NY State Senate Bill 2023-S9868

Current Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 21, 2024	referred to rules

2023-S9868 (ACTIVE) - Details

See Assembly Version of this Bill:: A10606
Current Committee:: Senate Rules
Law Section:: Retirement

2023-S9868 (ACTIVE) - Summary

Permits the widow of Luis Palermo to apply for a World Trade Center related accidental death benefit for participation in the rescue, recovery, and clean-up operations as a member of the Nassau county police department.

2023-S9868 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9868

SPONSOR: MATTERA
 
TITLE OF BILL:

An act to authorize the widow of Luis Palermo to apply for World Trade
Center related accidental death benefits from the New York state and
local police and fire retirement system

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would authorize the widow of the late Nassau County
Police Officer Luis Palermo to apply for World Trade Center related
accidental death benefits from the New York State and Local Police and
Fire Retirement System.

 
SUMMARY OF PROVISIONS:

Section 1: Permits the widow of the late Nassau County Police Officer
Luis Palermo to file an application, within one year of the effective
date of this act, for World Trade Center related accidental death bene-
fits from the New York State and Local Police and Fire Retirement

System. States that the application shall be approved despite Officer
Palermo participating in rescue, recovery and clean-up operations at the
World Trade Center site for twenty-nine hours.

Section 2: States that all costs associated with the implementation of
this act shall be borne by the county of Nassau.

Section 3: Sets the effective date and includes the Fiscal Note.

 
JUSTIFICATION:

Luis Palermo served as a member of the Nassau County Police Department
for approximately 23 years until his passing as a result of end stage
pulmonary fibrosis contracted through his participation as a first
responder at the World Trade Center site following the terrorist attacks
of September 11, 2001. However, officer Palermo's application for cover-
age under the provisions of the World Trade Center presumption was
rejected on the basis that he did not fulfill forty hours of partic-
ipation in the rescue, recovery, and clean-up operations as required
under the law.

Officer Palermo's conditions have been certified by the World Trade
Center Health Program as connected to his participation in the rescue
and recovery efforts following the September 11th attacks. In addition,
Officer Palermo meets all other conditions required for this claim
including having participated as defined under Section 2, definition 36,
subsection e, and having a qualifying physical condition as defined
under Section 2, definition 36, subsection c.  Further, Officer
Palermo's widow and surviving children have been receiving work related
death benefits under section 16 of the workers' compensation law based
entirely upon his participation in World Trade Center operations which
is an official New York State agency.

Accordingly, this bill would allow Officer Palermo's widow to file an
application, within one year of the effective date of this act, for
World Trade Center related accidental death benefits from the New York
State and Local Police and Fire Retirement System. Said application, if
timely filed, shall be approved despite Officer Palermo participating in
rescue, recovery and clean-up operations at the World Trade Center site
for twenty-nine hours.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Refer to fiscal note in section 3.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9868 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9868
 
                             I N  S E N A T E
 
                               June 21, 2024
                                ___________
 
 Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to authorize the widow of Luis Palermo to apply for  World  Trade
   Center  related  accidental death benefits from the New York state and
   local police and fire retirement system
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Notwithstanding any other provisions of law, the widow of
 Luis Palermo, who was employed by the Nassau  County  police  department
 since October 14, 1994, and was a member of the New York state and local
 police  and fire retirement system for approximately 23 years, until his
 passing on September 4, 2017, as a result of end stage pulmonary  fibro-
 sis  contracted through his participation as a first responder, shall be
 entitled to file a new application for an accidental and  special  acci-
 dental death retirement benefit provided by the New York state and local
 police  and  fire retirement system.   Additionally, notwithstanding any
 rule, regulation or law to the contrary, Luis Palermo's application  for
 World  Trade  Center  notice  shall  be approved despite Officer Palermo
 participating in rescue, recovery, and clean-up operations  for  twenty-
 nine  hours  between  September  11,  2001  and September 12, 2002. Such
 application must be filed with the New York state and local  police  and
 fire  retirement  system pursuant to section 361-a of the retirement and
 social security law, as amended by chapter 733  of  the  laws  of  1990,
 within one year of the effective date of this act.
   § 2. All costs associated with the implementation of this act shall be
 borne by the county of Nassau.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  make  Deborah Palermo, the widow of deceased member
 Luis Palermo, eligible to collect an accidental death  benefit  pursuant
 to  sections  361  and  361-a  of the Retirement and Social Security Law
 (RSSL). Luis Palermo was employed as a police officer with Nassau County
 until their death on September 4, 2017. Currently, a service  retirement
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15561-03-4

 S. 9868                             2
 
 benefit under a joint allowance full option election is payable to Debo-
 rah Palermo, pursuant to section 370 of the RSSL.
   If  this  bill is enacted during the 2024 Legislative Session, and the
 required application for an accidental death benefit is timely filed and
 approved, there will be an immediate past service cost of  approximately
 $5.61  million  which  will  be  borne  by  Nassau  County as a one-time
 payment. This estimate assumes that payment will be made on February  1,
 2025.
   Summary of relevant resources:
   Membership  data as of March 31, 2023 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2023 actuari-
 al valuation.  Distributions and other statistics can be  found  in  the
 2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2023
 Annual  Report  to  the  Comptroller  on  Actuarial Assumptions, and the
 Codes, Rules and Regulations  of  the  State  of  New  York:  Audit  and
 Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2023
 New  York  State  and  Local  Retirement System Financial Statements and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This fiscal note does not constitute a legal opinion on the  viability
 of  the  proposed change nor is it intended to serve as a substitute for
 the professional judgment of an attorney.
   This estimate, dated June 6, 2024, and intended for  use  only  during
 the  2024  Legislative Session, is Fiscal Note No. 2024-186, prepared by
 the Actuary for the New York State and Local Retirement System.

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Senate Bill S9868

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

2023-S9868 (ACTIVE) - Details

2023-S9868 (ACTIVE) - Summary

2023-S9868 (ACTIVE) - Sponsor Memo

2023-S9868 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9868

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Sponsored By

Mario R. Mattera

Current Bill Status - In Senate Committee Rules Committee

2023-S9868 (ACTIVE) - Details

2023-S9868 (ACTIVE) - Summary

2023-S9868 (ACTIVE) - Sponsor Memo

2023-S9868 (ACTIVE) - Bill Text download pdf

Comments