Provides accidental disability retirement benefits equal to three-quarters of the final average salary for chief fire marshals, assistant fire marshals, division supervising fire marshals, supervising fire marshals, fire marshals and fire marshal trainees in Nassau county.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7520
SPONSOR: Abbate (MS) TITLE OF BILL: An act to amend the retirement and social security
law, in relation to providing accidental disability retirement benefits
for chief fire marshals, assistant fire marshals, division supervising
fire marshals, supervising fire marshals, fire marshals and fire marshal
trainees in Nassau county
SUMMARY OF PROVISIONS:
This legislation provides for a 3/4 accidental disability retirement for
various fire marshal titles within Nassau county who are injured in the
line of duty.
JUSTIFICATION:
Nassau County Fire Marshals provide services countywide, including
inspectional duties, Hazmat operations, the investigation of suspicious
fires, and the apprehension of arsonists and other criminals. They are
armed peace officers in New York State. Though rare, it does happen
that Nassau County Fire Marshals are rendered seriously and permanently
disabled due to injuries sustained in the line of duty. While such
instances occur infrequently, they are nonetheless devastating to the
Marshal involved, their spouses, and their children.
Fire Marshals respond to and perform work at the scene of serious fires
and Hazmat situations. Responses to Hazmat incidents place the Fire
Marshals with materials that, by their nature, are extremely dangerous.
Incidents involving flammables, corrosives, explosives, and deadly fumes
can cause extremely serious injury and disability to those responding to
and abating these conditions. Further, the Fire Marshals are trained to
handle weapons of mass destruction, as well as to deal with CBRNE
response and mitigation. These threats involve chemical and biological
agents, radiological and nuclear issues, which are all inherently
dangerous.
Though the Marshals are well trained, the operations they perform are by
their nature very dangerous and can result in serious injury. Addi-
tionally, in their investigation and apprehension role, Fire Marshals
are exposed to similar conditions as any other law enforcement officer
with arrest powers in our state. It should be noted that Fire Marshals
in the adjacent City of New York have a 75% disability benefit.
This bill will provide appropriate protection for Nassau County Fire
Marshals and their families in the event of a serious on-the-job disa-
blement. It also will rectify the imbalance in protection that currently
exists between the Fire Marshals and other, similar law enforcement
officers.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
7520
2013-2014 Regular Sessions
IN ASSEMBLY
May 23, 2013
___________
Introduced by M. of A. ABBATE, WEISENBERG -- read once and referred to
the Committee on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
providing accidental disability retirement benefits for chief fire
marshals, assistant fire marshals, division supervising fire marshals,
supervising fire marshals, fire marshals and fire marshal trainees in
Nassau county
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The retirement and social security law is amended by adding
2 a new section 605-d to read as follows:
3 § 605-d. Accidental disability retirement for chief fire marshals,
4 assistant fire marshals, division supervising fire marshals, supervising
5 fire marshals, fire marshals and fire marshal trainees in Nassau county.
6 a. A member employed as a chief fire marshal, assistant fire marshal,
7 division supervising fire marshal, supervising fire marshal, fire
8 marshal or fire marshal trainee in Nassau county shall be entitled to an
9 accidental disability retirement allowance if, at the time application
10 therefor is filed, such member is:
11 1. Physically or mentally incapacitated for performance of duty as the
12 natural and proximate result of an accident, unless the contrary be
13 proved by competent evidence, not caused by his or her own willful
14 negligence, sustained in such service and while actually a member of the
15 retirement system; and
16 2. Actually in service upon which his or her membership is based.
17 However, in a case where a member is discontinued from service subse-
18 quent to the accident, either voluntarily or involuntarily, and provided
19 that the member meets the requirements of paragraph one of this subdivi-
20 sion, application may be made not later than two years after the member
21 is first discontinued from service.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10443-03-3
A. 7520 2
1 b. Application for an accidental disability retirement allowance for
2 such a member may be made by:
3 1. Such member; or
4 2. The head of the department in which such member is employed; or
5 3. Any person acting on behalf of and authorized by such member.
6 c. 1. After the filing of such an application, such member shall be
7 given one or more medical examinations. No such application shall be
8 approved, however, unless the member or some other person on his or her
9 behalf shall have filed written notice in the office of the comptroller
10 within ninety days after the accident, setting forth:
11 (a) The time when and the place where such accident occurred; and
12 (b) The particulars thereof; and
13 (c) The nature and extent of the member's injuries; and
14 (d) His or her alleged incapacity.
15 2. The notice herein required need not be given:
16 (a) If the notice of such accident shall be filed in accordance with
17 the provisions of the workers' compensation law of any state within
18 which a participating employer in Nassau county shall have its employees
19 located or performing functions and duties within the normal scope of
20 their employment; or
21 (b) If the application for accidental disability retirement is filed
22 within one year after the date of such accident; or
23 (c) If a failure to file notice has been excused for good cause shown
24 as provided by rules and regulations promulgated by the comptroller.
25 d. If the comptroller determines that the member is physically or
26 mentally incapacitated for the performance of duty and ought to be
27 retired for accidental disability, such member shall be so retired. Such
28 retirement shall be effective as of a date approved by the comptroller.
29 e. The annual retirement allowance payable upon accidental disability
30 retirement shall be a pension of three-quarters of his or her final
31 average salary. The payment of such pension shall be subject to the
32 provisions of section sixty-four of this chapter.
33 f. If the member, at the time of the filing of an application under
34 the provisions of subdivision b of this section, is eligible for a
35 service retirement benefit, then and in that event, he or she may simul-
36 taneously file an application for service retirement in accordance with
37 the provisions of section seventy of this chapter, provided that the
38 member indicates on the application for service retirement that such
39 application is filed without prejudice to the application for accidental
40 disability retirement.
41 g. Notwithstanding any other provision of law, this section shall
42 apply to chief fire marshals, assistant fire marshals, division super-
43 vising fire marshals, supervising fire marshals, fire marshals and fire
44 marshal trainees in Nassau county who were hired on or after July twen-
45 ty-seventh, nineteen hundred seventy-six.
46 § 2. All costs associated with implementing the provisions of this act
47 shall be borne by Nassau county.
48 § 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would grant Nassau County Tier 3, 4, 5 and 6 chief fire
marshals, assistant fire marshals, division supervising fire marshals,
supervising fire marshals, fire marshals and fire marshal trainees and
accidental disability for injuries sustained in the performance of duty
and the result of an accident, unless the contrary be proven by compe-
tent evidence. The benefit for an accidental disability would be 75% of
final average salary less workers' compensation.
A. 7520 3
If this bill is enacted during the 2013 session, there will be an
estimated increase of approximately $61,500 in the annual contributions
of Nassau County for the fiscal year ending March 31, 2014.
These estimated costs are based on fifty-two (52) members having an
annual salary for the fiscal year ending March 31, 2013 of approximately
$5.9 million.
Summary of relevant resources:
Data: March 31, 2012 Actuarial Year End File with distributions of
membership and other statistics displayed in the 2012 Report of the
Actuary and 2012 Compensation Annual Financial Report.
Assumptions and Methods: 2010, 2011 and 2012 Annual Report to the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
Market Assets and GASB Disclosures: March 31, 2012 New York State and
Local Retirement System Financial Statements and Supplementary Informa-
tion.
Valuations of Benefit Liabilities and Actuarial Assets: summarized in
the 2012 Actuarial Valuations report.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This estimate, dated May 14, 2013 and intended for use only during the
2013 Legislative Session, is Fiscal Note No. 2013-130, prepared by the
Actuary for the New York State and Local Employees' Retirement System.
