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S05705 Summary:

S05705 Actions:

S05705 Committee Votes:

S05705 Floor Votes:

S05705 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5705
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                     April 26, 2017
                                       ___________
 
        Introduced  by Sen. PHILLIPS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
 
        AN ACT to amend the retirement and social security law, in  relation  to
          providing  accidental  disability  retirement  benefits for chief fire
          marshals, assistant chief 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 607-i to read as follows:
     3    §  607-i.  Performance  of  duty, disability retirement for chief fire
     4  marshals, assistant  chief  fire  marshals,  division  supervising  fire
     5  marshals,  supervising  fire  marshals,  fire  marshals and fire marshal
     6  trainees in Nassau county. a.  The county of Nassau shall make the bene-
     7  fits provided herein available to chief fire marshals,  assistant  chief
     8  fire  marshals,  division  supervising  fire  marshals, supervising fire
     9  marshals, fire marshals and fire  marshal  trainees  in  the  employ  of
    10  Nassau county.
    11    b. A member shall be entitled to retirement for disability incurred in
    12  the  performance  of duty if, at the time application therefor is filed,
    13  he or she is:
    14    1. Physically or mentally incapacitated for performance of duty as the
    15  natural and proximate result of a disability, not caused by his  or  her
    16  own  willful  negligence  sustained in such service and while actually a
    17  member of the retirement system; and
    18    2. Actually in service upon which his  or  her  membership  is  based.
    19  However,  in  a case where a member is discontinued from service, either
    20  voluntarily or involuntarily, subsequent to sustaining a  disability  in
    21  such service, application may be made not later than two years after the
    22  member  is first discontinued from service; and provided that the member
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05674-03-7
        S. 5705                             2
 
     1  meets the requirements of subdivision a of this section and this  subdi-
     2  vision.
     3    c.  Application for a performance of duty disability retirement allow-
     4  ance for such a member may be made by:
     5    1. Such member; or
     6    2. The head of the department in which such member is employed; or
     7    3. Any person acting on behalf of and authorized by such member.
     8    d. 1. After the filing of such an application, such  member  shall  be
     9  given  one  or  more  medical examinations. No such application shall be
    10  approved, however, unless the member or some other person on his or  her
    11  behalf  shall have filed written notice in the office of the comptroller
    12  within ninety days after such occurrence which  is  the  basis  for  the
    13  disability incurred in the performance of duty, setting forth:
    14    (a) The time and the place of such occurrence; and
    15    (b) The particulars thereof; and
    16    (c) The nature and extent of the member's injuries; and
    17    (d) His or her alleged disability.
    18    2. The notice herein required need not be given:
    19    (a) If the notice of such occurrence shall be filed in accordance with
    20  the  provisions  of  the  workers'  compensation law of any state within
    21  which a participating employer in Nassau county shall have its employees
    22  located or performing functions and duties within the  normal  scope  of
    23  their employment; or
    24    (b)  If  the application for performance of duty disability retirement
    25  is filed within one year after the date of the  occurrence  which  forms
    26  the basis for the application; or
    27    (c)  If a failure to file notice has been excused for good cause shown
    28  as provided by rules and regulations promulgated by the comptroller.
    29    e. If the comptroller determines that  the  member  is  physically  or
    30  mentally  incapacitated for the performance of duty pursuant to subdivi-
    31  sion b of this section and ought to be retired, such member shall be  so
    32  retired. Such retirement shall be effective as of a date approved by the
    33  comptroller.
    34    f.  The  annual retirement allowance payable upon retirement for disa-
    35  bility incurred in the performance of duty shall be a  pension  of  one-
    36  half  of  his or her final average salary plus an annuity which shall be
    37  the actuarial equivalent of the member's accumulated  contributions,  if
    38  any.
    39    g.  If  the  member, at the time of the filing of an application under
    40  the provisions of subdivision c of  this  section,  is  eligible  for  a
    41  service retirement benefit, then and in that event, he or she may simul-
    42  taneously  file an application for service retirement in accordance with
    43  the provisions of section seventy of this  chapter,  provided  that  the
    44  member  indicates  on  the  application for service retirement that such
    45  application is filed  without  prejudice  to  the  application  for  the
    46  retirement for disability incurred in performance of duty.
    47    h.  Any benefit provided pursuant to this section shall not be consid-
    48  ered as an accidental disability benefit within the meaning  of  section
    49  sixty-four of this chapter.
    50    i.  Any benefit payable pursuant to the workers' compensation law to a
    51  member receiving a disability allowance pursuant to this  section  shall
    52  be in addition to such retirement for disability incurred in performance
    53  of duty allowance.
    54    j.  A  final  determination  of the comptroller that the member is not
    55  entitled to retirement benefits pursuant to this section  shall  not  in
    56  any  respect  be, or constitute, a determination with regard to benefits
        S. 5705                             3
 
     1  payable pursuant to section two hundred seven-a of the general municipal
     2  law.
     3    § 2. All costs associated with implementing the provisions of this act
     4  shall be borne by Nassau county.
     5    §  3.  All  past  service  costs  incurred  due  to  implementing  the
     6  provisions of this act will be borne by Nassau County, and may be  amor-
     7  tized over a 10 year period.
     8    § 4. 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
        marshal, assistant fire  marshal,  division  supervising  fire  marshal,
        supervising  fire  marshal,  fire  marshal  and  fire marshal trainee an
        enhanced disability benefit for injuries sustained in the performance of
        duty. The benefit for a performance of duty disability would be  50%  of
        final average salary.
          If  this  bill  is  enacted  during the 2017 session, there will be an
        estimated increase of approximately $35,000 in the annual  contributions
        of Nassau County for the fiscal year ending March 31, 2018.
          In addition to the annual contributions discussed above, there will be
        an  immediate past service cost of approximately $201,000 which would be
        borne by Nassau County as a one-time payment. This estimate is based  on
        the  assumption that payment will be made on February 1, 2018. If Nassau
        County elects to amortize the cost over a 10 year period, the  cost  for
        the first year would be $26,800.
          These  estimated costs above are based on 42 fire marshals employed by
        Nassau County with a total estimated annual salary of approximately $4.9
        million for the fiscal year ending March 31, 2016.
          Summary of relevant resources:
          The membership data used in  measuring  the  impact  of  the  proposed
        change  was  the same as that used in the March 31, 2016 actuarial valu-
        ation.  Distributions and other statistics can  be  found  in  the  2016
        Report  of  the  Actuary  and  the  2016  Comprehensive Annual Financial
        Report.
          The actuarial assumptions and methods used are described in  the  2015
        and  2016 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, 2016
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
          I am a member of American Academy of Actuaries and meet the Qualifica-
        tion Standards to render the actuarial opinion contained herein.
          This estimate, dated January 19,  2017,  and  intended  for  use  only
        during  the  2017  Legislative  Session,  is  Fiscal  Note  No. 2017-31,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.