Relates to providing accidental disability retirement benefits for chief fire marshals, assistant chief fire marshals, division supervising fire marshals, supervising marshals, fire marshals and fire marshal trainees in Nassau county.
STATE OF NEW YORK
________________________________________________________________________
7127
2017-2018 Regular Sessions
IN ASSEMBLY
April 10, 2017
___________
Introduced by M. of A. ABBATE -- 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 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
A. 7127 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
A. 7127 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.
