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S05669 Summary:

S05669 Actions:

S05669 Floor Votes:

S05669 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5669
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                      June 3, 2013
                                       ___________
 
        Introduced  by COMMITTEE ON RULES -- 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 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
        S. 5669                             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.
        S. 5669                             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.