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A09920 Summary:

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A09920 Floor Votes:

A09920 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9920--A
 
                   IN ASSEMBLY
 
                                     April 24, 2012
                                       ___________
 
        Introduced  by  M. of A. ABBATE, WEISENBERG -- read once and referred to
          the Committee on Governmental Employees -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        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
 
          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.  a.  A  member
     6  employed  as  a  chief  fire  marshal,  assistant fire marshal, division
     7  supervising fire marshal, supervising fire marshal, fire marshal or fire

     8  marshal trainee shall be entitled to an accidental disability retirement
     9  allowance if, at the time application therefor is filed, such member is:
    10    1. Physically or mentally incapacitated for performance of duty as the
    11  natural and proximate result of an  accident,  unless  the  contrary  be
    12  proved  by competent evidence, not caused by his own willful negligence,
    13  sustained in such service and while actually a member of the  retirement
    14  system; and
    15    2.  Actually  in  service  upon  which his or her membership is based.
    16  However, in a case where a member is discontinued  from  service  subse-
    17  quent to the accident, either voluntarily or involuntarily, and provided
    18  that the member meets the requirements of paragraph one of this subdivi-

    19  sion,  application  may  be made either (a) by a vested member incapaci-
    20  tated as the result of a qualifying  World  Trade  Center  condition  as
    21  defined  in  section  two  of this chapter at any time, or (b) not later
    22  than two years after the member is first discontinued from service.
    23    b. Application for an accidental disability retirement  allowance  for
    24  such a member may be made by:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15351-02-2
        A. 9920--A                          2
 
     1    1. Such member; or
     2    2. The head of the department in which such member is employed; or

     3    3. Any person acting on behalf of and authorized by such member.
     4    c.  1.  After  the filing of such an application, such member shall be
     5  given one or more medical examinations. No  such  application  shall  be
     6  approved,  however, unless the member or some other person on his behalf
     7  shall have filed written notice in the office of the comptroller  within
     8  ninety days after the accident, setting forth:
     9    (a) The time when and the place where such accident occurred; and
    10    (b) The particulars thereof; and
    11    (c) The nature and extent of the member's injuries; and
    12    (d) His or her alleged incapacity.
    13    2. The notice herein required need not be given:
    14    (a)  If  the notice of such accident shall be filed in accordance with

    15  the provisions of the workers' compensation  law  of  any  state  within
    16  which  a  participating  employer  shall  have  its employees located or
    17  performing functions and duties within the normal scope of their employ-
    18  ment; or
    19    (b) If the application for accidental disability retirement  is  filed
    20  within one year after the date of such accident; or
    21    (c)  If a failure to file notice has been excused for good cause shown
    22  as provided by rules and regulations promulgated by the comptroller.
    23    d. If the comptroller determines that  the  member  is  physically  or
    24  mentally  incapacitated  for  the  performance  of  duty and ought to be
    25  retired for accidental disability, such member shall be so retired. Such

    26  retirement shall be effective as of a date approved by the comptroller.
    27    e. The annual retirement allowance payable upon accidental  disability
    28  retirement  shall  be  a  pension of three-quarters of his final average
    29  salary. The payment of such pension shall be subject to  the  provisions
    30  of section sixty-four of this chapter.
    31    f.  If  the  member, at the time of the filing of an application under
    32  the provisions of subdivision b of  this  section,  is  eligible  for  a
    33  service retirement benefit, then and in that event, he may simultaneous-
    34  ly  file  an  application  for service retirement in accordance with the
    35  provision of section seventy of this chapter, provided that  the  member

    36  indicates  on  the application for service retirement that such applica-
    37  tion is filed without prejudice to the application for accidental  disa-
    38  bility retirement.
    39    g.  Notwithstanding  any  other  provision  of law, this section shall
    40  apply to chief fire marshals, assistant fire marshals,  division  super-
    41  vising  fire marshals, supervising fire marshals, fire marshals and fire
    42  marshal trainees who were hired on or after July  twenty-seventh,  nine-
    43  teen hundred seventy-six.
    44    h.  1.  (a)  Notwithstanding  any provisions of this chapter or of any
    45  general, special or local law, charter, administrative code or  rule  or
    46  regulation  to the contrary, if any condition or impairment of health is

    47  caused by a qualifying  World  Trade  Center  condition  as  defined  in
    48  section  two  of  this chapter, it shall be presumptive evidence that it
    49  was incurred in the performance and discharge of duty  and  the  natural
    50  and  proximate  result  of  an  accident not caused by such member's own
    51  willful negligence, unless the contrary be proved by competent evidence.
    52    (b) The comptroller is hereby authorized to promulgate rules and regu-
    53  lations to implement the provisions of this paragraph.
    54    2. (a) Notwithstanding the provisions of this chapter or of any gener-
    55  al, special or local law, charter, administrative code or rule or  regu-
    56  lation  to  the  contrary,  if  a member who participated in World Trade

        A. 9920--A                          3
 
     1  Center rescue, recovery or cleanup operations, as defined in section two
     2  of this chapter, and subsequently retired on a  service  retirement,  an
     3  ordinary  disability  retirement  or  a  performance  of duty disability
     4  retirement  and subsequent to such retirement is determined by the comp-
     5  troller to have a qualifying World Trade Center condition, as defined in
     6  section two of this chapter, upon such determination by the  comptroller
     7  it  shall  be presumed that such disability was incurred in the perform-
     8  ance and discharge of duty as the natural and  proximate  result  of  an
     9  accident  not  caused  by such member's own willful negligence, and that
    10  the member would have been physically or mentally incapacitated for  the

    11  performance  and  discharge of duty of the position from which he or she
    12  retired had the condition been known and fully developed at the time  of
    13  the  member's  retirement,  unless  the  contrary is proven by competent
    14  evidence.
    15    (b) The comptroller shall consider a reclassification of the  member's
    16  retirement  as  an  accidental disability retirement effective as of the
    17  date of such reclassification.
    18    (c) Such member's retirement option shall not be changed as  a  result
    19  of such reclassification.
    20    (d)  The  member's former employer at the time of the member's retire-
    21  ment shall have an opportunity to be heard on the  member's  application
    22  for  reclassification  by the comptroller according to procedures devel-

    23  oped by the comptroller.
    24    (e) The comptroller is hereby authorized to promulgate rules and regu-
    25  lations to implement the provisions of this paragraph.
    26    i. Notwithstanding any other provision  of  this  chapter  or  of  any
    27  general,  special  or local law, charter, administrative code or rule or
    28  regulation to the contrary, if a retiree who: (1) has met  the  criteria
    29  of  subdivision h of this section and retired on a service or disability
    30  retirement, or would have met the criteria if not already retired on  an
    31  accidental  disability; and (2) has not been retired for more than twen-
    32  ty-five years; and (3) dies from a qualifying World Trade Center  condi-
    33  tion,  as  defined  in section two of this chapter, as determined by the

    34  applicable head of the retirement system or  applicable  medical  board,
    35  then  unless  the contrary be proven by competent evidence, such retiree
    36  shall be deemed to have died as a natural and  proximate  result  of  an
    37  accident  sustained  in  the  performance of duty and not as a result of
    38  willful negligence on his or her part. Such retiree's eligible benefici-
    39  ary, as set forth in section six hundred one of this article,  shall  be
    40  entitled  to  an  accidental  death  benefit  as provided by section six
    41  hundred seven of this article, however, for the purposes of  determining
    42  the  salary  base upon which the accidental death benefit is calculated,
    43  the retiree shall be deemed to have died on  the  date  of  his  or  her

    44  retirement.  Upon  the  retiree's  death, the eligible beneficiary shall
    45  make a written application to the head of the retirement  system  within
    46  the  time  for  filing an application for an accidental death benefit as
    47  set forth in section  six  hundred  seven  of  this  article  requesting
    48  conversion of such retiree's service or disability retirement benefit to
    49  an  accidental death benefit. At the time of such conversion, the eligi-
    50  ble beneficiary shall relinquish all rights to the prospective  benefits
    51  payable  under  the  service or disability retirement benefit, including
    52  any post-retirement death benefits, since the retiree's death.   If  the
    53  eligible  beneficiary  is not the only beneficiary receiving or entitled

    54  to receive a benefit under the service or disability retirement  benefit
    55  (including,  but not limited to, post-retirement death benefits or bene-
    56  fits paid or payable pursuant to the retiree's  option  selection),  the
        A. 9920--A                          4
 
     1  accidental  death  benefit  payments to the eligible beneficiary will be
     2  reduced by any amounts paid or payable to any other beneficiary.
     3    j.  Notwithstanding  any  other  provision  of  this chapter or of any
     4  general, special or local law, charter, administrative code or  rule  or
     5  regulation to the contrary, if a member who: (1) has met the criteria of
     6  subdivision  h  of  this  section; and (2) dies in active service from a

     7  qualifying World Trade Center condition, as defined in  section  two  of
     8  this  chapter,  as  determined  by the applicable head of the retirement
     9  system or applicable medical board to have been caused by such  member's
    10  participation  in  the  World  Trade  Center rescue, recovery or cleanup
    11  operations, as defined in section two of this chapter, then  unless  the
    12  contrary be proven by competent evidence, such member shall be deemed to
    13  have  died as a natural and proximate result of an accident sustained in
    14  the performance of duty and not as a result of willful negligence on his
    15  or her part. Such member's eligible beneficiary, as set forth in section
    16  six hundred one of this article, shall  be  entitled  to  an  accidental

    17  death  benefit  provided he or she makes written application to the head
    18  of the retirement system within the time for filing an  application  for
    19  an accidental death benefit as set forth in section six hundred seven of
    20  this article.
    21    § 2. The amount specified in this section, or so much thereof as shall
    22  be  sufficient to accomplish the purpose designated, is hereby appropri-
    23  ated and authorized to be paid as hereinafter provided,  to  the  public
    24  officers and for the purposes specified, which amount shall be available
    25  for the state fiscal year beginning April 1, 2012.
 
    26             MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
    27                            GENERAL STATE CHARGES
    28                          STATE OPERATIONS 2012-13
 
    29  GENERAL STATE CHARGES
 
    30    General Fund
    31    State Purposes Account
 

    32  For  the state's contribution to the employ-
    33    ees'  retirement  system  pension  accumu-
    34    lation  fund and the New York state public
    35    employees group life  insurance  plan,  as
    36    required  by  section 25 of the retirement
    37    and social security law, to  pay  for  the
    38    purposes  of  section 605-d of the retire-
    39    ment and social security law .................... 52,000
 
    40    § 3. This act shall take effect immediately; provided,  however,  that
    41  section  two  of this act shall be deemed to have been in full force and
    42  effect on and after April 1, 2012.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would grant Tier 3, 4 and 5 chief fire  marshals,  assistant
        fire  marshals,  division  supervising  fire  marshals, supervising fire
        marshals, fire marshals and fire marshal trainees an accidental disabil-

        ity for injuries sustained in the performance of duty and the result  of
        an  accident,  unless  the contrary be proven by competent evidence. The
        benefit for an accidental disability would be 75% of final average sala-
        ry less worker's compensation.
        A. 9920--A                          5
 
          If this bill is enacted during the 2012 session, insofar as this  bill
        would  affect  Nassau  County,  there  will  be an estimated increase of
        approximately $52,000 in the annual contributions for  the  fiscal  year
        ending March 31, 2013.
          These  estimated costs are based on fifty-three (53) members having an
        annual salary for the fiscal year ending March 31, 2012 of approximately
        $5.5 million.
          There would also be a cost for any other  municipality  which  employs
        fire  marshals,  which would depend on the salaries of the affected fire

        marshals.
          Summary of relevant resources:
          Data: March 31, 2011 Actuarial Year End  File  with  distributions  of
        membership  and  other  statistics  displayed  in the 2011 Report of the
        Actuary and 2011 Comprehensive Annual Financial Report.
          Assumptions and Methods: 2010 and 2011  Annual  Report  to  the  Comp-
        troller  on  Actuarial  Assumptions,  Codes Rules and Regulations of the
        State of New York: Audit and Control.
          Market Assets and GASB Disclosures: March 31, 2011 New York State  and
        Local  Retirement System Financial Statements and Supplementary Informa-
        tion.
          Valuations of Benefit Liabilities and Actuarial Assets: summarized  in
        the 2011 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 March 15, 2012 and intended for use only during
        the 2012 Legislative Session, is Fiscal Note No.  2012-90,  prepared  by
        the  Actuary  for  the  New  York  State and Local Employees' Retirement
        System.