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S03813 Summary:

BILL NOS03813
 
SAME ASSAME AS A05820
 
SPONSORKAPLAN
 
COSPNSRTHOMAS
 
MLTSPNSR
 
Add §607-i, R & SS L
 
Relates 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.
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S03813 Actions:

BILL NOS03813
 
02/15/2019REFERRED TO CIVIL SERVICE AND PENSIONS
04/30/2019REPORTED AND COMMITTED TO FINANCE
06/12/2019COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/12/2019ORDERED TO THIRD READING CAL.1300
06/12/2019HOME RULE REQUEST
06/12/2019PASSED SENATE
06/12/2019DELIVERED TO ASSEMBLY
06/12/2019referred to governmental employees
06/18/2019substituted for a5820
06/18/2019ordered to third reading rules cal.357
06/18/2019home rule request
06/18/2019passed assembly
06/18/2019returned to senate
12/20/2019DELIVERED TO GOVERNOR
12/20/2019VETOED MEMO.263
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S03813 Committee Votes:

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S03813 Floor Votes:

DATE:06/18/2019Assembly Vote  YEA/NAY: 145/1
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
ER
Perry
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Smith
Yes
Ashby
Yes
Cusick
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
Yes
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
Yes
Barron
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
Yes
Raynor
Yes
Stirpe
Yes
Benedetto
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Reilly
Yes
Tague
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
DiPietro
Yes
Jacobson
Yes
Montesano
Yes
Rivera
ER
Titus
Yes
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
Yes
Walczyk
Yes
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
Yes
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Rozic
Yes
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Ryan
Yes
Weinstein
ER
Byrne
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Salka
Yes
Weprin
Yes
Byrnes
Yes
Finch
Yes
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
Yes
Cahill
No
Fitzpatrick
Yes
Lavine
Yes
Palmesano
Yes
Sayegh
Yes
Woerner
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palumbo
Yes
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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S03813 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3813
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 15, 2019
                                       ___________
 
        Introduced  by  Sen.  KAPLAN -- 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.
                                                                   LBD07956-02-9

        S. 3813                             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. 3813                             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 any Nassau County Tier 3, 4, 5 and 6 chief fire
        marshal,  assistant  chief  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 2019 legislative session, we antic-
        ipate that there will be an increase of  approximately  $30,000  in  the
        annual  contributions  of Nassau County for the fiscal year ending March
        31, 2020. In future years, this cost will vary as the billing rates  and
        salary of affected members change.
          In addition to the annual contributions discussed above, there will be
        an  immediate  past service cost of approximately $197,000 which will 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, 2020. If  Nassau
        County  elects to amortize this cost over a 10 year period, the cost for
        the first year would be approximately $26,000.
          These estimated costs above are based on 35 fire marshals employed  by
        Nassau County with a total estimated annual salary of approximately $4.4
        million for the fiscal year ending March 31, 2018.
          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, 2018  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2018
        Report of the  Actuary  and  the  2018  Comprehensive  Annual  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2015,
        2016, 2017 and 2018  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, 2018
        New York State and Local  Retirement  System  Financial  Statements  and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This  fiscal note does not constitute a legal opinion on the viability
        of the proposed change nor is it intended to serve as a  substitute  for
        the professional judgment of an attorney.
          This  estimate,  dated  February  6,  2019,  and intended for use only
        during the  2019  Legislative  Session,  is  Fiscal  Note  No.  2019-43,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.
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