- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
S03813 Summary:
BILL NO | S03813 |
  | |
SAME AS | SAME AS A05820 |
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SPONSOR | KAPLAN |
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COSPNSR | THOMAS |
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MLTSPNSR | |
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Add §607-i, R & SS L | |
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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. |
S03813 Actions:
BILL NO | S03813 | |||||||||||||||||||||||||||||||||||||||||||||||||
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02/15/2019 | REFERRED TO CIVIL SERVICE AND PENSIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
04/30/2019 | REPORTED AND COMMITTED TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2019 | COMMITTEE DISCHARGED AND COMMITTED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2019 | ORDERED TO THIRD READING CAL.1300 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2019 | HOME RULE REQUEST | |||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2019 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2019 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2019 | referred to governmental employees | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2019 | substituted for a5820 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2019 | ordered to third reading rules cal.357 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2019 | home rule request | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2019 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2019 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
12/20/2019 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
12/20/2019 | VETOED MEMO.263 |
S03813 Committee Votes:
Go to topS03813 Floor Votes:
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
S03813 Text:
Go to top 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. LBD07956-02-9S. 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 benefitsS. 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.