Add SS89-x & 607-i, amd SS445, 603 & 604, R & SS L; add S207-r, Gen Muni L
Provides a twenty-five year optional retirement plan for emergency medical services providers employed by the town of Colonie; provides accidental disability retirement for emergency medical services providers employed by the town of Colonie.
STATE OF NEW YORK
________________________________________________________________________
5686
2009-2010 Regular Sessions
IN SENATE
May 27, 2009
___________
Introduced by Sen. BRESLIN -- 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 a
twenty-five year optional retirement plan for emergency medical
services providers employed by the town of Colonie and to amend the
retirement and social security law and the general municipal law, in
relation to disability benefits
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 89-x to read as follows:
3 § 89-x. Retirement of emergency medical services providers employed by
4 the town of Colonie. a. A member employed by the town of Colonie in a
5 full-time position which requires certification as an emergency medical
6 technician, advanced emergency medical technician, or paramedic, shall
7 be eligible to retire pursuant to the provisions of this section, if
8 such member files a timely election with the comptroller, on a form
9 provided by the comptroller for such purpose, to be covered by this
10 section. To be effective, such form must be filed within one year after
11 this section shall become law, or within one year following the individ-
12 ual's commencement of eligible employment with the town of Colonie,
13 whichever is later. The benefits hereinabove provided shall be payable
14 to a member, unless at the date of retirement, such member would other-
15 wise be entitled to a greater benefit under other provisions of this
16 article had he or she withdrawn from this section, in which event such
17 greater benefits shall be payable.
18 b. Such members shall be entitled to retire upon the completion of
19 twenty-five years of total creditable service by filing an application
20 therefor in the manner provided for in section seventy of this article.
21 c. Upon completion of twenty-five years of such services and upon
22 retirement, each such member shall receive a pension which, together
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11687-02-9
S. 5686 2
1 with an annuity which shall be the actuarial equivalent of his or her
2 accumulated contributions at the time of his or her retirement and an
3 additional pension which is the actuarial equivalent of the reserved-
4 for-increased-take-home-pay to which he or she may then be entitled
5 shall be sufficient to provide him or her with a retirement allowance
6 equal to one-half of his or her final average salary.
7 d. As used in this section "creditable service" shall include any and
8 all services performed in a full-time position which requires certif-
9 ication as an emergency medical technician, advanced emergency medical
10 technician, or paramedic, with the town of Colonie.
11 e. As used in this section "full-time position" shall mean an annual
12 salaried position with a regular fixed schedule of two thousand eighty
13 hours, exclusive of overtime, annually.
14 f. As used in this section "part-time position" shall mean an hourly
15 paid position with a variable schedule of less than two thousand eighty
16 hours, exclusive of overtime, annually.
17 g. Credit for service as a full-time emergency medical services
18 provider employed by any county, city, village, town, fire district or
19 police district, may also be deemed to be creditable service and shall
20 be included in computing years of total service for retirement pursuant
21 to this section provided that such member pays the accrued liability
22 cost, as calculated by the retirement system actuary, associated with
23 the crediting of this service. Such cost shall be non-refundable, and
24 shall be based on all available service credit at the time of the
25 request for such service credit.
26 h. Credit for service in the town of Colonie in a part-time position
27 which requires certification as an emergency medical technician,
28 advanced emergency medical technician, or paramedic may also be deemed
29 to be creditable service and shall be included in computing years of
30 total service for reimbursement pursuant to this section provided that
31 such member pays the accrued liability cost, as calculated by the
32 retirement system actuary, associated with the crediting of this
33 service. Such cost shall be non-refundable, and will be based on all
34 available service credit at the time of the request for such service
35 credit.
36 i. The town of Colonie shall certify to the comptroller, periodically
37 and at such intervals of time as may be required and in such fashion as
38 may be prescribed, the identity of the part-time or full-time emergency
39 medical services providers in its employ.
40 j. A member contributing on the basis of this section at the time of
41 retirement, may retire after the completion of twenty-five years of
42 total creditable service. Application therefor may be filed in a manner
43 similar to that provided in section seventy of this article. Upon
44 completion of twenty-five years of such services and upon retirement,
45 each such member shall receive a pension which, together with an annuity
46 which shall be the actuarial equivalent of his or her accumulated
47 contributions at the time of his or her retirement and an additional
48 pension which is the actuarial equivalent of the reserved-for-in-
49 creased-take-home-pay to which he or she may then be entitled shall be
50 sufficient to provide him or her with a retirement allowance equal to
51 one-half of his or her final average salary. Upon retirement, each such
52 member shall receive, for each year of service in excess of twenty-five,
53 an additional pension which shall be equal to one-sixtieth of his or her
54 final average salary; provided, however, that the total allowance paya-
55 ble pursuant to this section shall not exceed three-quarters of such
56 member's final average salary.
S. 5686 3
1 k. In computing the service of a member pursuant to this section, full
2 credit shall be given and full allowance shall be made for service of
3 such member in time of war after World War I as defined in section two
4 of this chapter, provided such member at the time of his or her entrance
5 into the armed forces was in the service of the town of Colonie as an
6 emergency medical technician, advanced emergency medical technician or
7 paramedic.
8 l. Nothing in this section shall be construed to prevent a member, who
9 does not retire pursuant to the provisions of this section, from utiliz-
10 ing service which is creditable service pursuant to the provisions of
11 this section for service credit pursuant to the provisions of any other
12 plan of this article to which such member is subject.
13 m. Accidental disability retirement for emergency medical services
14 providers employed by the town of Colonie. A member employed by the town
15 of Colonie in a full-time position which requires certification as an
16 emergency medical technician, advanced emergency medical technician, or
17 paramedic who becomes physically or mentally incapacitated for the
18 performance of duties as the natural and proximate result of an acci-
19 dent, sustained in the performance of his or her duties, not caused by
20 his or her willful negligence, sustained in such service and while actu-
21 ally a member of the retirement system, shall be paid an accidental
22 disability retirement allowance equal to three-quarters of final average
23 compensation as provided in section sixty-three of this article, subject
24 to the provisions of section sixty-four of this article.
25 n. Impairments of health; presumption. Notwithstanding any provision
26 of this chapter or of any general, special or local law to the contrary,
27 any emergency medical services provider employed by the town of Colonie
28 who is covered by the provisions of this section or subdivision u of
29 section six hundred four of this chapter and who contracts HIV, tubercu-
30 losis or hepatitis after contact with a member of the public (where
31 there may have been an exposure to a bodily fluid) will be presumed to
32 have contracted such disease in the performance or discharge of his or
33 her duties as the natural and proximate result of an accident sustained
34 in the performance of duties unless the contrary be proven by competent
35 evidence.
36 o. Notwithstanding any provision of this chapter or of any general or
37 special law to the contrary, any condition or impairment of health
38 caused by diseases of the heart, resulting in disability or death to any
39 emergency medical services provider employed by the town of Colonie who
40 is covered by the provisions of this section or subdivision u of section
41 six hundred four of this chapter and who, prior to entry into such
42 service successfully passed a physical examination which failed to
43 disclose evidence of any disease or other impairment of the heart shall
44 be presumptive evidence that it was incurred in the performance or
45 discharge of duty and the natural and proximate result of an accident,
46 unless the contrary be proven by competent evidence.
47 p. An emergency medical services provider employed by the town of
48 Colonie who is covered by the provisions of this section or subdivision
49 u of section six hundred four of this chapter and is in a plan which
50 permits immediate retirement upon completion of a specified period of
51 service without regard to age or who is subject to the provision of
52 subdivision b of section four hundred forty-five of this chapter, shall
53 upon completion of ninety days of service be covered for financial
54 protection in the event of death in service pursuant to this subdivi-
55 sion. Such death benefit shall be equal to three times the member's
56 salary raised to the next highest multiple of one thousand dollars, but
S. 5686 4
1 in no event shall it exceed three times the maximum salary specified in
2 section one hundred thirty of the civil service law.
3 q. The provisions of this section shall be controlling notwithstanding
4 any other provisions in this chapter to the contrary.
5 § 2. Subdivision a of section 445 of the retirement and social securi-
6 ty law, as amended by chapter 295 of the laws of 2007, is amended to
7 read as follows:
8 a. No member of a retirement system who is subject to the provisions
9 of this article shall retire without regard to age, exclusive of retire-
10 ment for disability, unless he or she is a [policeman] police officer,
11 an investigator member of the New York city employees' retirement
12 system, [fireman] firefighter, correction officer, a qualifying member
13 as defined in section eighty-nine-t, as added by chapter six hundred
14 fifty-seven of the laws of nineteen hundred ninety-eight, of this chap-
15 ter, sanitation [man] worker, a special officer (including persons
16 employed by the city of New York in the title urban park ranger or asso-
17 ciate urban park ranger), school safety agent, campus peace officer or a
18 taxi and limousine commission inspector member of the New York city
19 employees' retirement system or the New York city board of education
20 retirement system, a dispatcher member of the New York city employees'
21 retirement system, a police communications member of the New York city
22 employees' retirement system, an EMT member of the New York city employ-
23 ees' retirement system, a deputy sheriff member of the New York city
24 employees' retirement system, a correction officer of the Westchester
25 county correction department as defined in section eighty-nine-e of this
26 chapter or employed in Suffolk county as a peace officer, as defined in
27 section eighty-nine-s, as added by chapter five hundred eighty-eight of
28 the laws of nineteen hundred ninety-seven, of this chapter, employed in
29 Suffolk county as a correction officer, as defined in section eighty-
30 nine-f of this chapter, or employed in Nassau county as a correction
31 officer, uniformed correction division personnel, sheriff, undersheriff
32 or deputy sheriff, as defined in section eighty-nine-g of this chapter,
33 or employed in Nassau county as an ambulance medical technician, an
34 ambulance medical technician/supervisor or a member who performs ambu-
35 lance medical technician related services, as defined in section eight-
36 y-nine-s, as amended by chapter five hundred seventy-eight of the laws
37 of nineteen hundred ninety-eight, of this chapter, or employed in Nassau
38 county as a peace officer, as defined in section eighty-nine-s, as added
39 by chapter five hundred ninety-five of the laws of nineteen hundred
40 ninety-seven, of this chapter, or employed in Albany county as a sher-
41 iff, undersheriff, deputy sheriff, correction officer or identification
42 officer, as defined in section eighty-nine-h of this chapter or is
43 employed in St. Lawrence county as a sheriff, undersheriff, deputy sher-
44 iff or correction officer, as defined in section eighty-nine-i of this
45 chapter or is employed in Orleans county as a sheriff, undersheriff,
46 deputy sheriff or correction officer, as defined in section
47 eighty-nine-l of this chapter or is employed in Jefferson county as a
48 sheriff, undersheriff, deputy sheriff or correction officer, as defined
49 in section eighty-nine-j of this chapter or is employed in Onondaga
50 county as a deputy sheriff-jail division competitively appointed or as a
51 correction officer, as defined in section eighty-nine-k of this chapter
52 or is employed in a county which makes an election under subdivision j
53 of section eighty-nine-p of this chapter as a sheriff, undersheriff,
54 deputy sheriff or correction officer as defined in such section eighty-
55 nine-p or is employed in Broome County as a sheriff, undersheriff, depu-
56 ty sheriff or correction officer, as defined in section eighty-nine-m of
S. 5686 5
1 this chapter or is a Monroe county deputy sheriff-court security, or
2 deputy sheriff-jailor as defined in section eighty-nine-n, as added by
3 chapter five hundred ninety-seven of the laws of nineteen hundred nine-
4 ty-one, of this chapter or is employed in Greene county as a sheriff,
5 undersheriff, deputy sheriff or correction officer, as defined in
6 section eighty-nine-o of this chapter or is a traffic officer with the
7 town of Elmira as defined in section eighty-nine-q of this chapter or is
8 employed by Suffolk county as a park police officer, as defined in
9 section eighty-nine-r of this chapter or is a peace officer employed by
10 a county probation department as defined in section eighty-nine-t, as
11 added by chapter six hundred three of the laws of nineteen hundred nine-
12 ty-eight, of this chapter or is employed in Rockland county as a deputy
13 sheriff-civil as defined in section eighty-nine-v of this chapter as
14 added by chapter four hundred forty-one of the laws of two thousand one,
15 or is employed in Rockland county as a superior correction officer as
16 defined in section eighty-nine-v of this chapter as added by chapter
17 five hundred fifty-six of the laws of two thousand one or is a paramedic
18 employed by the police department in the town of Tonawanda and retires
19 under the provisions of section eighty-nine-v of this chapter, as added
20 by chapter four hundred seventy-two of the laws of two thousand one, or
21 is a county fire marshal, supervising fire marshal, fire marshal,
22 assistant fire marshal, assistant chief fire marshal or chief fire
23 marshal employed by the county of Nassau as defined in section eighty-
24 nine-w of this chapter, or is employed in a full-time position which
25 requires certification as an emergency medical technician, advanced
26 emergency medical technician, or paramedic by the town of Colonie and
27 retires under the provisions of section eighty-nine-x of this chapter
28 and is in a plan which permits immediate retirement upon completion of a
29 specified period of service without regard to age. Except as provided in
30 subdivision c of section four hundred forty-five-a of this article,
31 subdivision c of section four hundred forty-five-b of this article,
32 subdivision c of section four hundred forty-five-c of this article,
33 subdivision c of section four hundred forty-five-d of this article,
34 subdivision c of section four hundred forty-five-e of this article,
35 subdivision c of section four hundred forty-five-f of this article and
36 subdivision c of section four hundred forty-five-h of this article, a
37 member in such a plan and such an occupation, other than a [policeman]
38 police offficer or investigator member of the New York city employees'
39 retirement system or a [fireman] firefighter, shall not be permitted to
40 retire prior to the completion of twenty-five years of credited service;
41 provided, however, if such a member in such an occupation is in a plan
42 which permits retirement upon completion of twenty years of service
43 regardless of age, he or she may retire upon completion of twenty years
44 of credited service and prior to the completion of twenty-five years of
45 service, but in such event the benefit provided from funds other than
46 those based on such a member's own contributions shall not exceed two
47 per centum of final average salary per each year of credited service.
48 § 3. Section 603 of the retirement and social security law is amended
49 by adding a new subdivision t to read as follows:
50 t. The service retirement benefit specified in section six hundred
51 four of this article shall be payable to members with twenty-five or
52 more years of creditable service, without regard to age, who are
53 employed in a full-time position which requires certification as an
54 emergency medical technician, advanced emergency medical technician, or
55 paramedic by the town of Colonie if: (i) such members have met the mini-
56 mum service requirements upon retirement, and (ii) in the case of a
S. 5686 6
1 member subject to the provisions of article fourteen of this chapter,
2 such member files an election therefor which provides that he or she
3 will be subject to the provisions of this article and to none of the
4 provisions of such article fourteen. Such election which shall be irrev-
5 ocable, shall be in writing, duly executed and shall be filed with the
6 comptroller within ninety days of the effective date of this subdivi-
7 sion. For the purposes of this subdivision, the term "creditable
8 service" shall have the meaning as so defined in both section eighty-
9 nine-x of this chapter and section six hundred one of this article.
10 § 4. Section 604 of the retirement and social security law is amended
11 by adding a new subdivision u to read as follows:
12 u. The early service retirement benefit for a member who is an emer-
13 gency medical services provider employed by the town of Colonie as
14 defined in section eighty-nine-x of this chapter shall be a pension
15 equal to one-fiftieth of final average salary times years of credited
16 service at the completion of twenty-five years of credited service as
17 such emergency medical services provider, but not exceeding one-half of
18 his or her final average salary. In addition thereto, upon retirement,
19 each such member shall receive, for each year of service in excess of
20 twenty-five years, a pension which shall be equal to one-sixtieth of his
21 or her final average salary. The total allowance payable pursuant to
22 this section shall not exceed three-quarters of such member's final
23 average salary.
24 § 5. The retirement and social security law is amended by adding a new
25 section 607-i to read as follows:
26 § 607-i. Accidental disability retirement for emergency medical
27 services provider employed by the town of Colonie. a. A member employed
28 by the town of Colonie in a full-time position which requires certif-
29 ication as an emergency medical technician, advanced emergency medical
30 technician, or paramedic, who becomes physically or mentally incapaci-
31 tated for the performance of duties as the natural and proximate result
32 of an accident, not caused by his or her willful negligence, sustained
33 in such service and while actually a member of the retirement system,
34 shall be paid an accidental disability retirement allowance equal to
35 three-quarters of final average compensation as provided in section
36 sixty-three of this chapter, subject to the provisions of section
37 sixty-four of this chapter.
38 b. Notwithstanding any provision of this chapter or any general or
39 special law to the contrary, any condition or impairment of health
40 caused by diseases of the heart, resulting in the disability or death to
41 any member covered by this section, or subdivision u of section six
42 hundred four of this article presently employed and who shall have
43 sustained such disability while so employed, who successfully passed a
44 physical examination which failed to disclose evidence of any disease or
45 other impairment of the heart, shall be presumptive evidence that it was
46 incurred in the performance or discharge of duty, unless, the contrary
47 can be proven by competent evidence.
48 c. Notwithstanding any provisions of this chapter or of any general or
49 special law to the contrary, a member covered by this section or subdi-
50 vision u of section six hundred four of this article who contracts HIV,
51 tuberculosis or hepatitis after contact with members of the public
52 (where there may have been an exposure to a bodily fluid), will be
53 presumed to have contracted such disease in the performance or discharge
54 of his or her duties, as the natural and proximate result of an accident
55 sustained in the performance of duties unless the contrary be proven by
56 competent evidence.
S. 5686 7
1 § 6. The general municipal law is amended by adding a new section
2 207-r to read as follows:
3 § 207-r. Accidental disability retirement for emergency medical
4 services providers employed by the town of Colonie. a. Notwithstanding
5 any provision of this chapter or any general or special law to the
6 contrary, any condition or impairment of health caused by diseases of
7 the heart, resulting in the disability or death to an emergency medical
8 services provider as defined in section eighty-nine-x of the retirement
9 and social security law employed by the town of Colonie, and who is
10 presently employed and who shall have sustained such disability while so
11 employed, and who successfully passed a physical examination on entry
12 into service as a member covered by this section, which examination
13 failed to disclose evidence of any disease or other impairment of the
14 heart, shall be presumptive evidence that it was incurred in the
15 performance and discharge of duty, unless the contrary can be proven by
16 competent evidence.
17 b. Notwithstanding any provision of this chapter or of any general or
18 special law to the contrary, an emergency medical services provider as
19 defined in section eighty-nine-x of the retirement and social security
20 law employed by the town of Colonie, who contracts HIV, tuberculosis or
21 hepatitis after contact with members of the public (where there may have
22 been an exposure to a bodily fluid), will be presumed to have contracted
23 such disease in the performance or discharge of his or her duties, as
24 the natural and proximate result of an accident sustained in the
25 performance of duties unless the contrary be proven by competent
26 evidence.
27 § 7. The past service cost attributable to the operation of this act
28 shall be borne by the town of Colonie and may, at the option of the
29 town, be paid over a five year period at the rate or rates of interest
30 used in the actuarial valuations covering that five year time period.
31 § 8. This act shall take effect immediately, provided, however that
32 the amendments to article 15 of the retirement and social security law
33 made by sections three, four and five of this act shall not affect the
34 expiration of such article and shall expire on the same date as such
35 article expires pursuant to section 615 of the retirement and social
36 security law.
FISCAL NOTE.-- This bill will permit certain full-time emergency
medical technicians, advanced emergency medical technicians or paramed-
ics employed by the Town of Colonie to retire upon completion of 25
years of creditable service. For all eligible Tier 3 members who elect
to forfeit their benefits under Article 14 and all eligible Tier 1, 2
and 4 members, the benefit upon retirement will be an allowance of one-
half final average salary. In addition, members who render service in
excess of 25 years of service will receive an additional pension of
one-sixtieth of final average salary for each year of service in excess
of 25, limited to 15 such years. There will be no reduction due to early
service retirement for these members. In addition, this bill will
provide a 75% of final average salary accidental disability benefit,
less workers' compensation. The improved disability will include the
assumption of accident if the disability is due to HIV, tuberculosis or
hepatitis. The assumption of accident will also apply to heart disabili-
ties, but the member would have to prove that such heart related disa-
bility was the result of an accident. In addition, this bill will allow
such full-time employees to purchase similar full-time service from
other employers as well as any part-time emergency medical technician
service with the Town of Colonie.
S. 5686 8
If this bill is enacted, we anticipate that there will be an increase
of approximately $54,000 in the annual contributions of the Town of
Colonie for the fiscal year ending March 31, 2010.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $399,000 which would be
borne by the Town of Colonie. If this cost is amortized over a period of
five (5) years, the cost for the first year, including interest, will be
approximately $92,600.
These estimated costs are based on 41 full-time members having an
estimated total annual salary for the fiscal year ending March 31, 2009
of approximately $2.6 million.
This estimate, dated January 20, 2009, and intended for use only
during the 2009 Legislative Session, is Fiscal Note No, 2009-94,
prepared by the Actuary for the New York State and Local Employees'
Retirement System.
