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S06810 Summary:

S06810 Actions:

S06810 Floor Votes:

S06810 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6810
 
                    IN SENATE
 
                                     March 12, 2014
                                       ___________
 
        Introduced  by  Sens.  MARTINS,  GOLDEN,  MARCELLINO  --  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  ambulance
          medical technician supervisors, ambulance medical technician coordina-

          tors and ambulance medical technicians 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-e to read as follows:
     3    § 605-e. Accidental disability retirement for ambulance medical  tech-
     4  nician  supervisors, ambulance medical technician coordinators and ambu-
     5  lance medical technicians in Nassau county. a. A member  employed  as  a
     6  ambulance  medical  technician  supervisor, ambulance medical technician
     7  coordinator and ambulance medical technician in Nassau county  shall  be
     8  entitled  to  an  accidental  disability retirement allowance if, at the
     9  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 or her own willful
    13  negligence, sustained in such service and while actually a member of the
    14  retirement 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 not later than two years after the  member
    20  is first discontinued from service.

    21    b.  Application  for an accidental disability retirement allowance for
    22  such a member may be made by:
    23    1. Such member; or
    24    2. The head of the department in which such member is employed; or
    25    3. Any person acting on behalf of and authorized by such member.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13881-02-4
        S. 6810                             2
 
     1    c. 1. After the filing of such an application, such  member  shall  be
     2  given  one  or  more  medical examinations. No such application shall be
     3  approved, however, unless the member or some other person on his or  her

     4  behalf  shall have filed written notice in the office of the comptroller
     5  within ninety days after the accident, setting forth:
     6    (a) The time when and the place where such accident occurred; and
     7    (b) The particulars thereof; and
     8    (c) The nature and extent of the member's injuries; and
     9    (d) His or her alleged incapacity.
    10    2. The notice herein required need not be given:
    11    (a)  If  the notice of such accident shall be filed in accordance with
    12  the provisions of the workers' compensation  law  of  any  state  within
    13  which a participating employer in Nassau county shall have its employees
    14  located  or  performing  functions and duties within the normal scope of
    15  their employment; or

    16    (b) If the application for accidental disability retirement  is  filed
    17  within one year after the date of such accident; or
    18    (c)  If a failure to file notice has been excused for good cause shown
    19  as provided by rules and regulations promulgated by the comptroller.
    20    d. If the comptroller determines that  the  member  is  physically  or
    21  mentally  incapacitated  for  the  performance  of  duty and ought to be
    22  retired for accidental disability, such member shall be so retired. Such
    23  retirement shall be effective as of a date approved by the comptroller.
    24    e. The annual retirement allowance payable upon accidental  disability
    25  retirement  shall  be  a  pension  of three-quarters of his or her final

    26  average salary. The payment of such pension  shall  be  subject  to  the
    27  provisions of section sixty-four of this chapter.
    28    f.  If  the  member, at the time of the filing of an application under
    29  the provisions of subdivision b of  this  section,  is  eligible  for  a
    30  service retirement benefit, then and in that event, he or she may simul-
    31  taneously  file an application for service retirement in accordance with
    32  the provisions of section seventy of this  chapter,  provided  that  the
    33  member  indicates  on  the  application for service retirement that such
    34  application is filed without prejudice to the application for accidental
    35  disability retirement.
    36    g. Notwithstanding any other provision  of  law,  this  section  shall

    37  apply  to  ambulance  medical  technician supervisors, ambulance medical
    38  technician coordinators and  ambulance  medical  technicians  in  Nassau
    39  county  who were hired on or after July twenty-seventh, nineteen hundred
    40  seventy-six.
    41    § 2. All costs associated with implementing the provisions of this act
    42  shall be borne by Nassau county.
    43    § 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  ambulance
        medical  technician  supervisors, ambulance medical technician coordina-
        tors and ambulance medical  technicians  an  accidental  disability  for
        injuries sustained in the performance of duty and the result of an acci-
        dent,  unless  the contrary be proven by competent evidence. The benefit

        for an accidental disability would be 75% of final average  salary  less
        worker's compensation.
          If  this  bill  is  enacted  during the 2014 session, there will be an
        estimated increase of approximately $170,000 in the annual contributions
        of Nassau County for the fiscal year ending March 31, 2015.
          These estimated costs are based on 177 members having an annual salary
        for the fiscal year ending March 31, 2013 of approximately $16 million.
        S. 6810                             3
 
          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, 2013  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2013
        Report of the  Actuary  and  the  2013  Comprehensive  Annual  Financial
        Report.

          The  actuarial assumptions and methods used are described in the 2010,
        2011, 2012 and 2013  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, 2013
        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  estimate,  dated  February  27,  2014, and intended for use only
        during the  2014  Legislative  Session,  is  Fiscal  Note  No.  2014-85,
        prepared  by  the  Actuary  for  the New York State and Local Employees'
        Retirement System.