Provides accidental disability retirement benefits equal to three-quarters of the final average salary for chief fire marshals, assistant fire marshals, division supervising fire marshals, supervising fire marshals, fire marshals and fire marshal trainees.
STATE OF NEW YORK
________________________________________________________________________
7076
IN SENATE
March 10, 2010
___________
Introduced by Sen. SAVINO -- 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 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, not caused by his own will-
12 ful negligence, sustained in such service and while actually a member of
13 the retirement system; and
14 2. Actually in service upon which his or her membership is based.
15 However, in a case where a member is discontinued from service subse-
16 quent to the accident, either voluntarily or involuntarily, and provided
17 that the member meets the requirements of paragraph one of this subdivi-
18 sion, application may be made either (a) by a vested member incapaci-
19 tated as the result of a qualifying World Trade Center condition as
20 defined in section two of this chapter at any time, or (b) not later
21 than two years after the member is first discontinued from service.
22 b. Application for an accidental disability retirement allowance for
23 such a member may be made by:
24 1. Such member; or
25 2. The head of the department in which such member is employed; or
26 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.
LBD14015-02-0
S. 7076 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 behalf
4 shall have filed written notice in the office of the comptroller within
5 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 shall have its employees located or
14 performing functions and duties within the normal scope of their employ-
15 ment; 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 final average
26 salary. The payment of such pension shall be subject to the provisions
27 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 may simultaneous-
31 ly file an application for service retirement in accordance with the
32 provision of section seventy of this chapter, provided that the member
33 indicates on the application for service retirement that such applica-
34 tion is filed without prejudice to the application for accidental disa-
35 bility retirement.
36 g. Notwithstanding any other provision of law, this section shall
37 apply to chief fire marshals, assistant fire marshals, division super-
38 vising fire marshals, supervising fire marshals, fire marshals and fire
39 marshal trainees who were hired on or after July twenty-seven, nineteen
40 hundred seventy-six.
41 § 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would grant chief fire marshals, assistant fire marshals,
division supervising fire marshals, supervising fire marshals, fire
marshals and fire marshal trainees an accidental disability 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 salary less worker's
compensation.
If this bill is enacted, insofar as this bill would affect Nassau
County, the estimated increase in the annual contributions for the
fiscal year ending March 31, 2011 would be approximately $61,300.
These estimated costs are based on 57 members having an estimated
annual salary for the fiscal year ending March 31, 2010 of approximately
$5.9 million.
S. 7076 3
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.
This estimate, dated January 29, 2010, and intended for use only
during the 2010 Legislative Session, is Fiscal Note No. 2010-74,
prepared by the Actuary for the New York State and Local Employees'
Retirement System.
