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S07167 Summary:

S07167 Actions:

S07167 Committee Votes:

S07167 Floor Votes:

S07167 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7167
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                      June 4, 2021
                                       ___________
 
        Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the retirement and social security law, in  relation  to
          providing  a  heart  disease  presumption for certain fire marshals 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 63-g to read as follows:
     3    § 63-g. Disability benefits; certain disabilities. Notwithstanding any
     4  provision of this chapter or of any general, special or local law to the
     5  contrary,  any  member  who is a fire marshal, supervising fire marshal,
     6  division supervising fire marshal, assistant chief fire  marshal,  chief
     7  fire  marshal  or  fire  marshal  trainee  employed by Nassau county who
     8  contracts any condition of impairment of health caused  by  diseases  of
     9  the heart, resulting in disability or death to such fire marshal, super-
    10  vising  fire marshal, division supervising fire marshal, assistant chief
    11  fire marshal, chief fire marshal  or  fire  marshal  trainee,  presently
    12  employed,  and  who  shall  have  sustained  such  disability  while  so
    13  employed,  shall  be  presumptive  evidence  that  such  disability  was
    14  incurred  in  the  performance and discharge of duty and the natural and
    15  proximate result of an accident, unless the contrary be proved by compe-
    16  tent evidence; provided, however, that prior to entry into service, such
    17  fire  marshal,  supervising  fire  marshal,  division  supervising  fire
    18  marshal,  assistant  chief  fire  marshal,  chief  fire  marshal or fire
    19  marshal trainee successfully passed a physical examination which  failed
    20  to disclose evidence of any disease or other impairment of the heart.
    21    § 2. The retirement and social security law is amended by adding a new
    22  section 605-f to read as follows:
    23    §  605-f.  Disability  benefits; certain disabilities. Notwithstanding
    24  any provision of this chapter or of any general, special or local law to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11784-01-1
        S. 7167                             2
 
     1  the contrary, any  member  who  is  a  fire  marshal,  supervising  fire
     2  marshal,   division  supervising  fire  marshal,  assistant  chief  fire
     3  marshal, chief fire marshal or fire marshal trainee employed  by  Nassau
     4  county  who  contracts  any  condition of impairment of health caused by
     5  diseases of the heart, resulting in disability or  death  to  such  fire
     6  marshal,  supervising  fire  marshal, division supervising fire marshal,
     7  assistant chief fire marshal, chief fire marshal or fire marshal  train-
     8  ee,  presently  employed,  and  who shall have sustained such disability
     9  while so employed, shall be presumptive evidence  that  such  disability
    10  was  incurred  in  the performance and discharge of duty and the natural
    11  and proximate result of an accident, unless the contrary  be  proved  by
    12  competent evidence; provided, however, that prior to entry into service,
    13  such  fire  marshal, supervising fire marshal, division supervising fire
    14  marshal, assistant chief  fire  marshal,  chief  fire  marshal  or  fire
    15  marshal  trainee successfully passed a physical examination which failed
    16  to disclose evidence of any disease or other impairment of the heart.
    17    §  3.  All  past  service  costs  associated  with  implementing   the
    18  provisions of this act shall be borne by the county of Nassau and may be
    19  amortized over a period of ten years.
    20    § 4. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill would allow certain members of the New York State and Local
        Employees' Retirement System (ERS) employed by Nassau  County  as  chief
        fire  marshal,  assistant  chief fire marshal, division supervising fire
        marshal, supervising fire marshal, fire marshal and fire marshal trainee
        to receive an accidental disability benefit if the  member  is  impaired
        due  to  a  condition  of  the  heart as a result of an accident, in the
        performance of his or her duties,  unless  the  contrary  be  proven  by
        competent  evidence.  The  annual  benefit would be 3/4 of final average
        salary less worker's compensation.
          If this bill is enacted during the 2021 legislative session, we antic-
        ipate that there will be an increase  of  approximately  $5,200  in  the
        annual  contributions  of Nassau County for the fiscal year ending March
        31, 2022. In future years, this cost will vary as the billing rates  and
        salary of the affected members change.
          In addition to the annual contributions discussed above, there will be
        an  immediate  past  service cost of approximately $21,400 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, 2022. If Nassau
        County elects to amortize this cost over a 10 year period, the cost  for
        the first year including interest would be $2,830.
          These  estimated  costs  are  based on 50 affected members employed by
        Nassau County, with annual salary of approximately $5.2  million  as  of
        March 31, 2020.
          Summary of relevant resources:
          Membership  data as of March 31, 2020 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2020 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2020  Report  of the Actuary and the 2020 Comprehensive Annual Financial
        Report.
          The actuarial assumptions and methods used are described in  the  2020
        Annual  Report  to  the  Comptroller  on  Actuarial Assumptions, and the
        Codes, Rules and Regulations  of  the  State  of  New  York:  Audit  and
        Control.
        S. 7167                             3
 
          The Market Assets and GASB Disclosures are found in the March 31, 2020
        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  June 3, 2021, and intended for use only during
        the 2021 Legislative Session, is Fiscal Note No. 2021-153,  prepared  by
        the Actuary for the New York State and Local Retirement System.