S08293 Summary:

BILL NOS08293
 
SAME ASSAME AS A10695
 
SPONSORPHILLIPS
 
COSPNSR
 
MLTSPNSR
 
Add §607-i, R & SS L
 
Relates to providing accidental disability retirement benefits for chief fire marshals, assistant chief fire marshals, division supervising fire marshals, supervising marshals, fire marshals and fire marshal trainees in Nassau county.
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S08293 Actions:

BILL NOS08293
 
04/26/2018REFERRED TO CIVIL SERVICE AND PENSIONS
05/14/20181ST REPORT CAL.1168
05/15/20182ND REPORT CAL.
05/16/2018ADVANCED TO THIRD READING
06/14/2018HOME RULE REQUEST
06/14/2018PASSED SENATE
06/14/2018DELIVERED TO ASSEMBLY
06/14/2018referred to governmental employees
06/20/2018substituted for a10695
06/20/2018ordered to third reading rules cal.417
06/20/2018home rule request
06/20/2018passed assembly
06/20/2018returned to senate
12/18/2018DELIVERED TO GOVERNOR
12/28/2018VETOED MEMO.371
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S08293 Committee Votes:

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S08293 Floor Votes:

DATE:06/20/2018Assembly Vote  YEA/NAY: 140/3
Yes
Abbate
Yes
Cook
Yes
Garbarino
Yes
Lupardo
Yes
Pellegrino
Yes
Stec
Yes
Abinanti
Yes
Crespo
Yes
Giglio
Yes
Magee
Yes
Peoples-Stokes
Yes
Steck
Yes
Arroyo
Yes
Crouch
No
Glick
Yes
Magnarelli
Yes
Perry
Yes
Stern
Yes
Ashby
Yes
Curran
Yes
Goodell
Yes
Malliotakis
Yes
Pheffer Amato
Yes
Stirpe
Yes
Aubry
Yes
Cusick
Yes
Gottfried
Yes
McDonald
Yes
Pichardo
Yes
Tague
Yes
Barclay
Yes
Cymbrowitz
Yes
Gunther
Yes
McDonough
Yes
Pretlow
Yes
Taylor
Yes
Barnwell
Yes
Davila
Yes
Hawley
Yes
Mikulin
Yes
Quart
Yes
Thiele
Yes
Barrett
Yes
De La Rosa
Yes
Hevesi
Yes
Miller B
Yes
Ra
Yes
Titone
Yes
Barron
Yes
DenDekker
Yes
Hikind
Yes
Miller MG
Yes
Raia
Yes
Titus
Yes
Benedetto
Yes
Dickens
Yes
Hooper
Yes
Miller ML
Yes
Ramos
Yes
Vanel
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Montesano
ER
Richardson
Yes
Walker
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Morelle
Yes
Rivera
Yes
Wallace
Yes
Blankenbush
Yes
DiPietro
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Walsh
Yes
Bohen
Yes
D'Urso
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal D
Yes
Walter
Yes
Brabenec
Yes
Englebright
Yes
Jenne
Yes
Murray
Yes
Rosenthal L
Yes
Weinstein
Yes
Braunstein
ER
Epstein
Yes
Johns
Yes
Niou
Yes
Rozic
Yes
Weprin
Yes
Brindisi
Yes
Errigo
Yes
Jones
Yes
Nolan
Yes
Ryan
Yes
Williams
Yes
Bronson
Yes
Espinal
Yes
Joyner
Yes
Norris
Yes
Santabarbara
Yes
Woerner
Yes
Buchwald
Yes
Fahy
Yes
Kim
Yes
Oaks
Yes
Schimminger
Yes
Wright
Yes
Butler
Yes
Fernandez
Yes
Kolb
Yes
O'Donnell
Yes
Seawright
Yes
Zebrowski
Yes
Byrne
Yes
Finch
Yes
Lalor
Yes
Ortiz
No
Simon
Yes
Mr. Speaker
Yes
Cahill
No
Fitzpatrick
Yes
Lavine
Yes
Otis
Yes
Simotas
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palmesano
Yes
Skoufis
Yes
Castorina
Yes
Galef
Yes
Lentol
Yes
Palumbo
Yes
Smith
Yes
Colton
ER
Gantt
Yes
Lifton
Yes
Paulin
Yes
Solages

‡ Indicates voting via videoconference
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S08293 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8293
 
                    IN SENATE
 
                                     April 26, 2018
                                       ___________
 
        Introduced  by Sen. PHILLIPS -- 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
    23  meets the requirements of subdivision a of this section and this  subdi-
    24  vision.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05674-05-8

        S. 8293                             2
 
     1    c.  Application for a performance of duty disability retirement allow-
     2  ance for such a member may be made by:
     3    1. Such member; or
     4    2. The head of the department in which such member is employed; or
     5    3. Any person acting on behalf of and authorized by such member.
     6    d.  1.  After  the filing of such an application, such member shall be
     7  given one or more medical examinations. No  such  application  shall  be
     8  approved,  however, unless the member or some other person on his or her
     9  behalf shall have filed written notice in the office of the  comptroller
    10  within  ninety  days  after  such  occurrence which is the basis for the
    11  disability incurred in the performance of duty, setting forth:
    12    (a) The time and the place of such occurrence; and
    13    (b) The particulars thereof; and
    14    (c) The nature and extent of the member's injuries; and
    15    (d) His or her alleged disability.
    16    2. The notice herein required need not be given:
    17    (a) If the notice of such occurrence shall be filed in accordance with
    18  the provisions of the workers' compensation  law  of  any  state  within
    19  which a participating employer in Nassau county shall have its employees
    20  located  or  performing  functions and duties within the normal scope of
    21  their employment; or
    22    (b) If the application for performance of duty  disability  retirement
    23  is  filed  within  one year after the date of the occurrence which forms
    24  the basis for the application; or
    25    (c) If a failure to file notice has been excused for good cause  shown
    26  as provided by rules and regulations promulgated by the comptroller.
    27    e.  If  the  comptroller  determines  that the member is physically or
    28  mentally incapacitated for the performance of duty pursuant to  subdivi-
    29  sion  b of this section and ought to be retired, such member shall be so
    30  retired. Such retirement shall be effective as of a date approved by the
    31  comptroller.
    32    f. The annual retirement allowance payable upon retirement  for  disa-
    33  bility  incurred  in  the performance of duty shall be a pension of one-
    34  half of his or her final average salary plus an annuity which  shall  be
    35  the  actuarial  equivalent of the member's accumulated contributions, if
    36  any.
    37    g. If the member, at the time of the filing of  an  application  under
    38  the  provisions  of  subdivision  c  of  this section, is eligible for a
    39  service retirement benefit, then and in that event, he or she may simul-
    40  taneously file an application for service retirement in accordance  with
    41  the  provisions  of  section  seventy of this chapter, provided that the
    42  member indicates on the application for  service  retirement  that  such
    43  application  is  filed  without  prejudice  to  the  application for the
    44  retirement for disability incurred in performance of duty.
    45    h. Any benefit provided pursuant to this section shall not be  consid-
    46  ered  as  an accidental disability benefit within the meaning of section
    47  sixty-four of this chapter.
    48    i. Any benefit payable pursuant to the workers' compensation law to  a
    49  member  receiving  a disability allowance pursuant to this section shall
    50  be in addition to such retirement for disability incurred in performance
    51  of duty allowance.
    52    j. A final determination of the comptroller that  the  member  is  not
    53  entitled  to  retirement  benefits pursuant to this section shall not in
    54  any respect be, or constitute, a determination with regard  to  benefits
    55  payable pursuant to section two hundred seven-a of the general municipal
    56  law.

        S. 8293                             3
 
     1    § 2. All costs associated with implementing the provisions of this act
     2  shall be borne by Nassau county.
     3    §  3.  All  past  service  costs  incurred  due  to  implementing  the
     4  provisions of this act will be borne by Nassau County, and may be  amor-
     5  tized over a 10 year period.
     6    § 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 trainee and enhances
        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 2018  session,  there  will  be  an
        estimated  increase of approximately $34,000 in the annual contributions
        of Nassau County for the fiscal year ending March 31, 2019.
          In addition to the annual contributions discussed above, there will be
        an immediate past service cost of approximately $199,000 which would  be
        home  by  Nassau County as a one-time payment. This estimate is based on
        the assumption that payment will be made on February 1, 2019. If  Nassau
        County  elects to amortize this cost over a 10 year period, the cost for
        the first year would be $26,600.
          These estimated costs above are based on 40 fire marshals employed  by
        Nassau County with a total estimated annual salary of approximately $4.8
        million for the fiscal year ending March 31, 2017.
          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, 2017  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2017
        Report of the  Actuary  and  the  2017  Comprehensive  Annual  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2015,
        2016, and 2017 Annual Report to the  Comptroller  on  Actuarial  Assump-
        tions,  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, 2017
        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 April 25, 2018, and intended for use only during
        the 2018 Legislative Session, is Fiscal Note No.  2018-90,  prepared  by
        the Actuary for the New York State and Local Retirement System.
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