Bill Text: NY A05820 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates 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.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-06-18 - substituted by s3813 [A05820 Detail]

Download: New_York-2019-A05820-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5820
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 19, 2019
                                       ___________
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07956-02-9

        A. 5820                             2
     1  meets  the requirements of subdivision a of this section and this subdi-
     2  vision.
     3    c.  Application for a performance of duty disability retirement allow-
     4  ance for such a member may be made by:
     5    1. Such member; or
     6    2. The head of the department in which such member is employed; or
     7    3. Any person acting on behalf of and authorized by such member.
     8    d. 1. After the filing of such an application, such  member  shall  be
     9  given  one  or  more  medical examinations. No such application shall be
    10  approved, however, unless the member or some other person on his or  her
    11  behalf  shall have filed written notice in the office of the comptroller
    12  within ninety days after such occurrence which  is  the  basis  for  the
    13  disability incurred in the performance of duty, setting forth:
    14    (a) The time and the place of such occurrence; and
    15    (b) The particulars thereof; and
    16    (c) The nature and extent of the member's injuries; and
    17    (d) His or her alleged disability.
    18    2. The notice herein required need not be given:
    19    (a) If the notice of such occurrence shall be filed in accordance with
    20  the  provisions  of  the  workers'  compensation law of any state within
    21  which a participating employer in Nassau county shall have its employees
    22  located or performing functions and duties within the  normal  scope  of
    23  their employment; or
    24    (b)  If  the application for performance of duty disability retirement
    25  is filed within one year after the date of the  occurrence  which  forms
    26  the basis for the application; or
    27    (c)  If a failure to file notice has been excused for good cause shown
    28  as provided by rules and regulations promulgated by the comptroller.
    29    e. If the comptroller determines that  the  member  is  physically  or
    30  mentally  incapacitated for the performance of duty pursuant to subdivi-
    31  sion b of this section and ought to be retired, such member shall be  so
    32  retired. Such retirement shall be effective as of a date approved by the
    33  comptroller.
    34    f.  The  annual retirement allowance payable upon retirement for disa-
    35  bility incurred in the performance of duty shall be a  pension  of  one-
    36  half  of  his or her final average salary plus an annuity which shall be
    37  the actuarial equivalent of the member's accumulated  contributions,  if
    38  any.
    39    g.  If  the  member, at the time of the filing of an application under
    40  the provisions of subdivision c of  this  section,  is  eligible  for  a
    41  service retirement benefit, then and in that event, he or she may simul-
    42  taneously  file an application for service retirement in accordance with
    43  the provisions of section seventy of this  chapter,  provided  that  the
    44  member  indicates  on  the  application for service retirement that such
    45  application is filed  without  prejudice  to  the  application  for  the
    46  retirement for disability incurred in performance of duty.
    47    h.  Any benefit provided pursuant to this section shall not be consid-
    48  ered as an accidental disability benefit within the meaning  of  section
    49  sixty-four of this chapter.
    50    i.  Any benefit payable pursuant to the workers' compensation law to a
    51  member receiving a disability allowance pursuant to this  section  shall
    52  be in addition to such retirement for disability incurred in performance
    53  of duty allowance.
    54    j.  A  final  determination  of the comptroller that the member is not
    55  entitled to retirement benefits pursuant to this section  shall  not  in
    56  any  respect  be, or constitute, a determination with regard to benefits

        A. 5820                             3
     1  payable pursuant to section two hundred seven-a of the general municipal
     2  law.
     3    § 2. All costs associated with implementing the provisions of this act
     4  shall be borne by Nassau county.
     5    §  3.  All  past  service  costs  incurred  due  to  implementing  the
     6  provisions of this act will be borne by Nassau County, and may be  amor-
     7  tized over a 10 year period.
     8    § 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 and fire marshal trainee
        an enhanced 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 2019 legislative session, we antic-
        ipate that there will be an increase of  approximately  $30,000  in  the
        annual  contributions  of Nassau County for the fiscal year ending March
        31, 2020. In future years, this cost will vary as the billing rates  and
        salary of affected members change.
          In addition to the annual contributions discussed above, there will be
        an  immediate  past service cost of approximately $197,000 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, 2020. If  Nassau
        County  elects to amortize this cost over a 10 year period, the cost for
        the first year would be approximately $26,000.
          These estimated costs above are based on 35 fire marshals employed  by
        Nassau County with a total estimated annual salary of approximately $4.4
        million for the fiscal year ending March 31, 2018.
          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, 2018  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2018
        Report of the  Actuary  and  the  2018  Comprehensive  Annual  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2015,
        2016, 2017 and 2018  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, 2018
        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  February  6,  2019,  and intended for use only
        during the  2019  Legislative  Session,  is  Fiscal  Note  No.  2019-43,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.
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