NY State Senate Bill 2015-S4987B

Senate Bill S4987B

2015-2016 Legislative Session

Relates to providing certain accidental disability retirement benefits for Nassau county fire marshals

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	recommitted to rules
Jun 14, 2016	ordered to third reading cal.1729 committee discharged and committed to rules
Feb 02, 2016	print number 4987b
Feb 02, 2016	amend and recommit to civil service and pensions
Jan 06, 2016	referred to civil service and pensions
Jun 03, 2015	print number 4987a
Jun 03, 2015	amend and recommit to civil service and pensions
Apr 27, 2015	referred to civil service and pensions

Votes

- Jun 14, 2016 - Rules Committee Vote
  S4987B
  
  22
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 14, 2016
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Krueger
      
      absent (1)
      
      Espaillat
      
      excused (1)
      
      Parker

Bill Amendments

Original

B (Active)

2015-S4987 - Details

See Assembly Version of this Bill:: A7113
Current Committee:: Senate Rules
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §607-i, R & SS L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5705, S8293, A7127, A10695
2019-2020: S3813, S7908, A5820, A9984
2021-2022: S3101, A6500

2015-S4987 - Summary

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.

2015-S4987 - Sponsor Memo

                                BILL NUMBER:S4987

TITLE OF BILL:  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

SUMMARY OF PROVISIONS: This legislation provides for a Y2 performance
of duty retirement for various fire marshal titles within Nassau
County who are injured in the line of duty.

JUSTIFICATION: Nassau County Fire Marshals provide services
countywide, including inspectional duties, Hazmat operations, the
investigation of suspicious fires, and the apprehension of arsonists
and other criminals. They are armed peace officers in New York State.

Though rare, it does happen that Nassau County Fire Marshals are
rendered seriously and permanently disabled due to injuries sustained
in the line of duty. While such instances occur infrequently, they are
nonetheless devastating to the Marshal involved, their spouses, and
their children.

Fire Marshals respond to and perform work at the scene of serious
fires and Hazmat situations. Responses to Hazmat incidents place the
Fire Marshals with materials that, by their nature, are extremely

dangerous. Incidents involving flammables, corrosives, explosives, and
deadly fumes can cause extremely serious injury and disability to
those responding to and abating these conditions. Further, the Fire
Marshals are trained to handle weapons of mass destruction, as well as
to deal with CBRNE response and mitigation. These threats involve
chemical and biological agents, radiological and nuclear issues, which
are all inherently dangerous.

Though the Marshals are well trained, the operations they perform are
by their nature very dangerous and can result in serious injury.
Additionally, in their investigation and apprehension role, Fire
Marshals are exposed to similar conditions as any other law
enforcement officer with arrest powers in our state. It should be
noted that Police Officers in Nassau County have a 50% disability
benefit.

This bill will provide appropriate protection for Nassau County Fire
Marshals and their families in the event of a serious on-the-job
disablement. It also will rectify the imbalance in protection that
currently exists between the Fire Marshals and other, similar law
enforcement officers.

FISCAL IMPLICATIONS: See the bill.

EFFECTIVE DATE: Immediately.

2015-S4987 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4987

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 27, 2015
                               ___________

Introduced  by  Sen. MARTINS -- 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:

  Section 1. The retirement and social security law is amended by adding
a new section 607-i to read as follows:
  S  607-I.  PERFORMANCE  OF  DUTY, DISABILITY RETIREMENT FOR CHIEF FIRE
MARSHALS, ASSISTANT  CHIEF  FIRE  MARSHALS,  DIVISION  SUPERVISING  FIRE
MARSHALS,  SUPERVISING  FIRE  MARSHALS,  FIRE  MARSHALS AND FIRE MARSHAL
TRAINEES IN NASSAU COUNTY. A.  THE COUNTY OF NASSAU SHALL MAKE THE BENE-
FITS PROVIDED HEREIN AVAILABLE TO CHIEF FIRE MARSHALS,  ASSISTANT  CHIEF
FIRE  MARSHALS,  DIVISION  SUPERVISING  FIRE  MARSHALS, SUPERVISING FIRE
MARSHALS, FIRE MARSHALS AND FIRE  MARSHAL  TRAINEES  IN  THE  EMPLOY  OF
NASSAU COUNTY.
  B. A MEMBER SHALL BE ENTITLED TO RETIREMENT FOR DISABILITY INCURRED IN
THE  PERFORMANCE  OF DUTY IF, AT THE TIME APPLICATION THEREFOR IS FILED,
HE OR SHE IS:
  1. PHYSICALLY OR MENTALLY INCAPACITATED FOR PERFORMANCE OF DUTY AS THE
NATURAL AND PROXIMATE RESULT OF A DISABILITY, NOT CAUSED BY HIS  OR  HER
OWN  WILLFUL  NEGLIGENCE  SUSTAINED IN SUCH SERVICE AND WHILE ACTUALLY A
MEMBER OF THE RETIREMENT SYSTEM; AND
  2. ACTUALLY IN SERVICE UPON WHICH HIS  OR  HER  MEMBERSHIP  IS  BASED.
HOWEVER,  IN  A CASE WHERE A MEMBER IS DISCONTINUED FROM SERVICE, EITHER
VOLUNTARILY OR INVOLUNTARILY, SUBSEQUENT TO SUSTAINING A  DISABILITY  IN
SUCH SERVICE, APPLICATION MAY BE MADE NOT LATER THAN TWO YEARS AFTER THE
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.
                                                           LBD10180-02-5

S. 4987                             2

MEETS THE REQUIREMENTS OF SUBDIVISION A OF THIS SECTION AND THIS  SUBDI-
VISION.
  C.  APPLICATION FOR A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOW-
ANCE FOR SUCH A MEMBER MAY BE MADE BY:
  1. SUCH MEMBER; OR
  2. THE HEAD OF THE DEPARTMENT IN WHICH SUCH MEMBER IS EMPLOYED; OR
  3. ANY PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER.
  D. 1. AFTER THE FILING OF SUCH AN APPLICATION, SUCH  MEMBER  SHALL  BE
GIVEN  ONE  OR  MORE  MEDICAL EXAMINATIONS. NO SUCH APPLICATION SHALL BE
APPROVED, HOWEVER, UNLESS THE MEMBER OR SOME OTHER PERSON ON HIS OR  HER
BEHALF  SHALL HAVE FILED WRITTEN NOTICE IN THE OFFICE OF THE COMPTROLLER
WITHIN NINETY DAYS AFTER SUCH OCCURRENCE WHICH  IS  THE  BASIS  FOR  THE
DISABILITY INCURRED IN THE PERFORMANCE OF DUTY, SETTING FORTH:
  (A) THE TIME AND THE PLACE OF SUCH OCCURRENCE; AND
  (B) THE PARTICULARS THEREOF; AND
  (C) THE NATURE AND EXTENT OF THE MEMBER'S INJURIES; AND
  (D) HIS OR HER ALLEGED DISABILITY.
  2. THE NOTICE HEREIN REQUIRED NEED NOT BE GIVEN:
  (A) IF THE NOTICE OF SUCH OCCURRENCE SHALL BE FILED IN ACCORDANCE WITH
THE  PROVISIONS  OF  THE  WORKERS'  COMPENSATION LAW OF ANY STATE WITHIN
WHICH A PARTICIPATING EMPLOYER IN NASSAU COUNTY SHALL HAVE ITS EMPLOYEES
LOCATED OR PERFORMING FUNCTIONS AND DUTIES WITHIN THE  NORMAL  SCOPE  OF
THEIR EMPLOYMENT; OR
  (B)  IF  THE APPLICATION FOR ACCIDENTAL DISABILITY RETIREMENT IS FILED
WITHIN ONE YEAR AFTER THE DATE OF THE OCCURRENCE WHICH FORMS  THE  BASIS
FOR THE APPLICATION; OR
  (C)  IF A FAILURE TO FILE NOTICE HAS BEEN EXCUSED FOR GOOD CAUSE SHOWN
AS PROVIDED BY RULES AND REGULATIONS PROMULGATED BY THE COMPTROLLER.
  E. IF THE COMPTROLLER DETERMINES THAT  THE  MEMBER  IS  PHYSICALLY  OR
MENTALLY  INCAPACITATED FOR THE PERFORMANCE OF DUTY PURSUANT TO SUBDIVI-
SION B OF THIS SECTION AND OUGHT TO BE RETIRED, SUCH MEMBER SHALL BE  SO
RETIRED. SUCH RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY THE
COMPTROLLER.
  F.  THE  ANNUAL RETIREMENT ALLOWANCE PAYABLE UPON RETIREMENT FOR DISA-
BILITY INCURRED IN THE  PERFORMANCE  OF  DUTY  SHALL  BE  A  PENSION  OF
ONE-HALF  OF HIS OR HER FINAL AVERAGE SALARY PLUS AN ANNUITY WHICH SHALL
BE THE ACTUARIAL EQUIVALENT OF THE MEMBER'S  ACCUMULATED  CONTRIBUTIONS,
IF ANY.
  G.  IF  THE  MEMBER, AT THE TIME OF THE FILING OF AN APPLICATION UNDER
THE PROVISIONS OF SUBDIVISION C OF  THIS  SECTION,  IS  ELIGIBLE  FOR  A
SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, HE OR SHE MAY SIMUL-
TANEOUSLY  FILE AN APPLICATION FOR SERVICE RETIREMENT IN ACCORDANCE WITH
THE PROVISIONS OF SECTION SEVENTY OF THIS  CHAPTER,  PROVIDED  THAT  THE
MEMBER  INDICATES  ON  THE  APPLICATION FOR SERVICE RETIREMENT THAT SUCH
APPLICATION IS FILED  WITHOUT  PREJUDICE  TO  THE  APPLICATION  FOR  THE
RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE OF DUTY.
  H.  ANY BENEFIT PROVIDED PURSUANT TO THIS SECTION SHALL NOT BE CONSID-
ERED AS AN ACCIDENTAL DISABILITY BENEFIT WITHIN THE MEANING  OF  SECTION
SIXTY-THREE OR SIXTY-FOUR OF THIS CHAPTER.
  I.  ANY BENEFIT PAYABLE PURSUANT TO THE WORKERS' COMPENSATION LAW TO A
MEMBER RECEIVING A DISABILITY ALLOWANCE PURSUANT TO THIS  SECTION  SHALL
BE IN ADDITION TO SUCH RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE
OF DUTY ALLOWANCE.
  J.  A  FINAL  DETERMINATION  OF THE COMPTROLLER THAT THE MEMBER IS NOT
ENTITLED TO RETIREMENT BENEFITS PURSUANT TO THIS SECTION  SHALL  NOT  IN
ANY  RESPECT  BE, OR CONSTITUTE, A DETERMINATION WITH REGARD TO BENEFITS

S. 4987                             3

PAYABLE PURSUANT TO SECTION TWO HUNDRED SEVEN-A OF THE GENERAL MUNICIPAL
LAW.
  K.  NOTHING IN THIS SECTION SHALL BE DEEMED TO PRECLUDE THE SIMULTANE-
OUS FILING OF AN APPLICATION FOR BENEFITS PURSUANT TO ANY OTHER  SECTION
OF  LAW  NOR  THE  CONSIDERATION  OF  SUCH APPLICATION BY THE RETIREMENT
SYSTEM, INCLUDING AN ACCIDENTAL DISABILITY BENEFIT PURSUANT  TO  SECTION
SIX HUNDRED FIVE-D OF THIS CHAPTER.
  S 2. All costs associated with implementing the provisions of this act
shall be borne by Nassau county.
  S 3. 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 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 2015 session, there will be an
estimated increase of approximately $33,000 in the annual  contributions
of Nassau County for the fiscal year ending March 31, 2015.
  In addition to the annual contributions discussed above, there will be
an  immediate past service cost of approximately $221,000 which would 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, 2016.
  These  estimated costs above are based on 45 fire marshals employed by
Nassau County with a total estimated annual salary of approximately $4.8
million for the fiscal year ending March 31, 2014.
  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, 2014 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2014
Report  of  the  Actuary  and  the  2014  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in the  2010,
2011,  2012, 2013 and 2014 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, 2014
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 2, 2015, and intended for use  only  during
the  2015  Legislative  Session, is Fiscal Note No. 2015-76, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.

2015-S4987A - Details

See Assembly Version of this Bill:: A7113
Current Committee:: Senate Rules
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §607-i, R & SS L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5705, S8293, A7127, A10695
2019-2020: S3813, S7908, A5820, A9984
2021-2022: S3101, A6500

2015-S4987A - Summary

2015-S4987A - Sponsor Memo

                                BILL NUMBER:S4987A

TITLE OF BILL:  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

SUMMARY OF PROVISIONS:  This legislation provides for a Y2 performance
of duty retirement for various fire marshal titles within Nassau
County who are injured in the line of duty.

JUSTIFICATION:  Nassau County Fire Marshals provide services
countywide, including inspectional duties, Hazmat operations, the
investigation of suspicious fires, and the apprehension of arsonists
and other criminals. They are armed peace officers in New York State.

Though rare, it does happen that Nassau County Fire Marshals are
rendered seriously and permanently disabled due to injuries sustained
in the line of duty. While such instances occur infrequently, they are
nonetheless devastating to the Marshal involved, their spouses, and
their children.

Fire Marshals respond to and perform work at the scene of serious
fires and Hazmat situations. Responses to Hazmat incidents place the
Fire Marshals with materials that, by their nature, are extremely

dangerous. Incidents involving flammables, corrosives, explosives, and
deadly fumes can cause extremely serious injury and disability to
those responding to and abating these conditions. Further, the Fire
Marshals are trained to handle weapons of mass destruction, as well as
to deal with CBRNE response and mitigation. These threats involve
chemical and biological agents, radiological and nuclear issues, which
are all inherently dangerous.

Though the Marshals are well trained, the operations they perform are
by their nature very dangerous and can result in serious injury.
Additionally, in their investigation and apprehension role, Fire
Marshals are exposed to similar conditions as any other law
enforcement officer with arrest powers in our state. It should be
noted that Police Officers in Nassau County have a 50% disability
benefit.

This bill will provide appropriate protection for Nassau County Fire
Marshals and their families in the event of a serious on-the-job
disablement. It also will rectify the imbalance in protection that
currently exists between the Fire Marshals and other, similar law
enforcement officers.

FISCAL IMPLICATIONS: See fiscal note.

EFFECTIVE DATE: Immediately.

2015-S4987A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4987--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 27, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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:

  Section 1. The retirement and social security law is amended by adding
a new section 607-i to read as follows:
  S 607-I. PERFORMANCE OF DUTY, DISABILITY  RETIREMENT  FOR  CHIEF  FIRE
MARSHALS,  ASSISTANT  CHIEF  FIRE  MARSHALS,  DIVISION  SUPERVISING FIRE
MARSHALS, SUPERVISING FIRE MARSHALS,  FIRE  MARSHALS  AND  FIRE  MARSHAL
TRAINEES IN NASSAU COUNTY. A.  THE COUNTY OF NASSAU SHALL MAKE THE BENE-
FITS  PROVIDED  HEREIN AVAILABLE TO CHIEF FIRE MARSHALS, ASSISTANT CHIEF
FIRE MARSHALS, DIVISION  SUPERVISING  FIRE  MARSHALS,  SUPERVISING  FIRE
MARSHALS,  FIRE  MARSHALS  AND  FIRE  MARSHAL  TRAINEES IN THE EMPLOY OF
NASSAU COUNTY.
  B. A MEMBER SHALL BE ENTITLED TO RETIREMENT FOR DISABILITY INCURRED IN
THE PERFORMANCE OF DUTY IF, AT THE TIME APPLICATION THEREFOR  IS  FILED,
HE OR SHE IS:
  1. PHYSICALLY OR MENTALLY INCAPACITATED FOR PERFORMANCE OF DUTY AS THE
NATURAL  AND  PROXIMATE RESULT OF A DISABILITY, NOT CAUSED BY HIS OR HER
OWN WILLFUL NEGLIGENCE SUSTAINED IN SUCH SERVICE AND  WHILE  ACTUALLY  A
MEMBER OF THE RETIREMENT SYSTEM; AND
  2.  ACTUALLY  IN  SERVICE  UPON  WHICH HIS OR HER MEMBERSHIP IS BASED.
HOWEVER, IN A CASE WHERE A MEMBER IS DISCONTINUED FROM  SERVICE,  EITHER
VOLUNTARILY  OR  INVOLUNTARILY, SUBSEQUENT TO SUSTAINING A DISABILITY IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10180-06-5

S. 4987--A                          2

SUCH SERVICE, APPLICATION MAY BE MADE NOT LATER THAN TWO YEARS AFTER THE
MEMBER IS FIRST DISCONTINUED FROM SERVICE; AND PROVIDED THAT THE  MEMBER
MEETS  THE REQUIREMENTS OF SUBDIVISION A OF THIS SECTION AND THIS SUBDI-
VISION.
  C.  APPLICATION FOR A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOW-
ANCE FOR SUCH A MEMBER MAY BE MADE BY:
  1. SUCH MEMBER; OR
  2. THE HEAD OF THE DEPARTMENT IN WHICH SUCH MEMBER IS EMPLOYED; OR
  3. ANY PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER.
  D. 1. AFTER THE FILING OF SUCH AN APPLICATION, SUCH  MEMBER  SHALL  BE
GIVEN  ONE  OR  MORE  MEDICAL EXAMINATIONS. NO SUCH APPLICATION SHALL BE
APPROVED, HOWEVER, UNLESS THE MEMBER OR SOME OTHER PERSON ON HIS OR  HER
BEHALF  SHALL HAVE FILED WRITTEN NOTICE IN THE OFFICE OF THE COMPTROLLER
WITHIN NINETY DAYS AFTER SUCH OCCURRENCE WHICH  IS  THE  BASIS  FOR  THE
DISABILITY INCURRED IN THE PERFORMANCE OF DUTY, SETTING FORTH:
  (A) THE TIME AND THE PLACE OF SUCH OCCURRENCE; AND
  (B) THE PARTICULARS THEREOF; AND
  (C) THE NATURE AND EXTENT OF THE MEMBER'S INJURIES; AND
  (D) HIS OR HER ALLEGED DISABILITY.
  2. THE NOTICE HEREIN REQUIRED NEED NOT BE GIVEN:
  (A) IF THE NOTICE OF SUCH OCCURRENCE SHALL BE FILED IN ACCORDANCE WITH
THE  PROVISIONS  OF  THE  WORKERS'  COMPENSATION LAW OF ANY STATE WITHIN
WHICH A PARTICIPATING EMPLOYER IN NASSAU COUNTY SHALL HAVE ITS EMPLOYEES
LOCATED OR PERFORMING FUNCTIONS AND DUTIES WITHIN THE  NORMAL  SCOPE  OF
THEIR EMPLOYMENT; OR
  (B)  IF  THE APPLICATION FOR PERFORMANCE OF DUTY DISABILITY RETIREMENT
IS FILED WITHIN ONE YEAR AFTER THE DATE OF THE  OCCURRENCE  WHICH  FORMS
THE BASIS FOR THE APPLICATION; OR
  (C)  IF A FAILURE TO FILE NOTICE HAS BEEN EXCUSED FOR GOOD CAUSE SHOWN
AS PROVIDED BY RULES AND REGULATIONS PROMULGATED BY THE COMPTROLLER.
  E. IF THE COMPTROLLER DETERMINES THAT  THE  MEMBER  IS  PHYSICALLY  OR
MENTALLY  INCAPACITATED FOR THE PERFORMANCE OF DUTY PURSUANT TO SUBDIVI-
SION B OF THIS SECTION AND OUGHT TO BE RETIRED, SUCH MEMBER SHALL BE  SO
RETIRED. SUCH RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY THE
COMPTROLLER.
  F.  THE  ANNUAL RETIREMENT ALLOWANCE PAYABLE UPON RETIREMENT FOR DISA-
BILITY INCURRED IN THE  PERFORMANCE  OF  DUTY  SHALL  BE  A  PENSION  OF
ONE-HALF  OF HIS OR HER FINAL AVERAGE SALARY PLUS AN ANNUITY WHICH SHALL
BE THE ACTUARIAL EQUIVALENT OF THE MEMBER'S  ACCUMULATED  CONTRIBUTIONS,
IF ANY.
  G.  IF  THE  MEMBER, AT THE TIME OF THE FILING OF AN APPLICATION UNDER
THE PROVISIONS OF SUBDIVISION C OF  THIS  SECTION,  IS  ELIGIBLE  FOR  A
SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, HE OR SHE MAY SIMUL-
TANEOUSLY  FILE AN APPLICATION FOR SERVICE RETIREMENT IN ACCORDANCE WITH
THE PROVISIONS OF SECTION SEVENTY OF THIS  CHAPTER,  PROVIDED  THAT  THE
MEMBER  INDICATES  ON  THE  APPLICATION FOR SERVICE RETIREMENT THAT SUCH
APPLICATION IS FILED  WITHOUT  PREJUDICE  TO  THE  APPLICATION  FOR  THE
RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE OF DUTY.
  H.  ANY BENEFIT PROVIDED PURSUANT TO THIS SECTION SHALL NOT BE CONSID-
ERED AS AN ACCIDENTAL DISABILITY BENEFIT WITHIN THE MEANING  OF  SECTION
SIXTY-FOUR OF THIS CHAPTER.
  I.  ANY BENEFIT PAYABLE PURSUANT TO THE WORKERS' COMPENSATION LAW TO A
MEMBER RECEIVING A DISABILITY ALLOWANCE PURSUANT TO THIS  SECTION  SHALL
BE IN ADDITION TO SUCH RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE
OF DUTY ALLOWANCE.

S. 4987--A                          3

  J.  A  FINAL  DETERMINATION  OF THE COMPTROLLER THAT THE MEMBER IS NOT
ENTITLED TO RETIREMENT BENEFITS PURSUANT TO THIS SECTION  SHALL  NOT  IN
ANY  RESPECT  BE, OR CONSTITUTE, A DETERMINATION WITH REGARD TO BENEFITS
PAYABLE PURSUANT TO SECTION TWO HUNDRED SEVEN-A OF THE GENERAL MUNICIPAL
LAW.
  S 2. All costs associated with implementing the provisions of this act
shall be borne by Nassau county.
  S  3.  All  past  service  costs  incurred  due  to  implementing  the
provisions of this act will be borne by Nassau County, and may be  amor-
tized over a 15 year period.
  S 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 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 2015 session, there will be an
estimated increase of approximately $33,000 in the annual  contributions
of Nassau County for the fiscal year ending March 31, 2015.
  In addition to the annual contributions discussed above, there will be
an  immediate past service cost of $221,000 which may 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, 2016. If Nassau County elects
to amortize this cost over a 15 year period, the cost for the first year
would be $23,300.
  These estimated costs above are based on 45 fire marshals employed  by
Nassau County with a total estimated annual salary of approximately $4.8
million for the fiscal year ending March 31, 2014.
  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, 2014  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2014
Report of the  Actuary  and  the  2014  Comprehensive  Annual  Financial
Report.
  The  actuarial assumptions and methods used are described in the 2010,
2011, 2012, 2013 and 2014 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, 2014
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  May 28, 2015, and intended for use only during
the 2015 Legislative Session, is Fiscal Note No. 2015-119,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.

2015-S4987B (ACTIVE) - Details

See Assembly Version of this Bill:: A7113
Current Committee:: Senate Rules
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §607-i, R & SS L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5705, S8293, A7127, A10695
2019-2020: S3813, S7908, A5820, A9984
2021-2022: S3101, A6500

2015-S4987B (ACTIVE) - Summary

2015-S4987B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4987B

 TITLE OF BILL :

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

 SUMMARY OF PROVISIONS :

This legislation provides for a Y2 performance of duty retirement for
various fire marshal titles within Nassau County who are injured in
the line of duty.

 JUSTIFICATION :

Nassau County Fire Marshals provide services countywide, including
inspectional duties, Hazmat operations, the investigation of
suspicious fires, and the apprehension of arsonists and other
criminals. They are armed peace officers in New York State.

Though rare, it does happen that Nassau County Fire Marshals are
rendered seriously and permanently disabled due to injuries sustained
in the line of duty. While such instances occur infrequently, they are

nonetheless devastating to the Marshal involved, their spouses, and
their children.

Fire Marshals respond to and perform work at the scene of serious
fires and Hazmat situations. Responses to Hazmat incidents place the
Fire Marshals with materials that, by their nature, are extremely
dangerous. Incidents involving flammables, corrosives, explosives, and
deadly fumes can cause extremely serious injury and disability to
those responding to and abating these conditions. Further, the Fire
Marshals are trained to handle weapons of mass destruction, as well as
to deal with CBRNE response and mitigation. These threats involve
chemical and biological agents, radiological and nuclear issues, which
are all inherently dangerous.

Though the Marshals are well trained, the operations they perform are
by their nature very dangerous and can result in serious injury.
Additionally, in their investigation and apprehension role, Fire
Marshals are exposed to similar conditions as any other law
enforcement officer with arrest powers in our state. It should be
noted that Police Officers in Nassau County have a 50% disability
benefit.

This bill will provide appropriate protection for Nassau County Fire
Marshals and their families in the event of a serious on-the-job
disablement. It also will rectify the imbalance in protection that
currently exists between the Fire Marshals and other, similar law
enforcement officers.

 FISCAL IMPLICATIONS :

See fiscal note.

 EFFECTIVE DATE :
Immediately.

2015-S4987B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4987--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 27, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to said committee -- recommitted to the Committee on
  Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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:

  Section 1. The retirement and social security law is amended by adding
a new section 607-i to read as follows:
  S 607-I. PERFORMANCE OF DUTY, DISABILITY  RETIREMENT  FOR  CHIEF  FIRE
MARSHALS,  ASSISTANT  CHIEF  FIRE  MARSHALS,  DIVISION  SUPERVISING FIRE
MARSHALS, SUPERVISING FIRE MARSHALS,  FIRE  MARSHALS  AND  FIRE  MARSHAL
TRAINEES IN NASSAU COUNTY. A.  THE COUNTY OF NASSAU SHALL MAKE THE BENE-
FITS  PROVIDED  HEREIN AVAILABLE TO CHIEF FIRE MARSHALS, ASSISTANT CHIEF
FIRE MARSHALS, DIVISION  SUPERVISING  FIRE  MARSHALS,  SUPERVISING  FIRE
MARSHALS,  FIRE  MARSHALS  AND  FIRE  MARSHAL  TRAINEES IN THE EMPLOY OF
NASSAU COUNTY.
  B. A MEMBER SHALL BE ENTITLED TO RETIREMENT FOR DISABILITY INCURRED IN
THE PERFORMANCE OF DUTY IF, AT THE TIME APPLICATION THEREFOR  IS  FILED,
HE OR SHE IS:
  1. PHYSICALLY OR MENTALLY INCAPACITATED FOR PERFORMANCE OF DUTY AS THE
NATURAL  AND  PROXIMATE RESULT OF A DISABILITY, NOT CAUSED BY HIS OR HER
OWN WILLFUL NEGLIGENCE SUSTAINED IN SUCH SERVICE AND  WHILE  ACTUALLY  A
MEMBER OF THE RETIREMENT SYSTEM; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10180-08-6

S. 4987--B                          2

  2.  ACTUALLY  IN  SERVICE  UPON  WHICH HIS OR HER MEMBERSHIP IS BASED.
HOWEVER, IN A CASE WHERE A MEMBER IS DISCONTINUED FROM  SERVICE,  EITHER
VOLUNTARILY  OR  INVOLUNTARILY, SUBSEQUENT TO SUSTAINING A DISABILITY IN
SUCH SERVICE, APPLICATION MAY BE MADE NOT LATER THAN TWO YEARS AFTER THE
MEMBER  IS FIRST DISCONTINUED FROM SERVICE; AND PROVIDED THAT THE MEMBER
MEETS THE REQUIREMENTS OF SUBDIVISION A OF THIS SECTION AND THIS  SUBDI-
VISION.
  C.  APPLICATION FOR A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOW-
ANCE FOR SUCH A MEMBER MAY BE MADE BY:
  1. SUCH MEMBER; OR
  2. THE HEAD OF THE DEPARTMENT IN WHICH SUCH MEMBER IS EMPLOYED; OR
  3. ANY PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER.
  D. 1. AFTER THE FILING OF SUCH AN APPLICATION, SUCH  MEMBER  SHALL  BE
GIVEN  ONE  OR  MORE  MEDICAL EXAMINATIONS. NO SUCH APPLICATION SHALL BE
APPROVED, HOWEVER, UNLESS THE MEMBER OR SOME OTHER PERSON ON HIS OR  HER
BEHALF  SHALL HAVE FILED WRITTEN NOTICE IN THE OFFICE OF THE COMPTROLLER
WITHIN NINETY DAYS AFTER SUCH OCCURRENCE WHICH  IS  THE  BASIS  FOR  THE
DISABILITY INCURRED IN THE PERFORMANCE OF DUTY, SETTING FORTH:
  (A) THE TIME AND THE PLACE OF SUCH OCCURRENCE; AND
  (B) THE PARTICULARS THEREOF; AND
  (C) THE NATURE AND EXTENT OF THE MEMBER'S INJURIES; AND
  (D) HIS OR HER ALLEGED DISABILITY.
  2. THE NOTICE HEREIN REQUIRED NEED NOT BE GIVEN:
  (A) IF THE NOTICE OF SUCH OCCURRENCE SHALL BE FILED IN ACCORDANCE WITH
THE  PROVISIONS  OF  THE  WORKERS'  COMPENSATION LAW OF ANY STATE WITHIN
WHICH A PARTICIPATING EMPLOYER IN NASSAU COUNTY SHALL HAVE ITS EMPLOYEES
LOCATED OR PERFORMING FUNCTIONS AND DUTIES WITHIN THE  NORMAL  SCOPE  OF
THEIR EMPLOYMENT; OR
  (B)  IF  THE APPLICATION FOR PERFORMANCE OF DUTY DISABILITY RETIREMENT
IS FILED WITHIN ONE YEAR AFTER THE DATE OF THE  OCCURRENCE  WHICH  FORMS
THE BASIS FOR THE APPLICATION; OR
  (C)  IF A FAILURE TO FILE NOTICE HAS BEEN EXCUSED FOR GOOD CAUSE SHOWN
AS PROVIDED BY RULES AND REGULATIONS PROMULGATED BY THE COMPTROLLER.
  E. IF THE COMPTROLLER DETERMINES THAT  THE  MEMBER  IS  PHYSICALLY  OR
MENTALLY  INCAPACITATED FOR THE PERFORMANCE OF DUTY PURSUANT TO SUBDIVI-
SION B OF THIS SECTION AND OUGHT TO BE RETIRED, SUCH MEMBER SHALL BE  SO
RETIRED. SUCH RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY THE
COMPTROLLER.
  F.  THE  ANNUAL RETIREMENT ALLOWANCE PAYABLE UPON RETIREMENT FOR DISA-
BILITY INCURRED IN THE  PERFORMANCE  OF  DUTY  SHALL  BE  A  PENSION  OF
ONE-HALF  OF HIS OR HER FINAL AVERAGE SALARY PLUS AN ANNUITY WHICH SHALL
BE THE ACTUARIAL EQUIVALENT OF THE MEMBER'S  ACCUMULATED  CONTRIBUTIONS,
IF ANY.
  G.  IF  THE  MEMBER, AT THE TIME OF THE FILING OF AN APPLICATION UNDER
THE PROVISIONS OF SUBDIVISION C OF  THIS  SECTION,  IS  ELIGIBLE  FOR  A
SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, HE OR SHE MAY SIMUL-
TANEOUSLY  FILE AN APPLICATION FOR SERVICE RETIREMENT IN ACCORDANCE WITH
THE PROVISIONS OF SECTION SEVENTY OF THIS  CHAPTER,  PROVIDED  THAT  THE
MEMBER  INDICATES  ON  THE  APPLICATION FOR SERVICE RETIREMENT THAT SUCH
APPLICATION IS FILED  WITHOUT  PREJUDICE  TO  THE  APPLICATION  FOR  THE
RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE OF DUTY.
  H.  ANY BENEFIT PROVIDED PURSUANT TO THIS SECTION SHALL NOT BE CONSID-
ERED AS AN ACCIDENTAL DISABILITY BENEFIT WITHIN THE MEANING  OF  SECTION
SIXTY-FOUR OF THIS CHAPTER.
  I.  ANY BENEFIT PAYABLE PURSUANT TO THE WORKERS' COMPENSATION LAW TO A
MEMBER RECEIVING A DISABILITY ALLOWANCE PURSUANT TO THIS  SECTION  SHALL

S. 4987--B                          3

BE IN ADDITION TO SUCH RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE
OF DUTY ALLOWANCE.
  J.  A  FINAL  DETERMINATION  OF THE COMPTROLLER THAT THE MEMBER IS NOT
ENTITLED TO RETIREMENT BENEFITS PURSUANT TO THIS SECTION  SHALL  NOT  IN
ANY  RESPECT  BE, OR CONSTITUTE, A DETERMINATION WITH REGARD TO BENEFITS
PAYABLE PURSUANT TO SECTION TWO HUNDRED SEVEN-A OF THE GENERAL MUNICIPAL
LAW.
  S 2. All costs associated with implementing the provisions of this act
shall be borne by Nassau county.
  S  3.  All  past  service  costs  incurred  due  to  implementing  the
provisions  of this act will be borne by Nassau County, and may be amor-
tized over a 15 year period.
  S 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  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 2016  session,  there  will  be  an
estimated  increase of approximately $33,000 in the annual contributions
of Nassau County for the fiscal year ending March 31, 2017.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $204,000 which would  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, 2017. If  Nassau
County  elects to amortize this cost over a 15 year period, the cost for
the first year would be $21,000.
  These estimated costs above are based on 45 fire marshals employed  by
Nassau  Count with a total estimated annual salary of approximately $4.8
million for the fiscal year ending March 31, 2015.
  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, 2015 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2015
Report  of  the  Actuary  and  the  2015  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in  the  2015
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, 2015
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 December 15, 2015,  and  intended  for  use  only
during the 2016 Legislative Session, is Fiscal Note No. 2016-3, prepared
by the Actuary for the New York State and Local Retirement System.

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