S T A T E   O F   N E W   Y O R K
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                                  5669

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 3, 2013
                               ___________

Introduced  by COMMITTEE ON RULES -- 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 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 605-d to read as follows:
  S  605-D.  ACCIDENTAL  DISABILITY  RETIREMENT FOR CHIEF FIRE MARSHALS,
ASSISTANT FIRE MARSHALS, DIVISION SUPERVISING FIRE MARSHALS, SUPERVISING
FIRE MARSHALS, FIRE MARSHALS AND FIRE MARSHAL TRAINEES IN NASSAU COUNTY.
A. A MEMBER EMPLOYED AS A CHIEF FIRE MARSHAL,  ASSISTANT  FIRE  MARSHAL,
DIVISION  SUPERVISING  FIRE  MARSHAL,  SUPERVISING  FIRE  MARSHAL,  FIRE
MARSHAL OR FIRE MARSHAL TRAINEE IN NASSAU COUNTY SHALL BE ENTITLED TO AN
ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE IF, AT THE  TIME  APPLICATION
THEREFOR IS FILED, SUCH MEMBER IS:
  1. PHYSICALLY OR MENTALLY INCAPACITATED FOR PERFORMANCE OF DUTY AS THE
NATURAL  AND  PROXIMATE  RESULT  OF  AN ACCIDENT, UNLESS THE CONTRARY BE
PROVED BY COMPETENT EVIDENCE, 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  SUBSE-
QUENT TO THE ACCIDENT, EITHER VOLUNTARILY OR INVOLUNTARILY, AND PROVIDED
THAT THE MEMBER MEETS THE REQUIREMENTS OF PARAGRAPH ONE OF THIS SUBDIVI-
SION,  APPLICATION MAY BE MADE NOT LATER THAN TWO YEARS AFTER THE MEMBER
IS FIRST DISCONTINUED FROM SERVICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10443-03-3
              

S. 5669                             2

  B. APPLICATION FOR AN ACCIDENTAL DISABILITY RETIREMENT  ALLOWANCE  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.
  C.  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 THE ACCIDENT, SETTING FORTH:
  (A) THE TIME WHEN AND THE PLACE WHERE SUCH ACCIDENT OCCURRED; AND
  (B) THE PARTICULARS THEREOF; AND
  (C) THE NATURE AND EXTENT OF THE MEMBER'S INJURIES; AND
  (D) HIS OR HER ALLEGED INCAPACITY.
  2. THE NOTICE HEREIN REQUIRED NEED NOT BE GIVEN:
  (A)  IF  THE NOTICE OF SUCH ACCIDENT 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 SUCH ACCIDENT; 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.
  D. IF THE COMPTROLLER DETERMINES THAT  THE  MEMBER  IS  PHYSICALLY  OR
MENTALLY  INCAPACITATED  FOR  THE  PERFORMANCE  OF  DUTY AND OUGHT TO BE
RETIRED FOR ACCIDENTAL DISABILITY, SUCH MEMBER SHALL BE SO RETIRED. SUCH
RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY THE COMPTROLLER.
  E. THE ANNUAL RETIREMENT ALLOWANCE PAYABLE UPON ACCIDENTAL  DISABILITY
RETIREMENT  SHALL  BE  A  PENSION  OF THREE-QUARTERS OF HIS OR HER FINAL
AVERAGE SALARY. THE PAYMENT OF SUCH PENSION  SHALL  BE  SUBJECT  TO  THE
PROVISIONS OF SECTION SIXTY-FOUR OF THIS CHAPTER.
  F.  IF  THE  MEMBER, AT THE TIME OF THE FILING OF AN APPLICATION UNDER
THE PROVISIONS OF SUBDIVISION B 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 ACCIDENTAL
DISABILITY RETIREMENT.
  G. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  THIS  SECTION  SHALL
APPLY  TO  CHIEF FIRE MARSHALS, ASSISTANT FIRE MARSHALS, DIVISION SUPER-
VISING FIRE MARSHALS, SUPERVISING FIRE MARSHALS, FIRE MARSHALS AND  FIRE
MARSHAL  TRAINEES IN NASSAU COUNTY WHO WERE HIRED ON OR AFTER JULY TWEN-
TY-SEVENTH, NINETEEN HUNDRED SEVENTY-SIX.
  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 Nassau County Tier 3, 4,  5  and  6  chief  fire
marshals,  assistant fire marshals, division supervising  fire marshals,
supervising fire marshals, fire marshals and fire marshal  trainees  and
accidental  disability for injuries sustained in the performance of duty
and the result of an accident, unless the contrary be proven  by  compe-
tent  evidence. The benefit for an accidental disability would be 75% of
final average salary less workers' compensation.

S. 5669                             3

  If this bill is enacted during the 2013  session,  there  will  be  an
estimated  increase of approximately $61,500 in the annual contributions
of Nassau County for the fiscal year ending March 31, 2014.
  These  estimated  costs  are based on fifty-two (52) members having an
annual salary for the fiscal year ending March 31, 2013 of approximately
$5.9 million.
  Summary of relevant resources:
  Data: March 31, 2012 Actuarial Year End  File  with  distributions  of
membership  and  other  statistics  displayed  in the 2012 Report of the
Actuary and 2012 Compensation Annual Financial Report.
  Assumptions and Methods: 2010, 2011 and  2012  Annual  Report  to  the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
  Market  Assets and GASB Disclosures: March 31, 2012 New York State and
Local Retirement System Financial Statements and Supplementary  Informa-
tion.
  Valuations  of Benefit Liabilities and Actuarial Assets: summarized in
the 2012 Actuarial Valuations report.
  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 14, 2013 and intended for use only during the
2013 Legislative Session, is Fiscal Note No. 2013-130, prepared  by  the
Actuary for the New York State and Local Employees' Retirement System.