Provides accidental disability retirement benefits equal to three-quarters of the final average salary for ambulance medical technicians, ambulance medical technician supervisors and ambulance medical technician coordinators in Nassau county.
Ayes (56): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Libous
Excused (4): Espaillat, Hassell-Thomps, Kennedy, Smith
TITLE OF BILL: An act to amend the retirement and social security law, in relation to providing accidental disability retirement benefits for ambulance medical technician supervisors, ambulance medical technician coordinators and ambulance medical technicians in Nassau county
PURPOSE: This bill would allow disability benefits for Nassau County Ambulance Medical Technicians.
SUMMARY OF PROVISIONS: This bill adds a new subdivision to section 605-e of the retirement and social security law
JUSTIFICATION: Nassau County Police Medics serve their community countywide, providing the highest possible quality in pre-hospital advanced life support emergency medical service care. Though rare, it does happen that Nassau County Police Medics 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 Medic involved, their spouses, and their children.
Police Medics respond to and perform work in varying types of situations, from the scenes of basic medical assistance calls to truly life threatening emergencies. They respond to calls in all types of places via ambulance. They perform their duties on active highways, at fire scenes, at the scenes of collapsed buildings, railroad incidents, and active crime scenes. They also operate as Tactical Medics with the Nassau County Police Department Bureau of Special Operations. Further, they sometimes operate as Hazardous Materials Decontamination Technicians.
Though the Medics are well trained, they sometimes encounter the dangerous environments described above, as well as dangerous, violent individuals. They are not armed on the job. Their duties as Hazardous Materials Decontamination Technicians and Tactical Medics are by their nature very dangerous and can result in serious injury. It should be noted that Emergency Medical Technicians in the adjacent City of New York have a 75% disability benefit.
This bill will provide appropriate protection for Nassau County Police Medics and their families in the event of a serious on-the-job disablement. It will also rectify the imbalance in protection that currently exists between the Medics and other, similar first responders.
LEGISLATIVE HISTORY: New Bill
FISCAL IMPLICATIONS: See the bill.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6810 IN SENATE March 12, 2014 ___________Introduced by Sens. MARTINS, GOLDEN, MARCELLINO -- 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 ambulance medical technician supervisors, ambulance medical technician coordina- tors and ambulance medical technicians 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-e to read as follows: S 605-E. ACCIDENTAL DISABILITY RETIREMENT FOR AMBULANCE MEDICAL TECH- NICIAN SUPERVISORS, AMBULANCE MEDICAL TECHNICIAN COORDINATORS AND AMBU- LANCE MEDICAL TECHNICIANS IN NASSAU COUNTY. A. A MEMBER EMPLOYED AS A AMBULANCE MEDICAL TECHNICIAN SUPERVISOR, AMBULANCE MEDICAL TECHNICIAN COORDINATOR AND AMBULANCE MEDICAL TECHNICIAN 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. 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13881-02-4 S. 6810 2
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 AMBULANCE MEDICAL TECHNICIAN SUPERVISORS, AMBULANCE MEDICAL TECHNICIAN COORDINATORS AND AMBULANCE MEDICAL TECHNICIANS IN NASSAU COUNTY WHO WERE HIRED ON OR AFTER JULY TWENTY-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 ambulance medical technician supervisors, ambulance medical technician coordina- tors and ambulance medical technicians an accidental disability for injuries sustained in the performance of duty and the result of an acci- dent, unless the contrary be proven by competent evidence. The benefit for an accidental disability would be 75% of final average salary less worker's compensation. If this bill is enacted during the 2014 session, there will be an estimated increase of approximately $170,000 in the annual contributions of Nassau County for the fiscal year ending March 31, 2015. These estimated costs are based on 177 members having an annual salary for the fiscal year ending March 31, 2013 of approximately $16 million.S. 6810 3 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, 2013 actuarial valu- ation. Distributions and other statistics can be found in the 2013 Report of the Actuary and the 2013 Comprehensive Annual Financial Report. The actuarial assumptions and methods used are described in the 2010, 2011, 2012 and 2013 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, 2013 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 February 27, 2014, and intended for use only during the 2014 Legislative Session, is Fiscal Note No. 2014-85, prepared by the Actuary for the New York State and Local Employees' Retirement System.