senate Bill S6810

Signed by Governor

Relates to providing certain accidental disability retirement benefits for Nassau county ambulance medical technicians

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Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 12 / Mar / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 19 / May / 2014
    • 1ST REPORT CAL.792
  • 20 / May / 2014
    • 2ND REPORT CAL.
  • 21 / May / 2014
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2014
    • HOME RULE REQUEST
  • 12 / Jun / 2014
    • PASSED SENATE
  • 12 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 17 / Jun / 2014
    • SUBSTITUTED FOR A9051
  • 17 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.287
  • 17 / Jun / 2014
    • HOME RULE REQUEST
  • 17 / Jun / 2014
    • PASSED ASSEMBLY
  • 17 / Jun / 2014
    • RETURNED TO SENATE
  • 05 / Dec / 2014
    • DELIVERED TO GOVERNOR
  • 17 / Dec / 2014
    • SIGNED CHAP.522

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A9051
Versions:
S6810
Legislative Cycle:
2013-2014
Law Section:
Retirement and Social Security Law
Laws Affected:
Add ยง605-e, R & SS L

Sponsor Memo

BILL NUMBER:S6810

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.

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

                                  6810

                            I N  S E N A T E

                             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.

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