S T A T E   O F   N E W   Y O R K
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                                  5686

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 27, 2009
                               ___________

Introduced  by  Sen. BRESLIN -- 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 a
  twenty-five  year  optional  retirement  plan  for  emergency  medical
  services  providers  employed  by the town of Colonie and to amend the
  retirement and social security law and the general municipal  law,  in
  relation to disability benefits

  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 89-x to read as follows:
  S 89-X. RETIREMENT OF EMERGENCY MEDICAL SERVICES PROVIDERS EMPLOYED BY
THE TOWN OF COLONIE. A. A MEMBER EMPLOYED BY THE TOWN OF  COLONIE  IN  A
FULL-TIME  POSITION WHICH REQUIRES CERTIFICATION AS AN EMERGENCY MEDICAL
TECHNICIAN, ADVANCED EMERGENCY MEDICAL TECHNICIAN, OR  PARAMEDIC,  SHALL
BE  ELIGIBLE  TO  RETIRE  PURSUANT TO THE PROVISIONS OF THIS SECTION, IF
SUCH MEMBER FILES A TIMELY ELECTION WITH  THE  COMPTROLLER,  ON  A  FORM
PROVIDED  BY  THE  COMPTROLLER  FOR  SUCH PURPOSE, TO BE COVERED BY THIS
SECTION. TO BE EFFECTIVE, SUCH FORM MUST BE FILED WITHIN ONE YEAR  AFTER
THIS SECTION SHALL BECOME LAW, OR WITHIN ONE YEAR FOLLOWING THE INDIVID-
UAL'S  COMMENCEMENT  OF  ELIGIBLE  EMPLOYMENT  WITH THE TOWN OF COLONIE,
WHICHEVER IS LATER. THE BENEFITS HEREINABOVE PROVIDED SHALL  BE  PAYABLE
TO  A MEMBER, UNLESS AT THE DATE OF RETIREMENT, SUCH MEMBER WOULD OTHER-
WISE BE ENTITLED TO A GREATER BENEFIT UNDER  OTHER  PROVISIONS  OF  THIS
ARTICLE  HAD  HE OR SHE WITHDRAWN FROM THIS SECTION, IN WHICH EVENT SUCH
GREATER BENEFITS SHALL BE PAYABLE.
  B. SUCH MEMBERS SHALL BE ENTITLED TO RETIRE  UPON  THE  COMPLETION  OF
TWENTY-FIVE  YEARS  OF TOTAL CREDITABLE SERVICE BY FILING AN APPLICATION
THEREFOR IN THE MANNER PROVIDED FOR IN SECTION SEVENTY OF THIS ARTICLE.
  C. UPON COMPLETION OF TWENTY-FIVE YEARS  OF  SUCH  SERVICES  AND  UPON
RETIREMENT,  EACH  SUCH  MEMBER  SHALL RECEIVE A PENSION WHICH, TOGETHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11687-02-9
              

S. 5686                             2

WITH AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF  HIS  OR  HER
ACCUMULATED  CONTRIBUTIONS  AT  THE TIME OF HIS OR HER RETIREMENT AND AN
ADDITIONAL  PENSION  WHICH  IS   THE   ACTUARIAL   EQUIVALENT   OF   THE
RESERVED-FOR-INCREASED-TAKE-HOME-PAY  TO  WHICH  HE  OR  SHE MAY THEN BE
ENTITLED SHALL BE SUFFICIENT TO PROVIDE HIM OR  HER  WITH  A  RETIREMENT
ALLOWANCE EQUAL TO ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY.
  D.  AS USED IN THIS SECTION "CREDITABLE SERVICE" SHALL INCLUDE ANY AND
ALL SERVICES PERFORMED IN A FULL-TIME POSITION  WHICH  REQUIRES  CERTIF-
ICATION  AS  AN EMERGENCY MEDICAL TECHNICIAN, ADVANCED EMERGENCY MEDICAL
TECHNICIAN, OR PARAMEDIC, WITH THE TOWN OF COLONIE.
  E. AS USED IN THIS SECTION "FULL-TIME POSITION" SHALL MEAN  AN  ANNUAL
SALARIED  POSITION  WITH A REGULAR FIXED SCHEDULE OF TWO THOUSAND EIGHTY
HOURS, EXCLUSIVE OF OVERTIME, ANNUALLY.
  F. AS USED IN THIS SECTION "PART-TIME POSITION" SHALL MEAN  AN  HOURLY
PAID  POSITION WITH A VARIABLE SCHEDULE OF LESS THAN TWO THOUSAND EIGHTY
HOURS, EXCLUSIVE OF OVERTIME, ANNUALLY.
  G. CREDIT FOR  SERVICE  AS  A  FULL-TIME  EMERGENCY  MEDICAL  SERVICES
PROVIDER  EMPLOYED  BY ANY COUNTY, CITY, VILLAGE, TOWN, FIRE DISTRICT OR
POLICE DISTRICT, MAY ALSO BE DEEMED TO BE CREDITABLE SERVICE  AND  SHALL
BE  INCLUDED IN COMPUTING YEARS OF TOTAL SERVICE FOR RETIREMENT PURSUANT
TO THIS SECTION PROVIDED THAT SUCH MEMBER  PAYS  THE  ACCRUED  LIABILITY
COST,  AS  CALCULATED  BY THE RETIREMENT SYSTEM ACTUARY, ASSOCIATED WITH
THE CREDITING OF THIS SERVICE. SUCH COST SHALL  BE  NON-REFUNDABLE,  AND
SHALL  BE  BASED  ON  ALL  AVAILABLE  SERVICE  CREDIT AT THE TIME OF THE
REQUEST FOR SUCH SERVICE CREDIT.
  H. CREDIT FOR SERVICE IN THE TOWN OF COLONIE IN A  PART-TIME  POSITION
WHICH   REQUIRES  CERTIFICATION  AS  AN  EMERGENCY  MEDICAL  TECHNICIAN,
ADVANCED EMERGENCY MEDICAL TECHNICIAN, OR PARAMEDIC MAY ALSO  BE  DEEMED
TO  BE  CREDITABLE  SERVICE  AND SHALL BE INCLUDED IN COMPUTING YEARS OF
TOTAL SERVICE FOR REIMBURSEMENT PURSUANT TO THIS SECTION  PROVIDED  THAT
SUCH  MEMBER  PAYS  THE  ACCRUED  LIABILITY  COST,  AS CALCULATED BY THE
RETIREMENT  SYSTEM  ACTUARY,  ASSOCIATED  WITH  THE  CREDITING  OF  THIS
SERVICE.  SUCH  COST  SHALL  BE NON-REFUNDABLE, AND WILL BE BASED ON ALL
AVAILABLE SERVICE CREDIT AT THE TIME OF THE  REQUEST  FOR  SUCH  SERVICE
CREDIT.
  I.  THE TOWN OF COLONIE SHALL CERTIFY TO THE COMPTROLLER, PERIODICALLY
AND AT SUCH INTERVALS OF TIME AS MAY BE REQUIRED AND IN SUCH FASHION  AS
MAY  BE PRESCRIBED, THE IDENTITY OF THE PART-TIME OR FULL-TIME EMERGENCY
MEDICAL SERVICES PROVIDERS IN ITS EMPLOY.
  J. A MEMBER CONTRIBUTING ON THE BASIS OF THIS SECTION AT THE  TIME  OF
RETIREMENT,  MAY  RETIRE  AFTER  THE  COMPLETION OF TWENTY-FIVE YEARS OF
TOTAL CREDITABLE SERVICE. APPLICATION THEREFOR MAY BE FILED IN A  MANNER
SIMILAR  TO  THAT  PROVIDED  IN  SECTION  SEVENTY  OF THIS ARTICLE. UPON
COMPLETION OF TWENTY-FIVE YEARS OF SUCH SERVICES  AND  UPON  RETIREMENT,
EACH SUCH MEMBER SHALL RECEIVE A PENSION WHICH, TOGETHER WITH AN ANNUITY
WHICH  SHALL  BE  THE  ACTUARIAL  EQUIVALENT  OF  HIS OR HER ACCUMULATED
CONTRIBUTIONS AT THE TIME OF HIS OR HER  RETIREMENT  AND  AN  ADDITIONAL
PENSION  WHICH  IS  THE  ACTUARIAL  EQUIVALENT  OF  THE RESERVED-FOR-IN-
CREASED-TAKE-HOME-PAY TO WHICH HE OR SHE MAY THEN BE ENTITLED  SHALL  BE
SUFFICIENT  TO  PROVIDE  HIM OR HER WITH A RETIREMENT ALLOWANCE EQUAL TO
ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY. UPON RETIREMENT, EACH  SUCH
MEMBER SHALL RECEIVE, FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY-FIVE,
AN ADDITIONAL PENSION WHICH SHALL BE EQUAL TO ONE-SIXTIETH OF HIS OR HER
FINAL  AVERAGE SALARY; PROVIDED, HOWEVER, THAT THE TOTAL ALLOWANCE PAYA-
BLE PURSUANT TO THIS SECTION SHALL NOT  EXCEED  THREE-QUARTERS  OF  SUCH
MEMBER'S FINAL AVERAGE SALARY.

S. 5686                             3

  K. IN COMPUTING THE SERVICE OF A MEMBER PURSUANT TO THIS SECTION, FULL
CREDIT  SHALL  BE  GIVEN AND FULL ALLOWANCE SHALL BE MADE FOR SERVICE OF
SUCH MEMBER IN TIME OF WAR AFTER WORLD WAR I AS DEFINED IN  SECTION  TWO
OF THIS CHAPTER, PROVIDED SUCH MEMBER AT THE TIME OF HIS OR HER ENTRANCE
INTO  THE  ARMED  FORCES WAS IN THE SERVICE OF THE TOWN OF COLONIE AS AN
EMERGENCY MEDICAL TECHNICIAN, ADVANCED EMERGENCY MEDICAL  TECHNICIAN  OR
PARAMEDIC.
  L. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A MEMBER, WHO
DOES NOT RETIRE PURSUANT TO THE PROVISIONS OF THIS SECTION, FROM UTILIZ-
ING  SERVICE  WHICH  IS CREDITABLE SERVICE PURSUANT TO THE PROVISIONS OF
THIS SECTION FOR SERVICE CREDIT PURSUANT TO THE PROVISIONS OF ANY  OTHER
PLAN OF THIS ARTICLE TO WHICH SUCH MEMBER IS SUBJECT.
  M.  ACCIDENTAL  DISABILITY  RETIREMENT  FOR EMERGENCY MEDICAL SERVICES
PROVIDERS EMPLOYED BY THE TOWN OF COLONIE. A MEMBER EMPLOYED BY THE TOWN
OF COLONIE IN A FULL-TIME POSITION WHICH REQUIRES  CERTIFICATION  AS  AN
EMERGENCY  MEDICAL TECHNICIAN, ADVANCED EMERGENCY MEDICAL TECHNICIAN, OR
PARAMEDIC WHO BECOMES  PHYSICALLY  OR  MENTALLY  INCAPACITATED  FOR  THE
PERFORMANCE  OF  DUTIES  AS THE NATURAL AND PROXIMATE RESULT OF AN ACCI-
DENT, SUSTAINED IN THE PERFORMANCE OF HIS OR HER DUTIES, NOT  CAUSED  BY
HIS OR HER WILLFUL NEGLIGENCE, SUSTAINED IN SUCH SERVICE AND WHILE ACTU-
ALLY  A  MEMBER  OF  THE  RETIREMENT SYSTEM, SHALL BE PAID AN ACCIDENTAL
DISABILITY RETIREMENT ALLOWANCE EQUAL TO THREE-QUARTERS OF FINAL AVERAGE
COMPENSATION AS PROVIDED IN SECTION SIXTY-THREE OF THIS ARTICLE, SUBJECT
TO THE PROVISIONS OF SECTION SIXTY-FOUR OF THIS ARTICLE.
  N. IMPAIRMENTS OF HEALTH; PRESUMPTION. NOTWITHSTANDING  ANY  PROVISION
OF THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY,
ANY  EMERGENCY MEDICAL SERVICES PROVIDER EMPLOYED BY THE TOWN OF COLONIE
WHO IS COVERED BY THE PROVISIONS OF THIS SECTION  OR  SUBDIVISION  U  OF
SECTION SIX HUNDRED FOUR OF THIS CHAPTER AND WHO CONTRACTS HIV, TUBERCU-
LOSIS  OR  HEPATITIS  AFTER  CONTACT  WITH A MEMBER OF THE PUBLIC (WHERE
THERE MAY HAVE BEEN AN EXPOSURE TO A BODILY FLUID) WILL BE  PRESUMED  TO
HAVE  CONTRACTED  SUCH DISEASE IN THE PERFORMANCE OR DISCHARGE OF HIS OR
HER DUTIES AS THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT  SUSTAINED
IN  THE PERFORMANCE OF DUTIES UNLESS THE CONTRARY BE PROVEN BY COMPETENT
EVIDENCE.
  O. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL  OR
SPECIAL  LAW  TO  THE  CONTRARY,  ANY  CONDITION OR IMPAIRMENT OF HEALTH
CAUSED BY DISEASES OF THE HEART, RESULTING IN DISABILITY OR DEATH TO ANY
EMERGENCY MEDICAL SERVICES PROVIDER EMPLOYED BY THE TOWN OF COLONIE  WHO
IS COVERED BY THE PROVISIONS OF THIS SECTION OR SUBDIVISION U OF SECTION
SIX  HUNDRED  FOUR  OF  THIS  CHAPTER  AND WHO, PRIOR TO ENTRY INTO SUCH
SERVICE SUCCESSFULLY PASSED  A  PHYSICAL  EXAMINATION  WHICH  FAILED  TO
DISCLOSE  EVIDENCE OF ANY DISEASE OR OTHER IMPAIRMENT OF THE HEART SHALL
BE PRESUMPTIVE EVIDENCE THAT IT  WAS  INCURRED  IN  THE  PERFORMANCE  OR
DISCHARGE  OF  DUTY AND THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT,
UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE.
  P. AN EMERGENCY MEDICAL SERVICES PROVIDER  EMPLOYED  BY  THE  TOWN  OF
COLONIE  WHO IS COVERED BY THE PROVISIONS OF THIS SECTION OR SUBDIVISION
U OF SECTION SIX HUNDRED FOUR OF THIS CHAPTER AND IS  IN  A  PLAN  WHICH
PERMITS  IMMEDIATE  RETIREMENT  UPON COMPLETION OF A SPECIFIED PERIOD OF
SERVICE WITHOUT REGARD TO AGE OR WHO IS  SUBJECT  TO  THE  PROVISION  OF
SUBDIVISION  B OF SECTION FOUR HUNDRED FORTY-FIVE OF THIS CHAPTER, SHALL
UPON COMPLETION OF NINETY DAYS  OF  SERVICE  BE  COVERED  FOR  FINANCIAL
PROTECTION  IN  THE  EVENT OF DEATH IN SERVICE PURSUANT TO THIS SUBDIVI-
SION. SUCH DEATH BENEFIT SHALL BE EQUAL  TO  THREE  TIMES  THE  MEMBER'S
SALARY  RAISED TO THE NEXT HIGHEST MULTIPLE OF ONE THOUSAND DOLLARS, BUT

S. 5686                             4

IN NO EVENT SHALL IT EXCEED THREE TIMES THE MAXIMUM SALARY SPECIFIED  IN
SECTION ONE HUNDRED THIRTY OF THE CIVIL SERVICE LAW.
  Q. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING
ANY OTHER PROVISIONS IN THIS CHAPTER TO THE CONTRARY.
  S 2. Subdivision a of section 445 of the retirement and social securi-
ty  law,  as  amended  by chapter 295 of the laws of 2007, is amended to
read as follows:
  a. No member of a retirement system who is subject to  the  provisions
of this article shall retire without regard to age, exclusive of retire-
ment  for  disability, unless he OR SHE is a [policeman] POLICE OFFICER,
an investigator member  of  the  New  York  city  employees'  retirement
system,  [fireman]  FIREFIGHTER, correction officer, a qualifying member
as defined in section eighty-nine-t, as added  by  chapter  six  hundred
fifty-seven  of the laws of nineteen hundred ninety-eight, of this chap-
ter, sanitation [man]  WORKER,  a  special  officer  (including  persons
employed by the city of New York in the title urban park ranger or asso-
ciate urban park ranger), school safety agent, campus peace officer or a
taxi  and  limousine  commission  inspector  member of the New York city
employees' retirement system or the New York  city  board  of  education
retirement  system,  a dispatcher member of the New York city employees'
retirement system, a police communications member of the New  York  city
employees' retirement system, an EMT member of the New York city employ-
ees'  retirement  system,  a  deputy sheriff member of the New York city
employees' retirement system, a correction officer  of  the  Westchester
county correction department as defined in section eighty-nine-e of this
chapter  or employed in Suffolk county as a peace officer, as defined in
section eighty-nine-s, as added by chapter five hundred eighty-eight  of
the  laws of nineteen hundred ninety-seven, of this chapter, employed in
Suffolk county as a correction officer, as defined  in  section  eighty-
nine-f  of  this  chapter,  or employed in Nassau county as a correction
officer, uniformed correction division personnel, sheriff,  undersheriff
or  deputy sheriff, as defined in section eighty-nine-g of this chapter,
or employed in Nassau county as  an  ambulance  medical  technician,  an
ambulance  medical  technician/supervisor or a member who performs ambu-
lance medical technician related services, as defined in section  eight-
y-nine-s,  as  amended by chapter five hundred seventy-eight of the laws
of nineteen hundred ninety-eight, of this chapter, or employed in Nassau
county as a peace officer, as defined in section eighty-nine-s, as added
by chapter five hundred ninety-five of  the  laws  of  nineteen  hundred
ninety-seven,  of  this chapter, or employed in Albany county as a sher-
iff, undersheriff, deputy sheriff, correction officer or  identification
officer,  as  defined  in  section  eighty-nine-h  of this chapter or is
employed in St. Lawrence county as a sheriff, undersheriff, deputy sher-
iff or correction officer, as defined in section eighty-nine-i  of  this
chapter  or  is  employed  in Orleans county as a sheriff, undersheriff,
deputy  sheriff  or  correction   officer,   as   defined   in   section
eighty-nine-l  of  this  chapter or is employed in Jefferson county as a
sheriff, undersheriff, deputy sheriff or correction officer, as  defined
in  section  eighty-nine-j  of  this  chapter or is employed in Onondaga
county as a deputy sheriff-jail division competitively appointed or as a
correction officer, as defined in section eighty-nine-k of this  chapter
or  is  employed in a county which makes an election under subdivision j
of section eighty-nine-p of this chapter  as  a  sheriff,  undersheriff,
deputy  sheriff or correction officer as defined in such section eighty-
nine-p or is employed in Broome County as a sheriff, undersheriff, depu-
ty sheriff or correction officer, as defined in section eighty-nine-m of

S. 5686                             5

this chapter or is a Monroe county  deputy  sheriff-court  security,  or
deputy  sheriff-jailor  as defined in section eighty-nine-n, as added by
chapter five hundred ninety-seven of the laws of nineteen hundred  nine-
ty-one,  of  this  chapter or is employed in Greene county as a sheriff,
undersheriff, deputy  sheriff  or  correction  officer,  as  defined  in
section  eighty-nine-o  of this chapter or is a traffic officer with the
town of Elmira as defined in section eighty-nine-q of this chapter or is
employed by Suffolk county as a  park  police  officer,  as  defined  in
section  eighty-nine-r of this chapter or is a peace officer employed by
a county probation department as defined in  section  eighty-nine-t,  as
added by chapter six hundred three of the laws of nineteen hundred nine-
ty-eight,  of this chapter or is employed in Rockland county as a deputy
sheriff-civil as defined in section eighty-nine-v  of  this  chapter  as
added by chapter four hundred forty-one of the laws of two thousand one,
or  is  employed  in Rockland county as a superior correction officer as
defined in section eighty-nine-v of this chapter  as  added  by  chapter
five hundred fifty-six of the laws of two thousand one or is a paramedic
employed  by  the police department in the town of Tonawanda and retires
under the provisions of section eighty-nine-v of this chapter, as  added
by  chapter four hundred seventy-two of the laws of two thousand one, or
is a county  fire  marshal,  supervising  fire  marshal,  fire  marshal,
assistant  fire  marshal,  assistant  chief  fire  marshal or chief fire
marshal employed by the county of Nassau as defined in  section  eighty-
nine-w  of  this  chapter,  OR IS EMPLOYED IN A FULL-TIME POSITION WHICH
REQUIRES CERTIFICATION AS  AN  EMERGENCY  MEDICAL  TECHNICIAN,  ADVANCED
EMERGENCY  MEDICAL  TECHNICIAN,  OR PARAMEDIC BY THE TOWN OF COLONIE AND
RETIRES UNDER THE PROVISIONS OF SECTION EIGHTY-NINE-X  OF  THIS  CHAPTER
and is in a plan which permits immediate retirement upon completion of a
specified period of service without regard to age. Except as provided in
subdivision  c  of  section  four  hundred forty-five-a of this article,
subdivision c of section four  hundred  forty-five-b  of  this  article,
subdivision  c  of  section  four  hundred forty-five-c of this article,
subdivision c of section four  hundred  forty-five-d  of  this  article,
subdivision  c  of  section  four  hundred forty-five-e of this article,
subdivision c of section four hundred forty-five-f of this  article  and
subdivision  c  of  section four hundred forty-five-h of this article, a
member in such a plan and such an occupation, other than  a  [policeman]
POLICE  OFFFICER  or investigator member of the New York city employees'
retirement system or a [fireman] FIREFIGHTER, shall not be permitted  to
retire prior to the completion of twenty-five years of credited service;
provided,  however,  if such a member in such an occupation is in a plan
which permits retirement upon completion  of  twenty  years  of  service
regardless  of age, he OR SHE may retire upon completion of twenty years
of credited service and prior to the completion of twenty-five years  of
service,  but  in  such event the benefit provided from funds other than
those based on such a member's own contributions shall  not  exceed  two
per centum of final average salary per each year of credited service.
  S  3. Section 603 of the retirement and social security law is amended
by adding a new subdivision t to read as follows:
  T. THE SERVICE RETIREMENT BENEFIT SPECIFIED  IN  SECTION  SIX  HUNDRED
FOUR  OF  THIS  ARTICLE  SHALL BE PAYABLE TO MEMBERS WITH TWENTY-FIVE OR
MORE YEARS OF  CREDITABLE  SERVICE,  WITHOUT  REGARD  TO  AGE,  WHO  ARE
EMPLOYED  IN  A  FULL-TIME  POSITION  WHICH REQUIRES CERTIFICATION AS AN
EMERGENCY MEDICAL TECHNICIAN, ADVANCED EMERGENCY MEDICAL TECHNICIAN,  OR
PARAMEDIC BY THE TOWN OF COLONIE IF: (I) SUCH MEMBERS HAVE MET THE MINI-
MUM  SERVICE  REQUIREMENTS  UPON  RETIREMENT,  AND (II) IN THE CASE OF A

S. 5686                             6

MEMBER SUBJECT TO THE PROVISIONS OF ARTICLE FOURTEEN  OF  THIS  CHAPTER,
SUCH  MEMBER  FILES  AN  ELECTION THEREFOR WHICH PROVIDES THAT HE OR SHE
WILL BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND  TO  NONE  OF  THE
PROVISIONS OF SUCH ARTICLE FOURTEEN. SUCH ELECTION WHICH SHALL BE IRREV-
OCABLE,  SHALL  BE IN WRITING, DULY EXECUTED AND SHALL BE FILED WITH THE
COMPTROLLER WITHIN NINETY DAYS OF THE EFFECTIVE DATE  OF  THIS  SUBDIVI-
SION.  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  THE  TERM "CREDITABLE
SERVICE"  SHALL  HAVE  THE  MEANING  AS  SO  DEFINED  IN  BOTH   SECTION
EIGHTY-NINE-X  OF THIS CHAPTER AND SECTION SIX HUNDRED ONE OF THIS ARTI-
CLE.
  S 4. Section 604 of the retirement and social security law is  amended
by adding a new subdivision u to read as follows:
  U.  THE  EARLY SERVICE RETIREMENT BENEFIT FOR A MEMBER WHO IS AN EMER-
GENCY MEDICAL SERVICES PROVIDER EMPLOYED  BY  THE  TOWN  OF  COLONIE  AS
DEFINED  IN  SECTION  EIGHTY-NINE-X  OF  THIS CHAPTER SHALL BE A PENSION
EQUAL TO ONE-FIFTIETH OF FINAL AVERAGE SALARY TIMES  YEARS  OF  CREDITED
SERVICE  AT  THE  COMPLETION OF TWENTY-FIVE YEARS OF CREDITED SERVICE AS
SUCH EMERGENCY MEDICAL SERVICES PROVIDER, BUT NOT EXCEEDING ONE-HALF  OF
HIS  OR  HER FINAL AVERAGE SALARY. IN ADDITION THERETO, UPON RETIREMENT,
EACH SUCH MEMBER SHALL RECEIVE, FOR EACH YEAR OF SERVICE  IN  EXCESS  OF
TWENTY-FIVE YEARS, A PENSION WHICH SHALL BE EQUAL TO ONE-SIXTIETH OF HIS
OR  HER  FINAL  AVERAGE  SALARY. THE TOTAL ALLOWANCE PAYABLE PURSUANT TO
THIS SECTION SHALL NOT EXCEED  THREE-QUARTERS  OF  SUCH  MEMBER'S  FINAL
AVERAGE SALARY.
  S 5. The retirement and social security law is amended by adding a new
section 607-i to read as follows:
  S  607-I.  ACCIDENTAL  DISABILITY  RETIREMENT  FOR  EMERGENCY  MEDICAL
SERVICES PROVIDER EMPLOYED BY THE TOWN OF COLONIE. A. A MEMBER  EMPLOYED
BY  THE  TOWN  OF COLONIE IN A FULL-TIME POSITION WHICH REQUIRES CERTIF-
ICATION AS AN EMERGENCY MEDICAL TECHNICIAN, ADVANCED  EMERGENCY  MEDICAL
TECHNICIAN,  OR  PARAMEDIC, WHO BECOMES PHYSICALLY OR MENTALLY INCAPACI-
TATED FOR THE PERFORMANCE OF DUTIES AS THE NATURAL AND PROXIMATE  RESULT
OF  AN  ACCIDENT, NOT CAUSED BY HIS OR HER WILLFUL NEGLIGENCE, SUSTAINED
IN SUCH SERVICE AND WHILE ACTUALLY A MEMBER OF  THE  RETIREMENT  SYSTEM,
SHALL  BE  PAID  AN  ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE EQUAL TO
THREE-QUARTERS OF FINAL AVERAGE  COMPENSATION  AS  PROVIDED  IN  SECTION
SIXTY-THREE  OF  THIS  CHAPTER,  SUBJECT  TO  THE  PROVISIONS OF SECTION
SIXTY-FOUR OF THIS CHAPTER.
  B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER  OR  ANY  GENERAL  OR
SPECIAL  LAW  TO  THE  CONTRARY,  ANY  CONDITION OR IMPAIRMENT OF HEALTH
CAUSED BY DISEASES OF THE HEART, RESULTING IN THE DISABILITY OR DEATH TO
ANY MEMBER COVERED BY THIS SECTION, OR  SUBDIVISION  U  OF  SECTION  SIX
HUNDRED  FOUR  OF  THIS  ARTICLE  PRESENTLY  EMPLOYED AND WHO SHALL HAVE
SUSTAINED SUCH DISABILITY WHILE SO EMPLOYED, WHO SUCCESSFULLY  PASSED  A
PHYSICAL EXAMINATION WHICH FAILED TO DISCLOSE EVIDENCE OF ANY DISEASE OR
OTHER IMPAIRMENT OF THE HEART, SHALL BE PRESUMPTIVE EVIDENCE THAT IT WAS
INCURRED  IN  THE PERFORMANCE OR DISCHARGE OF DUTY, UNLESS, THE CONTRARY
CAN BE PROVEN BY COMPETENT EVIDENCE.
  C. NOTWITHSTANDING ANY PROVISIONS OF THIS CHAPTER OR OF ANY GENERAL OR
SPECIAL LAW TO THE CONTRARY, A MEMBER COVERED BY THIS SECTION OR  SUBDI-
VISION  U OF SECTION SIX HUNDRED FOUR OF THIS ARTICLE WHO CONTRACTS HIV,
TUBERCULOSIS OR HEPATITIS AFTER  CONTACT  WITH  MEMBERS  OF  THE  PUBLIC
(WHERE  THERE  MAY  HAVE  BEEN  AN  EXPOSURE TO A BODILY FLUID), WILL BE
PRESUMED TO HAVE CONTRACTED SUCH DISEASE IN THE PERFORMANCE OR DISCHARGE
OF HIS OR HER DUTIES, AS THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT

S. 5686                             7

SUSTAINED IN THE PERFORMANCE OF DUTIES UNLESS THE CONTRARY BE PROVEN  BY
COMPETENT EVIDENCE.
  S  6.  The  general  municipal  law is amended by adding a new section
207-r to read as follows:
  S  207-R.  ACCIDENTAL  DISABILITY  RETIREMENT  FOR  EMERGENCY  MEDICAL
SERVICES  PROVIDERS  EMPLOYED BY THE TOWN OF COLONIE. A. NOTWITHSTANDING
ANY PROVISION OF THIS CHAPTER OR ANY  GENERAL  OR  SPECIAL  LAW  TO  THE
CONTRARY,  ANY  CONDITION  OR IMPAIRMENT OF HEALTH CAUSED BY DISEASES OF
THE HEART, RESULTING IN THE DISABILITY OR DEATH TO AN EMERGENCY  MEDICAL
SERVICES  PROVIDER AS DEFINED IN SECTION EIGHTY-NINE-X OF THE RETIREMENT
AND SOCIAL SECURITY LAW EMPLOYED BY THE TOWN  OF  COLONIE,  AND  WHO  IS
PRESENTLY EMPLOYED AND WHO SHALL HAVE SUSTAINED SUCH DISABILITY WHILE SO
EMPLOYED,  AND  WHO  SUCCESSFULLY PASSED A PHYSICAL EXAMINATION ON ENTRY
INTO SERVICE AS A MEMBER COVERED  BY  THIS  SECTION,  WHICH  EXAMINATION
FAILED  TO  DISCLOSE  EVIDENCE OF ANY DISEASE OR OTHER IMPAIRMENT OF THE
HEART, SHALL BE  PRESUMPTIVE  EVIDENCE  THAT  IT  WAS  INCURRED  IN  THE
PERFORMANCE  AND DISCHARGE OF DUTY, UNLESS THE CONTRARY CAN BE PROVEN BY
COMPETENT EVIDENCE.
  B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL  OR
SPECIAL  LAW  TO THE CONTRARY, AN EMERGENCY MEDICAL SERVICES PROVIDER AS
DEFINED IN SECTION EIGHTY-NINE-X OF THE RETIREMENT AND  SOCIAL  SECURITY
LAW  EMPLOYED BY THE TOWN OF COLONIE, WHO CONTRACTS HIV, TUBERCULOSIS OR
HEPATITIS AFTER CONTACT WITH MEMBERS OF THE PUBLIC (WHERE THERE MAY HAVE
BEEN AN EXPOSURE TO A BODILY FLUID), WILL BE PRESUMED TO HAVE CONTRACTED
SUCH DISEASE IN THE PERFORMANCE OR DISCHARGE OF HIS OR  HER  DUTIES,  AS
THE  NATURAL  AND  PROXIMATE  RESULT  OF  AN  ACCIDENT  SUSTAINED IN THE
PERFORMANCE OF  DUTIES  UNLESS  THE  CONTRARY  BE  PROVEN  BY  COMPETENT
EVIDENCE.
  S  7.  The past service cost attributable to the operation of this act
shall be borne by the town of Colonie and may,  at  the  option  of  the
town,  be  paid over a five year period at the rate or rates of interest
used in the actuarial valuations covering that five year time period.
  S 8. This act shall take effect immediately,  provided,  however  that
the  amendments  to article 15 of the retirement and social security law
made by sections three, four and five of this act shall not  affect  the
expiration  of  such  article  and shall expire on the same date as such
article expires pursuant to section 615 of  the  retirement  and  social
security law.
  FISCAL  NOTE.--  This  bill  will  permit  certain full-time emergency
medical technicians, advanced emergency medical technicians or  paramed-
ics  employed  by  the  Town  of Colonie to retire upon completion of 25
years of creditable service. For all eligible Tier 3 members  who  elect
to  forfeit  their  benefits under Article 14 and all eligible Tier 1, 2
and 4 members, the benefit upon retirement will be an allowance of  one-
half  final  average  salary. In addition, members who render service in
excess of 25 years of service will  receive  an  additional  pension  of
one-sixtieth  of final average salary for each year of service in excess
of 25, limited to 15 such years. There will be no reduction due to early
service retirement for  these  members.  In  addition,  this  bill  will
provide  a  75%  of  final average salary accidental disability benefit,
less workers' compensation. The improved  disability  will  include  the
assumption  of accident if the disability is due to HIV, tuberculosis or
hepatitis. The assumption of accident will also apply to heart disabili-
ties, but the member would have to prove that such heart  related  disa-
bility  was the result of an accident. In addition, this bill will allow
such full-time employees to  purchase  similar  full-time  service  from

S. 5686                             8

other  employers  as  well as any part-time emergency medical technician
service with the Town of Colonie.
  If  this bill is enacted, we anticipate that there will be an increase
of approximately $54,000 in the annual  contributions  of  the  Town  of
Colonie for the fiscal year ending March 31, 2010.
  In addition to the annual contributions discussed above, there will be
an  immediate past service cost of approximately $399,000 which would be
borne by the Town of Colonie. If this cost is amortized over a period of
five (5) years, the cost for the first year, including interest, will be
approximately $92,600.
  These estimated costs are based on  41  full-time  members  having  an
estimated  total annual salary for the fiscal year ending March 31, 2009
of approximately $2.6 million.
  This estimate, dated January 20,  2009,  and  intended  for  use  only
during  the  2009  Legislative  Session,  is  Fiscal  Note  No, 2009-94,
prepared by the Actuary for the New  York  State  and  Local  Employees'
Retirement System.