S T A T E   O F   N E W   Y O R K
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                                  7076

                            I N  S E N A T E

                             March 10, 2010
                               ___________

Introduced  by  Sen.  SAVINO -- 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

  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.  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 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, NOT CAUSED BY HIS OWN WILL-
FUL 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 EITHER (A) BY A  VESTED  MEMBER  INCAPACI-
TATED  AS  THE  RESULT  OF  A QUALIFYING WORLD TRADE CENTER CONDITION AS
DEFINED IN SECTION TWO OF THIS CHAPTER AT ANY TIME,  OR  (B)  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.
              

                                                           LBD14015-02-0

S. 7076                             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  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  SHALL  HAVE  ITS EMPLOYEES LOCATED OR
PERFORMING FUNCTIONS AND DUTIES WITHIN THE NORMAL SCOPE OF THEIR EMPLOY-
MENT; 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 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 MAY SIMULTANEOUS-
LY  FILE  AN  APPLICATION  FOR SERVICE RETIREMENT IN ACCORDANCE WITH THE
PROVISION OF SECTION SEVENTY OF THIS CHAPTER, PROVIDED THAT  THE  MEMBER
INDICATES  ON  THE APPLICATION FOR SERVICE RETIREMENT THAT SUCH APPLICA-
TION IS FILED WITHOUT PREJUDICE TO THE APPLICATION FOR ACCIDENTAL  DISA-
BILITY 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 WHO WERE HIRED ON OR AFTER JULY TWENTY-SEVEN,  NINETEEN
HUNDRED SEVENTY-SIX.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  would  grant chief fire marshals, assistant fire marshals,
division supervising fire  marshals,  supervising  fire  marshals,  fire
marshals and fire marshal trainees an accidental disability for injuries
sustained  in  the  performance  of  duty and the result of an accident,
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,  insofar as this bill would affect Nassau
County, the estimated increase  in  the  annual  contributions  for  the
fiscal year ending March 31, 2011 would be approximately $61,300.
  These  estimated  costs  are  based  on 57 members having an estimated
annual salary for the fiscal year ending March 31, 2010 of approximately
$5.9 million.

S. 7076                             3

  There would also be a cost for any other  municipality  which  employs
fire  marshals,  which would depend on the salaries of the affected fire
marshals.
  This  estimate,  dated  January  29,  2010,  and intended for use only
during the  2010  Legislative  Session,  is  Fiscal  Note  No.  2010-74,
prepared  by  the  Actuary  for  the New York State and Local Employees'
Retirement System.