NY State Senate Bill S5705

Archive: Last Bill Status - Vetoed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Vetoed by Governor

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Actions

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 29, 2017	vetoed memo.199
Nov 17, 2017	delivered to governor
Jun 15, 2017	returned to senate passed assembly home rule request ordered to third reading rules cal.339 substituted for a7127
Jun 14, 2017	referred to ways and means delivered to assembly passed senate home rule request
Jun 05, 2017	advanced to third reading
May 24, 2017	2nd report cal.
May 23, 2017	1st report cal.1341
Apr 26, 2017	referred to civil service and pensions

Votes

view votes

Jun 14, 2017 - floor Vote

S5705

floor

Aye

Nay

Absent

Excused

Abstained

May 23, 2017 - Civil Service and Pensions committee Vote

S5705

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Civil Service and Pensions committee vote details

Civil Service and Pensions Committee Vote: May 23, 2017

aye (10)

aye wr (1)

Addabbo

Co-Sponsors

S5705 (ACTIVE) - Details

See Assembly Version of this Bill:: A7127
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §607-i, R & SS L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4987, A7113
2019-2020: S3813, S7908, A5820, A9984
2021-2022: S3101, A6500

S5705 (ACTIVE) - Summary

Relates to providing accidental disability retirement benefits for chief fire marshals, assistant chief fire marshals, division supervising fire marshals, supervising marshals, fire marshals and fire marshal trainees in Nassau County.

S5705 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S5705

 TITLE OF BILL :

An act to amend the retirement and social security law, in relation to
providing accidental disability retirement benefits for chief fire
marshals, assistant chief fire marshals, division supervising fire
marshals, supervising fire marshals, fire marshals and fire marshal
trainees in Nassau county

 SUMMARY OF PROVISIONS :

This legislation provides for a Y2 performance of duty retirement for
various fire marshal titles within Nassau County who are injured in
the line of duty.

 JUSTIFICATION :

Nassau County Fire Marshals provide services countywide, including
inspectional duties, Hazmat operations, the investigation of
suspicious fires, and the apprehension of arsonists and other
criminals. They are armed peace officers in New York State.

Though rare, it does happen that Nassau County Fire Marshals 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 Marshal involved, their spouses, and
their children.

Fire Marshals respond to and perform work at the scene of serious
fires and Hazmat situations. Responses to Hazmat incidents place the
Fire Marshals with materials that, by their nature, are extremely
dangerous. Incidents involving flammables, corrosives, explosives, and
deadly fumes can cause extremely serious injury and disability to
those responding to and abating these conditions. Further, the Fire
Marshals are trained to handle weapons of mass destruction, as well as
to deal with CBRNE response and mitigation. These threats involve
chemical and biological agents, radiological and nuclear issues, which
are all inherently dangerous.

Though the Marshals are well trained, the operations they perform are
by their nature very dangerous and can result in serious injury.
Additionally, in their investigation and apprehension role, Fire
Marshals are exposed to similar conditions as any other law
enforcement officer with arrest powers in our state. It should be
noted that Police Officers in Nassau County have a 50% disability
benefit.

This bill will provide appropriate protection for Nassau County Fire
Marshals and their families in the event of a serious on-the-job
disablement. It also will rectify the imbalance in protection that
currently exists between the Fire Marshals and other, similar law
enforcement officers.

 FISCAL IMPLICATIONS :

See fiscal note.

 EFFECTIVE DATE :
Immediately.

S5705 (ACTIVE) - Bill Text download pdf


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

                                  5705

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             April 26, 2017
                               ___________

Introduced  by Sen. PHILLIPS -- 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 chief 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 607-i to read as follows:
  §  607-I.  PERFORMANCE  OF  DUTY, DISABILITY RETIREMENT FOR CHIEF FIRE
MARSHALS, ASSISTANT  CHIEF  FIRE  MARSHALS,  DIVISION  SUPERVISING  FIRE
MARSHALS,  SUPERVISING  FIRE  MARSHALS,  FIRE  MARSHALS AND FIRE MARSHAL
TRAINEES IN NASSAU COUNTY. A.  THE COUNTY OF NASSAU SHALL MAKE THE BENE-
FITS PROVIDED HEREIN AVAILABLE TO CHIEF FIRE MARSHALS,  ASSISTANT  CHIEF
FIRE  MARSHALS,  DIVISION  SUPERVISING  FIRE  MARSHALS, SUPERVISING FIRE
MARSHALS, FIRE MARSHALS AND FIRE  MARSHAL  TRAINEES  IN  THE  EMPLOY  OF
NASSAU COUNTY.
  B. A MEMBER SHALL BE ENTITLED TO RETIREMENT FOR DISABILITY INCURRED IN
THE  PERFORMANCE  OF DUTY IF, AT THE TIME APPLICATION THEREFOR IS FILED,
HE OR SHE IS:
  1. PHYSICALLY OR MENTALLY INCAPACITATED FOR PERFORMANCE OF DUTY AS THE
NATURAL AND PROXIMATE RESULT OF A DISABILITY, 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, EITHER
VOLUNTARILY OR INVOLUNTARILY, SUBSEQUENT TO SUSTAINING A  DISABILITY  IN
SUCH SERVICE, APPLICATION MAY BE MADE NOT LATER THAN TWO YEARS AFTER THE
MEMBER  IS FIRST DISCONTINUED FROM SERVICE; AND PROVIDED THAT THE MEMBER

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

                                                           LBD05674-03-7

S. 5705                             2

MEETS THE REQUIREMENTS OF SUBDIVISION A OF THIS SECTION AND THIS  SUBDI-
VISION.
  C.  APPLICATION FOR A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOW-
ANCE 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.
  D. 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 SUCH OCCURRENCE WHICH  IS  THE  BASIS  FOR  THE
DISABILITY INCURRED IN THE PERFORMANCE OF DUTY, SETTING FORTH:
  (A) THE TIME AND THE PLACE OF SUCH OCCURRENCE; AND
  (B) THE PARTICULARS THEREOF; AND
  (C) THE NATURE AND EXTENT OF THE MEMBER'S INJURIES; AND
  (D) HIS OR HER ALLEGED DISABILITY.
  2. THE NOTICE HEREIN REQUIRED NEED NOT BE GIVEN:
  (A) IF THE NOTICE OF SUCH OCCURRENCE 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 PERFORMANCE OF DUTY DISABILITY RETIREMENT
IS FILED WITHIN ONE YEAR AFTER THE DATE OF THE  OCCURRENCE  WHICH  FORMS
THE BASIS FOR THE APPLICATION; 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.
  E. IF THE COMPTROLLER DETERMINES THAT  THE  MEMBER  IS  PHYSICALLY  OR
MENTALLY  INCAPACITATED FOR THE PERFORMANCE OF DUTY PURSUANT TO SUBDIVI-
SION B OF THIS SECTION AND OUGHT TO BE RETIRED, SUCH MEMBER SHALL BE  SO
RETIRED. SUCH RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY THE
COMPTROLLER.
  F.  THE  ANNUAL RETIREMENT ALLOWANCE PAYABLE UPON RETIREMENT FOR DISA-
BILITY INCURRED IN THE PERFORMANCE OF DUTY SHALL BE A  PENSION  OF  ONE-
HALF  OF  HIS OR HER FINAL AVERAGE SALARY PLUS AN ANNUITY WHICH SHALL BE
THE ACTUARIAL EQUIVALENT OF THE MEMBER'S ACCUMULATED  CONTRIBUTIONS,  IF
ANY.
  G.  IF  THE  MEMBER, AT THE TIME OF THE FILING OF AN APPLICATION UNDER
THE PROVISIONS OF SUBDIVISION C 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  THE
RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE OF DUTY.
  H.  ANY BENEFIT PROVIDED PURSUANT TO THIS SECTION SHALL NOT BE CONSID-
ERED AS AN ACCIDENTAL DISABILITY BENEFIT WITHIN THE MEANING  OF  SECTION
SIXTY-FOUR OF THIS CHAPTER.
  I.  ANY BENEFIT PAYABLE PURSUANT TO THE WORKERS' COMPENSATION LAW TO A
MEMBER RECEIVING A DISABILITY ALLOWANCE PURSUANT TO THIS  SECTION  SHALL
BE IN ADDITION TO SUCH RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE
OF DUTY ALLOWANCE.
  J.  A  FINAL  DETERMINATION  OF THE COMPTROLLER THAT THE MEMBER IS NOT
ENTITLED TO RETIREMENT BENEFITS PURSUANT TO THIS SECTION  SHALL  NOT  IN
ANY  RESPECT  BE, OR CONSTITUTE, A DETERMINATION WITH REGARD TO BENEFITS

S. 5705                             3

PAYABLE PURSUANT TO SECTION TWO HUNDRED SEVEN-A OF THE GENERAL MUNICIPAL
LAW.
  § 2. All costs associated with implementing the provisions of this act
shall be borne by Nassau county.
  §  3.  All  past  service  costs  incurred  due  to  implementing  the
provisions of this act will be borne by Nassau County, and may be  amor-
tized over a 10 year period.
  § 4. 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
marshal, assistant fire  marshal,  division  supervising  fire  marshal,
supervising  fire  marshal,  fire  marshal  and  fire marshal trainee an
enhanced disability benefit for injuries sustained in the performance of
duty. The benefit for a performance of duty disability would be  50%  of
final average salary.
  If  this  bill  is  enacted  during the 2017 session, there will be an
estimated increase of approximately $35,000 in the annual  contributions
of Nassau County for the fiscal year ending March 31, 2018.
  In addition to the annual contributions discussed above, there will be
an  immediate past service cost of approximately $201,000 which would be
borne by Nassau County as a one-time payment. This estimate is based  on
the  assumption that payment will be made on February 1, 2018. If Nassau
County elects to amortize the cost over a 10 year period, the  cost  for
the first year would be $26,800.
  These  estimated costs above are based on 42 fire marshals employed by
Nassau County with a total estimated annual salary of approximately $4.9
million for the fiscal year ending March 31, 2016.
  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, 2016 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2016
Report  of  the  Actuary  and  the  2016  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in  the  2015
and  2016 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, 2016
New  York  State  and  Local  Retirement System Financial Statements and
Supplementary Information.
  I am a member of American Academy of Actuaries and meet the Qualifica-
tion Standards to render the actuarial opinion contained herein.
  This estimate, dated January 19,  2017,  and  intended  for  use  only
during  the  2017  Legislative  Session,  is  Fiscal  Note  No. 2017-31,
prepared by the Actuary for the New  York  State  and  Local  Retirement
System.

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The New York State Senate

senate Bill S5705

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Your Voice

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Votes

Jun 14, 2017 - floor Vote

Floor Vote: Jun 14, 2017

May 23, 2017 - Civil Service and Pensions committee Vote

Civil Service and Pensions Committee Vote: May 23, 2017

Co-Sponsors

S5705 (ACTIVE) - Details

S5705 (ACTIVE) - Summary

S5705 (ACTIVE) - Sponsor Memo

S5705 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5705

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Sponsored By

Elaine Phillips

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

Jun 14, 2017 - floor Vote

Floor Vote: Jun 14, 2017

May 23, 2017 - Civil Service and Pensions committee Vote

Civil Service and Pensions Committee Vote: May 23, 2017

Co-Sponsors

Todd Kaminsky

S5705 (ACTIVE) - Details

S5705 (ACTIVE) - Summary

S5705 (ACTIVE) - Sponsor Memo

S5705 (ACTIVE) - Bill Text download pdf

Comments