NY State Senate Bill S8293

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
Dec 28, 2018	vetoed memo.371
Dec 18, 2018	delivered to governor
Jun 20, 2018	returned to senate passed assembly home rule request ordered to third reading rules cal.417 substituted for a10695
Jun 14, 2018	referred to governmental employees delivered to assembly passed senate home rule request
May 16, 2018	advanced to third reading
May 15, 2018	2nd report cal.
May 14, 2018	1st report cal.1168
Apr 26, 2018	referred to civil service and pensions

Votes

view votes

Jun 14, 2018 - floor Vote

S8293

floor

Aye

Nay

Absent

Excused

Abstained

May 14, 2018 - Civil Service and Pensions committee Vote

S8293

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S8293 (ACTIVE) - Details

See Assembly Version of this Bill:: A10695
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

S8293 (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.

S8293 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8293

SPONSOR: PHILLIPS
 
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 super-
vising 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.  Addi-
tionally, 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 disa-
blement. 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.

S8293 (ACTIVE) - Bill Text download pdf


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

                                  8293

                            I N  S E N A T E

                             April 26, 2018
                               ___________

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
MEETS THE REQUIREMENTS OF SUBDIVISION A OF THIS SECTION AND THIS  SUBDI-
VISION.

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

                                                           LBD05674-05-8

S. 8293                             2

  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
PAYABLE PURSUANT TO SECTION TWO HUNDRED SEVEN-A OF THE GENERAL MUNICIPAL
LAW.

S. 8293                             3

  § 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 any Nassau County Tier 3, 4, 5 and 6 chief fire
marshal,  assistant  chief  fire  marshal,  division  supervising   fire
marshal,  supervising  fire  marshal,  fire marshal trainee and enhances
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 2018  session,  there  will  be  an
estimated  increase of approximately $34,000 in the annual contributions
of Nassau County for the fiscal year ending March 31, 2019.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $199,000 which would  be
home  by  Nassau County as a one-time payment. This estimate is based on
the assumption that payment will be made on February 1, 2019. If  Nassau
County  elects to amortize this cost over a 10 year period, the cost for
the first year would be $26,600.
  These estimated costs above are based on 40 fire marshals employed  by
Nassau County with a total estimated annual salary of approximately $4.8
million for the fiscal year ending March 31, 2017.
  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, 2017  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2017
Report of the  Actuary  and  the  2017  Comprehensive  Annual  Financial
Report.
  The  actuarial assumptions and methods used are described in the 2015,
2016, and 2017 Annual Report to the  Comptroller  on  Actuarial  Assump-
tions,  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, 2017
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 April 25, 2018, and intended for use only during
the 2018 Legislative Session, is Fiscal Note No.  2018-90,  prepared  by
the Actuary for the New York State and Local Retirement System.

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The New York State Senate

senate Bill S8293

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

Jun 14, 2018 - floor Vote

Floor Vote: Jun 14, 2018

May 14, 2018 - Civil Service and Pensions committee Vote

Civil Service and Pensions Committee Vote: May 14, 2018

S8293 (ACTIVE) - Details

S8293 (ACTIVE) - Summary

S8293 (ACTIVE) - Sponsor Memo

S8293 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8293

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Sponsored By

Elaine Phillips

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

Jun 14, 2018 - floor Vote

Floor Vote: Jun 14, 2018

May 14, 2018 - Civil Service and Pensions committee Vote

Civil Service and Pensions Committee Vote: May 14, 2018

S8293 (ACTIVE) - Details

S8293 (ACTIVE) - Summary

S8293 (ACTIVE) - Sponsor Memo

S8293 (ACTIVE) - Bill Text download pdf

Comments