The New York State Senate

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

                                  8284

                            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 performance of duty disability retirement benefits for ambu-
  lance  medical  technician  supervisors,  ambulance medical technician
  coordinators 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 607-i to read as follows:
  §  607-I. PERFORMANCE OF DUTY DISABILITY RETIREMENT BENEFITS FOR AMBU-
LANCE MEDICAL TECHNICIAN SUPERVISORS, AMBULANCE MEDICAL TECHNICIAN COOR-
DINATORS AND AMBULANCE MEDICAL TECHNICIANS  IN  NASSAU  COUNTY.  A.  THE
COUNTY  OF  NASSAU  SHALL MAKE THE BENEFITS PROVIDED HEREIN AVAILABLE TO
AMBULANCE MEDICAL TECHNICIAN SUPERVISORS, AMBULANCE  MEDICAL  TECHNICIAN
COORDINATORS  AND  AMBULANCE MEDICAL TECHNICIANS 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 THE 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.
  C.  APPLICATION FOR A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOW-
ANCE FOR SUCH A MEMBER MAY BE MADE BY:
  1. SUCH MEMBER; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD05675-04-8

S. 8284                             2

  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 THE OCCURRENCE WHICH IS THE BASIS FOR THE DISA-
BILITY INCURRED IN THE PERFORMANCE OF DUTY, SETTING FORTH:
  (A) THE TIME WHEN 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 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 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  PROVISION  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  PROVISION  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-C OF THE GENERAL MUNICIPAL
LAW.
  § 2. All costs associated with implementing the provisions of this act
shall be borne by Nassau county.

S. 8284                             3

  §  3.  All  past  costs incurred due to implementing the provisions of
this act will be borne by Nassau county, and may be amortized over a ten
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 ambulance
medical technician supervisors, ambulance medical  technician  coordina-
tors  and  ambulance  medical technicians 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 2018 session, there will be an
estimated increase of approximately $300,000 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 $1.74 million which may  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,  2019.  If  Nassau
County  elects to amortize this cost over a 10 year period, the cost for
the first year would be $232,000.
  These estimated costs are based on 128 members having an annual salary
for the fiscal year ending March 31, 2017 of approximately $14 million.
  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. 2018-91, prepared by
the Actuary for the New York State and Local Retirement System.