S T A T E O F N E W Y O R K
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9984
I N A S S E M B L Y
March 4, 2020
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
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.
LBD07956-04-0
A. 9984 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.
A. 9984 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 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 2020 legislative session, we antic-
ipate that there will be an increase of approximately $33,000 in the
annual contributions of Nassau County for the fiscal year ending March
31, 2021. In future years, this cost will vary as the billing rates and
salaries of the affected members change.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $228,000 which will 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, 2021. If Nassau
County elects to amortize this cost over a 10 year period, the cost for
the first year would be approximately $30,100.
These estimated costs above are based on 49 fire marshals employed by
Nassau County having a total annual salary of approximately $5.4 million
for the fiscal year ending March 31, 2019.
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, 2019 actuarial valu-
ation. Distributions and other statistics can be found in the 2019
Report of the Actuary and the 2019 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017, 2018, and 2019 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, 2019
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 fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated February 27, 2020, and intended for use only
during the 2020 Legislative Session, is Fiscal Note No. 2020-60,
prepared by the Actuary for the New York State and Local Retirement
System.