The New York State Senate

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

                                  5133

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 10, 2019
                               ___________

Introduced  by  Sen.  KAPLAN -- 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.

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

                                                           LBD07954-02-9

S. 5133                             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 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.

S. 5133                             3

  § 2. All costs associated with implementing the provisions of this act
shall be borne by Nassau county.
  §  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  2019  legislative  session,  there
will  be  an  estimated increase of approximately $270,000 in the annual
contributions of Nassau County for the  fiscal  year  ending  March  31,
2020.
  In addition to the annual contributions discussed above, there will be
an  immediate  past  service cost of $1.82 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, 2020. If Nassau
County elects to amortize this cost over a 10 year period, the cost  for
the first year would be $243,000.
  These estimated costs are based on 123 members having an annual salary
for the fiscal year ending March 31, 2018 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, 2018  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2018
Report of the  Actuary  and  the  2018  Comprehensive  Annual  Financial
Report.
  The  actuarial assumptions and methods used are described in the 2015,
2016, 2017 and 2018  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, 2018
New York State and Local  Retirement  System  Financial  Statements  and
Supplementary Information.
  I am an member of the American Academy of Actuaries and meet the Qual-
ification 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 judgement of an attorney.
  This  estimate,  dated  January  31,  2019,  and intended for use only
during the  2019  Legislative  Session,  is  Fiscal  Note  No.  2019-42,
prepared  by  the  Actuary  for  the New York State and Local Retirement
System.