senate Bill S2795

2015-2016 Legislative Session

Creates office of insurance consumer advocate within department of financial services

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to insurance
Jan 29, 2015 referred to insurance

S2795 - Bill Details

See Assembly Version of this Bill:
A7991
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Add §210-a, Ins L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S3239
2011-2012: S2220, S6210
2009-2010: S4444

S2795 - Bill Texts

view summary

Creates the office of insurance consumer advocate within the department of financial services; provides that the office shall consist of five members; describes powers and duties; provides that such office be funded by an assessment upon domestic insurers and licensed U.S. branches of alien insurers domiciled in NYS.

view sponsor memo
BILL NUMBER:S2795

TITLE OF BILL:

An act to amend the insurance law, in relation to establishing the
office of insurance consumer advocate within the department of
financial services and describing its powers and duties

SUMMARY:

The insurance law is amended by adding a new section 210-a to create
the Office of Insurance Consumer Advocate. The duties of such will
include, but not be limited to the review of rate applications,
participation in public hearings, and the review and recommendation of
legislation related to improving the insurance process for consumers.

JUSTIFICATION:

On April 7, 1986 a report of the Governor's Advisory commission on
Liability Insurance, "INSURING OUR FUTURE" - commonly known as the
Jones Commission Report - embraced the idea of creating an Office of
Insurance Consumer Advocate. The report stated that, "Although the
Insurance Department generally attends to the interests of insurance
consumers, there is no New York State appointee who is exclusively
charged with that task of representing consumer interests with respect
to insurance matters." The report continues by stressing that the
rate-making process cannot be completely fair unless "a named
individual is designated to represent this interest (consumer) and is
given full access to the information necessary to intervene on an
informed timely basis."

This recommendation is similar to the Texas law which established the
Division of Consumer protection within the State Board of Insurance to
represent the interest of insurance consumers statewide. with this
report in mind, with the Texas model as an example, and with the large
rate hikes that have been awarded to health insurance carriers, now is
the time to ensure that consumers' point of view is adequately
represented. These increases have a detrimental effect on all
policyholders, but especially those with fixed incomes. Such increases
could force many senior citizens to cancel coverage. Such issues must
be fully analyzed before a rate increase is granted. customers cannot
continue to sustain these drastic increases.

LEGISLATIVE HISTORY:

2013-14: S.3239 - Referred to Insurance
2012: S.6210 - Referred to Insurance
2011: S.2220( Kruger) - Referred to Insurance

FISCAL IMPLICATIONS:

Not known at this time.

EFFECTIVE DATE:

This act shall take effect 60 days after it shall have become law.


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

                                  2795

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance

AN ACT to amend the insurance  law,  in  relation  to  establishing  the
  office  of insurance consumer advocate within the department of finan-
  cial services and describing its powers and duties

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The insurance law is amended by adding a new section 210-a
to read as follows:
  S 210-A. OFFICE OF INSURANCE CONSUMER ADVOCATE. (A)  THERE  IS  HEREBY
CREATED WITHIN THE DEPARTMENT THE OFFICE OF INSURANCE CONSUMER ADVOCATE,
HEREAFTER  REFERRED  TO IN THIS SECTION AS THE OFFICE. SUCH OFFICE SHALL
CONSIST OF FIVE MEMBERS, THREE OF WHOM SHALL BE APPOINTED BY THE  SECRE-
TARY  OF STATE AND TWO OF WHOM SHALL BE APPOINTED BY THE SUPERINTENDENT.
MEMBERS OF THE OFFICE SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICE AS
MEMBERS, BUT SHALL  BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  (B) THE OFFICE, TOGETHER WITH THE DEPARTMENT OF STATE, SHALL:
  (1)  ASSESS  THE  IMPACT  OF  INSURANCE REGULATORY ACTIONS ON NEW YORK
CONSUMERS. SUCH ASSESSMENT SHALL INCLUDE THE REVIEW OF APPLICATIONS  FOR
SUBSCRIBER  RATE  CHANGES  FILED  BY HEALTH INSURANCE PROVIDERS LICENSED
PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER AND  ARTICLE  FORTY-FOUR
OF THE PUBLIC HEALTH LAW.
  (2) APPEAR AT PUBLIC HEARINGS AS A REPRESENTATIVE OF CONSUMERS, TREAT-
ED  AS A CLASS, WITH RESPECT TO RATE-SETTING MATTERS THAT ARE BEFORE THE
SUPERINTENDENT THAT AFFECT THE CONSUMING PUBLIC.
  (3) POSSESS ALL RIGHTS AND POWERS OF ANY PARTY AT  INTEREST  APPEARING
BEFORE  THE  DEPARTMENT WITH REGARD TO EXAMINATION AND CROSS-EXAMINATION
OF WITNESSES AND PRESENTATION OF EVIDENCE.
  (4) HAVE ACCESS AS ANY PARTY, OTHER THAN STAFF, TO ALL  RECORDS  GATH-
ERED  BY  THE DEPARTMENT INCLUDING NONPRIVILEGED MATERIAL WHICH IS RELE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06849-01-5

S. 2795                             2

VANT TO THE SUBJECT MATTER  INVOLVED  IN  SUCH  PROCEEDINGS  BEFORE  THE
DEPARTMENT.
  (5)  RECOMMEND  INSURANCE-RELATED  LEGISLATION  TO  THE LEGISLATURE IN
CONSULTATION WITH THE DEPARTMENT OF STATE THAT  IN  ITS  JUDGMENT  WOULD
POSITIVELY AFFECT THE INTERESTS OF CONSUMERS.
  THE  OFFICE  SHALL  NOT PREEMPT THE APPEARANCE OF OTHER CONSUMER ADVO-
CATES AT ANY OFFICIAL PROCEEDINGS.
  (C) THE OFFICE SHALL BE FUNDED BY  AN  ASSESSMENT  UPON  ALL  DOMESTIC
INSURERS AND ALL LICENSED UNITED STATES BRANCHES OF ALIEN INSURERS DOMI-
CILED  IN  THIS  STATE  IN THE SAME MANNER AS SUCH INSURERS ARE ASSESSED
PURSUANT TO SECTION THREE HUNDRED THIRTY-THREE  OF  THIS  CHAPTER.  SUCH
ASSESSMENT  SHALL BE FOR THE PURPOSE OF DEFRAYING THE COSTS OF CREATING,
ADMINISTERING AND OPERATING THE OFFICE.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

assembly Bill A7991

2015-2016 Legislative Session

Creates office of insurance consumer advocate within department of financial services

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to insurance
Jun 03, 2015 referred to insurance

A7991 - Bill Details

See Senate Version of this Bill:
S2795
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Add §210-a, Ins L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S3239
2011-2012: S2220, S6210
2009-2010: S4444

A7991 - Bill Texts

view summary

Creates the office of insurance consumer advocate within the department of financial services; provides that the office shall consist of five members; describes powers and duties; provides that such office be funded by an assessment upon domestic insurers and licensed U.S. branches of alien insurers domiciled in NYS.

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

                                  7991

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2015
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on Insurance

AN  ACT  to  amend  the  insurance  law, in relation to establishing the
  office of insurance consumer advocate within the department of  finan-
  cial services and describing its powers and duties

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The insurance law is amended by adding a new section  210-a
to read as follows:
  S  210-A.  OFFICE  OF INSURANCE CONSUMER ADVOCATE. (A) THERE IS HEREBY
CREATED WITHIN THE DEPARTMENT THE OFFICE OF INSURANCE CONSUMER ADVOCATE,
HEREAFTER REFERRED TO IN THIS SECTION AS THE OFFICE. SUCH  OFFICE  SHALL
CONSIST  OF FIVE MEMBERS, THREE OF WHOM SHALL BE APPOINTED BY THE SECRE-
TARY OF STATE AND TWO OF WHOM SHALL BE APPOINTED BY THE  SUPERINTENDENT.
MEMBERS OF THE OFFICE SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICE AS
MEMBERS,  BUT  SHALL  BE  ALLOWED  THEIR  ACTUAL  AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  (B) THE OFFICE, TOGETHER WITH THE DEPARTMENT OF STATE, SHALL:
  (1) ASSESS THE IMPACT OF INSURANCE  REGULATORY  ACTIONS  ON  NEW  YORK
CONSUMERS.  SUCH ASSESSMENT SHALL INCLUDE THE REVIEW OF APPLICATIONS FOR
SUBSCRIBER RATE CHANGES FILED BY  HEALTH  INSURANCE  PROVIDERS  LICENSED
PURSUANT  TO  ARTICLE FORTY-THREE OF THIS CHAPTER AND ARTICLE FORTY-FOUR
OF THE PUBLIC HEALTH LAW.
  (2) APPEAR AT PUBLIC HEARINGS AS A REPRESENTATIVE OF CONSUMERS, TREAT-
ED AS A CLASS, WITH RESPECT TO RATE-SETTING MATTERS THAT ARE BEFORE  THE
SUPERINTENDENT THAT AFFECT THE CONSUMING PUBLIC.
  (3)  POSSESS  ALL RIGHTS AND POWERS OF ANY PARTY AT INTEREST APPEARING
BEFORE THE DEPARTMENT WITH REGARD TO EXAMINATION  AND  CROSS-EXAMINATION
OF WITNESSES AND PRESENTATION OF EVIDENCE.
  (4)  HAVE  ACCESS AS ANY PARTY, OTHER THAN STAFF, TO ALL RECORDS GATH-
ERED BY THE DEPARTMENT INCLUDING NONPRIVILEGED MATERIAL WHICH  IS  RELE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06849-01-5

A. 7991                             2

VANT  TO  THE  SUBJECT  MATTER  INVOLVED  IN SUCH PROCEEDINGS BEFORE THE
DEPARTMENT.
  (5)  RECOMMEND  INSURANCE-RELATED  LEGISLATION  TO  THE LEGISLATURE IN
CONSULTATION WITH THE DEPARTMENT OF STATE THAT  IN  ITS  JUDGMENT  WOULD
POSITIVELY AFFECT THE INTERESTS OF CONSUMERS.
  THE  OFFICE  SHALL  NOT PREEMPT THE APPEARANCE OF OTHER CONSUMER ADVO-
CATES AT ANY OFFICIAL PROCEEDINGS.
  (C) THE OFFICE SHALL BE FUNDED BY  AN  ASSESSMENT  UPON  ALL  DOMESTIC
INSURERS AND ALL LICENSED UNITED STATES BRANCHES OF ALIEN INSURERS DOMI-
CILED  IN  THIS  STATE  IN THE SAME MANNER AS SUCH INSURERS ARE ASSESSED
PURSUANT TO SECTION THREE HUNDRED THIRTY-THREE  OF  THIS  CHAPTER.  SUCH
ASSESSMENT  SHALL BE FOR THE PURPOSE OF DEFRAYING THE COSTS OF CREATING,
ADMINISTERING AND OPERATING THE OFFICE.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

senate Bill S4998A

2015-2016 Legislative Session

Relates to a partial abatement of real property taxes for condominiums and cooperatives in a city having a population of one million or more

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to cities
May 19, 2015 print number 4998a
amend and recommit to cities
Apr 28, 2015 referred to cities

Bill Amendments

S4998
S4998A
S4998
S4998A

Co-Sponsors

S4998 - Bill Details

Current Committee:
Senate Cities
Law Section:
Real Property Tax Law
Laws Affected:
Amd §467-a, RPT L

S4998 - Bill Texts

view summary

Relates to a partial abatement of real property taxes for condominiums and cooperatives in a city having a population of one million or more; establishes when partial abatements are available for calendar years 2015-2019.

view sponsor memo
BILL NUMBER:S4998

TITLE OF BILL: An act to amend the real property tax law, in relation
to a partial abatement of real property taxes for condominiums and
cooperatives in a city having a population of one million or more

PURPOSE: To extend for five years a real property tax abatement
program for cooperative and condominium units in cities of one million
or more, to address the inequitable tax treatment of co-op and condo
owners

SUMMARY OF PROVISIONS: Extends the abatement program for five
additional years (for FY commencing 2015, 2016, 2017, 2018, 2019).
Paragraphs d-1 through d-4 provide the benefit schedule for dwelling
units that serve as the primary residence of their unit owner and up
to two additional units located within the same property that are also
owned by such owner.

The benefits are as follows:

o For fiscal years commencing in 2015, 2016, 2017, 2018, 2019,
dwelling units in property whose average unit assessed value is less
than or equal to $50,000 shall receive a partial abatement of 28.1%.

o In fiscal years commencing in 2015, 2016, 2017, 2018, 2019, dwelling
units in property whose average unit assessed value is more than
$50,000, but less than or equal to $55,000, shall receive a partial
abatement 25.2%.

o In fiscal years commencing in 2015, 2016, 2017,2018,2019 dwelling
units in property whose average unit assessed value is more than
$55,000, but less than or equal to $60,000, shall receive a partial
abatement of 22.5%.

o In fiscal years commencing in 2015, 2016, 2017, 2018, 2019, dwelling
units in property whose average unit assessed value is more than
$60,000, shall receive a partial abatement of 17.5%.

JUSTIFICATION: It is well established that the real property tax
system in New York City burdens owners of co-op and condominium units
with significantly larger tax bills than the owners of comparably
valued one-, two- and three-family homes. Recognizing this inequity,
New York State authorized-- and the City of New York implemented -- a
partial property tax abatement program for co-op and condo owners
since 1996, which was extended through 2014. While the abatement is no
substitute for the long-overdue reform of tax policy to correct this
inequity, extending the current abatement program will at least
continue the current level of relief for hundreds of thousands of New
York City co-op and condo owners.

LEGISLATIVE HISTORY: Similar legislation has been adopted since 1996,
most recently S.7091 in 2012.

FISCAL IMPLICATIONS: None to the state

EFFECTIVE DATE: Immediately.


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

                                  4998

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 28, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the real property tax law,  in  relation  to  a  partial
  abatement  of real property taxes for condominiums and cooperatives in
  a city having a population of one million or more

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs (a) and (b) of subdivision 2 of section 467-a of
the  real property tax law, as amended by chapter 4 of the laws of 2013,
are amended to read as follows:
  (a) In a city having a population of one  million  or  more,  dwelling
units  owned  by  unit  owners  who, as of the applicable taxable status
date, own no more than three dwelling units in any one property held  in
the  condominium  form  of  ownership,  shall  be  eligible to receive a
partial abatement of real property taxes, as  set  forth  in  paragraphs
(c),  (d),  (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this subdivi-
sion; provided, however, that a property held in the condominium form of
ownership that is  receiving  complete  or  partial  real  property  tax
exemption or tax abatement pursuant to any other provision of this chap-
ter or any other state or local law, except as provided in paragraph (f)
of  this  subdivision, shall not be eligible to receive a partial abate-
ment pursuant to this section;  and  provided,  further,  that  sponsors
shall  not  be  eligible to receive a partial abatement pursuant to this
section; and provided, further, that in the fiscal  year  commencing  in
calendar years two thousand [twelve, two thousand thirteen, or two thou-
sand  fourteen]  FIFTEEN,  TWO THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN,
TWO THOUSAND EIGHTEEN OR TWO THOUSAND NINETEEN, no more than  a  maximum
of  three  dwelling  units owned by any unit owner in a single building,
one of which must be the primary residence of such unit owner, shall  be
eligible  to  receive  a partial abatement pursuant to paragraphs (d-1),
(d-2), (d-3) and (d-4) of this section.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10648-01-5

S. 4998                             2

  (b) In a city having a population of one  million  or  more,  dwelling
units  owned  by  tenant-stockholders  who, as of the applicable taxable
status date, own no more than three dwelling units in any  one  property
held  in the cooperative form of ownership, shall be eligible to receive
a  partial  abatement of real property taxes, as set forth in paragraphs
(c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of  this  subdivi-
sion; provided, however, that a property held in the cooperative form of
ownership  that  is  receiving  complete  or  partial  real property tax
exemption or tax abatement pursuant to any other provision of this chap-
ter or any other state or local law, except as provided in paragraph (f)
of this subdivision, shall not be eligible to receive a  partial  abate-
ment  pursuant  to  this  section;  and provided, further, that sponsors
shall not be eligible to receive a partial abatement  pursuant  to  this
section;  and  provided,  further, that in the fiscal year commencing in
calendar years two thousand [twelve, two thousand thirteen or two  thou-
sand  fourteen]  FIFTEEN,  TWO THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN,
TWO THOUSAND EIGHTEEN OR TWO THOUSAND NINETEEN, no more than  a  maximum
of  three  dwelling  units  owned  by any tenant-stockholder in a single
building, one of which must be the primary  residence  of  such  tenant-
stockholder,  shall  be eligible to receive a partial abatement pursuant
to paragraphs (d-1),  (d-2),  (d-3)  and  (d-4)  of  this  section.  For
purposes  of  this section, a tenant-stockholder of a cooperative apart-
ment corporation shall be deemed to  own  the  dwelling  unit  which  is
represented  by  his  or  her  shares  of stock in such corporation. Any
abatement so granted shall be credited by the appropriate taxing author-
ity against the tax due on the property as a  whole.  The  reduction  in
real  property  taxes  received thereby shall be credited by the cooper-
ative apartment corporation against the amount of such  taxes  attribut-
able to eligible dwelling units at the time of receipt.
  S  2. Paragraphs (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of subdi-
vision 2 of section 467-a of the real property  tax  law,  as  added  by
chapter 4 of the laws of 2013, are amended to read as follows:
  (d-1)  In  the  fiscal  years commencing in calendar year two thousand
[twelve, two thousand thirteen and two thousand fourteen]  FIFTEEN,  TWO
THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN, AND TWO
THOUSAND  NINETEEN,  eligible  dwelling  units in property whose average
unit assessed value is less than or  equal  to  fifty  thousand  dollars
shall  receive  a partial abatement of the real property taxes attribut-
able to or due on such dwelling units of twenty-five percent, twenty-six
and one-half percent and twenty-eight and one-tenth percent  respective-
ly.
  (d-2)  In  the  fiscal  years commencing in calendar year two thousand
[twelve, two thousand thirteen and two thousand fourteen]  FIFTEEN,  TWO
THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN, AND TWO
THOUSAND  NINETEEN,  eligible  dwelling  units in property whose average
unit assessed value is more than fifty thousand dollars, but  less  than
or  equal to fifty-five thousand dollars, shall receive a partial abate-
ment of the real property taxes attributable to or due on such  dwelling
units  of twenty-two and one-half percent, twenty-three and eight-tenths
percent and twenty-five and two-tenths percent respectively.
  (d-3) In the fiscal years commencing in  calendar  year  two  thousand
[twelve,  two  thousand thirteen and two thousand fourteen] FIFTEEN, TWO
THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN, AND TWO
THOUSAND NINETEEN, eligible dwelling units  in  property  whose  average
unit  assessed  value is more than fifty-five thousand dollars, but less
than or equal to sixty thousand dollars, shall receive a partial  abate-

S. 4998                             3

ment  of the real property taxes attributable to or due on such dwelling
units of twenty percent, twenty-one and two-tenths percent, and  twenty-
two and five-tenths percent respectively.
  (d-4)  In  the  fiscal  years commencing in calendar year two thousand
[twelve, two thousand thirteen and two thousand fourteen]  FIFTEEN,  TWO
THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN, AND TWO
THOUSAND  NINETEEN,  eligible  dwelling  units in property whose average
unit assessed value is more than sixty thousand dollars shall receive  a
partial  abatement  of the real property taxes attributable to or due on
such dwelling units of seventeen and one-half percent.
  (d-5) In the fiscal years commencing in  calendar  year  two  thousand
[twelve  and  two  thousand thirteen] FIFTEEN, TWO THOUSAND SIXTEEN, TWO
THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN, AND  TWO  THOUSAND  NINETEEN,
dwelling  units  that  received an abatement pursuant to this section in
the fiscal year commencing in calendar year  two  thousand  eleven,  and
that  are not eligible to receive benefits under paragraph (d-1), (d-2),
(d-3), or (d-4) of this subdivision and that are located in  a  property
that  has  an  average unit assessed value that is less than or equal to
fifteen thousand dollars shall receive a partial abatement of  the  real
property  taxes  attributable to or due on such dwelling units of twelve
and one half percent, and six and twenty-five hundredths percent respec-
tively.  Provided, however, that no such abatement shall be allowed  for
any  fiscal  year  commencing  in  calendar year two thousand [fourteen]
TWENTY or later.
  (d-6) In the fiscal years commencing in  calendar  year  two  thousand
[twelve  and  two  thousand thirteen] FIFTEEN, TWO THOUSAND SIXTEEN, TWO
THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN, AND  TWO  THOUSAND  NINETEEN,
dwelling  units  that  received an abatement pursuant to this section in
the fiscal year commencing in calendar year  two  thousand  eleven,  and
that  are not eligible to receive benefits under paragraph (d-1), (d-2),
(d-3), or (d-4) of this subdivision and that are located in  a  property
that  has  an  average  unit assessed value that is greater than fifteen
thousand dollars shall receive a partial abatement of the real  property
taxes  attributable to or due on such dwelling units of eight and seven-
ty-five hundredths percent, and  four  and  three  hundred  seventy-five
thousandths percent respectively. Provided, however, that no such abate-
ment shall be allowed, for any fiscal year in calendar year two thousand
[fourteen] TWENTY or later.
  S 3. Subdivision 3-e of section 467-a of the real property tax law, as
added by chapter 4 of the laws of 2013, is amended to read as follows:
  3-e.  (a)  An  applicant  whose  property did not receive an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand eleven shall submit an application for an abatement  pursu-
ant  to  this  section for the fiscal years commencing in calendar years
two thousand [twelve and two thousand thirteen]  FIFTEEN,  TWO  THOUSAND
SIXTEEN, TWO THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN, AND TWO THOUSAND
NINETEEN in accordance with paragraph (e) of this subdivision.
  (b)  The abatement for the fiscal year commencing in calendar year two
thousand [twelve] FIFTEEN of a cooperative  apartment  corporation  that
received  an  abatement  pursuant  to  this  section for the fiscal year
commencing in calendar year two  thousand  [eleven]  FOURTEEN  and  that
submitted  an  information  return  on or before February fifteenth, two
thousand [twelve] FIFTEEN, that included an election  by  the  board  of
directors  of  such cooperative apartment corporation that such informa-
tion return be deemed an application for an abatement pursuant  to  this

S. 4998                             4

section  for  such  fiscal  year,  shall  be  based  on  the information
contained in such information return.
  (c)  The abatement for the fiscal year commencing in calendar year two
thousand twelve of a cooperative apartment corporation that received  an
abatement  pursuant  to  this  section for the fiscal year commencing in
calendar year two thousand  [eleven]  FOURTEEN  and  that  submitted  an
information  return  on  or  before  February  fifteenth,  two  thousand
[twelve] FIFTEEN, that did not include  an  election  by  the  board  of
directors  of  such cooperative apartment corporation that such informa-
tion return be deemed an application for an abatement pursuant  to  this
section  for  such  fiscal  year,  shall  be  based  on  the information
contained in the application submitted in two thousand [eleven] FOURTEEN
or on the information contained in such  information  return,  or  both,
provided  that  nothing in this paragraph shall authorize or require the
commissioner of finance to grant an abatement with respect to a property
or a dwelling unit that is not eligible as  of  the  applicable  taxable
status date for the fiscal year commencing in calendar year two thousand
[twelve] FIFTEEN.
  (d)  The board of managers of a condominium that received an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand [eleven] FOURTEEN shall submit an application for an abate-
ment pursuant to this section for the fiscal year commencing in calendar
year two thousand [twelve] FIFTEEN no later than  sixty  days  following
the effective date of the chapter of the laws of two thousand [thirteen]
FIFTEEN  that  [added this subdivision] AMENDED THIS PARAGRAPH.  If such
board of managers does not submit such  application  within  sixty  days
following  the  effective  date of [the] SUCH chapter of the laws of two
thousand [thirteen that added this subdivision] FIFTEEN, then the abate-
ment for the fiscal  year  commencing  in  calendar  year  two  thousand
[twelve]  FIFTEEN for such condominium shall be based on the information
contained  in  the  application  submitted  in  two  thousand   [eleven]
FOURTEEN,  provided  that  nothing  in this paragraph shall authorize or
require the commissioner of finance to grant an abatement  with  respect
to a property or a dwelling unit that is not eligible as of the applica-
ble  taxable status date for the fiscal year commencing in calendar year
two thousand [twelve] FIFTEEN.
  (e) Notwithstanding paragraphs (a), (b), (c) and (d) of this  subdivi-
sion  or  any  other  inconsistent provision of law, the commissioner of
finance may require each applicant for an abatement for the fiscal years
commencing in calendar years two thousand [twelve and two thousand thir-
teen] FIFTEEN, TWO THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN,  TWO  THOU-
SAND  EIGHTEEN  AND  TWO THOUSAND NINETEEN to submit an application by a
date and in a form determined by such commissioner and such commissioner
may deny abatements pursuant to this section for failure to submit  such
application  by  such  date  provided that such date shall be no earlier
than thirty days following the date on which the  commissioner  releases
the application form.
  S 4. This act shall take effect immediately.

Co-Sponsors

S4998A - Bill Details

Current Committee:
Senate Cities
Law Section:
Real Property Tax Law
Laws Affected:
Amd §467-a, RPT L

S4998A - Bill Texts

view summary

Relates to a partial abatement of real property taxes for condominiums and cooperatives in a city having a population of one million or more; establishes when partial abatements are available for calendar years 2015-2019.

view sponsor memo
BILL NUMBER:S4998A

TITLE OF BILL:

An act to amend the real property tax law, in relation to a partial
abatement of real property taxes for condominiums and cooperatives in
a city having a population of one million or more

PURPOSE:

To extend for five years a real property tax abatement program for
cooperative and condominium units in cities of one million or more, to
address the inequitable tax treatment of co op and condo owners.

SUMMARY OF PROVISIONS:

Extends the abatement program for five additional years (for FY
commencing 2015, 2016, 2017, 2018, 2019). Paragraphs d-1 through d-4
provide the benefit schedule for dwelling units that serve as the
primary residence of their unit owner and up to two additional units
located within the same property that are also owned by such owner.

The benefits are as follows:

o For fiscal years commencing in 2015, 2016, 2017, 2018, 2019,
dwelling units in property whose average unit assessed value is less
than or equal to $50,000 shall receive a partial abatement of 28.1%.

o In fiscal years commencing in 2015, 2016, 2017, 2018, 2019, dwelling
units in property whose average unit assessed value is more than
$50,000, but less than or equal to $55,000, shall receive a partial
abatement 25.2%

o In fiscal years commencing in 2015,2016,2017,2018,2019 dwelling
units in property whose average unit assessed value is more than
$55,000, but less than or equal to $60,000, shall receive a partial
abatement of 22.5%.

o In fiscal years commencing in 2015, 2016, 2017, 2018, 2019, dwelling
units in property whose average unit assessed value is more than
$60,000, shall receive a partial abatement of 17.5%

JUSTIFICATION:

It is well established that the real property tax system in New York
City burdens owners of co-op and condominium units with significantly
larger tax bills than the owners of comparably valued one-, two- and
three-family homes. Recognizing this inequity, New York State
authorized and the City of New York implemented -- a partial property
tax abatement program for co-op and condo owner's since 1996. which
was extended through 2014. While the abatement is no substitute for
the long-overdue reform of tax policy to correct this inequity,
extending the current abatement program will at least continue the
current level of relief for hundreds of thousands of New York City
co-op and condo owners.

LEGISLATIVE HISTORY:


Similar legislation has been adopted since 1996, most recently S.7091
in 2012

FISCAL IMPLICATIONS:

None to the state

EFFECTIVE DATE:

Immediately

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

                                 4998--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 28, 2015
                               ___________

Introduced  by  Sens. GOLDEN, KRUEGER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cities -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to  amend  the  real property tax law, in relation to a partial
  abatement of real property taxes for condominiums and cooperatives  in
  a city having a population of one million or more

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs (a) and (b) of subdivision 2 of section 467-a of
the real property tax law, as amended by chapter 4 of the laws of  2013,
are amended to read as follows:
  (a)  In  a  city  having a population of one million or more, dwelling
units owned by unit owners who, as  of  the  applicable  taxable  status
date,  own no more than three dwelling units in any one property held in
the condominium form of  ownership,  shall  be  eligible  to  receive  a
partial  abatement  of  real  property taxes, as set forth in paragraphs
(c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of  this  subdivi-
sion; provided, however, that a property held in the condominium form of
ownership  that  is  receiving  complete  or  partial  real property tax
exemption or tax abatement pursuant to any other provision of this chap-
ter or any other state or local law, except as provided in paragraph (f)
of this subdivision, shall not be eligible to receive a  partial  abate-
ment  pursuant  to  this  section;  and provided, further, that sponsors
shall not be eligible to receive a partial abatement  pursuant  to  this
section; and provided, further, that in the fiscal [year] YEARS commenc-
ing  in  calendar years two thousand twelve, two thousand thirteen, [or]
two thousand fourteen, TWO THOUSAND FIFTEEN, TWO THOUSAND  SIXTEEN,  TWO
THOUSAND  SEVENTEEN,  TWO THOUSAND EIGHTEEN OR TWO THOUSAND NINETEEN, no
more than a maximum of three dwelling units owned by any unit owner in a
single building, one of which must be the primary residence of such unit

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10648-02-5

S. 4998--A                          2

owner, shall be eligible to receive  a  partial  abatement  pursuant  to
paragraphs (d-1), (d-2), (d-3) and (d-4) of this [section] SUBDIVISION.
  (b)  In  a  city  having a population of one million or more, dwelling
units owned by tenant-stockholders who, as  of  the  applicable  taxable
status  date,  own no more than three dwelling units in any one property
held in the cooperative form of ownership, shall be eligible to  receive
a  partial  abatement of real property taxes, as set forth in paragraphs
(c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of  this  subdivi-
sion; provided, however, that a property held in the cooperative form of
ownership  that  is  receiving  complete  or  partial  real property tax
exemption or tax abatement pursuant to any other provision of this chap-
ter or any other state or local law, except as provided in paragraph (f)
of this subdivision, shall not be eligible to receive a  partial  abate-
ment  pursuant  to  this  section;  and provided, further, that sponsors
shall not be eligible to receive a partial abatement  pursuant  to  this
section; and provided, further, that in the fiscal [year] YEARS commenc-
ing  in  calendar  years two thousand twelve, two thousand thirteen [or]
two thousand fourteen, TWO THOUSAND FIFTEEN, TWO THOUSAND  SIXTEEN,  TWO
THOUSAND  SEVENTEEN,  TWO THOUSAND EIGHTEEN OR TWO THOUSAND NINETEEN, no
more than a maximum of three dwelling units owned by  any  tenant-stock-
holder  in a single building, one of which must be the primary residence
of such tenant-stockholder, shall  be  eligible  to  receive  a  partial
abatement  pursuant  to paragraphs (d-1), (d-2), (d-3) and (d-4) of this
[section] SUBDIVISION.  For purposes of this  section,  a  tenant-stock-
holder of a cooperative apartment corporation shall be deemed to own the
dwelling unit which is represented by his or her shares of stock in such
corporation. Any abatement so granted shall be credited by the appropri-
ate taxing authority against the tax due on the property as a whole. The
reduction  in  real property taxes received thereby shall be credited by
the cooperative apartment corporation against the amount of  such  taxes
attributable to eligible dwelling units at the time of receipt.
  S  2.  Paragraphs  (d-1),  (d-2),  (d-3) and (d-4) of subdivision 2 of
section 467-a of the real property tax law, as added by chapter 4 of the
laws of 2013, are amended to read as follows:
  (d-1) In the fiscal years commencing  in  calendar  [year]  YEARS  two
thousand twelve, two thousand thirteen and two thousand fourteen, eligi-
ble dwelling units in property whose average unit assessed value is less
than  or  equal to fifty thousand dollars shall receive a partial abate-
ment of the real property taxes attributable to or due on such  dwelling
units  of twenty-five percent, twenty-six and one-half percent and twen-
ty-eight and one-tenth  percent  respectively.    IN  THE  FISCAL  YEARS
COMMENCING IN CALENDAR YEARS TWO THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN,
TWO THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN AND TWO THOUSAND NINETEEN,
ELIGIBLE DWELLING UNITS IN PROPERTY WHOSE AVERAGE UNIT ASSESSED VALUE IS
LESS  THAN  OR  EQUAL  TO FIFTY THOUSAND DOLLARS SHALL RECEIVE A PARTIAL
ABATEMENT OF THE REAL PROPERTY TAXES ATTRIBUTABLE  TO  OR  DUE  ON  SUCH
DWELLING UNITS OF TWENTY-EIGHT AND ONE-TENTH PERCENT.
  (d-2)  In  the  fiscal  years  commencing in calendar [year] YEARS two
thousand twelve, two thousand thirteen and two thousand fourteen, eligi-
ble dwelling units in property whose average unit assessed value is more
than fifty thousand dollars, but less than or equal to fifty-five  thou-
sand  dollars,  shall  receive  a partial abatement of the real property
taxes attributable to or due on such dwelling units  of  twenty-two  and
one-half  percent, twenty-three and eight-tenths percent and twenty-five
and two-tenths percent respectively.  IN THE FISCAL YEARS COMMENCING  IN
CALENDAR  YEARS TWO THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN, TWO THOUSAND

S. 4998--A                          3

SEVENTEEN, TWO THOUSAND EIGHTEEN AND  TWO  THOUSAND  NINETEEN,  ELIGIBLE
DWELLING  UNITS  IN  PROPERTY  WHOSE AVERAGE UNIT ASSESSED VALUE IS LESS
THAN OR EQUAL TO FIFTY THOUSAND DOLLARS SHALL RECEIVE A  PARTIAL  ABATE-
MENT  OF THE REAL PROPERTY TAXES ATTRIBUTABLE TO OR DUE ON SUCH DWELLING
UNITS OF TWENTY-FIVE AND TWO-TENTHS PERCENT.
  (d-3) In the fiscal years commencing  in  calendar  [year]  YEARS  two
thousand twelve, two thousand thirteen and two thousand fourteen, eligi-
ble dwelling units in property whose average unit assessed value is more
than  fifty-five thousand dollars, but less than or equal to sixty thou-
sand dollars, shall receive a partial abatement  of  the  real  property
taxes  attributable  to or due on such dwelling units of twenty percent,
twenty-one  and  two-tenths  percent,  and  twenty-two  and  five-tenths
percent  respectively.  IN THE FISCAL YEARS COMMENCING IN CALENDAR YEARS
TWO THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN,  TWO
THOUSAND  EIGHTEEN AND TWO THOUSAND NINETEEN, ELIGIBLE DWELLING UNITS IN
PROPERTY WHOSE AVERAGE UNIT ASSESSED VALUE IS  LESS  THAN  OR  EQUAL  TO
FIFTY  THOUSAND  DOLLARS  SHALL  RECEIVE A PARTIAL ABATEMENT OF THE REAL
PROPERTY TAXES ATTRIBUTABLE TO OR DUE ON SUCH DWELLING UNITS OF  TWENTY-
TWO AND FIVE-TENTHS PERCENT.
  (d-4)  In  the  fiscal  years  commencing in calendar [year] YEARS two
thousand twelve, two thousand thirteen and two  thousand  fourteen,  TWO
THOUSAND  FIFTEEN,  TWO  THOUSAND  SIXTEEN,  TWO THOUSAND SEVENTEEN, TWO
THOUSAND EIGHTEEN, AND TWO THOUSAND NINETEEN, eligible dwelling units in
property whose average unit assessed value is more than  sixty  thousand
dollars  shall  receive  a  partial abatement of the real property taxes
attributable to or due on such dwelling units of seventeen and  one-half
percent.
  S 3.  Paragraphs (a), (b) and (c) of subdivision 3 of section 467-a of
the  real property tax law, as amended by chapter 4 of the laws of 2013,
are amended to read as follows:
  (a) An application for an abatement pursuant to this section  for  the
fiscal  year  commencing  in  calendar  year nineteen hundred ninety-six
shall be made no later than the fifteenth  day  of  September,  nineteen
hundred  ninety-six.  An  application  for an abatement pursuant to this
section for the fiscal year commencing in calendar year nineteen hundred
ninety-seven shall be made no later than the first day of  April,  nine-
teen  hundred  ninety-seven. An application for an abatement pursuant to
this section for the fiscal year commencing in  calendar  year  nineteen
hundred ninety-eight shall be made no later than the first day of April,
nineteen  hundred ninety-eight. An application for an abatement pursuant
to this section for the fiscal year commencing in calendar year nineteen
hundred ninety-nine shall be made in accordance  with  this  subdivision
and subdivision three-a of this section. An application for an abatement
pursuant to this section for the fiscal year commencing in calendar year
two  thousand shall be made no later than the fifteenth day of February,
two thousand. An application for an abatement pursuant to  this  section
for  the  fiscal year commencing in calendar year two thousand one shall
be made in accordance with this subdivision and subdivision  three-b  of
this  section.  An application for an abatement pursuant to this section
for the fiscal year commencing in calendar year two thousand  two  shall
be  made  no later than the fifteenth day of February, two thousand two.
An application for an abatement pursuant to this section for the  fiscal
year  commencing  in  calendar  year two thousand three shall be made no
later than the fifteenth day of February, two thousand three. An  appli-
cation  for  an  abatement  pursuant to this section for the fiscal year
commencing in calendar year two thousand four shall be made  in  accord-

S. 4998--A                          4

ance  with  this subdivision and subdivision three-c of this section. An
application for an abatement pursuant to this  section  for  the  fiscal
year  commencing  in  calendar  year  two thousand five shall be made no
later than the fifteenth day of February, two thousand five. An applica-
tion  for  an  abatement  pursuant  to  this section for the fiscal year
commencing in calendar year two thousand six shall be made no later than
the fifteenth day of February, two thousand six. An application  for  an
abatement  pursuant  to  this  section for the fiscal year commencing in
calendar year two thousand  seven  shall  be  made  no  later  than  the
fifteenth day of February, two thousand seven. An application for abate-
ment pursuant to this section for the fiscal year commencing in calendar
year  two  thousand eight shall be made in accordance with this subdivi-
sion and subdivision three-d of this  section.  An  application  for  an
abatement  pursuant  to  this  section for the fiscal year commencing in
calendar year two  thousand  nine  shall  be  made  no  later  than  the
fifteenth  day  of  February,  two  thousand nine. An application for an
abatement pursuant to this section for the  fiscal  year  commencing  in
calendar year two thousand ten shall be made no later than the fifteenth
day  of  February,  two  thousand  ten.  An application for an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand eleven shall be made no later than  the  fifteenth  day  of
February,  two thousand eleven. An application for an abatement pursuant
to this section for the fiscal years commencing in  calendar  years  two
thousand  twelve  and  two thousand thirteen shall be made in accordance
with subdivision three-e of this section. The date  or  dates  by  which
applications for an abatement pursuant to this section shall be made for
the  fiscal  year beginning in calendar year two thousand fourteen shall
be established by the commissioner of finance  by  rule,  provided  that
such date or dates shall not be later than the fifteenth day of February
for  such  calendar year. APPLICATIONS FOR AN ABATEMENT PURSUANT TO THIS
SECTION FOR THE FISCAL YEARS COMMENCING IN CALENDAR YEARS  TWO  THOUSAND
FIFTEEN,  TWO  THOUSAND SIXTEEN AND TWO THOUSAND SEVENTEEN SHALL BE MADE
NO LATER THAN THE FIFTEENTH DAY OF MARCH FOR  EACH  RESPECTIVE  CALENDAR
YEAR.
  (b) (I) An application for an abatement pursuant to this section shall
be  submitted to the commissioner of finance by the board of managers of
a condominium or the board  of  directors  of  a  cooperative  apartment
corporation,  provided  that  the  commissioner  of  finance may by rule
require the owner of a dwelling unit to submit an application to supple-
ment information contained in the application submitted by the board  of
managers  of  a  condominium  or the board of directors of a cooperative
apartment corporation and may by rule apply and adjust, as  appropriate,
any  provisions of this section that relate to applications submitted by
such boards to applications submitted by such owners.
  (II) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH OR  ANY  OTHER
PROVISION  OF  LAW  TO  THE CONTRARY, THE COMMISSIONER OF FINANCE MAY BY
RULE REQUIRE THAT APPLICATIONS BE  SUBMITTED  BY  DWELLING  UNIT  OWNERS
INSTEAD  OF, OR IN ADDITION TO, THOSE SUBMITTED BY THE BOARD OF MANAGERS
OF A CONDOMINIUM OR THE BOARD OF DIRECTORS OF  A  COOPERATIVE  APARTMENT
CORPORATION  FOR  APPLICATIONS  FOR  FISCAL YEARS COMMENCING IN CALENDAR
YEAR TWO THOUSAND FIFTEEN OR LATER.
  (c) (I) No abatement pursuant to this section shall be granted  unless
the  applicant  files  an  application  for an abatement within the time
periods prescribed in paragraph (a) of this subdivision  or  subdivision
three-a, three-b, three-c, three-d or three-e of this section, provided,

S. 4998--A                          5

however,  that  the  commissioner  of finance may, for good cause shown,
extend the time for filing an application.
  (II)  NOTWITHSTANDING  SUBPARAGRAPH (I) OF THIS PARAGRAPH OR ANY OTHER
PROVISION OF LAW TO  THE  CONTRARY,  THE  COMMISSIONER  OF  FINANCE  MAY
PROVIDE  BY  RULE  THAT  APPLICATIONS ARE NOT REQUIRED TO BE FILED ON AN
ANNUAL BASIS.
  S 4. This act shall take effect immediately.

senate Bill S4998

2015-2016 Legislative Session

Relates to a partial abatement of real property taxes for condominiums and cooperatives in a city having a population of one million or more

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to cities
May 19, 2015 print number 4998a
amend and recommit to cities
Apr 28, 2015 referred to cities

Bill Amendments

S4998
S4998A
S4998
S4998A

Co-Sponsors

S4998 - Bill Details

Current Committee:
Senate Cities
Law Section:
Real Property Tax Law
Laws Affected:
Amd §467-a, RPT L

S4998 - Bill Texts

view summary

Relates to a partial abatement of real property taxes for condominiums and cooperatives in a city having a population of one million or more; establishes when partial abatements are available for calendar years 2015-2019.

view sponsor memo
BILL NUMBER:S4998

TITLE OF BILL: An act to amend the real property tax law, in relation
to a partial abatement of real property taxes for condominiums and
cooperatives in a city having a population of one million or more

PURPOSE: To extend for five years a real property tax abatement
program for cooperative and condominium units in cities of one million
or more, to address the inequitable tax treatment of co-op and condo
owners

SUMMARY OF PROVISIONS: Extends the abatement program for five
additional years (for FY commencing 2015, 2016, 2017, 2018, 2019).
Paragraphs d-1 through d-4 provide the benefit schedule for dwelling
units that serve as the primary residence of their unit owner and up
to two additional units located within the same property that are also
owned by such owner.

The benefits are as follows:

o For fiscal years commencing in 2015, 2016, 2017, 2018, 2019,
dwelling units in property whose average unit assessed value is less
than or equal to $50,000 shall receive a partial abatement of 28.1%.

o In fiscal years commencing in 2015, 2016, 2017, 2018, 2019, dwelling
units in property whose average unit assessed value is more than
$50,000, but less than or equal to $55,000, shall receive a partial
abatement 25.2%.

o In fiscal years commencing in 2015, 2016, 2017,2018,2019 dwelling
units in property whose average unit assessed value is more than
$55,000, but less than or equal to $60,000, shall receive a partial
abatement of 22.5%.

o In fiscal years commencing in 2015, 2016, 2017, 2018, 2019, dwelling
units in property whose average unit assessed value is more than
$60,000, shall receive a partial abatement of 17.5%.

JUSTIFICATION: It is well established that the real property tax
system in New York City burdens owners of co-op and condominium units
with significantly larger tax bills than the owners of comparably
valued one-, two- and three-family homes. Recognizing this inequity,
New York State authorized-- and the City of New York implemented -- a
partial property tax abatement program for co-op and condo owners
since 1996, which was extended through 2014. While the abatement is no
substitute for the long-overdue reform of tax policy to correct this
inequity, extending the current abatement program will at least
continue the current level of relief for hundreds of thousands of New
York City co-op and condo owners.

LEGISLATIVE HISTORY: Similar legislation has been adopted since 1996,
most recently S.7091 in 2012.

FISCAL IMPLICATIONS: None to the state

EFFECTIVE DATE: Immediately.


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

                                  4998

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 28, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the real property tax law,  in  relation  to  a  partial
  abatement  of real property taxes for condominiums and cooperatives in
  a city having a population of one million or more

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs (a) and (b) of subdivision 2 of section 467-a of
the  real property tax law, as amended by chapter 4 of the laws of 2013,
are amended to read as follows:
  (a) In a city having a population of one  million  or  more,  dwelling
units  owned  by  unit  owners  who, as of the applicable taxable status
date, own no more than three dwelling units in any one property held  in
the  condominium  form  of  ownership,  shall  be  eligible to receive a
partial abatement of real property taxes, as  set  forth  in  paragraphs
(c),  (d),  (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this subdivi-
sion; provided, however, that a property held in the condominium form of
ownership that is  receiving  complete  or  partial  real  property  tax
exemption or tax abatement pursuant to any other provision of this chap-
ter or any other state or local law, except as provided in paragraph (f)
of  this  subdivision, shall not be eligible to receive a partial abate-
ment pursuant to this section;  and  provided,  further,  that  sponsors
shall  not  be  eligible to receive a partial abatement pursuant to this
section; and provided, further, that in the fiscal  year  commencing  in
calendar years two thousand [twelve, two thousand thirteen, or two thou-
sand  fourteen]  FIFTEEN,  TWO THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN,
TWO THOUSAND EIGHTEEN OR TWO THOUSAND NINETEEN, no more than  a  maximum
of  three  dwelling  units owned by any unit owner in a single building,
one of which must be the primary residence of such unit owner, shall  be
eligible  to  receive  a partial abatement pursuant to paragraphs (d-1),
(d-2), (d-3) and (d-4) of this section.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10648-01-5

S. 4998                             2

  (b) In a city having a population of one  million  or  more,  dwelling
units  owned  by  tenant-stockholders  who, as of the applicable taxable
status date, own no more than three dwelling units in any  one  property
held  in the cooperative form of ownership, shall be eligible to receive
a  partial  abatement of real property taxes, as set forth in paragraphs
(c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of  this  subdivi-
sion; provided, however, that a property held in the cooperative form of
ownership  that  is  receiving  complete  or  partial  real property tax
exemption or tax abatement pursuant to any other provision of this chap-
ter or any other state or local law, except as provided in paragraph (f)
of this subdivision, shall not be eligible to receive a  partial  abate-
ment  pursuant  to  this  section;  and provided, further, that sponsors
shall not be eligible to receive a partial abatement  pursuant  to  this
section;  and  provided,  further, that in the fiscal year commencing in
calendar years two thousand [twelve, two thousand thirteen or two  thou-
sand  fourteen]  FIFTEEN,  TWO THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN,
TWO THOUSAND EIGHTEEN OR TWO THOUSAND NINETEEN, no more than  a  maximum
of  three  dwelling  units  owned  by any tenant-stockholder in a single
building, one of which must be the primary  residence  of  such  tenant-
stockholder,  shall  be eligible to receive a partial abatement pursuant
to paragraphs (d-1),  (d-2),  (d-3)  and  (d-4)  of  this  section.  For
purposes  of  this section, a tenant-stockholder of a cooperative apart-
ment corporation shall be deemed to  own  the  dwelling  unit  which  is
represented  by  his  or  her  shares  of stock in such corporation. Any
abatement so granted shall be credited by the appropriate taxing author-
ity against the tax due on the property as a  whole.  The  reduction  in
real  property  taxes  received thereby shall be credited by the cooper-
ative apartment corporation against the amount of such  taxes  attribut-
able to eligible dwelling units at the time of receipt.
  S  2. Paragraphs (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of subdi-
vision 2 of section 467-a of the real property  tax  law,  as  added  by
chapter 4 of the laws of 2013, are amended to read as follows:
  (d-1)  In  the  fiscal  years commencing in calendar year two thousand
[twelve, two thousand thirteen and two thousand fourteen]  FIFTEEN,  TWO
THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN, AND TWO
THOUSAND  NINETEEN,  eligible  dwelling  units in property whose average
unit assessed value is less than or  equal  to  fifty  thousand  dollars
shall  receive  a partial abatement of the real property taxes attribut-
able to or due on such dwelling units of twenty-five percent, twenty-six
and one-half percent and twenty-eight and one-tenth percent  respective-
ly.
  (d-2)  In  the  fiscal  years commencing in calendar year two thousand
[twelve, two thousand thirteen and two thousand fourteen]  FIFTEEN,  TWO
THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN, AND TWO
THOUSAND  NINETEEN,  eligible  dwelling  units in property whose average
unit assessed value is more than fifty thousand dollars, but  less  than
or  equal to fifty-five thousand dollars, shall receive a partial abate-
ment of the real property taxes attributable to or due on such  dwelling
units  of twenty-two and one-half percent, twenty-three and eight-tenths
percent and twenty-five and two-tenths percent respectively.
  (d-3) In the fiscal years commencing in  calendar  year  two  thousand
[twelve,  two  thousand thirteen and two thousand fourteen] FIFTEEN, TWO
THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN, AND TWO
THOUSAND NINETEEN, eligible dwelling units  in  property  whose  average
unit  assessed  value is more than fifty-five thousand dollars, but less
than or equal to sixty thousand dollars, shall receive a partial  abate-

S. 4998                             3

ment  of the real property taxes attributable to or due on such dwelling
units of twenty percent, twenty-one and two-tenths percent, and  twenty-
two and five-tenths percent respectively.
  (d-4)  In  the  fiscal  years commencing in calendar year two thousand
[twelve, two thousand thirteen and two thousand fourteen]  FIFTEEN,  TWO
THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN, AND TWO
THOUSAND  NINETEEN,  eligible  dwelling  units in property whose average
unit assessed value is more than sixty thousand dollars shall receive  a
partial  abatement  of the real property taxes attributable to or due on
such dwelling units of seventeen and one-half percent.
  (d-5) In the fiscal years commencing in  calendar  year  two  thousand
[twelve  and  two  thousand thirteen] FIFTEEN, TWO THOUSAND SIXTEEN, TWO
THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN, AND  TWO  THOUSAND  NINETEEN,
dwelling  units  that  received an abatement pursuant to this section in
the fiscal year commencing in calendar year  two  thousand  eleven,  and
that  are not eligible to receive benefits under paragraph (d-1), (d-2),
(d-3), or (d-4) of this subdivision and that are located in  a  property
that  has  an  average unit assessed value that is less than or equal to
fifteen thousand dollars shall receive a partial abatement of  the  real
property  taxes  attributable to or due on such dwelling units of twelve
and one half percent, and six and twenty-five hundredths percent respec-
tively.  Provided, however, that no such abatement shall be allowed  for
any  fiscal  year  commencing  in  calendar year two thousand [fourteen]
TWENTY or later.
  (d-6) In the fiscal years commencing in  calendar  year  two  thousand
[twelve  and  two  thousand thirteen] FIFTEEN, TWO THOUSAND SIXTEEN, TWO
THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN, AND  TWO  THOUSAND  NINETEEN,
dwelling  units  that  received an abatement pursuant to this section in
the fiscal year commencing in calendar year  two  thousand  eleven,  and
that  are not eligible to receive benefits under paragraph (d-1), (d-2),
(d-3), or (d-4) of this subdivision and that are located in  a  property
that  has  an  average  unit assessed value that is greater than fifteen
thousand dollars shall receive a partial abatement of the real  property
taxes  attributable to or due on such dwelling units of eight and seven-
ty-five hundredths percent, and  four  and  three  hundred  seventy-five
thousandths percent respectively. Provided, however, that no such abate-
ment shall be allowed, for any fiscal year in calendar year two thousand
[fourteen] TWENTY or later.
  S 3. Subdivision 3-e of section 467-a of the real property tax law, as
added by chapter 4 of the laws of 2013, is amended to read as follows:
  3-e.  (a)  An  applicant  whose  property did not receive an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand eleven shall submit an application for an abatement  pursu-
ant  to  this  section for the fiscal years commencing in calendar years
two thousand [twelve and two thousand thirteen]  FIFTEEN,  TWO  THOUSAND
SIXTEEN, TWO THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN, AND TWO THOUSAND
NINETEEN in accordance with paragraph (e) of this subdivision.
  (b)  The abatement for the fiscal year commencing in calendar year two
thousand [twelve] FIFTEEN of a cooperative  apartment  corporation  that
received  an  abatement  pursuant  to  this  section for the fiscal year
commencing in calendar year two  thousand  [eleven]  FOURTEEN  and  that
submitted  an  information  return  on or before February fifteenth, two
thousand [twelve] FIFTEEN, that included an election  by  the  board  of
directors  of  such cooperative apartment corporation that such informa-
tion return be deemed an application for an abatement pursuant  to  this

S. 4998                             4

section  for  such  fiscal  year,  shall  be  based  on  the information
contained in such information return.
  (c)  The abatement for the fiscal year commencing in calendar year two
thousand twelve of a cooperative apartment corporation that received  an
abatement  pursuant  to  this  section for the fiscal year commencing in
calendar year two thousand  [eleven]  FOURTEEN  and  that  submitted  an
information  return  on  or  before  February  fifteenth,  two  thousand
[twelve] FIFTEEN, that did not include  an  election  by  the  board  of
directors  of  such cooperative apartment corporation that such informa-
tion return be deemed an application for an abatement pursuant  to  this
section  for  such  fiscal  year,  shall  be  based  on  the information
contained in the application submitted in two thousand [eleven] FOURTEEN
or on the information contained in such  information  return,  or  both,
provided  that  nothing in this paragraph shall authorize or require the
commissioner of finance to grant an abatement with respect to a property
or a dwelling unit that is not eligible as  of  the  applicable  taxable
status date for the fiscal year commencing in calendar year two thousand
[twelve] FIFTEEN.
  (d)  The board of managers of a condominium that received an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand [eleven] FOURTEEN shall submit an application for an abate-
ment pursuant to this section for the fiscal year commencing in calendar
year two thousand [twelve] FIFTEEN no later than  sixty  days  following
the effective date of the chapter of the laws of two thousand [thirteen]
FIFTEEN  that  [added this subdivision] AMENDED THIS PARAGRAPH.  If such
board of managers does not submit such  application  within  sixty  days
following  the  effective  date of [the] SUCH chapter of the laws of two
thousand [thirteen that added this subdivision] FIFTEEN, then the abate-
ment for the fiscal  year  commencing  in  calendar  year  two  thousand
[twelve]  FIFTEEN for such condominium shall be based on the information
contained  in  the  application  submitted  in  two  thousand   [eleven]
FOURTEEN,  provided  that  nothing  in this paragraph shall authorize or
require the commissioner of finance to grant an abatement  with  respect
to a property or a dwelling unit that is not eligible as of the applica-
ble  taxable status date for the fiscal year commencing in calendar year
two thousand [twelve] FIFTEEN.
  (e) Notwithstanding paragraphs (a), (b), (c) and (d) of this  subdivi-
sion  or  any  other  inconsistent provision of law, the commissioner of
finance may require each applicant for an abatement for the fiscal years
commencing in calendar years two thousand [twelve and two thousand thir-
teen] FIFTEEN, TWO THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN,  TWO  THOU-
SAND  EIGHTEEN  AND  TWO THOUSAND NINETEEN to submit an application by a
date and in a form determined by such commissioner and such commissioner
may deny abatements pursuant to this section for failure to submit  such
application  by  such  date  provided that such date shall be no earlier
than thirty days following the date on which the  commissioner  releases
the application form.
  S 4. This act shall take effect immediately.

Co-Sponsors

S4998A - Bill Details

Current Committee:
Senate Cities
Law Section:
Real Property Tax Law
Laws Affected:
Amd §467-a, RPT L

S4998A - Bill Texts

view summary

Relates to a partial abatement of real property taxes for condominiums and cooperatives in a city having a population of one million or more; establishes when partial abatements are available for calendar years 2015-2019.

view sponsor memo
BILL NUMBER:S4998A

TITLE OF BILL:

An act to amend the real property tax law, in relation to a partial
abatement of real property taxes for condominiums and cooperatives in
a city having a population of one million or more

PURPOSE:

To extend for five years a real property tax abatement program for
cooperative and condominium units in cities of one million or more, to
address the inequitable tax treatment of co op and condo owners.

SUMMARY OF PROVISIONS:

Extends the abatement program for five additional years (for FY
commencing 2015, 2016, 2017, 2018, 2019). Paragraphs d-1 through d-4
provide the benefit schedule for dwelling units that serve as the
primary residence of their unit owner and up to two additional units
located within the same property that are also owned by such owner.

The benefits are as follows:

o For fiscal years commencing in 2015, 2016, 2017, 2018, 2019,
dwelling units in property whose average unit assessed value is less
than or equal to $50,000 shall receive a partial abatement of 28.1%.

o In fiscal years commencing in 2015, 2016, 2017, 2018, 2019, dwelling
units in property whose average unit assessed value is more than
$50,000, but less than or equal to $55,000, shall receive a partial
abatement 25.2%

o In fiscal years commencing in 2015,2016,2017,2018,2019 dwelling
units in property whose average unit assessed value is more than
$55,000, but less than or equal to $60,000, shall receive a partial
abatement of 22.5%.

o In fiscal years commencing in 2015, 2016, 2017, 2018, 2019, dwelling
units in property whose average unit assessed value is more than
$60,000, shall receive a partial abatement of 17.5%

JUSTIFICATION:

It is well established that the real property tax system in New York
City burdens owners of co-op and condominium units with significantly
larger tax bills than the owners of comparably valued one-, two- and
three-family homes. Recognizing this inequity, New York State
authorized and the City of New York implemented -- a partial property
tax abatement program for co-op and condo owner's since 1996. which
was extended through 2014. While the abatement is no substitute for
the long-overdue reform of tax policy to correct this inequity,
extending the current abatement program will at least continue the
current level of relief for hundreds of thousands of New York City
co-op and condo owners.

LEGISLATIVE HISTORY:


Similar legislation has been adopted since 1996, most recently S.7091
in 2012

FISCAL IMPLICATIONS:

None to the state

EFFECTIVE DATE:

Immediately

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

                                 4998--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 28, 2015
                               ___________

Introduced  by  Sens. GOLDEN, KRUEGER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cities -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to  amend  the  real property tax law, in relation to a partial
  abatement of real property taxes for condominiums and cooperatives  in
  a city having a population of one million or more

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs (a) and (b) of subdivision 2 of section 467-a of
the real property tax law, as amended by chapter 4 of the laws of  2013,
are amended to read as follows:
  (a)  In  a  city  having a population of one million or more, dwelling
units owned by unit owners who, as  of  the  applicable  taxable  status
date,  own no more than three dwelling units in any one property held in
the condominium form of  ownership,  shall  be  eligible  to  receive  a
partial  abatement  of  real  property taxes, as set forth in paragraphs
(c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of  this  subdivi-
sion; provided, however, that a property held in the condominium form of
ownership  that  is  receiving  complete  or  partial  real property tax
exemption or tax abatement pursuant to any other provision of this chap-
ter or any other state or local law, except as provided in paragraph (f)
of this subdivision, shall not be eligible to receive a  partial  abate-
ment  pursuant  to  this  section;  and provided, further, that sponsors
shall not be eligible to receive a partial abatement  pursuant  to  this
section; and provided, further, that in the fiscal [year] YEARS commenc-
ing  in  calendar years two thousand twelve, two thousand thirteen, [or]
two thousand fourteen, TWO THOUSAND FIFTEEN, TWO THOUSAND  SIXTEEN,  TWO
THOUSAND  SEVENTEEN,  TWO THOUSAND EIGHTEEN OR TWO THOUSAND NINETEEN, no
more than a maximum of three dwelling units owned by any unit owner in a
single building, one of which must be the primary residence of such unit

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10648-02-5

S. 4998--A                          2

owner, shall be eligible to receive  a  partial  abatement  pursuant  to
paragraphs (d-1), (d-2), (d-3) and (d-4) of this [section] SUBDIVISION.
  (b)  In  a  city  having a population of one million or more, dwelling
units owned by tenant-stockholders who, as  of  the  applicable  taxable
status  date,  own no more than three dwelling units in any one property
held in the cooperative form of ownership, shall be eligible to  receive
a  partial  abatement of real property taxes, as set forth in paragraphs
(c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of  this  subdivi-
sion; provided, however, that a property held in the cooperative form of
ownership  that  is  receiving  complete  or  partial  real property tax
exemption or tax abatement pursuant to any other provision of this chap-
ter or any other state or local law, except as provided in paragraph (f)
of this subdivision, shall not be eligible to receive a  partial  abate-
ment  pursuant  to  this  section;  and provided, further, that sponsors
shall not be eligible to receive a partial abatement  pursuant  to  this
section; and provided, further, that in the fiscal [year] YEARS commenc-
ing  in  calendar  years two thousand twelve, two thousand thirteen [or]
two thousand fourteen, TWO THOUSAND FIFTEEN, TWO THOUSAND  SIXTEEN,  TWO
THOUSAND  SEVENTEEN,  TWO THOUSAND EIGHTEEN OR TWO THOUSAND NINETEEN, no
more than a maximum of three dwelling units owned by  any  tenant-stock-
holder  in a single building, one of which must be the primary residence
of such tenant-stockholder, shall  be  eligible  to  receive  a  partial
abatement  pursuant  to paragraphs (d-1), (d-2), (d-3) and (d-4) of this
[section] SUBDIVISION.  For purposes of this  section,  a  tenant-stock-
holder of a cooperative apartment corporation shall be deemed to own the
dwelling unit which is represented by his or her shares of stock in such
corporation. Any abatement so granted shall be credited by the appropri-
ate taxing authority against the tax due on the property as a whole. The
reduction  in  real property taxes received thereby shall be credited by
the cooperative apartment corporation against the amount of  such  taxes
attributable to eligible dwelling units at the time of receipt.
  S  2.  Paragraphs  (d-1),  (d-2),  (d-3) and (d-4) of subdivision 2 of
section 467-a of the real property tax law, as added by chapter 4 of the
laws of 2013, are amended to read as follows:
  (d-1) In the fiscal years commencing  in  calendar  [year]  YEARS  two
thousand twelve, two thousand thirteen and two thousand fourteen, eligi-
ble dwelling units in property whose average unit assessed value is less
than  or  equal to fifty thousand dollars shall receive a partial abate-
ment of the real property taxes attributable to or due on such  dwelling
units  of twenty-five percent, twenty-six and one-half percent and twen-
ty-eight and one-tenth  percent  respectively.    IN  THE  FISCAL  YEARS
COMMENCING IN CALENDAR YEARS TWO THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN,
TWO THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN AND TWO THOUSAND NINETEEN,
ELIGIBLE DWELLING UNITS IN PROPERTY WHOSE AVERAGE UNIT ASSESSED VALUE IS
LESS  THAN  OR  EQUAL  TO FIFTY THOUSAND DOLLARS SHALL RECEIVE A PARTIAL
ABATEMENT OF THE REAL PROPERTY TAXES ATTRIBUTABLE  TO  OR  DUE  ON  SUCH
DWELLING UNITS OF TWENTY-EIGHT AND ONE-TENTH PERCENT.
  (d-2)  In  the  fiscal  years  commencing in calendar [year] YEARS two
thousand twelve, two thousand thirteen and two thousand fourteen, eligi-
ble dwelling units in property whose average unit assessed value is more
than fifty thousand dollars, but less than or equal to fifty-five  thou-
sand  dollars,  shall  receive  a partial abatement of the real property
taxes attributable to or due on such dwelling units  of  twenty-two  and
one-half  percent, twenty-three and eight-tenths percent and twenty-five
and two-tenths percent respectively.  IN THE FISCAL YEARS COMMENCING  IN
CALENDAR  YEARS TWO THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN, TWO THOUSAND

S. 4998--A                          3

SEVENTEEN, TWO THOUSAND EIGHTEEN AND  TWO  THOUSAND  NINETEEN,  ELIGIBLE
DWELLING  UNITS  IN  PROPERTY  WHOSE AVERAGE UNIT ASSESSED VALUE IS LESS
THAN OR EQUAL TO FIFTY THOUSAND DOLLARS SHALL RECEIVE A  PARTIAL  ABATE-
MENT  OF THE REAL PROPERTY TAXES ATTRIBUTABLE TO OR DUE ON SUCH DWELLING
UNITS OF TWENTY-FIVE AND TWO-TENTHS PERCENT.
  (d-3) In the fiscal years commencing  in  calendar  [year]  YEARS  two
thousand twelve, two thousand thirteen and two thousand fourteen, eligi-
ble dwelling units in property whose average unit assessed value is more
than  fifty-five thousand dollars, but less than or equal to sixty thou-
sand dollars, shall receive a partial abatement  of  the  real  property
taxes  attributable  to or due on such dwelling units of twenty percent,
twenty-one  and  two-tenths  percent,  and  twenty-two  and  five-tenths
percent  respectively.  IN THE FISCAL YEARS COMMENCING IN CALENDAR YEARS
TWO THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN,  TWO
THOUSAND  EIGHTEEN AND TWO THOUSAND NINETEEN, ELIGIBLE DWELLING UNITS IN
PROPERTY WHOSE AVERAGE UNIT ASSESSED VALUE IS  LESS  THAN  OR  EQUAL  TO
FIFTY  THOUSAND  DOLLARS  SHALL  RECEIVE A PARTIAL ABATEMENT OF THE REAL
PROPERTY TAXES ATTRIBUTABLE TO OR DUE ON SUCH DWELLING UNITS OF  TWENTY-
TWO AND FIVE-TENTHS PERCENT.
  (d-4)  In  the  fiscal  years  commencing in calendar [year] YEARS two
thousand twelve, two thousand thirteen and two  thousand  fourteen,  TWO
THOUSAND  FIFTEEN,  TWO  THOUSAND  SIXTEEN,  TWO THOUSAND SEVENTEEN, TWO
THOUSAND EIGHTEEN, AND TWO THOUSAND NINETEEN, eligible dwelling units in
property whose average unit assessed value is more than  sixty  thousand
dollars  shall  receive  a  partial abatement of the real property taxes
attributable to or due on such dwelling units of seventeen and  one-half
percent.
  S 3.  Paragraphs (a), (b) and (c) of subdivision 3 of section 467-a of
the  real property tax law, as amended by chapter 4 of the laws of 2013,
are amended to read as follows:
  (a) An application for an abatement pursuant to this section  for  the
fiscal  year  commencing  in  calendar  year nineteen hundred ninety-six
shall be made no later than the fifteenth  day  of  September,  nineteen
hundred  ninety-six.  An  application  for an abatement pursuant to this
section for the fiscal year commencing in calendar year nineteen hundred
ninety-seven shall be made no later than the first day of  April,  nine-
teen  hundred  ninety-seven. An application for an abatement pursuant to
this section for the fiscal year commencing in  calendar  year  nineteen
hundred ninety-eight shall be made no later than the first day of April,
nineteen  hundred ninety-eight. An application for an abatement pursuant
to this section for the fiscal year commencing in calendar year nineteen
hundred ninety-nine shall be made in accordance  with  this  subdivision
and subdivision three-a of this section. An application for an abatement
pursuant to this section for the fiscal year commencing in calendar year
two  thousand shall be made no later than the fifteenth day of February,
two thousand. An application for an abatement pursuant to  this  section
for  the  fiscal year commencing in calendar year two thousand one shall
be made in accordance with this subdivision and subdivision  three-b  of
this  section.  An application for an abatement pursuant to this section
for the fiscal year commencing in calendar year two thousand  two  shall
be  made  no later than the fifteenth day of February, two thousand two.
An application for an abatement pursuant to this section for the  fiscal
year  commencing  in  calendar  year two thousand three shall be made no
later than the fifteenth day of February, two thousand three. An  appli-
cation  for  an  abatement  pursuant to this section for the fiscal year
commencing in calendar year two thousand four shall be made  in  accord-

S. 4998--A                          4

ance  with  this subdivision and subdivision three-c of this section. An
application for an abatement pursuant to this  section  for  the  fiscal
year  commencing  in  calendar  year  two thousand five shall be made no
later than the fifteenth day of February, two thousand five. An applica-
tion  for  an  abatement  pursuant  to  this section for the fiscal year
commencing in calendar year two thousand six shall be made no later than
the fifteenth day of February, two thousand six. An application  for  an
abatement  pursuant  to  this  section for the fiscal year commencing in
calendar year two thousand  seven  shall  be  made  no  later  than  the
fifteenth day of February, two thousand seven. An application for abate-
ment pursuant to this section for the fiscal year commencing in calendar
year  two  thousand eight shall be made in accordance with this subdivi-
sion and subdivision three-d of this  section.  An  application  for  an
abatement  pursuant  to  this  section for the fiscal year commencing in
calendar year two  thousand  nine  shall  be  made  no  later  than  the
fifteenth  day  of  February,  two  thousand nine. An application for an
abatement pursuant to this section for the  fiscal  year  commencing  in
calendar year two thousand ten shall be made no later than the fifteenth
day  of  February,  two  thousand  ten.  An application for an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand eleven shall be made no later than  the  fifteenth  day  of
February,  two thousand eleven. An application for an abatement pursuant
to this section for the fiscal years commencing in  calendar  years  two
thousand  twelve  and  two thousand thirteen shall be made in accordance
with subdivision three-e of this section. The date  or  dates  by  which
applications for an abatement pursuant to this section shall be made for
the  fiscal  year beginning in calendar year two thousand fourteen shall
be established by the commissioner of finance  by  rule,  provided  that
such date or dates shall not be later than the fifteenth day of February
for  such  calendar year. APPLICATIONS FOR AN ABATEMENT PURSUANT TO THIS
SECTION FOR THE FISCAL YEARS COMMENCING IN CALENDAR YEARS  TWO  THOUSAND
FIFTEEN,  TWO  THOUSAND SIXTEEN AND TWO THOUSAND SEVENTEEN SHALL BE MADE
NO LATER THAN THE FIFTEENTH DAY OF MARCH FOR  EACH  RESPECTIVE  CALENDAR
YEAR.
  (b) (I) An application for an abatement pursuant to this section shall
be  submitted to the commissioner of finance by the board of managers of
a condominium or the board  of  directors  of  a  cooperative  apartment
corporation,  provided  that  the  commissioner  of  finance may by rule
require the owner of a dwelling unit to submit an application to supple-
ment information contained in the application submitted by the board  of
managers  of  a  condominium  or the board of directors of a cooperative
apartment corporation and may by rule apply and adjust, as  appropriate,
any  provisions of this section that relate to applications submitted by
such boards to applications submitted by such owners.
  (II) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH OR  ANY  OTHER
PROVISION  OF  LAW  TO  THE CONTRARY, THE COMMISSIONER OF FINANCE MAY BY
RULE REQUIRE THAT APPLICATIONS BE  SUBMITTED  BY  DWELLING  UNIT  OWNERS
INSTEAD  OF, OR IN ADDITION TO, THOSE SUBMITTED BY THE BOARD OF MANAGERS
OF A CONDOMINIUM OR THE BOARD OF DIRECTORS OF  A  COOPERATIVE  APARTMENT
CORPORATION  FOR  APPLICATIONS  FOR  FISCAL YEARS COMMENCING IN CALENDAR
YEAR TWO THOUSAND FIFTEEN OR LATER.
  (c) (I) No abatement pursuant to this section shall be granted  unless
the  applicant  files  an  application  for an abatement within the time
periods prescribed in paragraph (a) of this subdivision  or  subdivision
three-a, three-b, three-c, three-d or three-e of this section, provided,

S. 4998--A                          5

however,  that  the  commissioner  of finance may, for good cause shown,
extend the time for filing an application.
  (II)  NOTWITHSTANDING  SUBPARAGRAPH (I) OF THIS PARAGRAPH OR ANY OTHER
PROVISION OF LAW TO  THE  CONTRARY,  THE  COMMISSIONER  OF  FINANCE  MAY
PROVIDE  BY  RULE  THAT  APPLICATIONS ARE NOT REQUIRED TO BE FILED ON AN
ANNUAL BASIS.
  S 4. This act shall take effect immediately.

assembly Bill A2777

2015-2016 Legislative Session

Relates to requiring gas corporations to file annual gas safety reports

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 26, 2016 advanced to third reading cal.392
Feb 25, 2016 reported
Feb 09, 2016 reported referred to codes
Jan 11, 2016 committed to corporations, authorities and commissions
Jan 06, 2016 ordered to third reading cal.127
returned to assembly
died in senate
Mar 24, 2015 referred to corporations, authorities and commissions
delivered to senate
passed assembly
Mar 05, 2015 advanced to third reading cal.78
Mar 03, 2015 reported
Jan 20, 2015 referred to corporations, authorities and commissions

Co-Sponsors

view all co-sponsors

A2777 - Bill Details

See Senate Version of this Bill:
S5811
Law Section:
Public Service Law
Laws Affected:
Add §66-o, Pub Serv L
Versions Introduced in 2013-2014 Legislative Session:
A9722A

A2777 - Bill Texts

view summary

Relates to requiring gas corporations to file annual gas safety reports.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2777

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A.  BRENNAN,  RODRIGUEZ,  OTIS  -- read once and
  referred to the Committee on Corporations, Authorities and Commissions

AN ACT to amend the public service law, in relation to filing gas safety
  reports

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The public service law is amended by adding a new section
66-o to read as follows:
  S 66-O. GAS SAFETY REPORTS. 1. ON OR BEFORE MARCH  FIFTEENTH  OF  EACH
YEAR,  EACH  GAS CORPORATION SHALL FILE WITH THE DEPARTMENT A GAS SAFETY
REPORT. THE DEPARTMENT SHALL REVIEW THE  REPORTS  TO  MONITOR  EACH  GAS
CORPORATION'S  PIPELINE  REPLACEMENT  PROJECTS  AND ALL OTHER ACTIVITIES
RELATED TO PROVIDING SAFE AND RELIABLE GAS SERVICE IN ORDER TO DETERMINE
WHETHER THE PROJECTS OR ACTIVITIES ARE BEING CARRIED  OUT  IN  A  MANNER
CONSISTENT  WITH  THIS  CHAPTER, THE COMMISSION'S RULES, REGULATIONS AND
ORDERS, AND ANY PRACTICE THE DEPARTMENT HAS  DEEMED  NECESSARY  FOR  THE
PROVISION OF SAFE AND RELIABLE SERVICE, AND TO TRACK HOW EACH GAS CORPO-
RATION IS SPENDING ANY FUNDS ALLOCATED FOR PIPELINE REPLACEMENT PROJECTS
AND  ALL  OTHER  ACTIVITIES  RELATED  TO PROVIDING SAFE AND RELIABLE GAS
SERVICE.
  2. THE GAS SAFETY REPORT PROVIDED  FOR  IN  SUBDIVISION  ONE  OF  THIS
SECTION  SHALL  INCLUDE  A  THOROUGH  DESCRIPTION AND EXPLANATION OF THE
STRATEGIC PLANNING AND DECISION-MAKING METHODOLOGY USED TO DETERMINE AND
PRIORITIZE PIPELINE REPLACEMENT PROJECTS, A DESCRIPTION  OF  THE  CORPO-
RATION'S  OPERATION  AND MAINTENANCE ACTIVITIES RELATED TO GAS SAFETY, A
DESCRIPTION OF THE CORPORATION'S INSPECTIONS OF  ITS  INTRASTATE  TRANS-
MISSION AND DISTRIBUTION LINES, AND ANY OTHER INFORMATION THE DEPARTMENT
MAY  REQUIRE.  IF  THERE  HAS BEEN NO SUBSTANTIAL CHANGE IN A GAS CORPO-
RATION'S SAFETY REPORT SINCE THE GAS SAFETY REPORT MOST  RECENTLY  FILED
WITH  THE  DEPARTMENT,  THE CORPORATION, WITH CONSENT OF THE DEPARTMENT,
MAY FILE AN UPDATED VERSION OF SUCH REPORT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02512-02-5

A. 2777                             2

  2-A. A GAS CORPORATION SHALL ALSO INCLUDE WITH ITS GAS SAFETY REPORT A
LIST OF PIPELINE REPLACEMENT PROJECTS COMPLETED  BY  A  GAS  CORPORATION
WITHIN  THE  LAST  YEAR;  SUCH  LIST  SHALL INDICATE WHICH PROJECTS WERE
COMPLETED  WITH  A  GAS  CORPORATION'S  OWN  EMPLOYEES  AND  WHICH  WERE
COMPLETED  BY  CONTRACTORS.  THE  COMMISSION MAY ALSO ORDER A GAS CORPO-
RATION TO SUBMIT AN INDEPENDENT COST BENEFIT ANALYSIS WHICH EXAMINES THE
GAS CORPORATION'S USE OF ITS OWN EMPLOYEES AND ITS USE OF CONTRACTORS TO
COMPLETE PIPELINE REPLACEMENT PROJECTS.
  3. IF THE DEPARTMENT DETERMINES THAT THERE IS A DEFICIENCY  IN  A  GAS
CORPORATION'S  PRIORITIZATION OR ADMINISTRATION OF ITS PIPELINE REPLACE-
MENT PROJECTS OR OPERATION AND MAINTENANCE  ACTIVITIES  RELATED  TO  GAS
SAFETY, THE DEPARTMENT SHALL NOTIFY THE COMMISSION AT THE NEXT SCHEDULED
PUBLIC  SESSION  AND  SHALL PROVIDE A BRIEF DESCRIPTION OF THE FACTS AND
NATURE OF THE DEFICIENCY. THE COMMISSION MAY ORDER  REASONABLE  IMPROVE-
MENTS  THAT  WILL  BEST PROMOTE THE PUBLIC INTEREST, PRESERVE THE PUBLIC
HEALTH AND PROTECT THOSE USING GAS PURSUANT TO THOSE POWERS PROVIDED  TO
THE COMMISSION AS PROVIDED IN THIS CHAPTER, INCLUDING BUT NOT LIMITED TO
THOSE IN SECTION SIXTY-SIX OF THIS ARTICLE.
  S 2. This act shall take effect immediately.

senate Bill S4985A

2015-2016 Legislative Session

Relates to providing performance of duty disability retirement benefits for ambulance medical technician supervisors, ambulance medical technician coordinators and ambulance medical technicians in Nassau county

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2016 recommitted to rules
Jun 14, 2016 ordered to third reading cal.1728
committee discharged and committed to rules
Feb 03, 2016 print number 4985b
amend and recommit to civil service and pensions
Jan 06, 2016 referred to civil service and pensions
Jun 03, 2015 print number 4985a
amend and recommit to civil service and pensions
Apr 27, 2015 referred to civil service and pensions

Bill Amendments

S4985
S4985A
S4985B
S4985
S4985A
S4985B

S4985 - Bill Details

Current Committee:
Senate Rules
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §607-i, R & SS L

S4985 - Bill Texts

view summary

Relates to providing performance of duty disability retirement benefits for ambulance medical technician supervisors, ambulance medical technician coordinators and ambulance medical technicians in Nassau county.

view sponsor memo
BILL NUMBER:S4985

TITLE OF BILL: An act to amend the retirement and social security
law, in relation to providing performance of duty disability
retirement benefits for ambulance medical technician supervisors,
ambulance medical technician coordinators and ambulance medical
technicians in Nassau county

SUMMARY OF PROVISIONS: This legislation provides for a Y2 performance
of duty retirement for various ambulance medical technician titles
within Nassau County.

JUSTIFICATION: Nassau County Police Medics serve their community
countywide, providing the highest possible quality in pre-hospital
advanced life support emergency medical service care. Though rare, it
does happen that Nassau County Police Medics 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 Medic involved, their spouses, and their children.

Police Medics respond to and perform work in varying types of
situations, from the scenes of basic medical assistance calls to truly
life threatening emergencies. They respond to calls in all types of
places via ambulance. They perform their duties on active highways, at
fire scenes at the scenes of collapsed buildings, railroad incidents,
and active crime scenes. They also operate as Tactical Medics with the
Nassau County Police Department Bureau of Special Operations. Further,
they sometimes operate as Hazardous Materials Decontamination
Technicians.

Though the Medics are well trained, they sometimes encounter the
dangerous environments described above, as well as dangerous, violent
individuals. They are not armed on the job. Their duties as Hazardous
Materials Decontamination Technicians and Tactical Medics are by their
nature very dangerous and can result in serious injury. It should be
noted that Police Officers in Nassau County have a 50% disability
benefit.

This bill will provide appropriate protection for Nassau County Police
Medics and their families in the event of a serious on-the-job
disablement. It will also rectify the imbalance in protection that
currently exists between the Medics and other, similar first
responders.

FISCAL IMPLICATIONS: See the bill.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4985

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 27, 2015
                               ___________

Introduced  by  Sen. MARTINS -- 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:
  S  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.
                                                           LBD10185-02-5

S. 4985                             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-THREE, SIXTY-FOUR, FIVE HUNDRED SEVEN-F, FIVE HUNDRED SEVEN-G, SIX
HUNDRED SEVEN-E, OR SIX HUNDRED SEVEN-F 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. 4985                             3

PAYABLE PURSUANT TO SECTION TWO HUNDRED SEVEN-C OF THE GENERAL MUNICIPAL
LAW.
  K.  NOTHING IN THIS SECTION SHALL BE DEEMED TO PRECLUDE THE SIMULTANE-
OUS FILING OF AN APPLICATION FOR BENEFITS PURSUANT TO ANY OTHER  SECTION
OF  LAW  NOR  THE  CONSIDERATION  OF  SUCH APPLICATION BY THE RETIREMENT
SYSTEM, INCLUDING AN ACCIDENTAL DISABILITY BENEFIT PURSUANT  TO  SECTION
SIX HUNDRED SEVEN-E OF THIS ARTICLE.
  S 2. All costs associated with implementing the provisions of this act
shall be borne by Nassau county.
  S 3. 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 2015 session, there will be an
estimated increase of approximately $322,000 in the annual contributions
of Nassau County for the fiscal year ending March 31, 2015.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost  of  approximately  $1.43  million  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, 2016.
  These estimated costs are based on 174 members having an annual salary
for the fiscal year ending March 31, 2014 of approximately $16 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, 2014  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2014
Report of the  Actuary  and  the  2014  Comprehensive  Annual  Financial
Report.
  The  actuarial assumptions and methods used are described in the 2010,
2011, 2012, 2013 and 2014 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, 2014
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 2, 2015, and intended for use only during
the 2015 Legislative Session, is Fiscal Note No.  2015-77,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.

S4985A - Bill Details

Current Committee:
Senate Rules
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §607-i, R & SS L

S4985A - Bill Texts

view summary

Relates to providing performance of duty disability retirement benefits for ambulance medical technician supervisors, ambulance medical technician coordinators and ambulance medical technicians in Nassau county.

view sponsor memo
BILL NUMBER:S4985A

TITLE OF BILL: An act to amend the retirement and social security
law, in relation to providing performance of duty disability
retirement benefits for ambulance medical technician supervisors,
ambulance medical technician coordinators and ambulance medical
technicians in Nassau county

SUMMARY OF PROVISIONS: This legislation provides for a Y2 performance
of duty retirement for various ambulance medical technician titles
within Nassau County.

JUSTIFICATION: Nassau County Police Medics serve their community
countywide, providing the highest possible quality in pre-hospital
advanced life support emergency medical service care. Though rare, it
does happen that Nassau County Police Medics 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 Medic involved, their spouses, and their children.

Police Medics respond to and perform work in varying types of
situations, from the scenes of basic medical assistance calls to truly
life threatening emergencies. They respond to calls in all types of
places via ambulance. They perform their duties on active highways, at
fire scenes at the scenes of collapsed buildings, railroad incidents,
and active crime scenes. They also operate as Tactical Medics with the
Nassau County Police Department Bureau of Special Operations. Further,
they sometimes operate as Hazardous Materials Decontamination
Technicians.

Though the Medics are well trained, they sometimes encounter the
dangerous environments described above, as well as dangerous, violent
individuals. They are not armed on the job. Their duties as Hazardous
Materials Decontamination Technicians and Tactical Medics are by their
nature very dangerous and can result in serious injury. It should be
noted that Police Officers in Nassau County have a 50% disability
benefit.

This bill will provide appropriate protection for Nassau County Police
Medics and their families in the event of a serious on-the-job
disablement. It will also rectify the imbalance in protection that
currently exists between the Medics and other, similar first
responders.

FISCAL IMPLICATIONS: See fiscal note.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4985--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 27, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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:
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10185-06-5

S. 4985--A                          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 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

S. 4985--A                          3

PAYABLE PURSUANT TO SECTION TWO HUNDRED SEVEN-C OF THE GENERAL MUNICIPAL
LAW.
  S 2. All costs associated with implementing the provisions of this act
shall be borne by Nassau county.
  S  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
fifteen year period.
  S 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 2015 session, there will be an
estimated increase of approximately $322,000 in the annual contributions
of Nassau County for the fiscal year ending March 31, 2015.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of $1.43 million 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,  2016.    If  Nassau
County  elects to amortize this cost over a 15 year period, the cost for
the first year would be $151,000.
  These estimated costs are based on 174 members having an annual salary
for the fiscal year ending March 31, 2014 of approximately $16 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, 2014 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2014
Report  of  the  Actuary  and  the  2014  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in the  2010,
2011,  2012, 2013 and 2014 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, 2014
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 May 28, 2015, and intended for  use  only  during
the  2015  Legislative Session, is Fiscal Note No. 2015-120, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.

S4985B - Bill Details

Current Committee:
Senate Rules
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §607-i, R & SS L

S4985B - Bill Texts

view summary

Relates to providing performance of duty disability retirement benefits for ambulance medical technician supervisors, ambulance medical technician coordinators and ambulance medical technicians in Nassau county.

view sponsor memo
BILL NUMBER: S4985B

TITLE OF BILL :

An act to amend the retirement and social security law, in relation to
providing performance of duty disability retirement benefits for
ambulance medical technician supervisors, ambulance medical technician
coordinators and ambulance medical technicians in Nassau county

SUMMARY OF PROVISIONS :

This legislation provides for a Y2 performance of duty retirement for
various ambulance medical technician titles within Nassau County.

JUSTIFICATION :

Nassau County Police Medics serve their community countywide,
providing the highest possible quality in pre-hospital advanced life
support emergency medical service care. Though rare, it does happen
that Nassau County Police Medics 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 Medic involved, their spouses, and their children.

Police Medics respond to and perform work in varying types of
situations, from the scenes of basic medical assistance calls to truly
life threatening emergencies. They respond to calls in all types of
places via ambulance. They perform their duties on active highways, at
fire scenes at the scenes of collapsed buildings, railroad incidents,
and active crime scenes. They also operate as Tactical Medics with the
Nassau County Police Department Bureau of Special Operations. Further,
they sometimes operate as Hazardous Materials Decontamination
Technicians.

Though the Medics are well trained, they sometimes encounter the
dangerous environments described above, as well as dangerous, violent
individuals. They are not armed on the job. Their duties as Hazardous
Materials Decontamination Technicians and Tactical Medics are by their
nature very dangerous and can result in serious injury. It should be
noted that Police Officers in Nassau County have a 50% disability
benefit.

This bill will provide appropriate protection for Nassau County Police
Medics and their families in the event of a serious on-the-job
disablement. It will also rectify the imbalance in protection that
currently exists between the Medics and other, similar first
responders.

FISCAL IMPLICATIONS :

See fiscal note.

EFFECTIVE DATE :
Immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4985--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 27, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to said committee -- recommitted to the Committee on
  Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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:
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10185-08-6

S. 4985--B                          2

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
  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.

S. 4985--B                          3

  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 2. All costs associated with implementing the provisions of this act
shall be borne by Nassau county.
  S  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
fifteen year period.
  S 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 2016 session, there will be an
estimated increase of approximately $304,000 in the annual contributions
of Nassau County for the fiscal year ending March 31, 2017.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of $1.87 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,  2017.    If  Nassau
County  elects to amortize this cost over a 15 year period, the cost for
the first year would be $192,000.
  These estimated costs are based on 150 members having an annual salary
for the fiscal year ending March 31, 2015 of approximately $15 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, 2015 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2015
Report  of  the  Actuary  and  the  2015  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in  the  2015
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, 2015
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 December 15, 2015,  and  intended  for  use  only
during the 2016 Legislative Session, is Fiscal Note No. 2016-2, prepared
by the Actuary for the New York State and Local Retirement System.

senate Bill S4985

2015-2016 Legislative Session

Relates to providing performance of duty disability retirement benefits for ambulance medical technician supervisors, ambulance medical technician coordinators and ambulance medical technicians in Nassau county

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2016 recommitted to rules
Jun 14, 2016 ordered to third reading cal.1728
committee discharged and committed to rules
Feb 03, 2016 print number 4985b
amend and recommit to civil service and pensions
Jan 06, 2016 referred to civil service and pensions
Jun 03, 2015 print number 4985a
amend and recommit to civil service and pensions
Apr 27, 2015 referred to civil service and pensions

Bill Amendments

S4985
S4985A
S4985B
S4985
S4985A
S4985B

S4985 - Bill Details

Current Committee:
Senate Rules
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §607-i, R & SS L

S4985 - Bill Texts

view summary

Relates to providing performance of duty disability retirement benefits for ambulance medical technician supervisors, ambulance medical technician coordinators and ambulance medical technicians in Nassau county.

view sponsor memo
BILL NUMBER:S4985

TITLE OF BILL: An act to amend the retirement and social security
law, in relation to providing performance of duty disability
retirement benefits for ambulance medical technician supervisors,
ambulance medical technician coordinators and ambulance medical
technicians in Nassau county

SUMMARY OF PROVISIONS: This legislation provides for a Y2 performance
of duty retirement for various ambulance medical technician titles
within Nassau County.

JUSTIFICATION: Nassau County Police Medics serve their community
countywide, providing the highest possible quality in pre-hospital
advanced life support emergency medical service care. Though rare, it
does happen that Nassau County Police Medics 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 Medic involved, their spouses, and their children.

Police Medics respond to and perform work in varying types of
situations, from the scenes of basic medical assistance calls to truly
life threatening emergencies. They respond to calls in all types of
places via ambulance. They perform their duties on active highways, at
fire scenes at the scenes of collapsed buildings, railroad incidents,
and active crime scenes. They also operate as Tactical Medics with the
Nassau County Police Department Bureau of Special Operations. Further,
they sometimes operate as Hazardous Materials Decontamination
Technicians.

Though the Medics are well trained, they sometimes encounter the
dangerous environments described above, as well as dangerous, violent
individuals. They are not armed on the job. Their duties as Hazardous
Materials Decontamination Technicians and Tactical Medics are by their
nature very dangerous and can result in serious injury. It should be
noted that Police Officers in Nassau County have a 50% disability
benefit.

This bill will provide appropriate protection for Nassau County Police
Medics and their families in the event of a serious on-the-job
disablement. It will also rectify the imbalance in protection that
currently exists between the Medics and other, similar first
responders.

FISCAL IMPLICATIONS: See the bill.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4985

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 27, 2015
                               ___________

Introduced  by  Sen. MARTINS -- 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:
  S  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.
                                                           LBD10185-02-5

S. 4985                             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-THREE, SIXTY-FOUR, FIVE HUNDRED SEVEN-F, FIVE HUNDRED SEVEN-G, SIX
HUNDRED SEVEN-E, OR SIX HUNDRED SEVEN-F 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. 4985                             3

PAYABLE PURSUANT TO SECTION TWO HUNDRED SEVEN-C OF THE GENERAL MUNICIPAL
LAW.
  K.  NOTHING IN THIS SECTION SHALL BE DEEMED TO PRECLUDE THE SIMULTANE-
OUS FILING OF AN APPLICATION FOR BENEFITS PURSUANT TO ANY OTHER  SECTION
OF  LAW  NOR  THE  CONSIDERATION  OF  SUCH APPLICATION BY THE RETIREMENT
SYSTEM, INCLUDING AN ACCIDENTAL DISABILITY BENEFIT PURSUANT  TO  SECTION
SIX HUNDRED SEVEN-E OF THIS ARTICLE.
  S 2. All costs associated with implementing the provisions of this act
shall be borne by Nassau county.
  S 3. 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 2015 session, there will be an
estimated increase of approximately $322,000 in the annual contributions
of Nassau County for the fiscal year ending March 31, 2015.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost  of  approximately  $1.43  million  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, 2016.
  These estimated costs are based on 174 members having an annual salary
for the fiscal year ending March 31, 2014 of approximately $16 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, 2014  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2014
Report of the  Actuary  and  the  2014  Comprehensive  Annual  Financial
Report.
  The  actuarial assumptions and methods used are described in the 2010,
2011, 2012, 2013 and 2014 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, 2014
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 2, 2015, and intended for use only during
the 2015 Legislative Session, is Fiscal Note No.  2015-77,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.

S4985A - Bill Details

Current Committee:
Senate Rules
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §607-i, R & SS L

S4985A - Bill Texts

view summary

Relates to providing performance of duty disability retirement benefits for ambulance medical technician supervisors, ambulance medical technician coordinators and ambulance medical technicians in Nassau county.

view sponsor memo
BILL NUMBER:S4985A

TITLE OF BILL: An act to amend the retirement and social security
law, in relation to providing performance of duty disability
retirement benefits for ambulance medical technician supervisors,
ambulance medical technician coordinators and ambulance medical
technicians in Nassau county

SUMMARY OF PROVISIONS: This legislation provides for a Y2 performance
of duty retirement for various ambulance medical technician titles
within Nassau County.

JUSTIFICATION: Nassau County Police Medics serve their community
countywide, providing the highest possible quality in pre-hospital
advanced life support emergency medical service care. Though rare, it
does happen that Nassau County Police Medics 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 Medic involved, their spouses, and their children.

Police Medics respond to and perform work in varying types of
situations, from the scenes of basic medical assistance calls to truly
life threatening emergencies. They respond to calls in all types of
places via ambulance. They perform their duties on active highways, at
fire scenes at the scenes of collapsed buildings, railroad incidents,
and active crime scenes. They also operate as Tactical Medics with the
Nassau County Police Department Bureau of Special Operations. Further,
they sometimes operate as Hazardous Materials Decontamination
Technicians.

Though the Medics are well trained, they sometimes encounter the
dangerous environments described above, as well as dangerous, violent
individuals. They are not armed on the job. Their duties as Hazardous
Materials Decontamination Technicians and Tactical Medics are by their
nature very dangerous and can result in serious injury. It should be
noted that Police Officers in Nassau County have a 50% disability
benefit.

This bill will provide appropriate protection for Nassau County Police
Medics and their families in the event of a serious on-the-job
disablement. It will also rectify the imbalance in protection that
currently exists between the Medics and other, similar first
responders.

FISCAL IMPLICATIONS: See fiscal note.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4985--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 27, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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:
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10185-06-5

S. 4985--A                          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 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

S. 4985--A                          3

PAYABLE PURSUANT TO SECTION TWO HUNDRED SEVEN-C OF THE GENERAL MUNICIPAL
LAW.
  S 2. All costs associated with implementing the provisions of this act
shall be borne by Nassau county.
  S  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
fifteen year period.
  S 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 2015 session, there will be an
estimated increase of approximately $322,000 in the annual contributions
of Nassau County for the fiscal year ending March 31, 2015.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of $1.43 million 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,  2016.    If  Nassau
County  elects to amortize this cost over a 15 year period, the cost for
the first year would be $151,000.
  These estimated costs are based on 174 members having an annual salary
for the fiscal year ending March 31, 2014 of approximately $16 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, 2014 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2014
Report  of  the  Actuary  and  the  2014  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in the  2010,
2011,  2012, 2013 and 2014 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, 2014
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 May 28, 2015, and intended for  use  only  during
the  2015  Legislative Session, is Fiscal Note No. 2015-120, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.

S4985B - Bill Details

Current Committee:
Senate Rules
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §607-i, R & SS L

S4985B - Bill Texts

view summary

Relates to providing performance of duty disability retirement benefits for ambulance medical technician supervisors, ambulance medical technician coordinators and ambulance medical technicians in Nassau county.

view sponsor memo
BILL NUMBER: S4985B

TITLE OF BILL :

An act to amend the retirement and social security law, in relation to
providing performance of duty disability retirement benefits for
ambulance medical technician supervisors, ambulance medical technician
coordinators and ambulance medical technicians in Nassau county

SUMMARY OF PROVISIONS :

This legislation provides for a Y2 performance of duty retirement for
various ambulance medical technician titles within Nassau County.

JUSTIFICATION :

Nassau County Police Medics serve their community countywide,
providing the highest possible quality in pre-hospital advanced life
support emergency medical service care. Though rare, it does happen
that Nassau County Police Medics 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 Medic involved, their spouses, and their children.

Police Medics respond to and perform work in varying types of
situations, from the scenes of basic medical assistance calls to truly
life threatening emergencies. They respond to calls in all types of
places via ambulance. They perform their duties on active highways, at
fire scenes at the scenes of collapsed buildings, railroad incidents,
and active crime scenes. They also operate as Tactical Medics with the
Nassau County Police Department Bureau of Special Operations. Further,
they sometimes operate as Hazardous Materials Decontamination
Technicians.

Though the Medics are well trained, they sometimes encounter the
dangerous environments described above, as well as dangerous, violent
individuals. They are not armed on the job. Their duties as Hazardous
Materials Decontamination Technicians and Tactical Medics are by their
nature very dangerous and can result in serious injury. It should be
noted that Police Officers in Nassau County have a 50% disability
benefit.

This bill will provide appropriate protection for Nassau County Police
Medics and their families in the event of a serious on-the-job
disablement. It will also rectify the imbalance in protection that
currently exists between the Medics and other, similar first
responders.

FISCAL IMPLICATIONS :

See fiscal note.

EFFECTIVE DATE :
Immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4985--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 27, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to said committee -- recommitted to the Committee on
  Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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:
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10185-08-6

S. 4985--B                          2

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
  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.

S. 4985--B                          3

  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 2. All costs associated with implementing the provisions of this act
shall be borne by Nassau county.
  S  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
fifteen year period.
  S 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 2016 session, there will be an
estimated increase of approximately $304,000 in the annual contributions
of Nassau County for the fiscal year ending March 31, 2017.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of $1.87 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,  2017.    If  Nassau
County  elects to amortize this cost over a 15 year period, the cost for
the first year would be $192,000.
  These estimated costs are based on 150 members having an annual salary
for the fiscal year ending March 31, 2015 of approximately $15 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, 2015 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2015
Report  of  the  Actuary  and  the  2015  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in  the  2015
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, 2015
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 December 15, 2015,  and  intended  for  use  only
during the 2016 Legislative Session, is Fiscal Note No. 2016-2, prepared
by the Actuary for the New York State and Local Retirement System.

senate Bill S4987A

2015-2016 Legislative Session

Relates to providing certain accidental disability retirement benefits for Nassau county fire marshals

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2016 recommitted to rules
Jun 14, 2016 ordered to third reading cal.1729
committee discharged and committed to rules
Feb 02, 2016 print number 4987b
amend and recommit to civil service and pensions
Jan 06, 2016 referred to civil service and pensions
Jun 03, 2015 print number 4987a
amend and recommit to civil service and pensions
Apr 27, 2015 referred to civil service and pensions

Bill Amendments

S4987
S4987A
S4987B
S4987
S4987A
S4987B

S4987 - Bill Details

Current Committee:
Senate Rules
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §607-i, R & SS L

S4987 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S4987

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 the bill.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4987

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 27, 2015
                               ___________

Introduced  by  Sen. MARTINS -- 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:
  S  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.
                                                           LBD10180-02-5

S. 4987                             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 ACCIDENTAL 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-THREE OR 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. 4987                             3

PAYABLE PURSUANT TO SECTION TWO HUNDRED SEVEN-A OF THE GENERAL MUNICIPAL
LAW.
  K.  NOTHING IN THIS SECTION SHALL BE DEEMED TO PRECLUDE THE SIMULTANE-
OUS FILING OF AN APPLICATION FOR BENEFITS PURSUANT TO ANY OTHER  SECTION
OF  LAW  NOR  THE  CONSIDERATION  OF  SUCH APPLICATION BY THE RETIREMENT
SYSTEM, INCLUDING AN ACCIDENTAL DISABILITY BENEFIT PURSUANT  TO  SECTION
SIX HUNDRED FIVE-D OF THIS CHAPTER.
  S 2. All costs associated with implementing the provisions of this act
shall be borne by Nassau county.
  S 3. 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 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 2015 session, there will be an
estimated increase of approximately $33,000 in the annual  contributions
of Nassau County for the fiscal year ending March 31, 2015.
  In addition to the annual contributions discussed above, there will be
an  immediate past service cost of approximately $221,000 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, 2016.
  These  estimated costs above are based on 45 fire marshals employed by
Nassau County with a total estimated annual salary of approximately $4.8
million for the fiscal year ending March 31, 2014.
  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, 2014 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2014
Report  of  the  Actuary  and  the  2014  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in the  2010,
2011,  2012, 2013 and 2014 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, 2014
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 2, 2015, and intended for use  only  during
the  2015  Legislative  Session, is Fiscal Note No. 2015-76, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.

S4987A - Bill Details

Current Committee:
Senate Rules
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §607-i, R & SS L

S4987A - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S4987A

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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4987--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 27, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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:
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10180-06-5

S. 4987--A                          2

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
  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.

S. 4987--A                          3

  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 2. All costs associated with implementing the provisions of this act
shall be borne by Nassau county.
  S  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 15 year period.
  S 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 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 2015 session, there will be an
estimated increase of approximately $33,000 in the annual  contributions
of Nassau County for the fiscal year ending March 31, 2015.
  In addition to the annual contributions discussed above, there will be
an  immediate past service cost of $221,000 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, 2016. If Nassau County elects
to amortize this cost over a 15 year period, the cost for the first year
would be $23,300.
  These estimated costs above are based on 45 fire marshals employed  by
Nassau County with a total estimated annual salary of approximately $4.8
million for the fiscal year ending March 31, 2014.
  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, 2014  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2014
Report of the  Actuary  and  the  2014  Comprehensive  Annual  Financial
Report.
  The  actuarial assumptions and methods used are described in the 2010,
2011, 2012, 2013 and 2014 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, 2014
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  May 28, 2015, and intended for use only during
the 2015 Legislative Session, is Fiscal Note No. 2015-119,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.

S4987B - Bill Details

Current Committee:
Senate Rules
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §607-i, R & SS L

S4987B - Bill Texts

view 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.

view sponsor memo
BILL NUMBER: S4987B

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.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4987--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 27, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to said committee -- recommitted to the Committee on
  Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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:
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10180-08-6

S. 4987--B                          2

  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.
  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

S. 4987--B                          3

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 2. All costs associated with implementing the provisions of this act
shall be borne by Nassau county.
  S  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 15 year period.
  S 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  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 2016  session,  there  will  be  an
estimated  increase of approximately $33,000 in the annual contributions
of Nassau County for the fiscal year ending March 31, 2017.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $204,000 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, 2017. If  Nassau
County  elects to amortize this cost over a 15 year period, the cost for
the first year would be $21,000.
  These estimated costs above are based on 45 fire marshals employed  by
Nassau  Count with a total estimated annual salary of approximately $4.8
million for the fiscal year ending March 31, 2015.
  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, 2015 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2015
Report  of  the  Actuary  and  the  2015  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in  the  2015
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, 2015
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 December 15, 2015,  and  intended  for  use  only
during the 2016 Legislative Session, is Fiscal Note No. 2016-3, prepared
by the Actuary for the New York State and Local Retirement System.

senate Bill S4987

2015-2016 Legislative Session

Relates to providing certain accidental disability retirement benefits for Nassau county fire marshals

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2016 recommitted to rules
Jun 14, 2016 ordered to third reading cal.1729
committee discharged and committed to rules
Feb 02, 2016 print number 4987b
amend and recommit to civil service and pensions
Jan 06, 2016 referred to civil service and pensions
Jun 03, 2015 print number 4987a
amend and recommit to civil service and pensions
Apr 27, 2015 referred to civil service and pensions

Bill Amendments

S4987
S4987A
S4987B
S4987
S4987A
S4987B

S4987 - Bill Details

Current Committee:
Senate Rules
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §607-i, R & SS L

S4987 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S4987

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 the bill.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4987

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 27, 2015
                               ___________

Introduced  by  Sen. MARTINS -- 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:
  S  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.
                                                           LBD10180-02-5

S. 4987                             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 ACCIDENTAL 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-THREE OR 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. 4987                             3

PAYABLE PURSUANT TO SECTION TWO HUNDRED SEVEN-A OF THE GENERAL MUNICIPAL
LAW.
  K.  NOTHING IN THIS SECTION SHALL BE DEEMED TO PRECLUDE THE SIMULTANE-
OUS FILING OF AN APPLICATION FOR BENEFITS PURSUANT TO ANY OTHER  SECTION
OF  LAW  NOR  THE  CONSIDERATION  OF  SUCH APPLICATION BY THE RETIREMENT
SYSTEM, INCLUDING AN ACCIDENTAL DISABILITY BENEFIT PURSUANT  TO  SECTION
SIX HUNDRED FIVE-D OF THIS CHAPTER.
  S 2. All costs associated with implementing the provisions of this act
shall be borne by Nassau county.
  S 3. 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 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 2015 session, there will be an
estimated increase of approximately $33,000 in the annual  contributions
of Nassau County for the fiscal year ending March 31, 2015.
  In addition to the annual contributions discussed above, there will be
an  immediate past service cost of approximately $221,000 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, 2016.
  These  estimated costs above are based on 45 fire marshals employed by
Nassau County with a total estimated annual salary of approximately $4.8
million for the fiscal year ending March 31, 2014.
  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, 2014 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2014
Report  of  the  Actuary  and  the  2014  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in the  2010,
2011,  2012, 2013 and 2014 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, 2014
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 2, 2015, and intended for use  only  during
the  2015  Legislative  Session, is Fiscal Note No. 2015-76, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.

S4987A - Bill Details

Current Committee:
Senate Rules
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §607-i, R & SS L

S4987A - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S4987A

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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4987--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 27, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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:
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10180-06-5

S. 4987--A                          2

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
  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.

S. 4987--A                          3

  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 2. All costs associated with implementing the provisions of this act
shall be borne by Nassau county.
  S  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 15 year period.
  S 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 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 2015 session, there will be an
estimated increase of approximately $33,000 in the annual  contributions
of Nassau County for the fiscal year ending March 31, 2015.
  In addition to the annual contributions discussed above, there will be
an  immediate past service cost of $221,000 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, 2016. If Nassau County elects
to amortize this cost over a 15 year period, the cost for the first year
would be $23,300.
  These estimated costs above are based on 45 fire marshals employed  by
Nassau County with a total estimated annual salary of approximately $4.8
million for the fiscal year ending March 31, 2014.
  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, 2014  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2014
Report of the  Actuary  and  the  2014  Comprehensive  Annual  Financial
Report.
  The  actuarial assumptions and methods used are described in the 2010,
2011, 2012, 2013 and 2014 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, 2014
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  May 28, 2015, and intended for use only during
the 2015 Legislative Session, is Fiscal Note No. 2015-119,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.

S4987B - Bill Details

Current Committee:
Senate Rules
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §607-i, R & SS L

S4987B - Bill Texts

view 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.

view sponsor memo
BILL NUMBER: S4987B

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.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4987--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 27, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to said committee -- recommitted to the Committee on
  Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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:
  S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10180-08-6

S. 4987--B                          2

  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.
  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

S. 4987--B                          3

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 2. All costs associated with implementing the provisions of this act
shall be borne by Nassau county.
  S  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 15 year period.
  S 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  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 2016  session,  there  will  be  an
estimated  increase of approximately $33,000 in the annual contributions
of Nassau County for the fiscal year ending March 31, 2017.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $204,000 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, 2017. If  Nassau
County  elects to amortize this cost over a 15 year period, the cost for
the first year would be $21,000.
  These estimated costs above are based on 45 fire marshals employed  by
Nassau  Count with a total estimated annual salary of approximately $4.8
million for the fiscal year ending March 31, 2015.
  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, 2015 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2015
Report  of  the  Actuary  and  the  2015  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in  the  2015
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, 2015
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 December 15, 2015,  and  intended  for  use  only
during the 2016 Legislative Session, is Fiscal Note No. 2016-3, prepared
by the Actuary for the New York State and Local Retirement System.

assembly Bill A7654A

2015-2016 Legislative Session

Grants a sales and compensating use tax exemption for toilet paper and toilet tissue sold for household use, and incontinence products

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 15, 2016 print number 7654b
amend (t) and recommit to ways and means
Jan 06, 2016 referred to ways and means
Jun 03, 2015 print number 7654a
amend (t) and recommit to ways and means
May 21, 2015 referred to ways and means

Bill Amendments

A7654
A7654A
A7654B
A7654
A7654A
A7654B

A7654 - Bill Details

Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §1115, Tax L

A7654 - Bill Texts

view summary

Grants a sales and compensating use tax exemption for toilet paper and toilet tissue sold for household use, and incontinence products.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7654

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2015
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Ways and Means

AN ACT to amend the tax law, in relation to granting a sales and compen-
  sating  use  tax exemption for toilet paper and tissue sold for house-
  hold use

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision (a) of section 1115 of the tax law is amended
by adding a new paragraph 44 to read as follows:
  (44) TOILET PAPER AND TISSUE FOR HOUSEHOLD USE.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11184-01-5

A7654A - Bill Details

Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §1115, Tax L

A7654A - Bill Texts

view summary

Grants a sales and compensating use tax exemption for toilet paper and toilet tissue sold for household use, and incontinence products.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7654--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2015
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on  Ways  and  Means  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the tax law, in relation to granting a sales and compen-
  sating use tax exemption for toilet paper and toilet tissue  sold  for
  household use

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (a) of section 1115 of the tax law  is  amended
by adding a new paragraph 44 to read as follows:
  (44) TOILET PAPER AND TOILET TISSUE FOR HOUSEHOLD USE.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11184-03-5

A7654B - Bill Details

Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §1115, Tax L

A7654B - Bill Texts

view summary

Grants a sales and compensating use tax exemption for toilet paper and toilet tissue sold for household use, and incontinence products.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7654--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2015
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on  Ways  and  Means  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to the Committee on Ways and Means in accordance with Assembly Rule 3,
  sec.  2  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the tax law, in relation to granting a sales and compen-
  sating use tax exemption for toilet paper and toilet tissue  sold  for
  household use, and incontinence products

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (a) of section 1115 of the tax law  is  amended
by adding two new paragraphs 44 and 45 to read as follows:
  (44) TOILET PAPER AND TOILET TISSUE FOR HOUSEHOLD USE.
  (45) INCONTINENCE PRODUCTS.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11184-07-6

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