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

assembly Bill A7654

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

assembly Bill A3569A

2015-2016 Legislative Session

Relates to use of official seals

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 (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 23, 2016 held for consideration in local governments
Jan 06, 2016 referred to local governments
Jun 03, 2015 print number 3569a
amend and recommit to local governments
Jan 27, 2015 referred to local governments

Bill Amendments

A3569
A3569A
A3569
A3569A

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A3569 - Bill Details

See Senate Version of this Bill:
S3897A
Current Committee:
Law Section:
County Law
Laws Affected:
Amd §404, County L
Versions Introduced in 2013-2014 Legislative Session:
A8666, S6616

A3569 - Bill Texts

view summary

Relates to use of official seals.

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

                                  3569

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A.  TENNEY, GOODELL, TEDISCO, MONTESANO, WALTER,
  STEC, McLAUGHLIN, GRAF, PALMESANO, HAWLEY,  McDONOUGH,  OAKS,  CORWIN,
  KOLB -- Multi-Sponsored by -- M. of A. BARCLAY, CROUCH, GIGLIO, KEARNS
  -- read once and referred to the Committee on Local Governments

AN ACT to amend the county law, in relation to use of official seals

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

  Section 1. Section 404 of the county law, as amended by chapter 961 of
the laws of 1966, is amended to read as follows:
  S 404. Official seals. The official seals of boards of supervisors  of
the  several counties, county seal, county treasurer's seal and the seal
of the register of deeds  shall  continue  to  be  the  official  seals,
respectively,  of  such boards, county treasurer, surrogate and register
of deeds and used as such, respectively, when authorized by law AND  MAY
NOT  BE USED BY ANOTHER STATE OR MUNICIPAL AGENCY WITHOUT PRIOR CONSENT.
When any such seal shall be lost, destroyed, or become  unfit  for  use,
the  board of supervisors of the county interested therein or not having
such seal, shall cause a new seal or seals to be made at the expense  of
the  county.  A  description  of  each  of such seals, together with the
impressions therefrom, shall be filed in the office of the county  clerk
and  in  the  office  of  the secretary of state. In counties having two
county seats, a duplicate of the county seal shall be procured and  kept
at  the  county seat where the county clerk's office is not situated, at
some place to be designated by the county clerk and may be used  by  him
the  same  as  at his office. In counties having but one court house and
which is located more than five miles from the county clerk's office,  a
duplicate  of  the  county seal shall be procured and kept at such court
house and the county clerk may use the same at  such  court  house.  The
seal kept by the county clerk in each county, as prescribed in the judi-
ciary law, shall continue to be the seal of the county, and must be used
by him where he is required to use an official seal.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07612-01-5

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A3569A - Bill Details

See Senate Version of this Bill:
S3897A
Current Committee:
Law Section:
County Law
Laws Affected:
Amd §404, County L
Versions Introduced in 2013-2014 Legislative Session:
A8666, S6616

A3569A - Bill Texts

view summary

Relates to use of official seals.

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

                                 3569--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A.  TENNEY, GOODELL, TEDISCO, MONTESANO, WALTER,
  STEC, McLAUGHLIN, GRAF, PALMESANO, HAWLEY,  McDONOUGH,  OAKS,  CORWIN,
  KOLB -- Multi-Sponsored by -- M. of A. BARCLAY, CROUCH, GIGLIO, KEARNS
  --  read  once  and  referred to the Committee on Local Governments --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the county law, in relation to use of official seals

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

  Section 1. Section 404 of the county law, as amended by chapter 961 of
the laws of 1966, is amended to read as follows:
  S 404. Official seals. The official seals of boards of supervisors  of
the  several counties, county seal, county treasurer's seal and the seal
of the register of deeds  shall  continue  to  be  the  official  seals,
respectively,  of  such boards, county treasurer, surrogate and register
of deeds and used as such, respectively, when authorized by law AND  MAY
NOT  BE  USED  BY  ANY  STATE OR MUNICIPAL AGENCY WITHOUT PRIOR CONSENT.
When any such seal shall be lost, destroyed, or become  unfit  for  use,
the  board of supervisors of the county interested therein or not having
such seal, shall cause a new seal or seals to be made at the expense  of
the  county.  A  description  of  each  of such seals, together with the
impressions therefrom, shall be filed in the office of the county  clerk
and  in  the  office  of  the secretary of state. In counties having two
county seats, a duplicate of the county seal shall be procured and  kept
at  the  county seat where the county clerk's office is not situated, at
some place to be designated by the county clerk and may be used  by  him
the  same  as  at his office. In counties having but one court house and
which is located more than five miles from the county clerk's office,  a
duplicate  of  the  county seal shall be procured and kept at such court
house and the county clerk may use the same at  such  court  house.  The
seal kept by the county clerk in each county, as prescribed in the judi-
ciary law, shall continue to be the seal of the county, and must be used
by him where he is required to use an official seal.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07612-03-5

assembly Bill A3569

2015-2016 Legislative Session

Relates to use of official seals

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 (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 23, 2016 held for consideration in local governments
Jan 06, 2016 referred to local governments
Jun 03, 2015 print number 3569a
amend and recommit to local governments
Jan 27, 2015 referred to local governments

Bill Amendments

A3569
A3569A
A3569
A3569A

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A3569 - Bill Details

Current Committee:
Law Section:
County Law
Laws Affected:
Amd §404, County L
Versions Introduced in 2013-2014 Legislative Session:
A8666

A3569 - Bill Texts

view summary

Relates to use of official seals.

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

                                  3569

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A.  TENNEY, GOODELL, TEDISCO, MONTESANO, WALTER,
  STEC, McLAUGHLIN, GRAF, PALMESANO, HAWLEY,  McDONOUGH,  OAKS,  CORWIN,
  KOLB -- Multi-Sponsored by -- M. of A. BARCLAY, CROUCH, GIGLIO, KEARNS
  -- read once and referred to the Committee on Local Governments

AN ACT to amend the county law, in relation to use of official seals

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

  Section 1. Section 404 of the county law, as amended by chapter 961 of
the laws of 1966, is amended to read as follows:
  S 404. Official seals. The official seals of boards of supervisors  of
the  several counties, county seal, county treasurer's seal and the seal
of the register of deeds  shall  continue  to  be  the  official  seals,
respectively,  of  such boards, county treasurer, surrogate and register
of deeds and used as such, respectively, when authorized by law AND  MAY
NOT  BE USED BY ANOTHER STATE OR MUNICIPAL AGENCY WITHOUT PRIOR CONSENT.
When any such seal shall be lost, destroyed, or become  unfit  for  use,
the  board of supervisors of the county interested therein or not having
such seal, shall cause a new seal or seals to be made at the expense  of
the  county.  A  description  of  each  of such seals, together with the
impressions therefrom, shall be filed in the office of the county  clerk
and  in  the  office  of  the secretary of state. In counties having two
county seats, a duplicate of the county seal shall be procured and  kept
at  the  county seat where the county clerk's office is not situated, at
some place to be designated by the county clerk and may be used  by  him
the  same  as  at his office. In counties having but one court house and
which is located more than five miles from the county clerk's office,  a
duplicate  of  the  county seal shall be procured and kept at such court
house and the county clerk may use the same at  such  court  house.  The
seal kept by the county clerk in each county, as prescribed in the judi-
ciary law, shall continue to be the seal of the county, and must be used
by him where he is required to use an official seal.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07612-01-5

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A3569A - Bill Details

Current Committee:
Law Section:
County Law
Laws Affected:
Amd §404, County L
Versions Introduced in 2013-2014 Legislative Session:
A8666

A3569A - Bill Texts

view summary

Relates to use of official seals.

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

                                 3569--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A.  TENNEY, GOODELL, TEDISCO, MONTESANO, WALTER,
  STEC, McLAUGHLIN, GRAF, PALMESANO, HAWLEY,  McDONOUGH,  OAKS,  CORWIN,
  KOLB -- Multi-Sponsored by -- M. of A. BARCLAY, CROUCH, GIGLIO, KEARNS
  --  read  once  and  referred to the Committee on Local Governments --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the county law, in relation to use of official seals

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

  Section 1. Section 404 of the county law, as amended by chapter 961 of
the laws of 1966, is amended to read as follows:
  S 404. Official seals. The official seals of boards of supervisors  of
the  several counties, county seal, county treasurer's seal and the seal
of the register of deeds  shall  continue  to  be  the  official  seals,
respectively,  of  such boards, county treasurer, surrogate and register
of deeds and used as such, respectively, when authorized by law AND  MAY
NOT  BE  USED  BY  ANY  STATE OR MUNICIPAL AGENCY WITHOUT PRIOR CONSENT.
When any such seal shall be lost, destroyed, or become  unfit  for  use,
the  board of supervisors of the county interested therein or not having
such seal, shall cause a new seal or seals to be made at the expense  of
the  county.  A  description  of  each  of such seals, together with the
impressions therefrom, shall be filed in the office of the county  clerk
and  in  the  office  of  the secretary of state. In counties having two
county seats, a duplicate of the county seal shall be procured and  kept
at  the  county seat where the county clerk's office is not situated, at
some place to be designated by the county clerk and may be used  by  him
the  same  as  at his office. In counties having but one court house and
which is located more than five miles from the county clerk's office,  a
duplicate  of  the  county seal shall be procured and kept at such court
house and the county clerk may use the same at  such  court  house.  The
seal kept by the county clerk in each county, as prescribed in the judi-
ciary law, shall continue to be the seal of the county, and must be used
by him where he is required to use an official seal.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07612-03-5

assembly Bill A5624A

2015-2016 Legislative Session

Relates to suspension of a person's privilege to operate a pleasure vessel and suspension of a person's vessel registration

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 transportation
Jun 03, 2015 print number 5624a
amend (t) and recommit to transportation
Mar 02, 2015 referred to transportation

Bill Amendments

A5624
A5624A
A5624
A5624A

A5624 - Bill Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L

A5624 - Bill Texts

view summary

Relates to suspension of a person's privilege to operate a pleasure vessel and suspension of a person's vessel registration.

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

                                  5624

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2015
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation  to  suspension
  of  a  person's  privilege  to  operate  a  vessel and suspension of a
  person's vessel registration

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

  Section  1.  Section 1193 of the vehicle and traffic law is amended by
adding a new subdivision 3 to read as follows:
  3. SUSPENSION OF THE PRIVILEGE TO OPERATE A  VESSEL.  A  COURT  SHALL,
UPON  REVOCATION  OR SUSPENSION OF A PERSON'S MOTOR VEHICLE LICENSE AS A
RESULT OF A VIOLATION OF THIS ARTICLE, SUSPEND A PERSON'S  PRIVILEGE  TO
OPERATE  A  VESSEL  AND MAY SUSPEND SUCH PERSON'S VESSEL REGISTRATION IN
ACCORDANCE WITH SECTION FORTY NINE-A OF THE  NAVIGATION  LAW.  FOLLOWING
THE  PERIOD OF REVOCATION OR SUSPENSION IMPOSED BY THE COURT, A PERSON'S
PRIVILEGE TO OPERATE A VESSEL AND VESSEL  REGISTRATION  SHALL  BE  REIN-
STATED.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02686-01-5

Co-Sponsors

A5624A - Bill Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L

A5624A - Bill Texts

view summary

Relates to suspension of a person's privilege to operate a pleasure vessel and suspension of a person's vessel registration.

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

                                 5624--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2015
                               ___________

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

AN  ACT  to amend the vehicle and traffic law, in relation to suspension
  of a person's privilege to operate a pleasure vessel and suspension of
  a person's vessel registration

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

  Section  1.  Section 1193 of the vehicle and traffic law is amended by
adding a new subdivision 3 to read as follows:
  3. SUSPENSION OF THE PRIVILEGE TO OPERATE A PLEASURE VESSEL.  A  COURT
SHALL, UPON REVOCATION OR SUSPENSION OF A PERSON'S MOTOR VEHICLE LICENSE
AS A RESULT OF A VIOLATION OF THIS ARTICLE, SUSPEND A PERSON'S PRIVILEGE
TO OPERATE A PLEASURE VESSEL AND MAY SUSPEND SUCH PERSON'S VESSEL REGIS-
TRATION  IN  ACCORDANCE WITH SECTION FORTY-NINE-A OF THE NAVIGATION LAW.
FOLLOWING THE PERIOD OF REVOCATION OR SUSPENSION IMPOSED BY THE COURT, A
PERSON'S PRIVILEGE TO OPERATE A PLEASURE VESSEL AND VESSEL  REGISTRATION
SHALL BE REINSTATED.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02686-02-5

assembly Bill A5624

2015-2016 Legislative Session

Relates to suspension of a person's privilege to operate a pleasure vessel and suspension of a person's vessel registration

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 transportation
Jun 03, 2015 print number 5624a
amend (t) and recommit to transportation
Mar 02, 2015 referred to transportation

Bill Amendments

A5624
A5624A
A5624
A5624A

A5624 - Bill Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L

A5624 - Bill Texts

view summary

Relates to suspension of a person's privilege to operate a pleasure vessel and suspension of a person's vessel registration.

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

                                  5624

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2015
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation  to  suspension
  of  a  person's  privilege  to  operate  a  vessel and suspension of a
  person's vessel registration

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

  Section  1.  Section 1193 of the vehicle and traffic law is amended by
adding a new subdivision 3 to read as follows:
  3. SUSPENSION OF THE PRIVILEGE TO OPERATE A  VESSEL.  A  COURT  SHALL,
UPON  REVOCATION  OR SUSPENSION OF A PERSON'S MOTOR VEHICLE LICENSE AS A
RESULT OF A VIOLATION OF THIS ARTICLE, SUSPEND A PERSON'S  PRIVILEGE  TO
OPERATE  A  VESSEL  AND MAY SUSPEND SUCH PERSON'S VESSEL REGISTRATION IN
ACCORDANCE WITH SECTION FORTY NINE-A OF THE  NAVIGATION  LAW.  FOLLOWING
THE  PERIOD OF REVOCATION OR SUSPENSION IMPOSED BY THE COURT, A PERSON'S
PRIVILEGE TO OPERATE A VESSEL AND VESSEL  REGISTRATION  SHALL  BE  REIN-
STATED.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02686-01-5

Co-Sponsors

A5624A - Bill Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L

A5624A - Bill Texts

view summary

Relates to suspension of a person's privilege to operate a pleasure vessel and suspension of a person's vessel registration.

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

                                 5624--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2015
                               ___________

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

AN  ACT  to amend the vehicle and traffic law, in relation to suspension
  of a person's privilege to operate a pleasure vessel and suspension of
  a person's vessel registration

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

  Section  1.  Section 1193 of the vehicle and traffic law is amended by
adding a new subdivision 3 to read as follows:
  3. SUSPENSION OF THE PRIVILEGE TO OPERATE A PLEASURE VESSEL.  A  COURT
SHALL, UPON REVOCATION OR SUSPENSION OF A PERSON'S MOTOR VEHICLE LICENSE
AS A RESULT OF A VIOLATION OF THIS ARTICLE, SUSPEND A PERSON'S PRIVILEGE
TO OPERATE A PLEASURE VESSEL AND MAY SUSPEND SUCH PERSON'S VESSEL REGIS-
TRATION  IN  ACCORDANCE WITH SECTION FORTY-NINE-A OF THE NAVIGATION LAW.
FOLLOWING THE PERIOD OF REVOCATION OR SUSPENSION IMPOSED BY THE COURT, A
PERSON'S PRIVILEGE TO OPERATE A PLEASURE VESSEL AND VESSEL  REGISTRATION
SHALL BE REINSTATED.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02686-02-5

Pages