Bill Text: NY A05326 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to providing performance of duty disability retirement benefits for members in the employ of the Nassau county police department as ambulance medical technician supervisors, ambulance medical technician coordinators and ambulance medical technicians.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to governmental employees [A05326 Detail]
Download: New_York-2015-A05326-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5326 2015-2016 Regular Sessions I N A S S E M B L Y February 18, 2015 ___________ Introduced by M. of A. ABBATE -- read once and referred to the Committee on Governmental Employees AN ACT to amend the retirement and social security law, in relation to providing performance of duty disability retirement benefits for members in the employ of the Nassau county police department as ambu- lance medical technician supervisors, ambulance medical technician coordinators and ambulance medical technicians THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The retirement and social security law is amended by adding 2 a new section 607-i to read as follows: 3 S 607-I. PERFORMANCE OF DUTY DISABILITY RETIREMENT FOR MEMBERS IN THE 4 EMPLOY OF THE NASSAU COUNTY POLICE DEPARTMENT AS AMBULANCE MEDICAL TECH- 5 NICIAN SUPERVISORS, AMBULANCE MEDICAL TECHNICIAN COORDINATORS AND AMBU- 6 LANCE MEDICAL TECHNICIANS. A. A MEMBER EMPLOYED BY THE NASSAU COUNTY 7 POLICE DEPARTMENT AS AN AMBULANCE MEDICAL TECHNICIAN SUPERVISOR, AMBU- 8 LANCE MEDICAL TECHNICIAN COORDINATOR OR AN AMBULANCE MEDICAL TECHNICIAN, 9 WHO BECOMES PHYSICALLY OR MENTALLY INCAPACITATED FOR THE PERFORMANCE OF 10 DUTIES AS THE NATURAL AND PROXIMATE RESULT OF AN INJURY, SUSTAINED AND 11 DOCUMENTED AFTER THE ENACTMENT OF THIS SECTION, AND SUSTAINED IN THE 12 PERFORMANCE OR DISCHARGE OF HIS OR HER DUTIES SHALL BE PAID A PERFORM- 13 ANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE EQUAL TO THREE-QUARTERS OF 14 FINAL AVERAGE SALARY, SUBJECT TO SECTION SIXTY-FOUR OF THIS CHAPTER. 15 B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL OR 16 SPECIAL LAW TO THE CONTRARY, A MEMBER COVERED BY THIS SECTION WHO 17 CONTRACTS HIV (WHERE THE MEMBER MAY HAVE BEEN EXPOSED TO A BODILY FLUID 18 OF A PERSON UNDER HIS OR HER CARE OR TREATMENT, OR WHILE THE MEMBER 19 EXAMINED, TRANSPORTED OR OTHERWISE HAS CONTACT WITH SUCH PERSON, IN THE 20 PERFORMANCE OF HIS OR HER DUTIES) TUBERCULOSIS OR HEPATITIS, WILL BE 21 PRESUMED TO HAVE CONTRACTED SUCH DISEASE IN THE PERFORMANCE OR DISCHARGE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07738-02-5 A. 5326 2 1 OF HIS OR HER DUTIES, UNLESS THE CONTRARY BE PROVED BY COMPETENT 2 EVIDENCE. 3 C. 1. (A) NOTWITHSTANDING ANY PROVISIONS OF THIS CHAPTER OR OF ANY 4 GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR 5 REGULATION OF THE CONTRARY, IF ANY CONDITION OR IMPAIRMENT OF HEALTH IS 6 CAUSED BY A QUALIFYING WORLD TRADE CENTER CONDITION AS DEFINED IN 7 SECTION TWO OF THIS CHAPTER, IT SHALL BE PRESUMPTIVE EVIDENCE THAT IT 8 WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY AND THE NATURAL 9 AND PROXIMATE RESULT OF AN ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN 10 WILLFUL NEGLIGENCE, UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE. 11 (B) THE HEAD OF EACH RETIREMENT SYSTEM IS HEREBY AUTHORIZED TO PROMUL- 12 GATE RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARA- 13 GRAPH. 14 2. (A) NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR OF ANY GENER- 15 AL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR REGU- 16 LATION TO THE CONTRARY, IF A MEMBER WHO PARTICIPATED IN WORLD TRADE 17 CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS AS DEFINED IN SECTION TWO 18 OF THIS CHAPTER, AND SUBSEQUENTLY RETIRED ON A SERVICE RETIREMENT, AN 19 ORDINARY DISABILITY RETIREMENT, A PERFORMANCE OF DUTY DISABILITY RETIRE- 20 MENT, AND SUBSEQUENT TO SUCH RETIREMENT OR SEPARATION IS DETERMINED BY 21 THE COMPTROLLER TO HAVE A QUALIFYING WORLD TRADE CENTER CONDITION, AS 22 DEFINED IN SECTION TWO OF THIS CHAPTER, UPON SUCH DETERMINATION BY THE 23 HEAD OF THE RETIREMENT SYSTEM, IT SHALL BE PRESUMED THAT SUCH DISABILITY 24 WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY AS THE NATURAL AND 25 PROXIMATE RESULT OF AN ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL 26 NEGLIGENCE, AND THAT THE MEMBER WOULD HAVE BEEN PHYSICALLY OR MENTALLY 27 INCAPACITATED FOR THE PERFORMANCE AND DISCHARGE OF DUTY OF THE POSITION 28 FROM WHICH HE OR SHE RETIRED HAD THE CONDITION BEEN KNOWN AND FULLY 29 DEVELOPED AT THE TIME OF THE MEMBER'S RETIREMENT, UNLESS THE CONTRARY IS 30 PROVEN BY COMPETENT EVIDENCE. 31 (B) THE HEAD OF THE RETIREMENT SYSTEM SHALL CONSIDER A RECLASSIFICA- 32 TION OF THE MEMBER'S RETIREMENT OR VESTING AS AN ACCIDENTAL DISABILITY 33 RETIREMENT EFFECTIVE AS OF THE DATE OF SUCH RECLASSIFICATION. 34 (C) SUCH MEMBER'S RETIREMENT OPTION SHALL NOT BE CHANGED AS A RESULT 35 OF SUCH RECLASSIFICATION. 36 (D) THE HEAD OF EACH RETIREMENT SYSTEM IS HEREBY AUTHORIZED TO PROMUL- 37 GATE RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARA- 38 GRAPH. 39 D. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY 40 GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR 41 REGULATION TO THE CONTRARY, IF A RETIREE WHO: (1) HAS MET THE CRITERIA 42 OF SUBDIVISION C OF THIS SECTION AND RETIRED ON A SERVICE OR DISABILITY 43 RETIREMENT, WOULD HAVE MET THE CRITERIA IF NOT ALREADY RETIRED ON AN 44 ACCIDENTAL DISABILITY; AND (2) HAS NOT BEEN RETIRED FOR MORE THAN TWEN- 45 TY-FIVE YEARS; AND (3) DIES FROM A QUALIFYING WORLD TRADE CENTER CONDI- 46 TION, AS DEFINED IN SECTION TWO OF THIS CHAPTER, AS DETERMINED BY THE 47 APPLICABLE HEAD OF THE RETIREMENT SYSTEM OR APPLICABLE MEDICAL BOARD, 48 THEN UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH RETIREE 49 SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF AN 50 ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF 51 WILLFUL NEGLIGENCE ON HIS OR HER PART. SUCH RETIREE'S ELIGIBLE BENEFICI- 52 ARY, AS SET FORTH IN SECTION SIX HUNDRED ONE OF THIS ARTICLE, SHALL BE 53 ENTITLED TO AN ACCIDENTAL DEATH BENEFIT AS PROVIDED BY SECTION SIX 54 HUNDRED SEVEN OF THIS ARTICLE, HOWEVER, FOR THE PURPOSES OF DETERMINING 55 THE SALARY BASE UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, 56 THE RETIREE SHALL BE DEEMED TO HAVE DIED ON THE DATE OF HIS OR HER A. 5326 3 1 RETIREMENT. UPON THE RETIREE'S DEATH, THE ELIGIBLE BENEFICIARY SHALL 2 MAKE A WRITTEN APPLICATION TO THE HEAD OF THE RETIREMENT SYSTEM WITHIN 3 THE TIME FOR FILING AN APPLICATION FOR AN ACCIDENTAL DEATH BENEFIT AS 4 SET FORTH IN SECTION SIX HUNDRED SEVEN OF THIS ARTICLE REQUESTING 5 CONVERSION OF SUCH RETIREE'S SERVICE OR DISABILITY RETIREMENT BENEFIT TO 6 AN ACCIDENTAL DEATH BENEFIT. AT THE TIME OF SUCH CONVERSION, THE ELIGI- 7 BLE BENEFICIARY SHALL RELINQUISH ALL RIGHTS TO THE PROSPECTIVE BENEFITS 8 PAYABLE UNDER THE SERVICE OR DISABILITY RETIREMENT BENEFIT, INCLUDING 9 ANY POST-RETIREMENT DEATH BENEFITS, SINCE THE RETIREE'S DEATH. IF THE 10 ELIGIBLE BENEFICIARY IS NOT THE ONLY BENEFICIARY RECEIVING OR ENTITLED 11 TO RECEIVE A BENEFIT UNDER THE SERVICE OR DISABILITY RETIREMENT BENEFIT 12 (INCLUDING, BUT NOT LIMITED TO, POST-RETIREMENT DEATH BENEFITS OR BENE- 13 FITS PAID OR PAYABLE PURSUANT TO THE RETIREE'S OPTION SELECTION), THE 14 ACCIDENTAL DEATH BENEFIT PAYMENTS TO THE ELIGIBLE BENEFICIARY WILL BE 15 REDUCED BY ANY AMOUNTS PAID OR PAYABLE TO ANY OTHER BENEFICIARY. 16 E. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY 17 GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR 18 REGULATION TO THE CONTRARY, IF A MEMBER WHO: (1) HAS MET THE CRITERIA OF 19 SUBDIVISION C OF THIS SECTION; AND (2) DIES FROM A QUALIFYING WORLD 20 TRADE CENTER CONDITION, AS DEFINED IN SECTION TWO OF THIS CHAPTER, AS 21 DETERMINED BY THE APPLICABLE HEAD OF THE RETIREMENT SYSTEM OR APPLICABLE 22 MEDICAL BOARD TO HAVE BEEN CAUSED BY SUCH MEMBER'S PARTICIPATION IN THE 23 WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS, AS DEFINED IN 24 SECTION TWO OF THIS CHAPTER, THEN UNLESS THE CONTRARY BE PROVEN BY 25 COMPETENT EVIDENCE, SUCH MEMBER SHALL BE DEEMED TO HAVE DIED AS A 26 NATURAL AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE 27 OF DUTY AND NOT AS A RESULT OF WILLFUL NEGLIGENCE ON HIS OR HER PART. 28 SUCH MEMBER'S ELIGIBLE BENEFICIARY, AS SET FORTH IN SECTION SIX HUNDRED 29 ONE OF THIS ARTICLE, SHALL BE ENTITLED TO AN ACCIDENTAL DEATH BENEFIT 30 PROVIDED HE OR SHE MAKES WRITTEN APPLICATION TO THE HEAD OF THE RETIRE- 31 MENT SYSTEM WITHIN THE TIME FOR FILING AN APPLICATION FOR AN ACCIDENTAL 32 DEATH BENEFIT AS SET FORTH IN SECTION SIX HUNDRED SEVEN OF THIS ARTICLE. 33 S 2. All past service costs incurred due to implementing the 34 provisions of this act shall be borne by Nassau county. 35 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, unless the contrary be proven by competent evidence. The benefit for a performance of duty disability would be 75% of final average salary less worker's compen- sation. Such injuries must be sustained and documented after the enact- ment of this legislation. Further, this bill would grant that members whose health is impaired due to a qualifying World Trade Center condition would also be eligible for this new benefit. In addition, the beneficiaries of those who have been retired due to a qualifying World Trade Center condition, and die within 25 years from their date of disability retirement, will have their benefits recalculated as 50% of pay accidental death benefits. The number of members and retirees who could be affected by the enhanced Work Trade Center benefits of this legislation cannot be readi- ly determined. If this bill is enacted during the 2015 session, there will be an estimated increase of approximately $515,000 in the annual contributions of Nassau County for the fiscal year ending March 31, 2015. A. 5326 4 In addition to the annual contributions discussed above, there will be an immediate past service cost of approximately $1.72 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. There would also be a past service cost for any members and retirees who become eligible for the enhanced World Trace center benefits of this legislation. 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 February 3, 2015, and intended for use only during the 2015 Legislative Session, is Fiscal Note No. 2015-50, prepared by the Actuary for the New York State and Local Employees' Retirement System.