Bill Text: NY A09920 | 2011-2012 | General Assembly | Amended
Bill Title: Provides accidental disability retirement benefits equal to three-quarters of the final average salary for chief fire marshals, assistant fire marshals, division supervising fire marshals, supervising fire marshals, fire marshals and fire marshal trainees.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2012-06-19 - REFERRED TO RULES [A09920 Detail]
Download: New_York-2011-A09920-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9920--A
I N A S S E M B L Y
April 24, 2012
___________
Introduced by M. of A. ABBATE, WEISENBERG -- read once and referred to
the Committee on Governmental Employees -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the retirement and social security law, in relation to
providing accidental disability retirement benefits for chief fire
marshals, assistant fire marshals, division supervising fire marshals,
supervising fire marshals, fire marshals and fire marshal trainees
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 605-d to read as follows:
3 S 605-D. ACCIDENTAL DISABILITY RETIREMENT FOR CHIEF FIRE MARSHALS,
4 ASSISTANT FIRE MARSHALS, DIVISION SUPERVISING FIRE MARSHALS, SUPERVISING
5 FIRE MARSHALS, FIRE MARSHALS AND FIRE MARSHAL TRAINEES. A. A MEMBER
6 EMPLOYED AS A CHIEF FIRE MARSHAL, ASSISTANT FIRE MARSHAL, DIVISION
7 SUPERVISING FIRE MARSHAL, SUPERVISING FIRE MARSHAL, FIRE MARSHAL OR FIRE
8 MARSHAL TRAINEE SHALL BE ENTITLED TO AN ACCIDENTAL DISABILITY RETIREMENT
9 ALLOWANCE IF, AT THE TIME APPLICATION THEREFOR IS FILED, SUCH MEMBER IS:
10 1. PHYSICALLY OR MENTALLY INCAPACITATED FOR PERFORMANCE OF DUTY AS THE
11 NATURAL AND PROXIMATE RESULT OF AN ACCIDENT, UNLESS THE CONTRARY BE
12 PROVED BY COMPETENT EVIDENCE, NOT CAUSED BY HIS OWN WILLFUL NEGLIGENCE,
13 SUSTAINED IN SUCH SERVICE AND WHILE ACTUALLY A MEMBER OF THE RETIREMENT
14 SYSTEM; AND
15 2. ACTUALLY IN SERVICE UPON WHICH HIS OR HER MEMBERSHIP IS BASED.
16 HOWEVER, IN A CASE WHERE A MEMBER IS DISCONTINUED FROM SERVICE SUBSE-
17 QUENT TO THE ACCIDENT, EITHER VOLUNTARILY OR INVOLUNTARILY, AND PROVIDED
18 THAT THE MEMBER MEETS THE REQUIREMENTS OF PARAGRAPH ONE OF THIS SUBDIVI-
19 SION, APPLICATION MAY BE MADE EITHER (A) BY A VESTED MEMBER INCAPACI-
20 TATED AS THE RESULT OF A QUALIFYING WORLD TRADE CENTER CONDITION AS
21 DEFINED IN SECTION TWO OF THIS CHAPTER AT ANY TIME, OR (B) NOT LATER
22 THAN TWO YEARS AFTER THE MEMBER IS FIRST DISCONTINUED FROM SERVICE.
23 B. APPLICATION FOR AN ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE FOR
24 SUCH A MEMBER MAY BE MADE BY:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15351-02-2
A. 9920--A 2
1 1. SUCH MEMBER; OR
2 2. THE HEAD OF THE DEPARTMENT IN WHICH SUCH MEMBER IS EMPLOYED; OR
3 3. ANY PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER.
4 C. 1. AFTER THE FILING OF SUCH AN APPLICATION, SUCH MEMBER SHALL BE
5 GIVEN ONE OR MORE MEDICAL EXAMINATIONS. NO SUCH APPLICATION SHALL BE
6 APPROVED, HOWEVER, UNLESS THE MEMBER OR SOME OTHER PERSON ON HIS BEHALF
7 SHALL HAVE FILED WRITTEN NOTICE IN THE OFFICE OF THE COMPTROLLER WITHIN
8 NINETY DAYS AFTER THE ACCIDENT, SETTING FORTH:
9 (A) THE TIME WHEN AND THE PLACE WHERE SUCH ACCIDENT OCCURRED; AND
10 (B) THE PARTICULARS THEREOF; AND
11 (C) THE NATURE AND EXTENT OF THE MEMBER'S INJURIES; AND
12 (D) HIS OR HER ALLEGED INCAPACITY.
13 2. THE NOTICE HEREIN REQUIRED NEED NOT BE GIVEN:
14 (A) IF THE NOTICE OF SUCH ACCIDENT SHALL BE FILED IN ACCORDANCE WITH
15 THE PROVISIONS OF THE WORKERS' COMPENSATION LAW OF ANY STATE WITHIN
16 WHICH A PARTICIPATING EMPLOYER SHALL HAVE ITS EMPLOYEES LOCATED OR
17 PERFORMING FUNCTIONS AND DUTIES WITHIN THE NORMAL SCOPE OF THEIR EMPLOY-
18 MENT; OR
19 (B) IF THE APPLICATION FOR ACCIDENTAL DISABILITY RETIREMENT IS FILED
20 WITHIN ONE YEAR AFTER THE DATE OF SUCH ACCIDENT; OR
21 (C) IF A FAILURE TO FILE NOTICE HAS BEEN EXCUSED FOR GOOD CAUSE SHOWN
22 AS PROVIDED BY RULES AND REGULATIONS PROMULGATED BY THE COMPTROLLER.
23 D. IF THE COMPTROLLER DETERMINES THAT THE MEMBER IS PHYSICALLY OR
24 MENTALLY INCAPACITATED FOR THE PERFORMANCE OF DUTY AND OUGHT TO BE
25 RETIRED FOR ACCIDENTAL DISABILITY, SUCH MEMBER SHALL BE SO RETIRED. SUCH
26 RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY THE COMPTROLLER.
27 E. THE ANNUAL RETIREMENT ALLOWANCE PAYABLE UPON ACCIDENTAL DISABILITY
28 RETIREMENT SHALL BE A PENSION OF THREE-QUARTERS OF HIS FINAL AVERAGE
29 SALARY. THE PAYMENT OF SUCH PENSION SHALL BE SUBJECT TO THE PROVISIONS
30 OF SECTION SIXTY-FOUR OF THIS CHAPTER.
31 F. IF THE MEMBER, AT THE TIME OF THE FILING OF AN APPLICATION UNDER
32 THE PROVISIONS OF SUBDIVISION B OF THIS SECTION, IS ELIGIBLE FOR A
33 SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, HE MAY SIMULTANEOUS-
34 LY FILE AN APPLICATION FOR SERVICE RETIREMENT IN ACCORDANCE WITH THE
35 PROVISION OF SECTION SEVENTY OF THIS CHAPTER, PROVIDED THAT THE MEMBER
36 INDICATES ON THE APPLICATION FOR SERVICE RETIREMENT THAT SUCH APPLICA-
37 TION IS FILED WITHOUT PREJUDICE TO THE APPLICATION FOR ACCIDENTAL DISA-
38 BILITY RETIREMENT.
39 G. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THIS SECTION SHALL
40 APPLY TO CHIEF FIRE MARSHALS, ASSISTANT FIRE MARSHALS, DIVISION SUPER-
41 VISING FIRE MARSHALS, SUPERVISING FIRE MARSHALS, FIRE MARSHALS AND FIRE
42 MARSHAL TRAINEES WHO WERE HIRED ON OR AFTER JULY TWENTY-SEVENTH, NINE-
43 TEEN HUNDRED SEVENTY-SIX.
44 H. 1. (A) NOTWITHSTANDING ANY PROVISIONS OF THIS CHAPTER OR OF ANY
45 GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR
46 REGULATION TO THE CONTRARY, IF ANY CONDITION OR IMPAIRMENT OF HEALTH IS
47 CAUSED BY A QUALIFYING WORLD TRADE CENTER CONDITION AS DEFINED IN
48 SECTION TWO OF THIS CHAPTER, IT SHALL BE PRESUMPTIVE EVIDENCE THAT IT
49 WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY AND THE NATURAL
50 AND PROXIMATE RESULT OF AN ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN
51 WILLFUL NEGLIGENCE, UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE.
52 (B) THE COMPTROLLER IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
53 LATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
54 2. (A) NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR OF ANY GENER-
55 AL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR REGU-
56 LATION TO THE CONTRARY, IF A MEMBER WHO PARTICIPATED IN WORLD TRADE
A. 9920--A 3
1 CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS, AS DEFINED IN SECTION TWO
2 OF THIS CHAPTER, AND SUBSEQUENTLY RETIRED ON A SERVICE RETIREMENT, AN
3 ORDINARY DISABILITY RETIREMENT OR A PERFORMANCE OF DUTY DISABILITY
4 RETIREMENT AND SUBSEQUENT TO SUCH RETIREMENT IS DETERMINED BY THE COMP-
5 TROLLER TO HAVE A QUALIFYING WORLD TRADE CENTER CONDITION, AS DEFINED IN
6 SECTION TWO OF THIS CHAPTER, UPON SUCH DETERMINATION BY THE COMPTROLLER
7 IT SHALL BE PRESUMED THAT SUCH DISABILITY WAS INCURRED IN THE PERFORM-
8 ANCE AND DISCHARGE OF DUTY AS THE NATURAL AND PROXIMATE RESULT OF AN
9 ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL NEGLIGENCE, AND THAT
10 THE MEMBER WOULD HAVE BEEN PHYSICALLY OR MENTALLY INCAPACITATED FOR THE
11 PERFORMANCE AND DISCHARGE OF DUTY OF THE POSITION FROM WHICH HE OR SHE
12 RETIRED HAD THE CONDITION BEEN KNOWN AND FULLY DEVELOPED AT THE TIME OF
13 THE MEMBER'S RETIREMENT, UNLESS THE CONTRARY IS PROVEN BY COMPETENT
14 EVIDENCE.
15 (B) THE COMPTROLLER SHALL CONSIDER A RECLASSIFICATION OF THE MEMBER'S
16 RETIREMENT AS AN ACCIDENTAL DISABILITY RETIREMENT EFFECTIVE AS OF THE
17 DATE OF SUCH RECLASSIFICATION.
18 (C) SUCH MEMBER'S RETIREMENT OPTION SHALL NOT BE CHANGED AS A RESULT
19 OF SUCH RECLASSIFICATION.
20 (D) THE MEMBER'S FORMER EMPLOYER AT THE TIME OF THE MEMBER'S RETIRE-
21 MENT SHALL HAVE AN OPPORTUNITY TO BE HEARD ON THE MEMBER'S APPLICATION
22 FOR RECLASSIFICATION BY THE COMPTROLLER ACCORDING TO PROCEDURES DEVEL-
23 OPED BY THE COMPTROLLER.
24 (E) THE COMPTROLLER IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
25 LATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
26 I. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY
27 GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR
28 REGULATION TO THE CONTRARY, IF A RETIREE WHO: (1) HAS MET THE CRITERIA
29 OF SUBDIVISION H OF THIS SECTION AND RETIRED ON A SERVICE OR DISABILITY
30 RETIREMENT, OR WOULD HAVE MET THE CRITERIA IF NOT ALREADY RETIRED ON AN
31 ACCIDENTAL DISABILITY; AND (2) HAS NOT BEEN RETIRED FOR MORE THAN TWEN-
32 TY-FIVE YEARS; AND (3) DIES FROM A QUALIFYING WORLD TRADE CENTER CONDI-
33 TION, AS DEFINED IN SECTION TWO OF THIS CHAPTER, AS DETERMINED BY THE
34 APPLICABLE HEAD OF THE RETIREMENT SYSTEM OR APPLICABLE MEDICAL BOARD,
35 THEN UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH RETIREE
36 SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF AN
37 ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
38 WILLFUL NEGLIGENCE ON HIS OR HER PART. SUCH RETIREE'S ELIGIBLE BENEFICI-
39 ARY, AS SET FORTH IN SECTION SIX HUNDRED ONE OF THIS ARTICLE, SHALL BE
40 ENTITLED TO AN ACCIDENTAL DEATH BENEFIT AS PROVIDED BY SECTION SIX
41 HUNDRED SEVEN OF THIS ARTICLE, HOWEVER, FOR THE PURPOSES OF DETERMINING
42 THE SALARY BASE UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED,
43 THE RETIREE SHALL BE DEEMED TO HAVE DIED ON THE DATE OF HIS OR HER
44 RETIREMENT. UPON THE RETIREE'S DEATH, THE ELIGIBLE BENEFICIARY SHALL
45 MAKE A WRITTEN APPLICATION TO THE HEAD OF THE RETIREMENT SYSTEM WITHIN
46 THE TIME FOR FILING AN APPLICATION FOR AN ACCIDENTAL DEATH BENEFIT AS
47 SET FORTH IN SECTION SIX HUNDRED SEVEN OF THIS ARTICLE REQUESTING
48 CONVERSION OF SUCH RETIREE'S SERVICE OR DISABILITY RETIREMENT BENEFIT TO
49 AN ACCIDENTAL DEATH BENEFIT. AT THE TIME OF SUCH CONVERSION, THE ELIGI-
50 BLE BENEFICIARY SHALL RELINQUISH ALL RIGHTS TO THE PROSPECTIVE BENEFITS
51 PAYABLE UNDER THE SERVICE OR DISABILITY RETIREMENT BENEFIT, INCLUDING
52 ANY POST-RETIREMENT DEATH BENEFITS, SINCE THE RETIREE'S DEATH. IF THE
53 ELIGIBLE BENEFICIARY IS NOT THE ONLY BENEFICIARY RECEIVING OR ENTITLED
54 TO RECEIVE A BENEFIT UNDER THE SERVICE OR DISABILITY RETIREMENT BENEFIT
55 (INCLUDING, BUT NOT LIMITED TO, POST-RETIREMENT DEATH BENEFITS OR BENE-
56 FITS PAID OR PAYABLE PURSUANT TO THE RETIREE'S OPTION SELECTION), THE
A. 9920--A 4
1 ACCIDENTAL DEATH BENEFIT PAYMENTS TO THE ELIGIBLE BENEFICIARY WILL BE
2 REDUCED BY ANY AMOUNTS PAID OR PAYABLE TO ANY OTHER BENEFICIARY.
3 J. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY
4 GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR
5 REGULATION TO THE CONTRARY, IF A MEMBER WHO: (1) HAS MET THE CRITERIA OF
6 SUBDIVISION H OF THIS SECTION; AND (2) DIES IN ACTIVE SERVICE FROM A
7 QUALIFYING WORLD TRADE CENTER CONDITION, AS DEFINED IN SECTION TWO OF
8 THIS CHAPTER, AS DETERMINED BY THE APPLICABLE HEAD OF THE RETIREMENT
9 SYSTEM OR APPLICABLE MEDICAL BOARD TO HAVE BEEN CAUSED BY SUCH MEMBER'S
10 PARTICIPATION IN THE WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP
11 OPERATIONS, AS DEFINED IN SECTION TWO OF THIS CHAPTER, THEN UNLESS THE
12 CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH MEMBER SHALL BE DEEMED TO
13 HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN
14 THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF WILLFUL NEGLIGENCE ON HIS
15 OR HER PART. SUCH MEMBER'S ELIGIBLE BENEFICIARY, AS SET FORTH IN SECTION
16 SIX HUNDRED ONE OF THIS ARTICLE, SHALL BE ENTITLED TO AN ACCIDENTAL
17 DEATH BENEFIT PROVIDED HE OR SHE MAKES WRITTEN APPLICATION TO THE HEAD
18 OF THE RETIREMENT SYSTEM WITHIN THE TIME FOR FILING AN APPLICATION FOR
19 AN ACCIDENTAL DEATH BENEFIT AS SET FORTH IN SECTION SIX HUNDRED SEVEN OF
20 THIS ARTICLE.
21 S 2. The amount specified in this section, or so much thereof as shall
22 be sufficient to accomplish the purpose designated, is hereby appropri-
23 ated and authorized to be paid as hereinafter provided, to the public
24 officers and for the purposes specified, which amount shall be available
25 for the state fiscal year beginning April 1, 2012.
26 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
27 GENERAL STATE CHARGES
28 STATE OPERATIONS 2012-13
29 GENERAL STATE CHARGES
30 General Fund
31 State Purposes Account
32 For the state's contribution to the employ-
33 ees' retirement system pension accumu-
34 lation fund and the New York state public
35 employees group life insurance plan, as
36 required by section 25 of the retirement
37 and social security law, to pay for the
38 purposes of section 605-d of the retire-
39 ment and social security law .................... 52,000
40 S 3. This act shall take effect immediately; provided, however, that
41 section two of this act shall be deemed to have been in full force and
42 effect on and after April 1, 2012.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would grant Tier 3, 4 and 5 chief fire marshals, assistant
fire marshals, division supervising fire marshals, supervising fire
marshals, fire marshals and fire marshal trainees an accidental disabil-
ity for injuries sustained in the performance of duty and the result of
an accident, unless the contrary be proven by competent evidence. The
benefit for an accidental disability would be 75% of final average sala-
ry less worker's compensation.
A. 9920--A 5
If this bill is enacted during the 2012 session, insofar as this bill
would affect Nassau County, there will be an estimated increase of
approximately $52,000 in the annual contributions for the fiscal year
ending March 31, 2013.
These estimated costs are based on fifty-three (53) members having an
annual salary for the fiscal year ending March 31, 2012 of approximately
$5.5 million.
There would also be a cost for any other municipality which employs
fire marshals, which would depend on the salaries of the affected fire
marshals.
Summary of relevant resources:
Data: March 31, 2011 Actuarial Year End File with distributions of
membership and other statistics displayed in the 2011 Report of the
Actuary and 2011 Comprehensive Annual Financial Report.
Assumptions and Methods: 2010 and 2011 Annual Report to the Comp-
troller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
Market Assets and GASB Disclosures: March 31, 2011 New York State and
Local Retirement System Financial Statements and Supplementary Informa-
tion.
Valuations of Benefit Liabilities and Actuarial Assets: summarized in
the 2011 Actuarial Valuations report.
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 March 15, 2012 and intended for use only during
the 2012 Legislative Session, is Fiscal Note No. 2012-90, prepared by
the Actuary for the New York State and Local Employees' Retirement
System.
