Bill Text: NY S07207 | 2013-2014 | General Assembly | Introduced
Bill Title: Provides a performance of duty disability retirement benefit of 75% for members in the employ of the Nassau county police department as ambulance medical technicians.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-05-06 - REFERRED TO CIVIL SERVICE AND PENSIONS [S07207 Detail]
Download: New_York-2013-S07207-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7207
I N S E N A T E
May 6, 2014
___________
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
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 IN
11 THE PERFORMANCE OR DISCHARGE OF HIS OR HER DUTIES SHALL BE PAID A
12 PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOWANCE EQUAL TO THREE-QUAR-
13 TERS OF FINAL AVERAGE SALARY, SUBJECT TO SECTION SIXTY-FOUR OF THIS
14 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 HAD 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
22 OF HIS OR HER DUTIES, UNLESS THE CONTRARY BE PROVED BY COMPETENT
23 EVIDENCE.
24 C. 1. (A) NOTWITHSTANDING ANY PROVISIONS OF THIS CHAPTER OR OF ANY
25 GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14708-03-4
S. 7207 2
1 REGULATION TO THE CONTRARY, IF ANY CONDITION OR IMPAIRMENT OF HEALTH IS
2 CAUSED BY A QUALIFYING WORLD TRADE CENTER CONDITION AS DEFINED IN
3 SECTION TWO OF THIS CHAPTER, IT SHALL BE PRESUMPTIVE EVIDENCE THAT IT
4 WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY AND THE NATURAL
5 AND PROXIMATE RESULT OF AN ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN
6 WILLFUL NEGLIGENCE, UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE.
7 (B) THE HEAD OF EACH RETIREMENT SYSTEM IS HEREBY AUTHORIZED TO PROMUL-
8 GATE RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARA-
9 GRAPH.
10 2. (A) NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR OF ANY GENER-
11 AL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR REGU-
12 LATION TO THE CONTRARY, IF A MEMBER WHO PARTICIPATED IN WORLD TRADE
13 CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS AS DEFINED IN SECTION TWO
14 OF THIS CHAPTER, AND SUBSEQUENTLY RETIRED ON A SERVICE RETIREMENT, AN
15 ORDINARY DISABILITY RETIREMENT, A PERFORMANCE OF DUTY DISABILITY RETIRE-
16 MENT, AND SUBSEQUENT TO SUCH RETIREMENT OR SEPARATION IS DETERMINED BY
17 THE COMPTROLLER TO HAVE A QUALIFYING WORLD TRADE CENTER CONDITION, AS
18 DEFINED IN SECTION TWO OF THIS CHAPTER, UPON SUCH DETERMINATION BY THE
19 HEAD OF THE RETIREMENT SYSTEM, IT SHALL BE PRESUMED THAT SUCH DISABILITY
20 WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY AS THE NATURAL AND
21 PROXIMATE RESULT OF AN ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL
22 NEGLIGENCE, AND THAT THE MEMBER WOULD HAVE BEEN PHYSICALLY OR MENTALLY
23 INCAPACITATED FOR THE PERFORMANCE AND DISCHARGE OF DUTY OF THE POSITION
24 FROM WHICH HE OR SHE RETIRED HAD THE CONDITION BEEN KNOWN AND FULLY
25 DEVELOPED AT THE TIME OF THE MEMBER'S RETIREMENT, UNLESS THE CONTRARY IS
26 PROVEN BY COMPETENT EVIDENCE.
27 (B) THE HEAD OF THE RETIREMENT SYSTEM SHALL CONSIDER A RECLASSIFICA-
28 TION OF THE MEMBER'S RETIREMENT OR VESTING AS AN ACCIDENTAL DISABILITY
29 RETIREMENT EFFECTIVE AS OF THE DATE OF SUCH RECLASSIFICATION.
30 (C) SUCH MEMBER'S RETIREMENT OPTION SHALL NOT BE CHANGED AS A RESULT
31 OF SUCH RECLASSIFICATION.
32 (D) THE HEAD OF EACH RETIREMENT SYSTEM IS HEREBY AUTHORIZED TO PROMUL-
33 GATE RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARA-
34 GRAPH.
35 D. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY
36 GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR
37 REGULATION TO THE CONTRARY, IF A RETIREE WHO: (1) HAS MET THE CRITERIA
38 OF SUBDIVISION C OF THIS SECTION AND RETIRED ON A SERVICE OR DISABILITY
39 RETIREMENT, WOULD HAVE MET THE CRITERIA IF NOT ALREADY RETIRED ON AN
40 ACCIDENTAL DISABILITY; AND (2) HAS NOT BEEN RETIRED FOR MORE THAN TWEN-
41 TY-FIVE YEARS; AND (3) DIES FROM A QUALIFYING WORLD TRADE CENTER CONDI-
42 TION, AS DEFINED IN SECTION TWO OF THIS CHAPTER, AS DETERMINED BY THE
43 APPLICABLE HEAD OF THE RETIREMENT SYSTEM OR APPLICABLE MEDICAL BOARD,
44 THEN UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH RETIREE
45 SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF AN
46 ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
47 WILLFUL NEGLIGENCE ON HIS OR HER PART. SUCH RETIREE'S ELIGIBLE BENEFICI-
48 ARY, AS SET FORTH IN SECTION SIX HUNDRED ONE OF THIS ARTICLE, SHALL BE
49 ENTITLED TO AN ACCIDENTAL DEATH BENEFIT AS PROVIDED BY SECTION SIX
50 HUNDRED SEVEN OF THIS ARTICLE, HOWEVER, FOR THE PURPOSES OF DETERMINING
51 THE SALARY BASE UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED,
52 THE RETIREE SHALL BE DEEMED TO HAVE DIED ON THE DATE OF HIS OR HER
53 RETIREMENT. UPON THE RETIREE'S DEATH, THE ELIGIBLE BENEFICIARY SHALL
54 MAKE A WRITTEN APPLICATION TO THE HEAD OF THE RETIREMENT SYSTEM WITHIN
55 THE TIME FOR FILING AN APPLICATION FOR AN ACCIDENTAL DEATH BENEFIT AS
56 SET FORTH IN SECTION SIX HUNDRED SEVEN OF THIS ARTICLE REQUESTING
S. 7207 3
1 CONVERSION OF SUCH RETIREE'S SERVICE OR DISABILITY RETIREMENT BENEFIT TO
2 AN ACCIDENTAL DEATH BENEFIT. AT THE TIME OF SUCH CONVERSION, THE ELIGI-
3 BLE BENEFICIARY SHALL RELINQUISH ALL RIGHTS TO THE PROSPECTIVE BENEFITS
4 PAYABLE UNDER THE SERVICE OR DISABILITY RETIREMENT BENEFIT, INCLUDING
5 ANY POST-RETIREMENT DEATH BENEFITS, SINCE THE RETIREE'S DEATH. IF THE
6 ELIGIBLE BENEFICIARY IS NOT THE ONLY BENEFICIARY RECEIVING OR ENTITLED
7 TO RECEIVE A BENEFIT UNDER THE SERVICE OR DISABILITY RETIREMENT BENEFIT
8 (INCLUDING, BUT NOT LIMITED TO, POST-RETIREMENT DEATH BENEFITS OR BENE-
9 FITS PAID OR PAYABLE PURSUANT TO THE RETIREE'S OPTION SELECTION), THE
10 ACCIDENTAL DEATH BENEFIT PAYMENTS TO THE ELIGIBLE BENEFICIARY WILL BE
11 REDUCED BY ANY AMOUNTS PAID OR PAYABLE TO ANY OTHER BENEFICIARY.
12 E. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY
13 GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR
14 REGULATION TO THE CONTRARY, IF A MEMBER WHO: (1) HAS MET THE CRITERIA OF
15 SUBDIVISION C OF THIS SECTION; AND (2) DIES FROM A QUALIFYING WORLD
16 TRADE CENTER CONDITION, AS DEFINED IN SECTION TWO OF THIS CHAPTER, AS
17 DETERMINED BY THE APPLICABLE HEAD OF THE RETIREMENT SYSTEM OR APPLICABLE
18 MEDICAL BOARD TO HAVE BEEN CAUSED BY SUCH MEMBER'S PARTICIPATION IN THE
19 WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS, AS DEFINED IN
20 SECTION TWO OF THIS CHAPTER, THEN UNLESS THE CONTRARY BE PROVEN BY
21 COMPETENT EVIDENCE, SUCH MEMBER SHALL BE DEEMED TO HAVE DIED AS A
22 NATURAL AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE
23 OF DUTY AND NOT AS A RESULT OF WILLFUL NEGLIGENCE ON HIS OR HER PART.
24 SUCH MEMBER'S ELIGIBLE BENEFICIARY, AS SET FORTH IN SECTION SIX HUNDRED
25 ONE OF THIS ARTICLE, SHALL BE ENTITLED TO AN ACCIDENTAL DEATH BENEFIT
26 PROVIDED HE OR SHE MAKES WRITTEN APPLICATION TO THE HEAD OF THE RETIRE-
27 MENT SYSTEM WITHIN THE TIME FOR FILING AN APPLICATION FOR AN ACCIDENTAL
28 DEATH BENEFIT AS SET FORTH IN SECTION SIX HUNDRED SEVEN OF THIS ARTICLE.
29 S 2. All past service costs incurred due to implementing the
30 provisions of this act shall be borne by Nassau county.
31 S 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill will allow any Nassau County ambulance medical technician to
become eligible to receive a disability benefit of 75% of final average
salary (FAS) less worker's compensation for a disability sustained in
the performance of duty. This would also include disabilities sustained
due to hepatitis, tuberculosis, HIV and World Trade Center related
illnesses. Currently, such members may file for an accidental disability
benefit of 1/3 of final average salary.
Further, this bill would grant that members whose health is impaired
due to a qualifying World Trade Center condition would also be eligible
for the new 75% of FAS 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, to
have their benefits recalculated as 50% of pay accidental death bene-
fits.
The number of members and retirees who could be affected by the
enhanced World Trade Center benefits of this legislation cannot be read-
ily determined.
If this legislation is enacted during the 2014 legislative session, we
anticipate that there will be an increase in the annual contributions of
Nassau County of approximately $390,000 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 $1.8 million which would
S. 7207 4
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, 2015.
These estimated costs above are based on 162 ambulance medical techni-
cians employed by Nassau County with a total estimated annual salary of
approximately $14.9 million for the fiscal year ending March 31, 2013.
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, 2013 actuarial valu-
ation. Distributions and other statistics can be found in the 2013
Report of the Actuary and the 2013 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2010,
2011, 2012 and 2013 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, 2013
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 29, 2014, and intended for use only during
the 2014 Legislative Session, is Fiscal Note No. 2014-119, prepared by
the Actuary for the New York State and Local Employees' Retirement
System.
