Bill Text: NY S07286 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to providing accidental disability retirement benefits for fire protection specialists I, II and III.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-15 - REFERRED TO CIVIL SERVICE AND PENSIONS [S07286 Detail]

Download: New_York-2019-S07286-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7286

                    IN SENATE

                                    January 15, 2020
                                       ___________

        Introduced  by  Sen. SKOUFIS -- 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  fire
          protection specialists

          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-f to read as follows:
     3    § 605-f. Accidental disability retirement for fire protection special-
     4  ists.    a.  A  member  employed as a fire protection specialist I, fire
     5  protection specialist II or fire  protection  specialist  III  shall  be
     6  entitled  to  an  accidental  disability retirement allowance if, at the
     7  time application therefor is filed, such member is:
     8    1. Physically or mentally incapacitated for performance of duty as the
     9  natural and proximate result of an  accident,  unless  the  contrary  be
    10  proved  by  competent  evidence,  not  caused  by his or her own willful
    11  negligence, sustained in such service and while actually a member of the
    12  retirement system; and
    13    2. Actually in service upon which his  or  her  membership  is  based.
    14  However,  in  a  case where a member is discontinued from service subse-
    15  quent to the accident, either voluntarily or involuntarily, and provided
    16  that the member meets the requirements of paragraph one of this subdivi-
    17  sion, application may be made not later than two years after the  member
    18  is first discontinued from service.
    19    b.  Application  for an accidental disability retirement allowance for
    20  such a member may be made by:
    21    1. Such member; or
    22    2. The head of the department in which such member is employed; or
    23    3. Any person acting on behalf of and authorized by such member.
    24    c. 1. After the filing of such an application, such  member  shall  be
    25  given  one  or  more  medical examinations. No such application shall be
    26  approved, however, unless the member or some other person on his or  her

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09153-04-0
        S. 7286                             2

     1  behalf  shall have filed written notice in the office of the comptroller
     2  within ninety days after the accident, setting forth:
     3    (a) The time when and the place where such accident occurred; and
     4    (b) The particulars thereof; and
     5    (c) The nature and extent of the member's injuries; and
     6    (d) His or her alleged incapacity.
     7    2. The notice herein required need not be given:
     8    (a)  If  the notice of such accident shall be filed in accordance with
     9  the provisions of the workers' compensation  law  of  any  state  within
    10  which  a participating employer in New York State shall have its employ-
    11  ees located or performing functions and duties within the  normal  scope
    12  of their employment; or
    13    (b)  If  the application for accidental disability retirement is filed
    14  within one year after the date of such accident; or
    15    (c) If a failure to file notice has been excused for good cause  shown
    16  as provided by rules and regulations promulgated by the comptroller.
    17    d.  If  the  comptroller  determines  that the member is physically or
    18  mentally incapacitated for the performance  of  duty  and  ought  to  be
    19  retired for accidental disability, such member shall be so retired. Such
    20  retirement shall be effective as of a date approved by the comptroller.
    21    e.  The annual retirement allowance payable upon accidental disability
    22  retirement shall be a pension of three-quarters  of  his  or  her  final
    23  average  salary.  The  payment  of  such pension shall be subject to the
    24  provisions of section sixty-four of this chapter.
    25    f. If the member, at the time of the filing of  an  application  under
    26  the  provisions  of  subdivision  b  of  this section, is eligible for a
    27  service retirement benefit, then and in that event, he or she may simul-
    28  taneously file an application for service retirement in accordance  with
    29  the  provisions  of  section  seventy of this chapter, provided that the
    30  member indicates on the application for  service  retirement  that  such
    31  application is filed without prejudice to the application for accidental
    32  disability retirement.
    33    g.  Notwithstanding  any  other  provision  of law, this section shall
    34  apply to fire protection specialists I, fire protection  specialists  II
    35  and  fire  protection  specialists  III  who were hired on or after July
    36  twenty-seventh, nineteen hundred seventy-six.
    37    § 2. This act shall take effect immediately.