Relates to providing certain accidental disability retirement benefits for fire marshals in Nassau county

BILL NUMBER:S5669

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 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 3/4 accidental disability 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 Fire Marshals in the adjacent City of New York have a 75% 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

None.

Effective date

Immediately.