What's happening
This bill grants enhanced disability retirement benefits to airport firefighters and safety officers in New York's military and naval affairs division.
Why it matters
Creates a legal presumption that heart disease, lung disease, and certain cancers in airport firefighters and safety officers are work-related. making it easier for affected employees to qualify for enhanced disability retirement benefits unless the state can prove otherwise.
Significantly increases the disability pension benefit. from one-third of the final average salary to one-half (or up to 75% in specific cases involving certain diseases), providing greater financial security for those injured or made ill in the line of duty.
Allows applications for disability retirement to be filed not only by the firefighter, but also by their department head or an authorized representative. potentially streamlining access to benefits for incapacitated employees.
Recognizes the unique occupational health risks faced by airport firefighters and safety officers. by aligning their benefits with those of other high-risk public safety workers, which may help with recruitment, retention, and morale in these specialized roles.
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Who cares
Division of Military and Naval Affairs airport firefighters and training and safety officers
Eligible retirement-system members would gain duty-disability pensions and presumptions that qualifying heart disease, lung disease and specified cancers are job-related, subject to contrary evidence and entry-exam requirements.
Division of Military and Naval Affairs
Its department head could apply for duty-disability retirement on behalf of covered employees.
State comptroller
The bill would require the comptroller to determine applicants’ incapacity for duty after medical examinations and approve retirement dates.
New York State budget officials
The fiscal note projects increased annual pension contributions and a one-time past-service cost borne by the state.
Headline styles
Boost Disability Pay for Firefighters
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
2 Co-sponsors
History
- Substituted by A4436
- Ordered to third reading cal.1683
- Committee discharged and committed to rules
- Reported and committed to finance
- Referred to civil service and pensions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Firefighter Disability Benefits
Vetoed · Sponsor Peter Abbate
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3801
2019-2020 Regular Sessions
IN SENATE
February 14, 2019
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 disability benefits for firefighters employed by the division of military and naval affairs
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The retirement and social security law is amended by adding two new sections 63-g and 63-h to read as follows:
§ 63-g. Performance of duty disability retirement. a. Any member of the retirement system employed by the division of military and naval affairs shall be eligible to retire pursuant to the provisions of this section if he or she is an airport firefighter apprentice, airport firefighter I, airport firefighter II, airport firefighter III or training and safety officer.
b. Notwithstanding any provision of this chapter or of any general or special law to the contrary, any member who becomes physically or mentally incapacitated as the result of a disability, who is presently employed and who shall have sustained such disability while so employed and while actually a member of the retirement system, provided that such disability or death (A) was caused by the natural and proximate result of a disability, not caused by such firefighter's own willful negligence and (B) was incurred in the performance and discharge of duty, unless the contrary be proven by competent evidence, shall be paid a performance of duty disability retirement benefit payable pursuant to this section.
c. Application for a performance of duty disability retirement allowance for such a member may be made by:
1. Such member;
2. The head of the department in which such member is employed; or
3. Some person acting on behalf of and authorized by such member.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06127-02-9
S. 3801 2
d. After the filing of such an application such member shall be given one or more medical examinations. If the comptroller determines that the member is physically or mentally incapacitated for the performance of duty and ought to be retired for performance of duty disability, such member shall be so retired. Such retirement shall be effective as of a date approved by the comptroller.
e. The retirement allowance payable upon retirement for performance of duty disability shall consist of a pension of one-half of his or her final average salary plus an annuity which shall be the actuarial equivalent of such member's accumulated contributions, if any.
f. If the member, at the time of the filing of an application under the provisions of subdivision c of this section, is eligible for a service retirement benefit, then and in that event, such member may simultaneously file an application for service retirement in accordance with the provisions of section seventy of this article, provided that the member indicates on the application for service retirement that such application is filed without prejudice to the application for performance of duty disability retirement.
g. Any benefit provided pursuant to this section shall not be considered as an accidental disability benefit within the meaning of section sixty-four of this title. Any benefit payable pursuant to the workers' compensation law to a member receiving a disability allowance pursuant to this section shall be in addition to such retirement for disability incurred in performance of duty allowance.
§ 63-h. Certain impairments of health; presumption. a. Any member of the retirement system employed by the division of military and naval affairs shall be eligible to retire pursuant to the provisions of this section if he or she is an airport firefighter apprentice, airport firefighter I, airport firefighter II, airport firefighter III or training and safety officer.
b. Notwithstanding any provision of this chapter or of any general or special law to the contrary, any condition of impairment of health caused by: (1) diseases of the heart; or (2) any (i) melanoma or (ii) condition of cancer affecting the lymphatic, digestive, hematological, urinary, neurological, breast, reproductive or prostate systems resulting in disability to a member covered by this section, presently employed, who successfully passed a physical examination on entry into service as an airport firefighter apprentice, airport firefighter I, airport firefighter II, airport firefighter III or training and safety officer which examination failed to reveal evidence of any disease or other impairment of the heart or such melanoma or condition, shall be presumptive evidence that it was incurred in the performance and discharge of duty, unless the contrary be proven by competent evidence and shall be paid a performance of duty disability retirement allowance equal to that which is provided in section sixty-three of this title, subject to the provisions of section sixty-four of this title.
c. Notwithstanding any provision of this chapter or of any general or special law to the contrary, any condition of impairment of health caused by diseases of the lung, resulting in disability to a member covered by this section, presently employed, who successfully passed a physical examination on entry into service as an airport firefighter apprentice, airport firefighter I, airport firefighter II, airport firefighter III or training and safety officer, which examination failed to disclose evidence of any disease or other impairment of the lung, shall be presumptive evidence that it was incurred in the performance and discharge of duty, unless the contrary be proven by competent evidence
S. 3801 3
and shall be paid a performance of duty disability retirement allowance equal to that which is provided in section sixty-three of this title, subject to the provisions of section sixty-four of this title.
d. After the filing of an application such member shall be given one or more medical examinations. If the comptroller determines that the member is physically or mentally incapacitated for the performance of duty and ought to be retired for performance of duty disability, such member shall be so retired. Such retirement shall be effective as of a date approved by the comptroller.
e. If the member, at the time of the filing of such application, is eligible for a service retirement benefit, then and in that event, such member may simultaneously file an application for service retirement, provided that the member indicates on the application for service retirement that such application is filed without prejudice to the application for performance of duty disability retirement.
§ 2. The retirement and social security law is amended by adding two new sections 607-i and 607-j to read as follows:
§ 607-i. Performance of duty disability retirement. a. Any member of the retirement system employed by the division of military and naval affairs shall be eligible to retire pursuant to the provisions of this section if he or she is an airport firefighter apprentice, airport firefighter I, airport firefighter II, airport firefighter III or training and safety officer.
b. Notwithstanding any provision of this chapter or of any general or special law to the contrary, any member who becomes physically or mentally incapacitated as the result of a disability, who is presently employed and who shall have sustained such disability while so employed and while actually a member of the retirement system, provided that such disability or death (A) was caused by the natural and proximate result of a disability, not caused by such firefighter's own willful negligence and (B) was incurred in the performance and discharge of duty, unless the contrary be proven by competent evidence, shall be paid a performance of duty disability retirement benefit payable pursuant to this section.
c. Application for a performance of duty disability retirement allowance for such a member may be made by:
1. Such member;
2. The head of the department in which such member is employed; or
3. Some person acting on behalf of and authorized by such member.
d. After the filing of such an application such member shall be given one or more medical examinations. If the comptroller determines that the member is physically or mentally incapacitated for the performance of duty and ought to be retired for performance of duty disability, such member shall be so retired. Such retirement shall be effective as of a date approved by the comptroller.
e. The retirement allowance payable upon retirement for performance of duty disability shall consist of a pension of one-half of his or her final average salary plus an annuity which shall be the actuarial equivalent of such member's accumulated contributions, if any.
f. If the member, at the time of the filing of an application under the provisions of subdivision c of this section, is eligible for a service retirement benefit, then and in that event, such member may simultaneously file an application for service retirement in accordance with the provisions of section seventy of this chapter, provided that the member indicates on the application for service retirement that such
S. 3801 4
application is filed without prejudice to the application for performance of duty disability retirement.
g. Any benefit provided pursuant to this section shall not be considered as an accidental disability benefit within the meaning of section sixty-four of this chapter. Any benefit payable pursuant to the workers' compensation law to a member receiving a disability allowance pursuant to this section shall be in addition to such retirement for disability incurred in performance of duty allowance.
§ 607-j. Certain impairments of health; presumption. a. Any member of the retirement system employed by the division of military and naval affairs shall be eligible to retire pursuant to the provisions of this section if he or she is an airport firefighter apprentice, airport firefighter I, airport firefighter II, airport firefighter III or training and safety officer.
b. Notwithstanding any provision of this chapter or of any general or special law to the contrary, any condition of impairment of health caused by: (1) diseases of the heart; or (2) any (i) melanoma or (ii) condition of cancer affecting the lymphatic, digestive, hematological, urinary, neurological, breast, reproductive or prostate systems resulting in disability to a member covered by this section, presently employed, who successfully passed a physical examination on entry into service as an airport firefighter apprentice, airport firefighter I, airport firefighter II, airport firefighter III or training and safety officer which examination failed to reveal evidence of any disease or other impairment of the heart or such melanoma or condition, shall be presumptive evidence that it was incurred in the performance and discharge of duty, unless the contrary be proven by competent evidence and shall be paid a performance of duty disability retirement allowance equal to that which is provided in section sixty-three of this chapter, subject to the provisions of sections sixty-three and sixty-four of this chapter.
c. Notwithstanding any provision of this chapter or of any general or special law to the contrary, any condition of impairment of health caused by diseases of the lung, resulting in disability to a member covered by this section, presently employed, who successfully passed a physical examination on entry into service as an airport firefighter apprentice, airport firefighter I, airport firefighter II, airport firefighter III or training and safety officer, which examination failed to disclose evidence of any disease or other impairment of the lung, shall be presumptive evidence that it was incurred in the performance and discharge of duty, unless the contrary be proven by competent evidence and shall be paid a performance of duty disability retirement allowance equal to that which is provided in section sixty-three of this chapter, subject to the provisions of section sixty-four of this chapter.
d. After the filing of an application such member shall be given one or more medical examinations. If the comptroller determines that the member is physically or mentally incapacitated for the performance of duty and ought to be retired for performance of duty disability, such member shall be so retired. Such retirement shall be effective as of a date approved by the comptroller.
e. If the member, at the time of the filing of such application, is eligible for a service retirement benefit, then and in that event, such member may simultaneously file an application for service retirement, provided that the member indicates on the application for service retirement that such application is filed without prejudice to the application for performance of duty disability retirement.
S. 3801 5
§ 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would grant improved disability pensions to airport fire-
fighters and training and safety officers in the New York State division
of military and naval affairs who sustain a disability in the perform-
ance of their duties equal to 50% of final average salary (FAS), or 75%
of FAS less worker's compensation (WC) when such disability is related
to heart disease, lung disease, or certain forms of cancer, unless the
contrary be proven by competent evidence. Currently, affected members
are entitled to an ordinary disability benefit of 1/3 of FAS.
If this bill is enacted during the 2019 legislative session, we antic-
ipate that there will be an increase of approximately $95,000 in the
annual contributions of for the fiscal year ending March 31, 2020. In
future years, this cost will vary as the billing rates and salary of the
affected members change.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the retirement and social security law, in relation to disability benefits for firefighters employed by the division of military and naval affairs
Purpose or general idea of bill
This bill would grant more equitable disability pensions to airport firefighters and training and safety officers in New York State division of military and naval affairs who sustain a disability related to heart disease, lung disease and certain forms of cancer.
Summary of provisions
Section 1: Amends the retirement and social security law by adding two new sections 63-g and 63-h which establish that any member of the retirement system employed by the division of military and naval affairs shall be eligible to retire pursuant to the provisions of this section if he or she is an airport firefighter apprentice, firefighter I, airport firefighter II, airport firefighter III or training and safety officer.
Section 2: Amends the social security law to establish that any member of the retirement system employed by the division of military and naval affairs shall be eligible to retire pursuant to the provisions of this section if he or she is an airport firefighter apprentice, firefighter I, airport firefighter II, airport firefighter III or training and safe- ty officer.
Section 3: Establishes the effective date.
Justification
This bill would grant improved disability pensions to airport firefight- ers and training and safety officers in New York State division of mili- tary and naval affairs who sustain a disability related to hem 1 disease, lung disease and certain forms of cancer. Currently, benefits are approximately 1/3 of final average salary (FAS), and this bill would increase benefits to 50 percent of 75 percent of FAS. Furthermore, the bill would help individuals who sustain such disabilities to establish the presumption that they were incurred in the performance and discharge of duty, unless the contrary be proven by competent evidence. This piece of legislation will help to ensure these brave men and women receive the care they deserve.
Legislative history
2017: A. 8326 - Veto Memo 246 2016: S. 8071 - Veto Memo. 261 2008: S. 7934 - 3rd Reading Calendar/A. 11111 - Passed Assembly. 2007: Veto 61
Fiscal implications
See the bill
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.