Disability Retirement for EMTs

Section 1. The retirement and social security law is amended by adding a new section 607-i to read as follows:

§ 607-i. Performance of duty disability retirement benefits for ambulance medical technician supervisors, ambulance medical technician coordinators and ambulance medical technicians in Nassau county. a. The county of Nassau shall make the benefits provided herein available to ambulance medical technician supervisors, ambulance medical technician coordinators and ambulance medical technicians in the employ of Nassau county.

b. A member shall be entitled to retirement for disability incurred in the performance of duty if, at the time application therefor is filed, he or she is:

1. Physically or mentally incapacitated for performance of duty as the natural and proximate result of a disability not caused by his or her own willful negligence sustained in such service and while actually a member of the retirement system; and

2. Actually in service upon which his or her membership is based. However, in the case where a member is discontinued from service, either voluntarily, or involuntarily, subsequent to sustaining a disability in such service, application may be made not later than two years after the member is first discontinued from service; and provided that the member meets the requirements of subdivision a of this section and this subdivision.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07954-02-9

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c. Application for a performance of duty disability retirement allowance for such a member may be made by:

1. Such member; or

2. The head of the department in which such member is employed; or

3. Any person acting on behalf of and authorized by such member.

d. 1. After the filing of such an application, such member shall be given one or more medical examinations. No such application shall be approved, however, unless the member or some other person on his or her behalf shall have filed written notice in the office of the comptroller within ninety days after the occurrence which is the basis for the disability incurred in the performance of duty, setting forth:

(a) The time when and the place of such occurrence; and

(b) The particulars thereof; and

(c) The nature and extent of the member's injuries; and

(d) His or her alleged disability.

2. The notice herein required need not be given:

(a) If the notice of such accident shall be filed in accordance with the provisions of the workers' compensation law of any state within which a participating employer in Nassau county shall have its employees located or performing functions and duties within the normal scope of their employment; or

(b) If the application for performance of duty disability retirement is filed within one year after the date of the occurrence which forms the basis for the application; or

(c) If a failure to file notice has been excused for good cause shown as provided by rules and regulations promulgated by the comptroller.

e. If the comptroller determines that the member is physically or mentally incapacitated for the performance of duty pursuant to subdivision b of this section and ought to be retired, such member shall be so retired. Such retirement shall be effective as of a date approved by the comptroller.

f. The annual retirement allowance payable upon retirement for disability incurred in the performance of duty shall be a pension of onehalf of his or her final average salary plus an annuity which shall be the actuarial equivalent of the member's accumulated contributions, if any.

g. If the member, at the time of the filing of an application under the provision of subdivision c of this section, is eligible for a service retirement benefit, then and in that event, he or she may simultaneously file an application for service retirement in accordance with the provision of section seventy of this chapter, provided that the member indicates on the application for service retirement that such application is filed without prejudice to the application for the retirement for disability incurred in performance of duty.

h. 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.

i. 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.

j. A final determination of the comptroller that the member is not entitled to retirement benefits pursuant to this section shall not in any respect be, or constitute, a determination with regard to benefits payable pursuant to section two hundred seven-c of the general municipal law.

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§ 2. All costs associated with implementing the provisions of this act shall be borne by Nassau county.

§ 3. All past costs incurred due to implementing the provisions of this act will be borne by Nassau county, and may be amortized over a ten year period.

§ 4. This act shall take effect immediately.

FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

This bill would grant Nassau County Tier 3, 4, 5 and 6 ambulance

medical technician supervisors, ambulance medical technician coordina-

tors and ambulance medical technicians an enhanced disability benefit

for injuries sustained in the performance of duty. The benefit for a

performance of duty disability would be 50% of final average salary.

If this bill is enacted during the 2019 legislative session, there

will be an estimated increase of approximately $270,000 in the annual

contributions of Nassau County for the fiscal year ending March 31,

2020.

In addition to the annual contributions discussed above, there will be

an immediate past service cost of $1.82 million which may 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, 2020. If Nassau

County elects to amortize this cost over a 10 year period, the cost for

the first year would be $243,000.

These estimated costs are based on 123 members having an annual salary

for the fiscal year ending March 31, 2018 of approximately $14 million.

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, 2018 actuarial valu-

ation. Distributions and other statistics can be found in the 2018

Report of the Actuary and the 2018 Comprehensive Annual Financial

Report.

The actuarial assumptions and methods used are described in the 2015,

2016, 2017 and 2018 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, 2018

New York State and Local Retirement System Financial Statements and

Supplementary Information.

I am an member of the American Academy of Actuaries and meet the Qual-

ification Standards to render the actuarial opinion contained herein.

This fiscal note does not constitute a legal opinion on the viability

of the proposed change nor is it intended to serve as a substitute for

the professional judgement of an attorney.

This estimate, dated January 31, 2019, and intended for use only

during the 2019 Legislative Session, is Fiscal Note No. 2019-42,

prepared by the Actuary for the New York State and Local Retirement

System.