New York A 11271: Provides for a performance and discharge of duty presumption for certain impairments of health of Nassau county fire marshals

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A11271 Summary:

BILL NOA11271 

&nbsp

SAME ASSAME AS S10132

&nbsp

SPONSORPheffer Amato

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §607-m, R & SS L

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Provides for a performance and discharge of duty presumption for diseases of the lung of Nassau county fire marshals.

Go to top A11271 Actions:

BILL NOA11271 

&nbsp

05/04/2026referred to governmental employees

Go to topA11271 Committee&nbspVotes:

Go to topA11271 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA11271 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 11271

 IN ASSEMBLY

 May 4, 2026
 ___________

 Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
 Committee on Governmental Employees

 AN ACT to amend the retirement and social security law, in relation to
 providing for a performance and discharge of duty presumption for
 certain impairments of health of Nassau county fire marshals

 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-m to read as follows:
 3 § 607-m. Certain impairments of health; presumption. a. Any member of
 4 the retirement system employed by the county of Nassau as a county fire
 5 marshal, chief fire marshal, assistant chief fire marshal, division
 6 supervising fire marshal, supervising fire marshal, fire marshal,
 7 assistant fire marshal and fire marshal trainee shall be eligible to
 8 retire pursuant to the provisions of this section.
 9 b. Notwithstanding any provision of this chapter or of any general or
 10 special law to the contrary, any condition of impairment of health
 11 caused by diseases of the lung, resulting in disability to a member
 12 covered by this section, presently employed, who successfully passed a
 13 physical examination on entry into service as a county fire marshal,
 14 chief fire marshal, assistant chief fire marshal, division supervising
 15 fire marshal, supervising fire marshal, fire marshal, assistant fire
 16 marshal and fire marshal trainee in the employ of Nassau county, which
 17 examination failed to disclose evidence of any disease or other impair-
 18 ment of the lung shall be presumptive evidence that it was incurred in
 19 the performance and discharge of duty, unless the contrary be proven by
 20 competent evidence.
 21 § 2. All the past services costs associated with implementing the
 22 provisions of this act shall be borne by the county of Nassau and may be
 23 amortized over a period of ten years.
 24 § 3. Notwithstanding any other provision of law to the contrary, none
 25 of the provisions of this act shall be subject to the appropriation
 26 requirement of section 25 of the retirement and social security law.
 27 § 4. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14623-02-6

 A. 11271 2

 FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
 This bill would provide a performance of duty (POD) disability
 presumption to certain fire marshal titles employed by Nassau county who
 are impaired due to a disease of the lung. The benefit is 50% of final
 average salary, as defined in section 607-j of the retirement and social
 security law.
 This proposal would likely lead to an increased number of POD disabil-
 ity benefits for future retirees.
 We estimate that the annual contributions of Nassau county will not
 materially increase because of this proposal.
 There will be an immediate past service cost of $23,300 which will be
 borne by Nassau county as a one-time payment. This estimate assumes that
 payment will be made on February 1, 2027. If Nassau county elects to
 amortize this cost over 10 years, the cost for each year will be $2,980.
 Further, there could be some administrative costs to implement the
 provisions of this legislation.
 These estimated costs are based on 42 affected members employed by
 Nassau county, with annual salary of approximately $7.2 million as of
 March 31, 2025.
 Summary of relevant resources:
 Membership data as of March 31, 2025 was used to measure the impact of
 the bill, the same data used in the Actuarial Valuations dat