The 2014 legislative session drew to a close last month. The NYSPFFA and its members worked hard successfully lobbying the Legislature for important bills that will positively impact the Association, the individual locals, and the State and local communities. The following is a list of proposals that were passed and awaiting delivery to the Governor’s Office.
Statewide 20-Year Section 384-d Retirement Plan and “Bubble” Bill
A bill covering the availability of a statewide 20-year retirement plan under section 384-d of the Retirement and Social Security Law and the authorization of a special retirement plan, commonly referred to as the “Buffalo-Bubble Bill,” passed both houses and is awaiting delivery to the Governor. If signed and chaptered, this legislation would afford New York State and Local Police and Fire Retirement System members working without a collective bargaining agreement the opportunity to participate in a 20-year retirement plan and also permit members who were on the “bubble”—i.e., entered the retirement system between July 1, 2009 and January 10, 2010—to enroll in a special retirement plan pursuant to a collectively bargained agreement. This legislation corrects two major inequities that have plagued our fellow firefighters and fire officers.
The current legislation also addresses the Governor’s issue that led him to veto a similar piece of legislation in 2013.
Automatic Enrollment in Optional 20-Year Retirement Plan
During this past session, a bill, seeking to make enrollment into Section 384-d optional 20-year retirement plan automatic, was passed by both houses and is awaiting delivery to the Governor. This bill would eliminate the need for new members of the New York State and Local Police and Fire Retirement System to apply for enrollment in the Section 384-d retirement plan. If signed into law, this bill will correct a troubling trend where fire fighters unintentionally fail to elect participation in the 20-year plan by the filing deadline.
Additionally, it will eliminate the need for costly retroactive legislation to later admit a fire fighter who was late in filing his or her application.
Special Accidental Death Benefit COLA Increase
This bill, which will authorize an increase in the special accidental death benefit, passed both Houses and is awaiting delivery to Governor Cuomo. This legislation provides, similar to past years’ bills, for an upward adjustment of the special accident death benefit for widows/widowers or children of fallen firefighters to offset the effects of increasing inflation and the cost of living.
Extension of Time to File for Accidental Disability
A bill authorizing the extension of time to file an application for disability benefits relating to certain cancers with the New York State and Local Police and Fire Retirement System was passed in the final days of the Legislative session.
With the ever increasing use of chemicals and new building compounds, fire fighters are exposed to increasing types and quantities of chemicals when responding to fires. Yet, the harm caused by these chemicals and toxins can take years to manifest and fire fighters are increasingly unable to file for disability prior to the two years deadline because the condition is not readily apparent or diagnosed. This bill will extend the time to file from two years to five years for fire fighters, thereby affording a more reasonable opportunity to file for disability.
Building and Fire Code Training for City’s Fire Officers
Just before the close of session, the Legislature passed a bill mandating that fire officers in New York City receive at least 40 hours each of field training and classroom instruction on building and construction codes and local ordinances. This legislation corrects a fundamental training oversight and provides necessary training for conducting building inspections to fire officers within New York City.
Restoration of Collectively Bargained Disciplinary Procedures
The Legislature passed a bill, which is awaiting delivery to the Governor’s Office, that would restore the protections afforded under the Taylor Law to bargained for disciplinary proceedings that were extinguished by the Court of Appeals’ holding in Matter of PBA of NYC v. NYS PERB, 6 N.Y.3d 563 (2006). Specifically, the Court of Appeals ruled that collectively bargained disciplinary procedures must yield to local legislation that placed police discipline to the discretion of local officials.
If signed, this legislation will declare that New York public policy mandates that all terms and conditions of public employment, including police discipline, are mandatory subjects of collective bargaining under the Taylor Law.
Military Service Credit for Retirement
A bill, affording veterans to obtain up to three years of service credit towards retirement, was passed by the Legislature and is awaiting delivery to Governor Cuomo. If signed into law, this legislation would permit a member of the New York State Retirement System with at least five years of service to obtain up to three years of service credit for each year of honorable military duty.
Extension of Deadline to File a World Trade Center Registration of Participation
Both houses passed a bill that would extend the deadline for filing a registration of participation under the World Trade Center Disability Law. If the Governor signs the bill into law, this would allow those members who served at ground zero to file a registration of participation to preserve the ability to apply for and receive disability benefits under the World Trade Center Disability Law.