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A Special Plan for Nassau County Fire Marshals (Sections 89-w and 603[s])

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A special 25-year retirement plan providing an alternative retirement benefit for county fire marshals, supervising fire marshals, fire marshals, assistant fire marshals, assistant chief fire marshals or chief fire marshals employed by Nassau County became effective January 1, 2008. The features of this plan are briefly described in this publication.

For information about other benefits available to you, please consult the summary of your regular plan, which is available on our website or from our Call Center.

Eligibility

Tier 1, 2, 4, 5 and 6 members are automatically covered by this retirement plan. Tier 3 members had to elect the plan by January 1, 2009, or within one year of beginning covered employment. This election is irrevocable and provides Tier 3 members coverage under the Tier 4 benefits of this plan.

To retire with the benefits of this plan, employees must serve five years with the Nassau County Fire Marshal Department after January 1, 2008. The Nassau County Executive must certify eligible employees.

Creditable Service

Creditable service includes all service performed as a county fire marshal, supervising county fire marshal, fire marshal, assistant fire marshal, assistant chief fire marshal or chief fire marshal employed by Nassau County.

Credit may also be granted for service earned in the following eligible titles:

  • Member or officer of the New York State Police;
  • Paid firefighter, police officer or officer of an organized fire department or police force of any county, city, village, town, fire district or police district;
  • Criminal investigator in the office of a district attorney (up to five years may be credited);
  • Certain military service.

Since it may be necessary for you to purchase or transfer some of this service, please contact us to determine eligibility.

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Retirement Benefit

Sections 89-w and 603(s) of the Retirement and Social Security Law (RSSL) provide a benefit equal to 50 percent of your final average salary (FAS) on completion of 25 years of creditable service, regardless of age. If you are a Tier 1 or 2 fire marshal, you will receive an additional 1.66 percent of your FAS for all service beyond 25 years, including non-fire marshal county service.

When you retire, if you are eligible for a benefit under your regular retirement plan, we will compare that benefit to the one payable under Section 89-w or 603(s) and pay the greater of the two benefits.

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Accidental Disability Retirement Benefit (Section 605-d) For Tier 3, 4, 5, and 6 Members*

If approved, this benefit is 75 percent of your final average salary, reduced by the total amount of Workers’ Compensation benefits you may become entitled to receive.

Eligibility

Regardless of the amount of service credit you have, you may be eligible for the accidental disability retirement benefit if you:

  • Are employed by Nassau County as a chief fire marshal, assistant fire marshal, division supervising fire marshal, supervising fire marshal, fire marshal, or fire marshal trainee on or after October 21, 2013, and
  • Become permanently incapacitated, either physically or mentally, and unable to perform your job as the direct result of an on-the-job accident which was not due to your own willful negligence.

In addition, you, or someone authorized by you, must file a written notice of the accident with the Retirement System within 90 days of the accident. The written notice must detail the time and place of the accident, the particulars thereof, the nature and extent of your injuries, and the alleged incapacity. This notice is not required if:

  • Your application for the accidental disability retirement benefit is filed within one year after the date of the accident; or
  • Notice of the accident is filed according to Workers’ Compensation Law.

Applying for the Benefit

You, your employer, or someone authorized with your power of attorney, may file your application for accidental disability retirement. This application must be filed while you are still in service or within two years of your discontinuance from service. When filing for this benefit, “in service” is defined as while you are:

  • Being paid on the payroll; or
  • On an authorized medical leave of absence for up to two years (which may be extended for an additional two years); or
  • Receiving Workers’ Compensation or similar employer-funded benefits for up to two years since last being paid on the payroll, as long as you have not resigned or been terminated from employment while receiving those benefits.

After filing for the benefit, you will be given one or more medical examinations. If, at the time of filing, you are eligible for a service retirement benefit, you may also file for that benefit.

*Tier 1 and 2 members are covered by the accidental disability benefit under the regular plan offered by your employer. This benefit also equals 75 percent of your final average salary and is reduced by the total amount of Workers’ Compensation benefits you are entitled to receive.

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Other Disability and Death Benefits

Please consult the summary of your regular retirement plan for information about other disability or death benefits.

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For More Information

If you have any questions,

  • Visit our website
  • Contact our Call Center toll-free at 1-866-805-0990, or 518-474-7736 in the Albany, New York area
  • Fax us at 518-402-4433 or
  • Write to us at:

    New York State and Local Retirement System

    110 State Street

    Albany, NY 12244-0001

You can also make an appointment to meet with an Information Representative at any of our consultation sites throughout the State. A list of these consultation sites is available on our website or from our Call Center.

VO1801 (Rev. 12/13) ©2013, New York State and Local Employees’ Retirement System

This publication provides a general summary of retirement benefits, rights and responsibilities, and is not a substitute for any New York State or federal law. For specific information about your benefits, please contact us.

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