New York Senate Bill S10132

New York 2025-2026 Regular Session

• Introduced: 4/30/26
• Refer: 4/30/26

Caption

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

Summary

S10132 would create a new section of the Retirement and Social Security Law establishing a performance-of-duty presumption for certain Nassau County fire marshal titles, including county fire marshal, chief fire marshal, assistant chief fire marshal, division supervising fire marshal, supervising fire marshal, fire marshal, assistant fire marshal, and fire marshal trainee. Under the bill, if a covered member who passed an entry medical exam later develops a lung disease causing disability, that condition would be presumed to have been incurred in the performance and discharge of duty unless rebutted by competent evidence. The bill also specifies that the affected retirement benefit would be the existing performance-of-duty disability retirement benefit, generally equal to 50% of final average salary under the referenced retirement law provisions. It applies immediately upon enactment and directs that all past service costs be paid by Nassau County, with the option to amortize those costs over 10 years. The bill further exempts the new benefit from the usual appropriation requirement in the retirement law.

Impact

The bill would amend the state retirement system statutes to add a narrow, occupation-specific presumption for lung disease disabilities affecting Nassau County fire marshals and related titles. In practical terms, it would make it easier for covered employees to qualify for performance-of-duty disability retirement benefits by shifting the burden of proof away from the employee and onto the employer or retirement system to disprove work-related causation. The fiscal note indicates the change would likely increase the number of such disability retirements, but with no material increase in annual county contributions and a one-time past service cost borne by Nassau County.

Sentiment

Based on the bill text and fiscal note, the measure appears supportive of public safety employees and their retirement protections, with a clear intent to recognize occupational exposure risks for Nassau County fire marshals. There is no recorded committee debate or vote history in the provided materials, so no direct opposition or support statements are available. The fiscal analysis suggests the financial impact is modest, which may reduce resistance from a budgetary standpoint.

Contention

The main point of potential contention is the creation of a special presumption for a single county and a limited set of job titles, which may raise fairness or precedent concerns compared with broader statewide disability presumptions. Another possible issue is the shift in evidentiary burden, since the bill presumes lung disease is duty-related unless the contrary is proven by competent evidence. Finally, although the fiscal note characterizes the cost as limited, Nassau County would be responsible for the past service cost and any administrative expenses, which could be a concern for local officials.