S T A T E   O F   N E W   Y O R K
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                                  5322

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 15, 2011
                               ___________

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

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to extending the benefits of the variable supplements fund to
  all New York city police officers, firefighters, housing police, tran-
  sit police, correction officers and registered domestic partners

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  13-271 of the administrative code of the city of
New York is amended by adding a new subdivision f to read as follows:
  F. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF  THIS
SUBCHAPTER  SHALL  APPLY TO ALL POLICE OFFICERS WHO, PRIOR TO THE EFFEC-
TIVE DATE OF THIS SUBDIVISION, WERE  INELIGIBLE  FOR  THE  BENEFITS  SET
FORTH  IN  THIS  SUBCHAPTER, INCLUDING ALL DISABLED NEW YORK CITY POLICE
OFFICERS, LINE OF DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS
AND ALL OTHER NEW YORK CITY POLICE OFFICERS WHO  RECEIVE  BENEFITS  FROM
THE  NEW  YORK  CITY POLICE PENSION FUND.  ALL SUCH POLICE OFFICER RETI-
REES, WIDOWS AND WIDOWERS AND  REGISTERED  DOMESTIC  PARTNERS  SHALL  BE
ELIGIBLE  AND  ARE  HEREBY  GRANTED ALL RIGHTS AND BENEFITS SET FORTH IN
THIS SUBCHAPTER PURSUANT TO THE SCHEDULE SET FORTH IN  SUBPARAGRAPH  (I)
OF  PARAGRAPH  SEVEN OF SUBDIVISION A OF THIS SECTION FROM THE EFFECTIVE
DATE OF THIS SUBDIVISION.  HOWEVER, NOTHING IN  THIS  SUBDIVISION  SHALL
SERVE  TO  CAUSE  A  REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY
POLICE OFFICER OR THEIR BENEFICIARY WHO WAS  ELIGIBLE  FOR  THE  BENEFIT
PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION.
  S 2. Section 13-281 of the administrative code of the city of New York
is amended by adding a new subdivision f to read as follows:
  F.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SUBCHAPTER SHALL APPLY TO ALL POLICE OFFICERS WHO, PRIOR TO  THE  EFFEC-
TIVE  DATE  OF  THIS  SUBDIVISION,  WERE INELIGIBLE FOR THE BENEFITS SET
FORTH IN THIS SUBCHAPTER, INCLUDING ALL DISABLED NEW  YORK  CITY  POLICE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03072-01-1
              

A. 5322                             2

OFFICERS, LINE OF DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS
AND ALL OTHER RETIRED NEW YORK CITY POLICE OFFICERS WHO RECEIVE BENEFITS
FROM  THE  NEW  YORK  CITY POLICE PENSION FUND.  ALL SUCH RETIRED POLICE
OFFICERS,  WIDOWS AND WIDOWERS AND REGISTERED DOMESTIC PARTNERS SHALL BE
ELIGIBLE AND ARE HEREBY GRANTED ALL RIGHTS AND  BENEFITS  SET  FORTH  IN
THIS  SUBCHAPTER  PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH (I)
OF PARAGRAPH TWO OF SUBDIVISION A OF THIS  SECTION  FROM  THE  EFFECTIVE
DATE  OF  THIS SUBDIVISION.   HOWEVER, NOTHING IN THIS SUBDIVISION SHALL
SERVE TO CAUSE A REDUCTION IN THE VARIABLE  SUPPLEMENT  PAYMENT  TO  ANY
POLICE  OFFICER  OR  THEIR  BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT
PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION.
  S 3. Section 13-385 of the administrative code of the city of New York
is amended by adding a new subdivision i to read as follows:
  I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF  THIS
SUBCHAPTER  SHALL  APPLY TO ALL FIREFIGHTERS WHO, PRIOR TO THE EFFECTIVE
DATE OF THIS SUBDIVISION, WERE INELIGIBLE FOR THE BENEFITS SET FORTH  IN
THIS SUBCHAPTER, INCLUDING ALL DISABLED NEW YORK CITY FIREFIGHTERS, LINE
OF  DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS AND ALL OTHER
RETIRED FIREFIGHTERS WHO RECEIVE BENEFITS FROM THE NEW YORK FIRE DEPART-
MENT PENSION FUND.  ALL SUCH FIREFIGHTERS, WIDOWS AND  WIDOWERS,  REGIS-
TERED  DOMESTIC  PARTNERS  AND RETIREES SHALL BE ELIGIBLE AND ARE HEREBY
GRANTED ALL RIGHTS AND BENEFITS SET FORTH IN THIS SUBCHAPTER PURSUANT TO
THE SCHEDULE SET FORTH IN SUBPARAGRAPH (I) OF PARAGRAPH TEN OF  SUBDIVI-
SION  A  OF  THIS  SECTION  FROM THE EFFECTIVE DATE OF THIS SUBDIVISION.
HOWEVER, NOTHING IN THIS SUBDIVISION SHALL SERVE TO CAUSE A REDUCTION IN
THE VARIABLE SUPPLEMENT PAYMENT TO ANY FIREFIGHTER OR THEIR  BENEFICIARY
WHO  WAS  ELIGIBLE  FOR  THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS
SUBDIVISION.
  S 4. Section 13-395 of the administrative code of the city of New York
is amended by adding a new subdivision f to read as follows:
  F. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF  THIS
SUBCHAPTER  SHALL  APPLY TO ALL FIREFIGHTERS WHO, PRIOR TO THE EFFECTIVE
DATE OF THIS SUBDIVISION, WERE INELIGIBLE FOR THE BENEFITS SET FORTH  IN
THIS SUBCHAPTER, INCLUDING ALL DISABLED NEW YORK CITY FIREFIGHTERS, LINE
OF  DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS AND ALL OTHER
FIREFIGHTERS WHO RECEIVE A BENEFIT FROM THE  NEW  YORK  FIRE  DEPARTMENT
PENSION  FUND.    ALL SUCH FIREFIGHTERS, WIDOWS AND WIDOWERS, REGISTERED
DOMESTIC PARTNERS AND RETIREES SHALL BE ELIGIBLE AND ARE HEREBY  GRANTED
ALL  RIGHTS  AND  BENEFITS  SET FORTH IN THIS SUBCHAPTER PURSUANT TO THE
SCHEDULE SET FORTH IN SUBPARAGRAPH (I) OF PARAGRAPH TWO OF SUBDIVISION A
OF THIS SECTION FROM THE EFFECTIVE DATE OF THIS SUBDIVISION.    HOWEVER,
NOTHING  IN  THIS  SUBDIVISION  SHALL  SERVE TO CAUSE A REDUCTION IN THE
VARIABLE SUPPLEMENT PAYMENT TO ANY FIREFIGHTER OR THEIR BENEFICIARY  WHO
WAS  ELIGIBLE FOR THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS SUBDI-
VISION.
  S 5. Subdivision 4 of section 13-191 of the administrative code of the
city of New York, as added by chapter  844  of  the  laws  of  1987,  is
amended by adding a new paragraph (i) to read as follows:
  (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL TRANSIT POLICE MEMBERS WHO RETIRED AS TRANSIT
POLICE  OFFICERS,  WHO,  PRIOR  TO THE EFFECTIVE DATE OF THIS PARAGRAPH,
WERE INELIGIBLE FOR THE BENEFITS SET FORTH IN  THIS  SECTION,  INCLUDING
ALL  DISABLED  TRANSIT POLICE MEMBERS, LINE OF DUTY WIDOWS AND WIDOWERS,
REGISTERED DOMESTIC PARTNERS AND ALL OTHER TRANSIT  POLICE  MEMBERS  WHO
RETIRED AS TRANSIT POLICE OFFICERS AND WHO RECEIVE BENEFITS FROM THE NEW
YORK  CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH TRANSIT POLICE OFFICER

A. 5322                             3

RETIREES, WIDOWS AND WIDOWERS AND REGISTERED DOMESTIC PARTNERS SHALL  BE
ELIGIBLE  AND  ARE  HEREBY  GRANTED ALL RIGHTS AND BENEFITS SET FORTH IN
THIS SECTION PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH  ONE  OF
PARAGRAPH (C) OF THIS SUBDIVISION, FROM THE EFFECTIVE DATE OF THIS PARA-
GRAPH.  HOWEVER,  NOTHING  IN  THIS  PARAGRAPH  SHALL  SERVE  TO CAUSE A
REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY TRANSIT POLICE OFFI-
CER OR THEIR BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT PRIOR  TO  THE
EFFECTIVE DATE OF THIS PARAGRAPH.
  S 6. Subdivision 4 of section 13-191 of the administrative code of the
city  of  New  York,  as  added  by  chapter 846 of the laws of 1987, is
amended by adding a new paragraph (i) to read as follows:
  (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL HOUSING POLICE MEMBERS WHO RETIRED AS HOUSING
POLICE OFFICERS, WHO, PRIOR TO THE EFFECTIVE  DATE  OF  THIS  PARAGRAPH,
WERE  INELIGIBLE  FOR  THE BENEFITS SET FORTH IN THIS SECTION, INCLUDING
ALL DISABLED HOUSING POLICE MEMBERS, LINE OF DUTY WIDOWS  AND  WIDOWERS,
REGISTERED  DOMESTIC  PARTNERS  AND ALL OTHER HOUSING POLICE MEMBERS WHO
RETIRED AS HOUSING POLICE OFFICERS AND WHO RECEIVE BENEFITS FROM THE NEW
YORK CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH HOUSING POLICE  OFFICER
RETIREES,  WIDOWS AND WIDOWERS AND REGISTERED DOMESTIC PARTNERS SHALL BE
ELIGIBLE AND ARE HEREBY GRANTED ALL RIGHTS AND  BENEFITS  SET  FORTH  IN
THIS  SECTION  PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH ONE OF
PARAGRAPH (C) OF THIS SUBDIVISION, FROM THE EFFECTIVE DATE OF THIS PARA-
GRAPH. HOWEVER, NOTHING  IN  THIS  PARAGRAPH  SHALL  SERVE  TO  CAUSE  A
REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY HOUSING POLICE OFFI-
CER  OR  THEIR BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT PRIOR TO THE
EFFECTIVE DATE OF THIS PARAGRAPH.
  S 7. Subdivision 4 of section 13-192 of the administrative code of the
city of New York, as added by chapter  844  of  the  laws  of  1987,  is
amended by adding a new paragraph (h) to read as follows:
  (H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL TRANSIT POLICE MEMBERS WHO RETIRED AS TRANSIT
POLICE SUPERIOR OFFICERS, WHO, PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
GRAPH,  WERE  INELIGIBLE  FOR  THE  BENEFITS  SET FORTH IN THIS SECTION,
INCLUDING ALL DISABLED TRANSIT POLICE MEMBERS, LINE OF DUTY  WIDOWS  AND
WIDOWERS,  REGISTERED  DOMESTIC  PARTNERS  AND  ALL OTHER TRANSIT POLICE
MEMBERS WHO RETIRED AS TRANSIT POLICE SUPERIOR OFFICERS AND WHO  RECEIVE
BENEFITS  FROM  THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH
TRANSIT POLICE SUPERIOR OFFICER RETIREES, WIDOWS AND WIDOWERS AND REGIS-
TERED DOMESTIC PARTNERS SHALL BE ELIGIBLE AND  ARE  HEREBY  GRANTED  ALL
RIGHTS  AND  BENEFITS SET FORTH IN THIS SECTION PURSUANT TO THE SCHEDULE
SET FORTH IN SUBPARAGRAPH ONE OF PARAGRAPH (C) OF THIS SUBDIVISION, FROM
THE EFFECTIVE DATE OF THIS PARAGRAPH. HOWEVER, NOTHING IN THIS PARAGRAPH
SHALL SERVE TO CAUSE A REDUCTION IN THE VARIABLE SUPPLEMENT  PAYMENT  TO
ANY  TRANSIT SUPERIOR POLICE OFFICER OR THEIR BENEFICIARY WHO WAS ELIGI-
BLE FOR THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH.
  S 8. Subdivision 4 of section 13-192 of the administrative code of the
city of New York, as added by chapter  846  of  the  laws  of  1987,  is
amended by adding a new paragraph (h) to read as follows:
  (H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL HOUSING POLICE MEMBERS WHO RETIRED AS HOUSING
POLICE SUPERIOR OFFICERS, WHO, PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
GRAPH,  WERE  INELIGIBLE  FOR  THE  BENEFITS  SET FORTH IN THIS SECTION,
INCLUDING ALL DISABLED HOUSING POLICE MEMBERS, LINE OF DUTY  WIDOWS  AND
WIDOWERS,  REGISTERED  DOMESTIC  PARTNERS  AND  ALL OTHER HOUSING POLICE
MEMBERS WHO RETIRED AS HOUSING POLICE SUPERIOR OFFICERS AND WHO  RECEIVE

A. 5322                             4

BENEFITS  FROM  THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH
HOUSING POLICE SUPERIOR OFFICER RETIREES, WIDOWS AND WIDOWERS AND REGIS-
TERED DOMESTIC PARTNERS SHALL BE ELIGIBLE AND  ARE  HEREBY  GRANTED  ALL
RIGHTS  AND  BENEFITS SET FORTH IN THIS SECTION PURSUANT TO THE SCHEDULE
SET FORTH IN SUBPARAGRAPH ONE OF PARAGRAPH (C) OF THIS SUBDIVISION, FROM
THE EFFECTIVE DATE OF THIS PARAGRAPH. HOWEVER, NOTHING IN THIS PARAGRAPH
SHALL SERVE TO CAUSE A REDUCTION IN THE VARIABLE SUPPLEMENT  PAYMENT  TO
ANY  HOUSING POLICE SUPERIOR OFFICER OR THEIR BENEFICIARY WHO WAS ELIGI-
BLE FOR THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH.
  S 9. Subdivision 4 of section 13-194 of the administrative code of the
city of New York is amended by adding a new paragraph  (h)  to  read  as
follows:
  (H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION  SHALL  APPLY  TO  ALL CORRECTION OFFICER MEMBERS WHO RETIRED AS
CORRECTION OFFICERS, WHO, PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH,
WERE INELIGIBLE FOR THE BENEFITS SET FORTH IN  THIS  SECTION,  INCLUDING
ALL  DISABLED CORRECTION OFFICER MEMBERS, LINE OF DUTY WIDOWS AND WIDOW-
ERS, REGISTERED DOMESTIC  PARTNERS  AND  ALL  OTHER  CORRECTION  OFFICER
MEMBERS WHO RETIRED AS CORRECTION OFFICERS AND WHO RECEIVE BENEFITS FROM
THE  NEW  YORK  CITY  EMPLOYEES'  RETIREMENT SYSTEM. ALL SUCH CORRECTION
OFFICER RETIREES, WIDOWS AND WIDOWERS AND REGISTERED  DOMESTIC  PARTNERS
SHALL  BE  ELIGIBLE  AND  ARE HEREBY GRANTED ALL RIGHTS AND BENEFITS SET
FORTH IN THIS SECTION PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH
ONE OF PARAGRAPH (C) OF THIS SUBDIVISION, FROM  THE  EFFECTIVE  DATE  OF
THIS  PARAGRAPH. HOWEVER, NOTHING IN THIS PARAGRAPH SHALL SERVE TO CAUSE
A REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY CORRECTION OFFICER
OR THEIR BENEFICIARY WHO WAS ELIGIBLE  FOR  THE  BENEFIT  PRIOR  TO  THE
EFFECTIVE DATE OF THIS PARAGRAPH.
  S 10. This act shall take effect immediately.