Bill S5191-2011

Grants Robert V. Vassallo, Sr. disability retirement from the New York state police

Grants Robert V. Vassallo, Sr. disability retirement from the state police.

Details

Actions

  • Jan 4, 2012: REFERRED TO CIVIL SERVICE AND PENSIONS
  • May 3, 2011: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S5191

TITLE OF BILL: An act in relation to granting Robert V. Vassallo, Sr. disability retirement from the New York state police

PURPOSE: To grant Robert V. Vassallo disability retirement from the New York state police effective September 13, 1997.

SUMMARY OF PROVISIONS: This bill would allow Robert V. Vassallo to collect disability retirement from the New York state police effective September 13, 1997.

JUSTIFICATION: Robert V. Vassallo Sr. was denied disability retirement for critical injuries he suffered in an auto accident occurring while working undercover in an unmarked car on January 14, 1991. At the time, Mr. Vassallo was an investigator with the New York State Police and his injuries were sustained in the line of duty. He has been classified as being permanently disabled by the New York State Police.

On November 19, 1991, New York State Police Superintendent Thomas A. Constantine filed applications for Accidental Disability Retirement and State Police Disability Retirement for Mr. Vassallo with the New York State and Local Police and Fire Retirement System. Mr. Vassallo was later informed by the New York State Comptroller's office that the applications for Accidental Disability and State Police Disability had both been denied. The comptroller found that Mr. Vassallo was not permanently incapacitated for the performance of his duties as an Investigator in both denials. After receiving this notification, Mr. Vassallo was again examined and was again diagnosed as being unable to return to full and active duty. Further, Mr. Vassallo was not allowed to work on light duty because no such positions existed at the time.

Mr. Vassallo is currently on regular service retirement. For reasons not ascribable to his own negligence, he has been denied a disability retirement from the New York State Police.

This legislation would allow Mr. Vassallo to collect disability retirement from the New York state police retroactively as of September 13, 1997.

LEGISLATIVE HISTORY:

2009-10: A.7478-B/S.4661-B 2006: A.10619 2005-06: A.5424

FISCAL IMPLICATIONS: If this bill is enacted, there will be immediate past service cost of approximately $21,600 which would be borne by the State of New York as a one-time payment. This estimate, prepared by the Actuary for the New York State and Local Police and Fire

Retirement System, is based on the assumption that payment will be made on March 1, 2012.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5191 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________
Introduced by Sen. ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT in relation to granting Robert V. Vassallo, Sr. disability retirement from the New York state police THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any other provision of law, Robert V. Vassallo, Sr., who was employed as a correction officer with the depart- ment of correctional services for the state of New York for approximate- ly one year beginning in 1968, and who was employed as a correction officer with the department of correction for the city of New York for approximately one year until September 10, 1970, and who was employed as a police officer with the New York state parkway police for the period beginning September 10, 1970 and ending January 1, 1980, and who was employed as a trooper with the New York state police for the period beginning January 1, 1980 and ending March 1, 1990, and who was employed as an investigator in the bureau of criminal investigation with the New York state police for the period beginning March 1, 1990 and ending September 13, 1997, and who, on January 14, 1991, was critically injured in an automobile accident while working undercover in an unmarked police car, and, as a result of such critical injuries has been unable to return to work with the New York state police, and who, for reasons not ascribable to his own negligence, has been denied a disability retire- ment from the New York state police, and who, as of the effective date of this act, is on regular service retirement, shall be entitled to a disability retirement from the New York state police effective September 13, 1997, the date on which his regular service retirement benefits began, if on or before December 31, 2011, he files a written request with the state comptroller to that effect. S 2. All costs associated with the implementation of this act shall be borne by the state.
S 3. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill will entitle Robert V. Vassallo, a retired New York State Police Officer, to receive a disability benefit from the New York State and Local Police and Fire Retirement System effective September 13, 1997. If this bill is enacted, there will be an immediate past service cost of approximately $21,600 which would be borne by the State of New York as a one time payment. This estimate is based on the assumption that payment will be made on March 1, 2012. This estimate, dated April 20, 2011, and intended for use only during the 2011 Legislative Session, is Fiscal Note No. 2011-169, prepared by the Actuary for the New York State and Local Police and Fire Retirement System.

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