NY State Senate Bill 2011-S5653

Senate Bill S5653

Signed By Governor

2011-2012 Legislative Session

Provides that a member with at least 20 years of creditable police or fire service in the retirement system shall not be precluded from any rights

download bill text pdf

Archive: Last Bill Status Via A5744 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 23, 2011	signed chap.514
Sep 12, 2011	delivered to governor
Jun 22, 2011	returned to assembly passed senate home rule request 3rd reading cal.1347 substituted for s5653
Jun 22, 2011	substituted by a5744a
Jun 16, 2011	ordered to third reading cal.1347
Jun 09, 2011	referred to rules

Votes

- Jun 22, 2011 - Floor Vote
  A5744
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 22, 2011
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (1)
      
      Saland

2011-S5653 (ACTIVE) - Details

See Assembly Version of this Bill:: A5744
Law Section:: New York City Administrative Code
Laws Affected:: Add §§13-256.1 & 13-361.1, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:: A10154

2011-S5653 (ACTIVE) - Summary

Provides that a member with at least 20 years of creditable police or fire service in the retirement system shall not be precluded from any rights he or she is entitled otherwise to nor upon retirement shall his or her benefits be in any way diminished as a result of a discharge or dismissal.

2011-S5653 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5653

TITLE OF BILL:
An act
to amend the administrative code of the city of New York, in relation to
the effect of discharge or dismissal of a police officer or firefighter
with twenty years of creditable retirement service

SUMMARY OF PROVISIONS:
This legislation guarantees a pension to any
New York City police officer or firefighter who has attained twenty
years of creditable service and would have otherwise been eligible
for retirement, who was dismissed from employment.

JUSTIFICATION:
Presently, every member in the New York State
Policemen's and Firemen's Retirement system, covering all police
officers outside the City of New York, has his pension protected
statutorily. If a member has twenty years of service or more and is
dismissed, he receives his pension immediately without an age
limitation. In fact, this applies to all members in the Policemen's
and Firemen's Retirement system, as well as to members in the other
retirement systems, but we are dealing here only with legislation
applicable to police officers and firefighters enrolled in the New
York City Police and Fire Pension Funds.

Our proposal is to ensure that a member with 20 or more years of
service, who would otherwise be entitled to his pension had he
applied for retirement, not be denied that pension, and that the City
not be allowed to use the 30 day waiting period to thwart pension
rights. This proposal does not give the member the extent of
protection provided or members in the New York State Policemen's and
Firemen's Retirement.
System since there will be no protection under this proposal for
members dismissed who have less than 20 years of service. However,
members who could have retired based upon the 20 year retirement plan
will be appropriately protected.

It is totally violate of the principle and concept of pensions to deny
to a member and his family his retirement benefits for which he has
expended many years of service and, in the New York City Police and
Fire Pension Funds, contributed up to 7% of his total earnings. The
member is being sufficiently punished for his possible departmental
violation by being dismissed from his position. There is no need to
become so punitive as to then also punish his family by not allowing
them to benefit from his pension upon which they depended.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2011-S5653 (ACTIVE) - Bill Text download pdf

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

                                  5653

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 9, 2011
                               ___________

Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  the effect of discharge or dismissal of a police officer
  or firefighter with twenty years of creditable retirement service

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

  Section  1. The administrative code of the city of New York is amended
by adding a new section 13-256.1 to read as follows:
  S 13-256.1  DISCHARGE  OR  DISMISSAL.  A.  NOTWITHSTANDING  ANY  OTHER
PROVISION  OF  LAW,  WHEN A MEMBER HAS ATTAINED AT LEAST TWENTY YEARS OF
CREDITABLE POLICE SERVICE IN THE RETIREMENT  SYSTEM,  THE  DISCHARGE  OR
DISMISSAL  FROM EMPLOYMENT OF SUCH PERSON SHALL NOT PRECLUDE SUCH PERSON
FROM RECEIVING ANY RIGHTS OR BENEFITS TO WHICH HE OR SHE SHALL OTHERWISE
BE ENTITLED AS A MEMBER OR RETIRED MEMBER OF THE RETIREMENT  SYSTEM  NOR
UPON  RETIREMENT SHALL HIS OR HER BENEFITS BE IN ANY WAY DIMINISHED AS A
RESULT OF SUCH DISCHARGE OR DISMISSAL.  SUCH MEMBER SHALL BE  DEEMED  TO
BE RETIRED ON THE DATE OF HIS OR HER DISCHARGE OR DISMISSAL FROM SERVICE
FOR  PURPOSES  OF DETERMINING HIS OR HER RIGHTS AND BENEFITS AS A MEMBER
OF THE RETIREMENT SYSTEM.
  B. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SUBDIVISION A  OF  THIS
SECTION,  A MEMBER, OTHER THAN A MEMBER TO WHICH ARTICLE FOURTEEN OF THE
RETIREMENT AND SOCIAL SECURITY LAW IS APPLICABLE, THAT HAS  ATTAINED  AT
LEAST  TWENTY YEARS OF CREDITABLE SERVICE IN THE RETIREMENT SYSTEM SHALL
FORFEIT THE RETIREMENT BENEFITS TO WHICH THE MEMBER WOULD  OTHERWISE  BE
ENTITLED  IF  THE MEMBER IS CONVICTED UNDER THE LAWS OF THE STATE OF NEW
YORK OF A FELONY, OR UNDER THE LAWS OF ANOTHER STATE OR  OF  THE  UNITED
STATES  OF  AN  OFFENSE OR CRIME WHICH, IF COMMITTED IN THE STATE OF NEW
YORK, WOULD BE A FELONY.
  C. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO IN ANY WAY MODIFY  OR
AFFECT  THE RIGHTS OR BENEFITS OF ANY MEMBER OF THE RETIREMENT SYSTEM TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09543-03-1

S. 5653                             2

WHICH ARTICLE FOURTEEN OF THE RETIREMENT  AND  SOCIAL  SECURITY  LAW  IS
APPLICABLE.
  S  2.  The  administrative  code of the city of New York is amended by
adding a new section 13-361.1 to read as follows:
  S 13-361.1  DISCHARGE  OR  DISMISSAL.  A.  NOTWITHSTANDING  ANY  OTHER
PROVISION  OF  LAW,  WHEN A MEMBER HAS ATTAINED AT LEAST TWENTY YEARS OF
CREDITABLE FIRE UNIFORMED FORCE SERVICE IN THE  RETIREMENT  SYSTEM,  THE
DISCHARGE OR DISMISSAL FROM EMPLOYMENT OF SUCH PERSON SHALL NOT PRECLUDE
SUCH  PERSON  FROM  RECEIVING  ANY RIGHTS OR BENEFITS TO WHICH HE OR SHE
SHALL OTHERWISE BE ENTITLED AS A MEMBER OR RETIRED MEMBER OF THE RETIRE-
MENT SYSTEM NOR UPON RETIREMENT SHALL HIS OR HER BENEFITS BE IN ANY  WAY
DIMINISHED  AS  A  RESULT  OF SUCH DISCHARGE OR DISMISSAL.   SUCH MEMBER
SHALL BE DEEMED TO BE RETIRED ON THE DATE OF HIS  OR  HER  DISCHARGE  OR
DISMISSAL FROM SERVICE FOR PURPOSES OF DETERMINING HIS OR HER RIGHTS AND
BENEFITS AS A MEMBER OF THE RETIREMENT SYSTEM.
  B.  NOTWITHSTANDING  ANYTHING TO THE CONTRARY IN SUBDIVISION A OF THIS
SECTION, A MEMBER, OTHER THAN A MEMBER TO WHICH ARTICLE FOURTEEN OF  THE
RETIREMENT  AND  SOCIAL SECURITY LAW IS APPLICABLE, THAT HAS ATTAINED AT
LEAST TWENTY YEARS OF CREDITABLE SERVICE IN THE RETIREMENT SYSTEM  SHALL
FORFEIT  THE  RETIREMENT BENEFITS TO WHICH THE MEMBER WOULD OTHERWISE BE
ENTITLED IF THE MEMBER IS CONVICTED UNDER THE LAWS OF THE STATE  OF  NEW
YORK  OF  A  FELONY, OR UNDER THE LAWS OF ANOTHER STATE OR OF THE UNITED
STATES OF AN OFFENSE OR CRIME WHICH, IF COMMITTED IN THE  STATE  OF  NEW
YORK, WOULD BE A FELONY.
  C.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO IN ANY WAY MODIFY OR
AFFECT THE RIGHTS OR BENEFITS OF ANY MEMBER OF THE RETIREMENT SYSTEM  TO
WHICH  ARTICLE  FOURTEEN  OF  THE  RETIREMENT AND SOCIAL SECURITY LAW IS
APPLICABLE.
  S 3. This act shall take effect immediately.

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