This bill has been amended

Bill S6757-2013

Relates to accidental disability retirement for uniformed court officers and peace officers employed in the unified court system

Provides that uniformed court officers and peace officers employed in the unified court system shall be entitled to accidental disability retirement if they sustain injuries as the result of a physical assault by an assailant suffered while in service.

Details

Actions

  • Apr 30, 2014: ADVANCED TO THIRD READING
  • Apr 29, 2014: 2ND REPORT CAL.
  • Apr 28, 2014: 1ST REPORT CAL.390
  • Mar 6, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Civil Service and Pensions - Apr 28, 2014
Ayes (10): Golden, Hannon, Lanza, Martins, Ritchie, Savino, Maziarz, Addabbo, Dilan, Perkins
Excused (1): Sanders

Memo

BILL NUMBER:S6757

TITLE OF BILL: An act to amend the retirement and social security law, in relation to accidental disability retirement for uniformed court officers and peace officers employed in the unified court system

TITLE OF BILL: An act to amend the retirement and social security law, in relation to accidental disability retirement for uniformed court officers and peace officers employed in the unified court system

PURPOSE: This bill would allow a member who is injured as the result of a physical assault by an assailant, which causes them to he physically or mentally incapacitated for performance of their duties while in service shall be entitled to accidental disability retirement unless the contrary can be proven.

SUMMARY OF PROVISIONS: This bill amends subdivision a of section 605-a of the retirement and social security law

JUSTIFICATION: A member employed as a uniformed court officer or peace officer who is assaulted while serving within the capacity of their job, and therefore becomes physically or mentally incapacitated to complete the duties of their job, should be eligible to receive an accidental retirement and all applicable benefits. While working within the full capacity of their job a uniformed court officer or peace officer should be assured that they will be eligible for an accidental retirement when they are injured due to an incident completely out of their control.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: See the bill.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6757 IN SENATE March 6, 2014 ___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the retirement and social security law, in relation to accidental disability retirement for uniformed court officers and peace officers employed in the unified court system THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision a of section 605-a of the retirement and social security law, as amended by chapter 489 of the laws of 2008, is amended to read as follows: a. A member employed as a uniformed court officer or peace officer in the unified court system shall be entitled to an accidental disability retirement allowance if, at the time application therefor is filed, such member is: 1. Physically or mentally incapacitated for performance of duty as the natural and proximate result of an accident, not caused by his own will- ful negligence, sustained in such service and while actually a member of the retirement system; and 2. Actually in service upon which his or her membership is based. However, in a case where a member is discontinued from service subse- quent to the accident, either voluntarily or involuntarily, and provided that the member meets the requirements of paragraph one of this subdivi- sion, application may be made either (a) by a vested member incapaci- tated as the result of a qualifying World Trade Center condition as defined in section two of this chapter at any time, or (b) not later than two years after the member is first discontinued from service. FOR PURPOSES OF THIS SUBDIVISION, A MEMBER WHO IS INJURED AS THE RESULT OF A PHYSICAL ASSAULT BY AN ASSAILANT, SUFFERED WHILE IN SERVICE SHALL BE ENTITLED TO ACCIDENTAL DISABILITY RETIREMENT UNLESS THE CONTRA- RY CAN BE PROVEN BY COMPETENT EVIDENCE UNDER THIS SECTION. S 2. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would allow Tier 3, 4, 5 and 6 uniformed court officers and peace officers in the unified court system to be eligible for an acci-

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