Bill S7644-2013

Authorizes Darwyn Byer to apply for accidental disability retirement benefits from the New York state and local police and fire retirement system

Authorizes Darwyn Byer to apply for accidental disability retirement benefits from the New York state and local police and fire retirement system.

Details

Actions

  • Jun 19, 2014: returned to senate
  • Jun 19, 2014: passed assembly
  • Jun 19, 2014: home rule request
  • Jun 19, 2014: ordered to third reading rules cal.612
  • Jun 19, 2014: substituted for a9944
  • Jun 16, 2014: referred to governmental employees
  • Jun 16, 2014: DELIVERED TO ASSEMBLY
  • Jun 16, 2014: PASSED SENATE
  • Jun 16, 2014: HOME RULE REQUEST
  • Jun 16, 2014: ORDERED TO THIRD READING CAL.1414
  • Jun 16, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 22, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 16, 2014
Ayes (22): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Montgomery, Parker, Perkins, Gianaris
Ayes W/R (1): Krueger
Excused (2): Hassell-Thompson, Espaillat

Memo

BILL NUMBER:S7644

TITLE OF BILL: An act to authorize Darwyn Byer to apply for accidental disability retirement benefits from the New York state and local police and fire retirement system

PURPOSE:

This legislation would authorize Darwyn Byer to apply for accidental disability retirement benefits from the New York State and Local Retirement System

SUMMARY OF PROVISIONS:

Section 1 of the bill would authorize Darwyn Byer to apply for accidental disability retirement benefits from the New York state and local police and fire retirement system.

Section 2 states that all costs associated with this act shall be borne by the County of Nassau.

JUSTIFICATION:

Nassau County Police Office Darwyn Byer was seriously injured in an auto accident on I-495 in Jericho while on duty Officer Byer received notification that he was granted a full disability retirement, but the retirement system reversed their decision based on the fact that he applied more than two years after being assigned to a light duty position. Due to no fault of his own, the correct paper work for a full duty standard claim was not filed in a timely manner. If the documents had been filed in a timely manner, Officer Byer would have been deemed to be compared to a full duty status police officer instead of a light duty police officer.

This legislation would allow Officer Byer to re-apply for an accidental disability retirement benefit provided by the New York state and local police and fire retirement system. Such application must be filed by December 31, 2014 and will be based upon the full duty standard of a police officer rather than utilize a light duty standard.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

All costs associated with this legislation will be borne by the county of Nassau. The NY State and Local retirement System estimates that if enacted, there will be an immediate past service cost of approximately $432,000.

EFFECTIVE DATE:

This act shall take effect immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 7644 IN SENATE May 22, 2014 ___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to authorize Darwyn Byer to apply for accidental disability retirement benefits from the New York state and local police and fire retirement system 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, Darwyn Byer, who is employed by the Nassau County Police Department since March 31, 1995 and is a member of the New York state and local police and fire retirement system for approximately 17 years, was injured on December 26, 2002 as the result of an on the job accident. Notwithstanding any rule, regulation or law to the contrary, he shall be entitled to file for an accidental disability retirement benefit provided by the New York state and local police and fire retirement system. Such application will be based upon the full duty standard of a police officer rather than utilize a light duty standard. Such application must be filed with the New York state and local police and fire retirement system pursuant to section 363 of the retirement and social security law no later than December 31, 2014. S 2. All costs associated with the implementation of this act shall be borne by the county of Nassau. S 3. This act shall take effect immediately. FISCAL NOTE-- Pursuant to Legislative Law, Section 50: This bill would provide a different standard for an accidental disa- bility retirement benefit determination for Darwyn Byer than is current- ly required by regulations promulgated by the State Comptroller. Specifically, the bill would require that the State Comptroller render a determination as to whether Mr. Byer is entitled to such disability benefit based upon a "full duty standard" rather than the "light duty standard" required by Title 2 of the New York Codes, Rules and Regu- lations Part 364 for such a determination on an application for benefits filed by or on behalf of Darwyn Byer or anyone else similarly situated.

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