BILL NUMBER:  S5631A

 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.

 LEGISLATIVE HISTORY :
2004 Session: New Bill - S.5876/A.9281- no significant action
2005-2006 Session: S.4176/A.6514 - no significant action
2007-2008 Session: S.3411/A.6166 - no significant action

 FISCAL IMPLICATIONS :
To be determined

 EFFECTIVE DATE :
Immediately.