S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    480
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of A. GUNTHER, GARBARINO, ZEBROWSKI, THIELE, JAFFEE,
   TITONE, SIMANOWITZ, SKOUFIS, DenDEKKER, LENTOL,  ENGLEBRIGHT,  SKARTA-
   DOS, COLTON, ORTIZ, SEAWRIGHT, M. G. MILLER, JEAN-PIERRE, SIMON, McDO-
   NOUGH,  CROUCH,  BUTLER,  BARCLAY, RAIA, SALADINO, PALUMBO, MONTESANO,
   MALLIOTAKIS, LUPINACCI, CURRAN, MURRAY, PALMESANO, BRABENEC, LAWRENCE,
   FINCH -- Multi-Sponsored by -- M. of A. FITZPATRICK,  HAWLEY,  HEVESI,
   KEARNS,  KOLB,  LOPEZ, LUPARDO, MAGEE, McKEVITT, OAKS, RA -- read once
   and referred to the Committee on Governmental Operations
 
 AN ACT establishing a temporary task force on variable supplements fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.  The variable supplements fund (VSF)
 program was enacted in 1970 to provide supplementation to the retirement
 allowance of New York city police and fire  retirement  system  members.
 Since  the  enactment  of  the legislation establishing the VSF program,
 much controversy has been generated by the exclusion of disability reti-
 rees from eligibility for the benefit. Although a small  number  of  New
 York city disability retirees were permitted to receive VSF supplementa-
 tion  benefits  as a result of technical correction legislation approved
 during previous years, the lack of clarity in defining  VSF  eligibility
 and  the  continued exclusion of most disabled firefighters from receipt
 of this benefit has been a cause of much frustration and  confusion  for
 disability pensioners.
   While  it  is  recognized  that  any amendment to the VSF will require
 careful study and consideration of the  issues  involved,  the  legisla-
 ture's  interest  in  ensuring  fairness  and equity demand such review.
 Because the legislature does not accept this responsibility lightly,  it
 hereby  declares that the establishment of a temporary task force, to be
 known as the temporary task force on the variable supplements  fund,  is
 both warranted and required.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00748-01-7
              

 A. 480                              2
 
   §  2.  1.  A  temporary  task force, to be known as the temporary task
 force on the variable supplements fund, is hereby created to examine and
 investigate such issues as are related to the  exclusion  of  disability
 pensioners from the VSF.
   2. The temporary task force shall have the power to:
   (a)  conduct  public hearings in furtherance of the performance of its
 duties under this act;
   (b) issue subpoenas for and to compel attendance of witnesses and  the
 production of books, records, documents and other relevant evidence; and
   (c)  to  recommend  legislation  consistent  with the purposes of this
 section.
   3. The task force shall consist of  seven  members  appointed  by  the
 governor as follows:
   (a) one member appointed on the recommendation of the temporary presi-
 dent of the senate;
   (b)  one  member appointed on the recommendation of the speaker of the
 assembly;
   (c) one member appointed on the recommendation of the minority  leader
 of the senate;
   (d)  one member appointed on the recommendation of the minority leader
 of the assembly;
   (e) one member appointed on the recommendation of  the  mayor  of  the
 city of New York;
   (f)  one  member  appointed  on  the recommendation of the state comp-
 troller; and
   (g) one member who shall represent the interest of the affected  disa-
 bility retirees and who shall be designated by the chair.
   From among such seven members, the governor shall designate the chair.
 In addition to such seven voting members, the president of the uniformed
 firefighters  association of greater New York or his or her designee and
 the comptroller of the city of New York or his  or  her  designee  shall
 serve  as  non-voting members. Four voting members of the temporary task
 force shall, at all times, constitute a quorum. Members shall receive no
 compensation for their services; members (including non-voting  members)
 who are not governmental employees shall be reimbursed for their reason-
 able expenses incurred during the performance of their duties.  Notwith-
 standing  any  inconsistent  provision  of any general, special or local
 law, no officer or employee of the state or of any political subdivision
 thereof shall forfeit his or her  office  or  employment  by  reason  of
 acceptance of appointment to the temporary task force.
   4.  Within  one  year of the effective date of this act, the temporary
 task force shall issue a report containing such findings and recommenda-
 tions regarding the eligibility of disability  pensioners  of  New  York
 city to receive supplemental payments from the VSF and any other matters
 relating  thereto. Such report shall be transmitted to the governor, the
 comptroller, the chair of the Senate civil service and pensions  commit-
 tee and the chair of the assembly governmental employees committee.
   § 3. This act shall take effect immediately.