NY State Senate Bill 2021-S5107

Senate Bill S5107

2021-2022 Legislative Session

Extends the benefits of the variable supplements fund to all New York city police officers, firefighters, housing police, transit police, correction officers and registered domestic partners

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Archive: Last Bill Status - In Senate Committee Cities 1 Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to cities 1
Feb 23, 2021	referred to cities 1

2021-S5107 (ACTIVE) - Details

Current Committee:: Senate Cities 1
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§13-271, 13-281, 13-385, 13-395, 13-191, 13-192 & 13-194, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6527
2017-2018: S4096
2019-2020: S1444
2023-2024: S4158

2021-S5107 (ACTIVE) - Summary

Extends the benefits of the variable supplements fund to all New York city police officers, firefighters, housing police, transit police, correction officers and registered domestic partners.

2021-S5107 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5107

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, in
relation to extending the benefits of the variable supplements fund to
all New York city police officers, firefighters, housing police, transit
police, correction officers and registered domestic partners

 
PURPOSE:

To extend the benefits of the variable supplements fund to all New York
city police officers, firefighters, housing police, transit police,
correction officers and their registered domestic partners.

 
SUMMARY OF PROVISIONS:

This legislation adds subdivision (g) to §§ 13-271 and 13-281 of the
Administrative Code of the City of New York which would add all police
officers who are ineligible for the variable supplements fund.  This

includes all disabled and vested New York City police officers and line
of duty widows and widowers, and registered domestic partners, who vest-
ed in a retirement system prior to the effective date of this subdivi-
sion.

The Administrative Code of the City of New York is amended by adding a
new subdivision (i) to § 13-385 and subdivision (f) to § 13-395 to add
all firefighters who are ineligible for the variable supplement fund.
This includes all disabled and vested. New York City firefighters and
line of duty widows and widowers, and registered domestic partners, who
vested in a retirement system prior to the effective date of this subdi-
vision.  The Administrative Code of the City of New York is amended by
adding a new paragraph (i) to subdivision 4 of § 13-191 and a new para-
graph

(h) to subdivision 4 of § 13-192 to add all transit police officers who
are ineligible for the variable supplement fund. This includes all disa-
bled and vested New York City transit police officers and line of duty
widows and widowers, and registered domestic partners, who vested in a
retirement system prior to the effective date of this subdivision.  The
Administrative Code of the City of New York is amended by adding a new
paragraph (i) to subdivision 4 of § 13-191 and a new paragraph

(h) to subdivision 4 of § 13-192 to add all housing police officers who
are ineligible for the variable supplement fund. This includes all disa-
bled and vested New York City housing police officers and line of duty
widows and widowers, and registered domestic partners, who vested in a
retirement system prior to the effective date of this subdivision.

This legislation adds subdivision (h) to § 13-194 of the Administrative
Code of the City of New York which would add all correction officer
members who are ineligible for the variable supplements fund. This
includes all disabled and vested New York City corrections officers and
line of duty widows and widowers, and registered domestic partners, who
vested in a retirement system prior to the effective date of this subdi-
vision.

 
EXISTING LAW:
New Law

 
JUSTIFICATION:

The current variable supplement fund is only available to those officers
who retire after 20 years of service. Anyone who retired with a disabil-
ity pension has been excluded. All retirees should be treated equally,
therefore this bill would provide the variable supplement benefit to all
retired police officers, firefighters, housing police, transit police
and registered domestic partners from the effective date into the
future. Former members of the NYC Housing and Transit Police that
retired for service after June 30, 1987 presently receive a supplemental
benefit from the Variable Supplements Fund (hereinafter referred to as
the "VSF"). The VSF was enacted into law as a result of a fact-finders
award in 1970 and was granted to members of the NYC Police and Fire
pension funds that retired for service after October 1, 1968.

In the mid-1960s members of the Housing and Transit Police were granted
and given pay and retirement benefit parity. However, the VSF was not
bestowed upon similarly situated members of those two departments until
legislation was enacted effective after June 30, 1987, As a matter of
equity and fairness, the VSF should be granted to all members of the
Housing and Transit Police that retired for service subsequent to Octo-
ber 1, 1968.

 
LEGISLATIVE HISTORY:

01/22/16 Referred to Civil Service and Pensions

 
FISCAL IMPLICATIONS:

Undetermined

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5107 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5107
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation to extending the benefits of the variable supplements fund to
   all New York city police officers, firefighters, housing police, tran-
   sit police, correction officers and registered domestic partners
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 13-271 of the administrative code of  the  city  of
 New York is amended by adding a new subdivision g to read as follows:
   G.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
 SUBCHAPTER SHALL APPLY TO ALL POLICE OFFICERS WHO, PRIOR TO  THE  EFFEC-
 TIVE  DATE  OF  THIS  SUBDIVISION,  WERE INELIGIBLE FOR THE BENEFITS SET
 FORTH IN THIS SUBCHAPTER, INCLUDING ALL DISABLED NEW  YORK  CITY  POLICE
 OFFICERS, LINE OF DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS
 AND  ALL  OTHER  NEW YORK CITY POLICE OFFICERS WHO RECEIVE BENEFITS FROM
 THE NEW YORK CITY POLICE PENSION FUND.   ALL SUCH POLICE  OFFICER  RETI-
 REES,  WIDOWS  AND  WIDOWERS  AND  REGISTERED DOMESTIC PARTNERS SHALL BE
 ELIGIBLE AND ARE HEREBY GRANTED ALL RIGHTS AND  BENEFITS  SET  FORTH  IN
 THIS  SUBCHAPTER  PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH (I)
 OF PARAGRAPH SEVEN OF SUBDIVISION A OF THIS SECTION FROM  THE  EFFECTIVE
 DATE  OF  THIS SUBDIVISION.   HOWEVER, NOTHING IN THIS SUBDIVISION SHALL
 SERVE TO CAUSE A REDUCTION IN THE VARIABLE  SUPPLEMENT  PAYMENT  TO  ANY
 POLICE  OFFICER  OR  THEIR  BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT
 PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION.
   § 2. Section 13-281 of the administrative code of the city of New York
 is amended by adding a new subdivision g to read as follows:
   G. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF  THIS
 SUBCHAPTER  SHALL  APPLY TO ALL POLICE OFFICERS WHO, PRIOR TO THE EFFEC-
 TIVE DATE OF THIS SUBDIVISION, WERE  INELIGIBLE  FOR  THE  BENEFITS  SET
 FORTH  IN  THIS  SUBCHAPTER, INCLUDING ALL DISABLED NEW YORK CITY POLICE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04250-01-1

 S. 5107                             2
 
 OFFICERS, LINE OF DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS
 AND ALL OTHER RETIRED NEW YORK CITY POLICE OFFICERS WHO RECEIVE BENEFITS
 FROM THE NEW YORK CITY POLICE PENSION FUND.   ALL  SUCH  RETIRED  POLICE
 OFFICERS,  WIDOWS AND WIDOWERS AND REGISTERED DOMESTIC PARTNERS SHALL BE
 ELIGIBLE AND ARE HEREBY GRANTED ALL RIGHTS AND  BENEFITS  SET  FORTH  IN
 THIS  SUBCHAPTER  PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH (I)
 OF PARAGRAPH TWO OF SUBDIVISION A OF THIS  SECTION  FROM  THE  EFFECTIVE
 DATE  OF  THIS SUBDIVISION.   HOWEVER, NOTHING IN THIS SUBDIVISION SHALL
 SERVE TO CAUSE A REDUCTION IN THE VARIABLE  SUPPLEMENT  PAYMENT  TO  ANY
 POLICE  OFFICER  OR  THEIR  BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT
 PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION.
   § 3. Section 13-385 of the administrative code of the city of New York
 is amended by adding a new subdivision i to read as follows:
   I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF  THIS
 SUBCHAPTER  SHALL  APPLY TO ALL FIREFIGHTERS WHO, PRIOR TO THE EFFECTIVE
 DATE OF THIS SUBDIVISION, WERE INELIGIBLE FOR THE BENEFITS SET FORTH  IN
 THIS SUBCHAPTER, INCLUDING ALL DISABLED NEW YORK CITY FIREFIGHTERS, LINE
 OF  DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS AND ALL OTHER
 RETIRED FIREFIGHTERS WHO RECEIVE BENEFITS FROM THE NEW YORK FIRE DEPART-
 MENT PENSION FUND.  ALL SUCH FIREFIGHTERS, WIDOWS AND  WIDOWERS,  REGIS-
 TERED  DOMESTIC  PARTNERS  AND RETIREES SHALL BE ELIGIBLE AND ARE HEREBY
 GRANTED ALL RIGHTS AND BENEFITS SET FORTH IN THIS SUBCHAPTER PURSUANT TO
 THE SCHEDULE SET FORTH IN SUBPARAGRAPH (I) OF PARAGRAPH TEN OF  SUBDIVI-
 SION  A  OF  THIS  SECTION  FROM THE EFFECTIVE DATE OF THIS SUBDIVISION.
 HOWEVER, NOTHING IN THIS SUBDIVISION SHALL SERVE TO CAUSE A REDUCTION IN
 THE VARIABLE SUPPLEMENT PAYMENT TO ANY FIREFIGHTER OR THEIR  BENEFICIARY
 WHO  WAS  ELIGIBLE  FOR  THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS
 SUBDIVISION.
   § 4. Section 13-395 of the administrative code of the city of New York
 is amended by adding a new subdivision f to read as follows:
   F. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF  THIS
 SUBCHAPTER  SHALL  APPLY TO ALL FIREFIGHTERS WHO, PRIOR TO THE EFFECTIVE
 DATE OF THIS SUBDIVISION, WERE INELIGIBLE FOR THE BENEFITS SET FORTH  IN
 THIS SUBCHAPTER, INCLUDING ALL DISABLED NEW YORK CITY FIREFIGHTERS, LINE
 OF  DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS AND ALL OTHER
 FIREFIGHTERS WHO RECEIVE A BENEFIT FROM THE  NEW  YORK  FIRE  DEPARTMENT
 PENSION  FUND.    ALL SUCH FIREFIGHTERS, WIDOWS AND WIDOWERS, REGISTERED
 DOMESTIC PARTNERS AND RETIREES SHALL BE ELIGIBLE AND ARE HEREBY  GRANTED
 ALL  RIGHTS  AND  BENEFITS  SET FORTH IN THIS SUBCHAPTER PURSUANT TO THE
 SCHEDULE SET FORTH IN SUBPARAGRAPH (I) OF PARAGRAPH TWO OF SUBDIVISION A
 OF THIS SECTION FROM THE EFFECTIVE DATE OF THIS SUBDIVISION.    HOWEVER,
 NOTHING  IN  THIS  SUBDIVISION  SHALL  SERVE TO CAUSE A REDUCTION IN THE
 VARIABLE SUPPLEMENT PAYMENT TO ANY FIREFIGHTER OR THEIR BENEFICIARY  WHO
 WAS  ELIGIBLE FOR THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS SUBDI-
 VISION.
   § 5. Subdivision 4 of section 13-191 of the administrative code of the
 city of New York, as added by chapter  844  of  the  laws  of  1987,  is
 amended by adding a new paragraph (i) to read as follows:
   (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
 SECTION SHALL APPLY TO ALL TRANSIT POLICE MEMBERS WHO RETIRED AS TRANSIT
 POLICE  OFFICERS,  WHO,  PRIOR  TO THE EFFECTIVE DATE OF THIS PARAGRAPH,
 WERE INELIGIBLE FOR THE BENEFITS SET FORTH IN  THIS  SECTION,  INCLUDING
 ALL  DISABLED  TRANSIT POLICE MEMBERS, LINE OF DUTY WIDOWS AND WIDOWERS,
 REGISTERED DOMESTIC PARTNERS AND ALL OTHER TRANSIT  POLICE  MEMBERS  WHO
 RETIRED AS TRANSIT POLICE OFFICERS AND WHO RECEIVE BENEFITS FROM THE NEW
 YORK  CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH TRANSIT POLICE OFFICER

 S. 5107                             3
 
 RETIREES, WIDOWS AND WIDOWERS AND REGISTERED DOMESTIC PARTNERS SHALL  BE
 ELIGIBLE  AND  ARE  HEREBY  GRANTED ALL RIGHTS AND BENEFITS SET FORTH IN
 THIS SECTION PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH  ONE  OF
 PARAGRAPH (C) OF THIS SUBDIVISION, FROM THE EFFECTIVE DATE OF THIS PARA-
 GRAPH.  HOWEVER,  NOTHING  IN  THIS  PARAGRAPH  SHALL  SERVE  TO CAUSE A
 REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY TRANSIT POLICE OFFI-
 CER OR THEIR BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT PRIOR  TO  THE
 EFFECTIVE DATE OF THIS PARAGRAPH.
   § 6. Subdivision 4 of section 13-191 of the administrative code of the
 city  of  New  York,  as  added  by  chapter 846 of the laws of 1987, is
 amended by adding a new paragraph (i) to read as follows:
   (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
 SECTION SHALL APPLY TO ALL HOUSING POLICE MEMBERS WHO RETIRED AS HOUSING
 POLICE OFFICERS, WHO, PRIOR TO THE EFFECTIVE  DATE  OF  THIS  PARAGRAPH,
 WERE  INELIGIBLE  FOR  THE BENEFITS SET FORTH IN THIS SECTION, INCLUDING
 ALL DISABLED HOUSING POLICE MEMBERS, LINE OF DUTY WIDOWS  AND  WIDOWERS,
 REGISTERED  DOMESTIC  PARTNERS  AND ALL OTHER HOUSING POLICE MEMBERS WHO
 RETIRED AS HOUSING POLICE OFFICERS AND WHO RECEIVE BENEFITS FROM THE NEW
 YORK CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH HOUSING POLICE  OFFICER
 RETIREES,  WIDOWS AND WIDOWERS AND REGISTERED DOMESTIC PARTNERS SHALL BE
 ELIGIBLE AND ARE HEREBY GRANTED ALL RIGHTS AND  BENEFITS  SET  FORTH  IN
 THIS  SECTION  PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH ONE OF
 PARAGRAPH (C) OF THIS SUBDIVISION, FROM THE EFFECTIVE DATE OF THIS PARA-
 GRAPH. HOWEVER, NOTHING  IN  THIS  PARAGRAPH  SHALL  SERVE  TO  CAUSE  A
 REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY HOUSING POLICE OFFI-
 CER  OR  THEIR BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT PRIOR TO THE
 EFFECTIVE DATE OF THIS PARAGRAPH.
   § 7. Subdivision 4 of section 13-192 of the administrative code of the
 city of New York, as added by chapter  844  of  the  laws  of  1987,  is
 amended by adding a new paragraph (h) to read as follows:
   (H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
 SECTION SHALL APPLY TO ALL TRANSIT POLICE MEMBERS WHO RETIRED AS TRANSIT
 POLICE SUPERIOR OFFICERS, WHO, PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
 GRAPH,  WERE  INELIGIBLE  FOR  THE  BENEFITS  SET FORTH IN THIS SECTION,
 INCLUDING ALL DISABLED TRANSIT POLICE MEMBERS, LINE OF DUTY  WIDOWS  AND
 WIDOWERS,  REGISTERED  DOMESTIC  PARTNERS  AND  ALL OTHER TRANSIT POLICE
 MEMBERS WHO RETIRED AS TRANSIT POLICE SUPERIOR OFFICERS AND WHO  RECEIVE
 BENEFITS  FROM  THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH
 TRANSIT POLICE SUPERIOR OFFICER RETIREES, WIDOWS AND WIDOWERS AND REGIS-
 TERED DOMESTIC PARTNERS SHALL BE ELIGIBLE AND  ARE  HEREBY  GRANTED  ALL
 RIGHTS  AND  BENEFITS SET FORTH IN THIS SECTION PURSUANT TO THE SCHEDULE
 SET FORTH IN SUBPARAGRAPH ONE OF PARAGRAPH (C) OF THIS SUBDIVISION, FROM
 THE EFFECTIVE DATE OF THIS PARAGRAPH. HOWEVER, NOTHING IN THIS PARAGRAPH
 SHALL SERVE TO CAUSE A REDUCTION IN THE VARIABLE SUPPLEMENT  PAYMENT  TO
 ANY  TRANSIT SUPERIOR POLICE OFFICER OR THEIR BENEFICIARY WHO WAS ELIGI-
 BLE FOR THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH.
   § 8. Subdivision 4 of section 13-192 of the administrative code of the
 city of New York, as added by chapter  846  of  the  laws  of  1987,  is
 amended by adding a new paragraph (h) to read as follows:
   (H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
 SECTION SHALL APPLY TO ALL HOUSING POLICE MEMBERS WHO RETIRED AS HOUSING
 POLICE SUPERIOR OFFICERS, WHO, PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
 GRAPH,  WERE  INELIGIBLE  FOR  THE  BENEFITS  SET FORTH IN THIS SECTION,
 INCLUDING ALL DISABLED HOUSING POLICE MEMBERS, LINE OF DUTY  WIDOWS  AND
 WIDOWERS,  REGISTERED  DOMESTIC  PARTNERS  AND  ALL OTHER HOUSING POLICE
 MEMBERS WHO RETIRED AS HOUSING POLICE SUPERIOR OFFICERS AND WHO  RECEIVE

 S. 5107                             4
 
 BENEFITS  FROM  THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH
 HOUSING POLICE SUPERIOR OFFICER RETIREES, WIDOWS AND WIDOWERS AND REGIS-
 TERED DOMESTIC PARTNERS SHALL BE ELIGIBLE AND  ARE  HEREBY  GRANTED  ALL
 RIGHTS  AND  BENEFITS SET FORTH IN THIS SECTION PURSUANT TO THE SCHEDULE
 SET FORTH IN SUBPARAGRAPH ONE OF PARAGRAPH (C) OF THIS SUBDIVISION, FROM
 THE EFFECTIVE DATE OF THIS PARAGRAPH. HOWEVER, NOTHING IN THIS PARAGRAPH
 SHALL SERVE TO CAUSE A REDUCTION IN THE VARIABLE SUPPLEMENT  PAYMENT  TO
 ANY  HOUSING POLICE SUPERIOR OFFICER OR THEIR BENEFICIARY WHO WAS ELIGI-
 BLE FOR THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH.
   § 9. Subdivision 4 of section 13-194 of the administrative code of the
 city of New York is amended by adding a new paragraph  (h)  to  read  as
 follows:
   (H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
 SECTION  SHALL  APPLY  TO  ALL CORRECTION OFFICER MEMBERS WHO RETIRED AS
 CORRECTION OFFICERS, WHO, PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH,
 WERE INELIGIBLE FOR THE BENEFITS SET FORTH IN  THIS  SECTION,  INCLUDING
 ALL  DISABLED CORRECTION OFFICER MEMBERS, LINE OF DUTY WIDOWS AND WIDOW-
 ERS, REGISTERED DOMESTIC  PARTNERS  AND  ALL  OTHER  CORRECTION  OFFICER
 MEMBERS WHO RETIRED AS CORRECTION OFFICERS AND WHO RECEIVE BENEFITS FROM
 THE  NEW  YORK  CITY  EMPLOYEES'  RETIREMENT SYSTEM. ALL SUCH CORRECTION
 OFFICER RETIREES, WIDOWS AND WIDOWERS AND REGISTERED  DOMESTIC  PARTNERS
 SHALL  BE  ELIGIBLE  AND  ARE HEREBY GRANTED ALL RIGHTS AND BENEFITS SET
 FORTH IN THIS SECTION PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH
 ONE OF PARAGRAPH (C) OF THIS SUBDIVISION, FROM  THE  EFFECTIVE  DATE  OF
 THIS  PARAGRAPH. HOWEVER, NOTHING IN THIS PARAGRAPH SHALL SERVE TO CAUSE
 A REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY CORRECTION OFFICER
 OR THEIR BENEFICIARY WHO WAS ELIGIBLE  FOR  THE  BENEFIT  PRIOR  TO  THE
 EFFECTIVE DATE OF THIS PARAGRAPH.
   § 10. This act shall take effect immediately.

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