S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4575
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2023
                                ___________
 
 Introduced  by  M.  of A. GUNTHER, ZEBROWSKI, THIELE, COLTON, SEAWRIGHT,
   JEAN-PIERRE,  SIMON,  DICKENS,  REYES,  COOK,  STERN,   PHEFFER AMATO,
   D. ROSENTHAL, DARLING, AUBRY, McDONOUGH, BARCLAY, PALMESANO, BRABENEC,
   BLANKENBUSH,  MILLER, SMITH, NORRIS, DeSTEFANO, MIKULIN, REILLY, MANK-
   TELOW, DURSO,  GANDOLFO,  JACKSON,  SEPTIMO,  J. A. GIGLIO,  K. BROWN,
   BURDICK,  J. M. GIGLIO,  SILLITTI, TANNOUSIS, KELLES, WALLACE, LAVINE,
   BYRNES, MEEKS -- read once and referred to the  Committee  on  Govern-
   mental Employees
 
 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.
   § 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 variable supplements fund.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04163-01-3
 A. 4575                             2
 
   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  eleven  members  appointed  as
 follows:
   (a) two members who shall be appointed by the governor;
   (b)  two  members who shall be appointed by the temporary president of
 the senate;
   (c) two members who shall be appointed by the speaker of the assembly;
   (d) one member who shall be appointed by the minority  leader  of  the
 senate;
   (e)  one  member  who shall be appointed by the minority leader of the
 assembly;
   (f) one member who shall be appointed by the mayor of the city of  New
 York;
   (g) one member who shall be appointed by the state comptroller; and
   (h)  one member who shall represent the interest of the affected disa-
 bility retirees and who shall be appointed by the chair.
   From among such eleven  members,  the  governor  shall  designate  the
 chair.   In addition to such eleven voting members, the president of the
 uniformed firefighters association of greater New York  or  his  or  her
 designee,  the  comptroller of the city of New York or his or her desig-
 nee, a member of the board of trustees of the transit  police  officer's
 variable  supplements fund or his or her designee, a member of the board
 of trustees of the housing police officer's variable supplements fund or
 his or her designee, a member of the board of trustees  of  the  transit
 police superior officers' variable supplements fund or his or her desig-
 nee,  a  member  of the board of trustees of the housing police superior
 officers' variable supplements fund or his or her designee, and a member
 of the board of trustees of the correction  officers'  variable  supple-
 ments fund or his or her designee shall serve as non-voting members. Six
 voting  members of the temporary task force shall, at all times, consti-
 tute a quorum. Members shall receive no compensation for their services;
 members (including non-voting members) who are not governmental  employ-
 ees  shall  be  reimbursed for their reasonable expenses incurred during
 the performance of  their  duties.    Notwithstanding  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 variable supplements fund
 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  committee  and  the  chair  of  the assembly governmental
 employees committee.
   § 3. This act shall take effect immediately.