Assembly Bill A9391

2023-2024 Legislative Session

Provides for a disability retirement for certain deputy sheriff members of a retirement system in certain cities

download bill text pdf

Sponsored By

Current Bill Status Via S8532 - Passed Assembly


  • 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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2023-A9391 (ACTIVE) - Details

See Senate Version of this Bill:
S8532
Law Section:
General Municipal Law
Laws Affected:
Add §207-r, Gen Muni L

2023-A9391 (ACTIVE) - Summary

Provides for a line of duty disability presumption for any condition of impairment of health caused by diseases of the lung, resulting in total or partial disability or death of certain deputy sheriff members of a retirement system in certain cities.

2023-A9391 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9391
 
                           I N  A S S E M B L Y
 
                               March 6, 2024
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Governmental Employees
 
 AN ACT to amend the general municipal law, in relation  to  disabilities
   of deputy sheriff members of a retirement system in certain cities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general municipal  law  is  amended  by  adding  a  new
 section 207-r to read as follows:
   § 207-R. DISABILITIES OF DEPUTY SHERIFF MEMBERS OF A RETIREMENT SYSTEM
 IN  CERTAIN  CITIES.  1.  NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL,
 SPECIAL OR LOCAL LAW OR ADMINISTRATIVE CODE TO THE CONTRARY, BUT  EXCEPT
 FOR THE PURPOSES OF THE WORKERS' COMPENSATION LAW AND THE LABOR LAW, ANY
 CONDITION  OF  IMPAIRMENT  OF  HEALTH  CAUSED  BY  DISEASES OF THE LUNG,
 RESULTING IN TOTAL OR PARTIAL DISABILITY OR DEATH  TO  A  PAID  EMPLOYEE
 PERFORMING THE DUTIES OF A DEPUTY SHERIFF IN THE SHERIFF'S DEPARTMENT OF
 A  CITY  WITH A POPULATION OF ONE MILLION OR MORE WHERE SUCH EMPLOYEE IS
 DRAWN FROM COMPETITIVE CIVIL SERVICE LISTS, OR  ANY  RETIRED  MEMBER  OF
 SUCH  DEPARTMENT  WHO  RETIRED  FROM A TITLE WHOSE DUTIES ARE THOSE OF A
 DEPUTY SHERIFF AND HAS BEEN RETIRED FOR FIVE OR LESS YEARS, WHO SUCCESS-
 FULLY PASSED A PHYSICAL EXAMINATION ON ENTRY INTO THE  SERVICE  OF  SUCH
 DEPARTMENT,  WHICH  EXAMINATION  FAILED  TO  REVEAL ANY EVIDENCE OF SUCH
 CONDITION, SHALL BE PRESUMPTIVE EVIDENCE THAT IT  WAS  INCURRED  IN  THE
 PERFORMANCE  AND  DISCHARGE  OF  DUTY,  UNLESS THE CONTRARY BE PROVED BY
 COMPETENT EVIDENCE.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A DEPUTY SHERIFF MEMBER
 RETIRING PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF  THIS  SECTION
 SHALL  RECEIVE  A  PENSION EQUAL TO THREE-FOURTHS OF SUCH MEMBER'S FINAL
 AVERAGE SALARY, AND A RETIRED MEMBER WHO HAS BEEN RETIRED FOR FIVE YEARS
 OR LESS AND WOULD HAVE BEEN ABLE TO RETIRE PURSUANT TO THE PROVISIONS OF
 SUBDIVISION ONE OF THIS SECTION IF SUCH SUBDIVISION HAD BEEN IN FORCE AT
 THE TIME OF SUCH RETIRED  MEMBER'S  RETIREMENT,  SHALL  BE  ENTITLED  TO
 RECEIVE  A PENSION EQUAL TO THREE-FOURTHS OF SUCH MEMBER'S FINAL AVERAGE
 SALARY AND HAVE THEIR PENSION RECALCULATED COMMENCING WITH THE LATER  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10216-03-4
              

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