Senate Bill S8764A

2023-2024 Legislative Session

Relates to eligibility for ordinary disability benefits and re-employment of disability retirees of the New York city police pension fund Tier III plans

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Sponsored By

Current Bill Status - In Senate Committee Civil Service And Pensions 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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Bill Amendments

2023-S8764 - Details

See Assembly Version of this Bill:
A9515
Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §§506 & 507, R & SS L

2023-S8764 - Summary

Modifies eligibility for ordinary disability benefits and re-employment of disability retirees of the New York city police pension fund Tier III plans.

2023-S8764 - Sponsor Memo

2023-S8764 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8764
 
                             I N  S E N A T E
 
                               March 8, 2024
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to amend the retirement and social security law, in  relation  to
   eligibility  for  ordinary  disability  benefits  and re-employment of
   disability retirees of the New York city police pension fund Tier  III
   plans

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions a and b of section 506 of the  retirement  and
 social security law, subdivision a as amended by chapter 513 of the laws
 of  2010  and subdivision b as added by chapter 890 of the laws of 1976,
 are amended to read as follows:
   a. A member in active service who is not eligible for a normal retire-
 ment benefit shall, upon completing five years or more  of  service,  be
 eligible  for the ordinary disability benefit described in subdivision b
 of this section if such member has been determined to  be  eligible  for
 primary  social security disability benefits; provided, however, that no
 member of the New York state teachers' retirement system, the  New  York
 city  employees' retirement system, the New York city board of education
 retirement system, the New York city teachers'  retirement  system,  THE
 NEW  YORK  CITY  POLICE  PENSION  FUND  or  the New York state and local
 employees' retirement system who  is  otherwise  eligible  for  ordinary
 disability benefits pursuant to this section shall be deemed to be inel-
 igible  for  such  benefits because such member is eligible for a normal
 service retirement benefit. MEMBERS OF THE NEW YORK CITY POLICE  PENSION
 FUND NEED NOT COMPLETE FIVE YEARS OR MORE OF SERVICE NOR BE ELIGIBLE FOR
 PRIMARY  SOCIAL SECURITY DISABILITY BENEFITS IN ORDER TO BE ELIGIBLE FOR
 THE ORDINARY DISABILITY BENEFIT  DESCRIBED  IN  SUBDIVISION  B  OF  THIS
 SECTION. APPLICATION FOR AND THE DETERMINATION OF SUCH ORDINARY DISABIL-
 ITY  BENEFIT  SHALL  BE GOVERNED BY SECTION 13-251 OF THE ADMINISTRATIVE
 CODE OF THE CITY OF NEW YORK.
   b. The ordinary disability benefit hereunder shall be a pension  equal
 to  the greater of (i) thirty-three and one-third percent of final aver-
 age salary, or (ii) two percent of final average salary times  years  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2023-S8764A (ACTIVE) - Details

See Assembly Version of this Bill:
A9515
Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §§506 & 507, R & SS L

2023-S8764A (ACTIVE) - Summary

Modifies eligibility for ordinary disability benefits and re-employment of disability retirees of the New York city police pension fund Tier III plans.

2023-S8764A (ACTIVE) - Sponsor Memo

2023-S8764A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8764--A
 
                             I N  S E N A T E
 
                               March 8, 2024
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to amend the retirement and social security law, in relation to
   eligibility for ordinary  disability  benefits  and  re-employment  of
   disability  retirees of the New York city police pension fund Tier III
   plans
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  506 of the retirement and social security law is
 amended by adding a new subdivision a-1 to read as follows:
   A-1. THE PROVISIONS OF SUBDIVISION A OF THIS SECTION SHALL  NOT  APPLY
 TO  MEMBERS  OF THE NEW YORK CITY POLICE PENSION FUND.  MEDICAL EXAMINA-
 TION OF A POLICE PENSION MEMBER IN CITY-SERVICE FOR ORDINARY  DISABILITY
 SHALL  BE  MADE UPON THE APPLICATION OF THE POLICE COMMISSIONER, OR UPON
 THE APPLICATION OF SUCH MEMBER OR OF A PERSON ACTING  ON  SUCH  MEMBER'S
 BEHALF, STATING THAT SUCH MEMBER IS PHYSICALLY OR MENTALLY INCAPACITATED
 FOR  THE  PERFORMANCE  OF  DUTY AND OUGHT TO BE RETIRED. IF SUCH MEDICAL
 EXAMINATION SHOWS THAT SUCH MEMBER IS PHYSICALLY OR  MENTALLY  INCAPACI-
 TATED  FOR  THE PERFORMANCE OF DUTY AND OUGHT TO BE RETIRED, THE MEDICAL
 BOARD SHALL SO REPORT AND THE BOARD SHALL RETIRE SUCH MEMBER  FOR  ORDI-
 NARY DISABILITY.
   § 2. Subdivision d of section 507 of the retirement and social securi-
 ty  law, as added by chapter 890 of the laws of 1976, is amended to read
 as follows:
   d. If a member shall cease to be eligible for primary social  security
 benefits before attaining age sixty-five, or, if receipt of social secu-
 rity  benefits  is  not  a  condition for disability benefits hereunder,
 shall engage in such employment or business  activity  as  would  render
 such  member ineligible for social security disability benefits (had [he
 or she] SUCH MEMBER otherwise been eligible), benefits  hereunder  shall
 cease.    Provided,  however,  if such member is otherwise eligible, the
 state civil service department or appropriate municipal commission shall
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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