BILL NUMBER: S8785

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the retirement and social security law, in relation to
eligibility for a performance of duty disability retirement benefit

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to eligibility for a performance of duty disability retirement
benefit.

 
SUMMARY OF PROVISIONS:

Section 1 amends the retirement and social security law to include indi-
viduals who contract COVID-19, and as a result suffer a permanent disa-
bility or death, as eligible for a performance of duty disability
retirement benefit.

Section 2 provides the effective date.

              

 
JUSTIFICATION:

Lebertus Vanderwerff was a New York State Department of Corrections and
Community Services transportation officer for Auburn Correctional Facil-
ity from 2015 to 2021. His job duties included the following:  counting
incarcerated individuals' property and records, frisking incarcerated
individuals and applying mechanical restraints, waist chains, black box
and ankle restraints, along with counting and securing these individuals
on the minibus where he would drive them from state facilities in his
hub. He would often work 14 to 16 hour shifts and was not informed of
COVID-19 positive inmates until after his shift. It is no surprise in
early 2022 Mr. Vanderwerff contracted the virus and it had debilitating
effects on his health. He developed Pneumonia which has done permanent
damage to his lungs and has completely derailed his and his family's
life as well. Mr.  Vanderwerff had to either retire or be medically
terminated and lose his retirement benefits. When it was determined he
could no longer work he applied for performance of duty disability along
with documentation of trace contact from the incarcerated individuals he
transported. He was denied performance of duty disability despite the
overwhelming evidence that he contracted COVI D-19 while transporting
COVID positive inmates during an unprecedented pandemic. Mr. Vanderwerff
should be commended for his service to others during the COVID-19
pandemic. This bill is one step toward properly compensating him for
that service.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined

 
EFFECTIVE DATE:
Immediately.