Bill Text: NY A08109 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 8109 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relates to disability retirement applications made by or on behalf of certain deputy sheriffs; ensures that a deputy sheriff who is disabled is not denied disability retirement benefits because they were unable to work in criminal law enforcement activities because of the disability at the date the application is filed.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-08-17 - signed chap.447 [A08109 Detail]

Download: New_York-2011-A08109-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8109
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 2, 2011
                                      ___________
       Introduced by M. of A. ABBATE -- read once and referred to the Committee
         on Governmental Employees
       AN  ACT  to amend the retirement and social security law, in relation to
         disability retirement applications made by or  on  behalf  of  certain
         deputy sheriffs
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision aa of section 555 of the retirement and  social
    2  security law, as added by chapter 165 of the laws of 1995, is amended to
    3  read as follows:
    4    aa.  At  the  time  of  the  filing of an application pursuant to this
    5  section, the member must:
    6    1. Have at least ten years of total service credit, and
    7    2. Actually be in service upon which his or her membership  is  based,
    8  or,  have been discontinued from service, either voluntarily or involun-
    9  tarily, for not more than ninety days, providing the member was disabled
   10  prior to such discontinuance.
   11    AN APPLICATION FOR DISABILITY RETIREMENT SHALL NOT BE  DISAPPROVED  ON
   12  THE BASIS OF A DEPUTY SHERIFF HAVING FAILED TO ENGAGE DIRECTLY IN CRIMI-
   13  NAL  LAW  ENFORCEMENT  ACTIVITIES  THAT  AGGREGATE FIFTY PER CENTUM OF A
   14  DEPUTY SHERIFF'S SERVICE DURING A PERIOD PRECEDING  THE  FILING  OF  THE
   15  APPLICATION PROVIDED THE FAILURE TO DO SO WAS THE RESULT OF THE DISABIL-
   16  ITY  ALLEGED  IN THE APPLICATION AND FURTHER PROVIDED THE DEPUTY SHERIFF
   17  WAS CERTIFIED AS SO ENGAGED IN CRIMINAL LAW  ENFORCEMENT  ACTIVITIES  BY
   18  THE  COUNTY  SHERIFF  FOR  THE  CALENDAR YEAR PRECEDING THE ONSET OF THE
   19  DISABILITY.
   20  After the filing of such an application, such member shall be given  one
   21  or  more  medical  examinations.  If the comptroller determines that the
   22  member is physically or mentally incapacitated for  the  performance  of
   23  duty and ought to be retired for ordinary disability, he or she shall be
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11832-01-1
       A. 8109                             2
    1  so  retired. Such retirement shall be effective as of a date approved by
    2  the comptroller.
    3    S 2. Subdivision a of section 556 of the retirement and social securi-
    4  ty  law,  as  amended  by chapter 489 of the laws of 2008, is amended to
    5  read as follows:
    6    a. A member shall be entitled to an accidental  disability  retirement
    7  allowance if, at the time application therefor is filed, he or she is:
    8    1. Physically or mentally incapacitated for performance of duty as the
    9  natural and proximate result of an accident not caused by his or her own
   10  willful negligence sustained in such service and while actually a member
   11  of the retirement system, and
   12    2.  Actually  in  service  upon  which his or her membership is based.
   13  However, in a case where a member is discontinued  from  service  subse-
   14  quent to the accident, either voluntarily or involuntarily, and provided
   15  that the member meets the requirements of paragraph one of this subdivi-
   16  sion,  application  may  be made either (a) by a vested member incapaci-
   17  tated as the result of a qualifying  World  Trade  Center  condition  as
   18  defined  in  section  two  of this chapter at any time, or (b) not later
   19  than two years after the member is first discontinued from  service  and
   20  provided that the member meets the requirements of paragraph one of this
   21  subdivision.
   22    AN  APPLICATION  FOR DISABILITY RETIREMENT SHALL NOT BE DISAPPROVED ON
   23  THE BASIS OF A DEPUTY SHERIFF HAVING FAILED TO ENGAGE DIRECTLY IN CRIMI-
   24  NAL LAW ENFORCEMENT ACTIVITIES THAT AGGREGATE  FIFTY  PER  CENTUM  OF  A
   25  DEPUTY  SHERIFF'S  SERVICE  DURING  A PERIOD PRECEDING THE FILING OF THE
   26  APPLICATION PROVIDED THE FAILURE TO DO SO WAS THE RESULT OF THE DISABIL-
   27  ITY ALLEGED IN THE APPLICATION AND FURTHER PROVIDED THE  DEPUTY  SHERIFF
   28  WAS  CERTIFIED  AS  SO ENGAGED IN CRIMINAL LAW ENFORCEMENT ACTIVITIES BY
   29  THE COUNTY SHERIFF AT THE TIME THE ACCIDENT IS ALLEGED TO HAVE OCCURRED.
   30    S 3. Subdivision b of section 558 of the retirement and social securi-
   31  ty law, as added by chapter 165 of the laws  of  1995,  paragraph  2  as
   32  amended  by  chapter  489  of  the  laws  of 2008, is amended to read as
   33  follows:
   34    b. Eligibility. A member shall be entitled to retirement for disabili-
   35  ty incurred in the performance of  duty  if,  at  the  time  application
   36  therefor is filed, he or she is:
   37    1. Physically or mentally incapacitated for performance of duty as the
   38  natural  and  proximate  result of a disability not caused by his or her
   39  own willful negligence sustained in such service and  while  actually  a
   40  member of the retirement system, and
   41    2.  Actually  in  service  upon  which his or her membership is based.
   42  However, in a case where a member  is  discontinued  from  service,  and
   43  provided that the member meets the requirements of paragraph one of this
   44  subdivision,  application  may  be  made,  either (a) by a vested member
   45  incapacitated as the result of a qualifying World Trade Center condition
   46  as defined in section two of this chapter at any time, or (b) not  later
   47  than  two  years  after  the  member  is  discontinued  from service and
   48  provided that the member meets the requirements of subdivision a of this
   49  section and this subdivision.
   50    AN APPLICATION FOR DISABILITY RETIREMENT SHALL NOT BE  DISAPPROVED  ON
   51  THE BASIS OF A DEPUTY SHERIFF HAVING FAILED TO ENGAGE DIRECTLY IN CRIMI-
   52  NAL  LAW  ENFORCEMENT  ACTIVITIES  THAT  AGGREGATE FIFTY PER CENTUM OF A
   53  DEPUTY SHERIFF'S SERVICE DURING A PERIOD PRECEDING  THE  FILING  OF  THE
   54  APPLICATION PROVIDED THE FAILURE TO DO SO WAS THE RESULT OF THE DISABIL-
   55  ITY  ALLEGED  IN THE APPLICATION AND FURTHER PROVIDED THE DEPUTY SHERIFF
   56  WAS CERTIFIED AS SO ENGAGED IN CRIMINAL LAW  ENFORCEMENT  ACTIVITIES  BY
       A. 8109                             3
    1  THE COUNTY SHERIFF AT THE TIME THE PHYSICAL OR MENTAL INCAPACITATION FOR
    2  THE PERFORMANCE OF DUTY IS ALLEGED TO HAVE OCCURRED.
    3    S  4.  This  act  shall take effect immediately and shall apply to all
    4  applications filed pursuant to section 555, 556 or 558 of the retirement
    5  and social security law on and after July 1, 2009.