Bill Text: NY A09199 | 2015-2016 | General Assembly | Introduced

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Bill Title: Provides that uniformed court officers and peace officers employed in the unified court system shall be entitled to accidental disability retirement if they sustain injuries as the result of a physical assault by an assailant suffered while in service.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Vetoed) 2016-11-28 - tabled [A09199 Detail]

Download: New_York-2015-A09199-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9199
                   IN ASSEMBLY
                                    February 3, 2016
                                       ___________
        Introduced  by  M.  of A. ABBATE, GOLDFEDER -- read once and referred to
          the Committee on Governmental Employees
        AN ACT to amend the retirement and social security law, in  relation  to
          accidental  disability  retirement  for  uniformed  court officers and
          peace officers employed in the unified court system
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision a of section 605-a of the retirement and social
     2  security  law, as amended by chapter 489 of the laws of 2008, is amended
     3  to read as follows:
     4    a. A member employed as a uniformed court officer or peace officer  in
     5  the  unified  court system shall be entitled to an accidental disability
     6  retirement allowance if, at the time application therefor is filed, such
     7  member 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
    10  own  willful  negligence, sustained in such service and while actually a
    11  member 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.
    20    For  purposes  of  this  subdivision,  a  member who is injured as the
    21  result of a physical assault by an assailant, suffered while in  service
    22  shall be entitled to accidental disability retirement unless the contra-
    23  ry can be proven by competent evidence under this section.
    24    §  2. Notwithstanding any other provision of law to the contrary, none
    25  of the provisions of this act shall be subject  to  section  25  of  the
    26  retirement and social security law.
    27    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13802-01-6