Bill Text: NY S05631 | 2009-2010 | General Assembly | Amended

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Bill Title: Provides that a member with at least 20 years of creditable police or fire service in the retirement system shall not be precluded from any rights he is entitled otherwise to nor upon retirement shall his benefits be in any way diminished as a result of a discharge or dismissal.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-10-20 - VETOED MEMO.6833 [S05631 Detail]

Download: New_York-2009-S05631-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5631--A
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                     May 22, 2009
                                      ___________
       Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Cities --  recommitted  to
         the  Committee  on  Cities in accordance with Senate Rule 6, sec. 8 --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       AN  ACT  to  amend  the  administrative code of the city of New York, in
         relation to the effect of discharge or dismissal of a  police  officer
         or firefighter with twenty years of creditable retirement service
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The administrative code of the city of New York is  amended
    2  by adding a new section 13-256.1 to read as follows:
    3    S 13-256.1 DISCHARGE OR DISMISSAL. NOTWITHSTANDING ANY OTHER PROVISION
    4  OF  LAW,  WHEN A MEMBER HAS ATTAINED AT LEAST TWENTY YEARS OF CREDITABLE
    5  POLICE SERVICE IN THE RETIREMENT SYSTEM, THE DISCHARGE OR DISMISSAL FROM
    6  EMPLOYMENT OF SUCH PERSON SHALL NOT PRECLUDE SUCH PERSON FROM  RECEIVING
    7  ANY RIGHTS OR BENEFITS TO WHICH HE OR SHE SHALL OTHERWISE BE ENTITLED AS
    8  A  MEMBER OR RETIRED MEMBER OF THE RETIREMENT SYSTEM NOR UPON RETIREMENT
    9  SHALL HIS OR HER BENEFITS BE IN ANY WAY DIMINISHED AS A RESULT  OF  SUCH
   10  DISCHARGE OR DISMISSAL.
   11    S  2.  The  administrative  code of the city of New York is amended by
   12  adding a new section 13-361.1 to read as follows:
   13    S 13-361.1 DISCHARGE OR DISMISSAL. NOTWITHSTANDING ANY OTHER PROVISION
   14  OF LAW, WHEN A MEMBER HAS ATTAINED AT LEAST TWENTY YEARS  OF  CREDITABLE
   15  FIRE  UNIFORMED FORCE SERVICE IN THE RETIREMENT SYSTEM, THE DISCHARGE OR
   16  DISMISSAL FROM EMPLOYMENT OF SUCH PERSON SHALL NOT PRECLUDE SUCH  PERSON
   17  FROM RECEIVING ANY RIGHTS OR BENEFITS TO WHICH HE OR SHE SHALL OTHERWISE
   18  BE  ENTITLED  AS A MEMBER OR RETIRED MEMBER OF THE RETIREMENT SYSTEM NOR
   19  UPON RETIREMENT SHALL HIS OR HER BENEFITS BE IN ANY WAY DIMINISHED AS  A
   20  RESULT OF SUCH DISCHARGE OR DISMISSAL.
   21    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09108-02-0