NY State Senate Bill 2009-S614

Senate Bill S614

2009-2010 Legislative Session

Extends the benefits of the variable supplements fund to all New York city police officers, firefighters, housing police, transit police, and registered domestic partners

download bill text pdf

Archive: Last 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 05, 2010	print number 614a
Feb 05, 2010	amend (t) and recommit to civil service and pensions
Jan 06, 2010	referred to civil service and pensions
Jan 09, 2009	referred to civil service and pensions

Bill Amendments

Original

A (Active)

co-Sponsors

2009-S614 - Details

See Assembly Version of this Bill:: A8344
Current Committee:: Senate Civil Service And Pensions
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§13-271, 13-281, 13-385, 13-395, 13-191, 13-192, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4474, A5322
2013-2014: A2589
2015-2016: A3150

2009-S614 - Summary

Extends the benefits of the variable supplements fund to all New York city police officers, firefighters, housing police, transit police, correction officers and registered domestic partners.

2009-S614 - Sponsor Memo

                                 BILL NUMBER:  S614

 TITLE OF BILL :
An act to amend the administrative code of the city of New York, in
relation to extending the benefits of the variable supplements fund to
all New York city police officers, firefighters, housing police,
transit police and registered domestic partners


 PURPOSE :
To extend the benefits of the variable supplements fund to all New
York city police officers, firefighters, housing police, transit
police and registered domestic partners.

 SUMMARY OF PROVISIONS :
This legislation adds subdivision (f) to §§ 13-271 and 13-281 of the
Administrative Code of the City of New York which would add all police
officers who are ineligible for the variable supplements fund.  This
includes all disabled and vested New York City police officers and
line of duty widows and widowers, and registered domestic partners,
who vested in a retirement system prior to the effective date of this
subdivision. The Administrative Code of the City of New York is
amended by adding a new subdivision (h) to § 13-385 and subdivision
(f) to § 13-395 to add all firefighters who are ineligible for the
variable supplement fund. This includes all disabled and vested New
York City firefighters and line of duty widows and widowers, and

registered domestic partners, who vested in a retirement system prior
to the effective date of this subdivision.  The Administrative Code of
the City of New York is amended by adding a new paragraph (i) to
subdivision 4 of § 13-191 and a new paragraph (h) to subdivision 4 of
§ 13-192 to add all transit police officers who are ineligible for the
variable supplement fund. This includes all disabled and vested New
York City transit police officers and line of duty widows and
widowers, and registered domestic partners, who vested in a retirement
system prior to the effective date of this subdivision. The
Administrative Code of the City of New York is amended by adding a new
paragraph (1) to subdivision 4 of § 13-191 and a new paragraph (h) to
subdivision 4 of § 13-192 to add all housing police officers who are
ineligible for the variable supplement fund. This includes all
disabled and vested New York City housing police officers and line of
duty widows and widowers, and registered domestic partners, who vested
in a retirement system prior to the effective date of this
subdivision.

 JUSTIFICATION :
The current variable supplement fund is only available to those
officers who retire after 20 years of service.  Anyone who retired
with a disability pension has been excluded. All retirees should be
treated equally, therefore this bill would provide the variable
supplement benefit to all retired police officers, firefighters,
housing police, transit police and registered domestic partners from
the effective date into the future. Former members of the NYC Housing
and Transit Police that retired for service after June 30, 1987
presently receive a supplemental benefit from the Variable Supplements
Fund (hereinafter referred to as the "VSF"). The

VSF was enacted into law as a result of a fact-finders award in 1970
and was granted to members of the NYC Police and Fire pension funds
that retired for service after October 1, 1968. In the mid-1960s
members of the Housing and Transit Police were granted and given pay
and retirement benefit parity. However, the VSF was not bestowed upon
similarly situated members of those two departments until legislation
was enacted effective after June 30, 1987, As a matter of equity and
fairness, the VSF should be granted to all members of the Housing and
Transit Police that retired for service subsequent to October 1, 1968.

 LEGISLATIVE HISTORY :
2008: S.5711 - Referred to Civil Service/A.11345 - Referred to
Governmental Employees.
2007: S.5711 - Referred to Civil Service.
2006: S.3434 - Referred to Civil Service & Pensions/A.6599 - Referred
to Governmental Employees.
2005: S.3434 - Referred to Civil Service & Pensions/A.6599 - Referred
to Governmental Employees.
2004: S.2234 - Referred to Civil Services and Pensions/A.1349 -
Referred to Governmental Employees.
2003: S.2234 - Referred to Civil Services and Pensions/A.1349 -
Referred to Governmental Employees.
2002: S.7395 - Referred to Rules.

 FISCAL IMPLICATIONS :
Undetermined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S614 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   614

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             January 9, 2009
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation to extending the benefits of the variable supplements fund to
  all New York city police officers, firefighters, housing police, tran-
  sit police and registered domestic partners

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 13-271 of the administrative code of  the  city  of
New York is amended by adding a new subdivision f to read as follows:
  F.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SUBCHAPTER SHALL APPLY TO ALL POLICE OFFICERS WHO, PRIOR TO  THE  EFFEC-
TIVE  DATE  OF  THIS  SUBDIVISION,  WERE INELIGIBLE FOR THE BENEFITS SET
FORTH IN THIS SUBCHAPTER, INCLUDING ALL DISABLED NEW  YORK  CITY  POLICE
OFFICERS, LINE OF DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS
AND  ALL  OTHER  NEW YORK CITY POLICE OFFICERS WHO RECEIVE BENEFITS FROM
THE NEW YORK CITY POLICE PENSION FUND.   ALL SUCH POLICE  OFFICER  RETI-
REES,  WIDOWS  AND  WIDOWERS  AND  REGISTERED DOMESTIC PARTNERS SHALL BE
ELIGIBLE AND ARE HEREBY GRANTED ALL RIGHTS AND  BENEFITS  SET  FORTH  IN
THIS  SUBCHAPTER  PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH (I)
OF PARAGRAPH SEVEN OF SUBDIVISION A OF THIS SECTION FROM  THE  EFFECTIVE
DATE  OF  THIS SUBDIVISION.   HOWEVER, NOTHING IN THIS SUBDIVISION SHALL
SERVE TO CAUSE A REDUCTION IN THE VARIABLE  SUPPLEMENT  PAYMENT  TO  ANY
POLICE  OFFICER  OR  THEIR  BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT
PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION.
  S 2. Section 13-281 of the administrative code of the city of New York
is amended by adding a new subdivision f to read as follows:
  F. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF  THIS
SUBCHAPTER  SHALL  APPLY TO ALL POLICE OFFICERS WHO, PRIOR TO THE EFFEC-
TIVE DATE OF THIS SUBDIVISION, WERE  INELIGIBLE  FOR  THE  BENEFITS  SET
FORTH  IN  THIS  SUBCHAPTER, INCLUDING ALL DISABLED NEW YORK CITY POLICE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04026-01-9

S. 614                              2

OFFICERS, LINE OF DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS
AND ALL OTHER RETIRED NEW YORK CITY POLICE OFFICERS WHO RECEIVE BENEFITS
FROM THE NEW YORK CITY POLICE PENSION FUND.   ALL  SUCH  RETIRED  POLICE
OFFICERS,  WIDOWS AND WIDOWERS AND REGISTERED DOMESTIC PARTNERS SHALL BE
ELIGIBLE AND ARE HEREBY GRANTED ALL RIGHTS AND  BENEFITS  SET  FORTH  IN
THIS  SUBCHAPTER  PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH (I)
OF PARAGRAPH TWO OF SUBDIVISION A OF THIS  SECTION  FROM  THE  EFFECTIVE
DATE  OF  THIS SUBDIVISION.   HOWEVER, NOTHING IN THIS SUBDIVISION SHALL
SERVE TO CAUSE A REDUCTION IN THE VARIABLE  SUPPLEMENT  PAYMENT  TO  ANY
POLICE  OFFICER  OR  THEIR  BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT
PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION.
  S 3. Section 13-385 of the administrative code of the city of New York
is amended by adding a new subdivision i to read as follows:
  I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF  THIS
SUBCHAPTER  SHALL  APPLY TO ALL FIREFIGHTERS WHO, PRIOR TO THE EFFECTIVE
DATE OF THIS SUBDIVISION, WERE INELIGIBLE FOR THE BENEFITS SET FORTH  IN
THIS SUBCHAPTER, INCLUDING ALL DISABLED NEW YORK CITY FIREFIGHTERS, LINE
OF  DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS AND ALL OTHER
RETIRED FIREFIGHTERS WHO RECEIVE BENEFITS FROM THE NEW YORK  CITY  FIRE-
FIGHTERS  PENSION  FUND.    ALL  SUCH FIREFIGHTERS, WIDOWS AND WIDOWERS,
REGISTERED DOMESTIC PARTNERS AND RETIREES  SHALL  BE  ELIGIBLE  AND  ARE
HEREBY  GRANTED  ALL  RIGHTS  AND  BENEFITS SET FORTH IN THIS SUBCHAPTER
PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH (I) OF PARAGRAPH  TEN
OF  SUBDIVISION A OF THIS SECTION FROM THE EFFECTIVE DATE OF THIS SUBDI-
VISION.  HOWEVER, NOTHING IN THIS SUBDIVISION SHALL  SERVE  TO  CAUSE  A
REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY FIREFIGHTER OR THEIR
BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT PRIOR TO THE EFFECTIVE DATE
OF THIS SUBDIVISION.
  S 4. Section 13-395 of the administrative code of the city of New York
is amended by adding a new subdivision f to read as follows:
  F.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SUBCHAPTER SHALL APPLY TO ALL FIREFIGHTERS WHO, PRIOR TO  THE  EFFECTIVE
DATE  OF THIS SUBDIVISION, WERE INELIGIBLE FOR THE BENEFITS SET FORTH IN
THIS SUBCHAPTER, INCLUDING ALL DISABLED NEW YORK CITY FIREFIGHTERS, LINE
OF DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS AND ALL  OTHER
FIREFIGHTERS  WHO  RECEIVE A BENEFIT FROM THE NEW YORK CITY FIREFIGHTERS
PENSION FUND.  ALL SUCH FIREFIGHTERS, WIDOWS  AND  WIDOWERS,  REGISTERED
DOMESTIC  PARTNERS AND RETIREES SHALL BE ELIGIBLE AND ARE HEREBY GRANTED
ALL RIGHTS AND BENEFITS SET FORTH IN THIS  SUBCHAPTER  PURSUANT  TO  THE
SCHEDULE SET FORTH IN SUBPARAGRAPH (I) OF PARAGRAPH TWO OF SUBDIVISION A
OF  THIS  SECTION FROM THE EFFECTIVE DATE OF THIS SUBDIVISION.  HOWEVER,
NOTHING IN THIS SUBDIVISION SHALL SERVE TO  CAUSE  A  REDUCTION  IN  THE
VARIABLE  SUPPLEMENT PAYMENT TO ANY FIREFIGHTER OR THEIR BENEFICIARY WHO
WAS ELIGIBLE FOR THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS  SUBDI-
VISION.
  S 5. Subdivision 4 of section 13-191 of the administrative code of the
city  of  New  York,  as  added  by  chapter 844 of the laws of 1987, is
amended by adding a new paragraph (i) to read as follows:
  (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL TRANSIT POLICE MEMBERS WHO RETIRED AS TRANSIT
POLICE OFFICERS, WHO, PRIOR TO THE EFFECTIVE  DATE  OF  THIS  PARAGRAPH,
WERE  INELIGIBLE  FOR  THE BENEFITS SET FORTH IN THIS SECTION, INCLUDING
ALL DISABLED TRANSIT POLICE MEMBERS, LINE OF DUTY WIDOWS  AND  WIDOWERS,
REGISTERED  DOMESTIC  PARTNERS  AND ALL OTHER TRANSIT POLICE MEMBERS WHO
RETIRED AS TRANSIT POLICE OFFICERS AND WHO RECEIVE BENEFITS FROM THE NEW
YORK CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH TRANSIT POLICE  OFFICER

S. 614                              3

RETIREES,  WIDOWS AND WIDOWERS AND REGISTERED DOMESTIC PARTNERS SHALL BE
ELIGIBLE AND ARE HEREBY GRANTED ALL RIGHTS AND  BENEFITS  SET  FORTH  IN
THIS  SECTION  PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH ONE OF
PARAGRAPH (C) OF THIS SUBDIVISION, FROM THE EFFECTIVE DATE OF THIS PARA-
GRAPH.  HOWEVER,  NOTHING  IN  THIS  PARAGRAPH  SHALL  SERVE  TO CAUSE A
REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY TRANSIT POLICE OFFI-
CER OR THEIR BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT PRIOR  TO  THE
EFFECTIVE DATE OF THIS PARAGRAPH.
  S 6. Subdivision 4 of section 13-191 of the administrative code of the
city  of  New  York,  as  added  by  chapter 846 of the laws of 1987, is
amended by adding a new paragraph (i) to read as follows:
  (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL HOUSING POLICE MEMBERS WHO RETIRED AS HOUSING
POLICE OFFICERS, WHO, PRIOR TO THE EFFECTIVE  DATE  OF  THIS  PARAGRAPH,
WERE  INELIGIBLE  FOR  THE BENEFITS SET FORTH IN THIS SECTION, INCLUDING
ALL DISABLED HOUSING POLICE MEMBERS, LINE OF DUTY WIDOWS  AND  WIDOWERS,
REGISTERED  DOMESTIC  PARTNERS  AND ALL OTHER HOUSING POLICE MEMBERS WHO
RETIRED AS HOUSING POLICE OFFICERS AND WHO RECEIVE BENEFITS FROM THE NEW
YORK CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH HOUSING POLICE  OFFICER
RETIREES,  WIDOWS AND WIDOWERS AND REGISTERED DOMESTIC PARTNERS SHALL BE
ELIGIBLE AND ARE HEREBY GRANTED ALL RIGHTS AND  BENEFITS  SET  FORTH  IN
THIS  SECTION  PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH ONE OF
PARAGRAPH (C) OF THIS SUBDIVISION, FROM THE EFFECTIVE DATE OF THIS PARA-
GRAPH. HOWEVER, NOTHING  IN  THIS  PARAGRAPH  SHALL  SERVE  TO  CAUSE  A
REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY HOUSING POLICE OFFI-
CER  OR  THEIR BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT PRIOR TO THE
EFFECTIVE DATE OF THIS PARAGRAPH.
  S 7. Subdivision 4 of section 13-192 of the administrative code of the
city of New York, as added by chapter  844  of  the  laws  of  1987,  is
amended by adding a new paragraph (h) to read as follows:
  (H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL TRANSIT POLICE MEMBERS WHO RETIRED AS TRANSIT
POLICE SUPERIOR OFFICERS, WHO, PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
GRAPH,  WERE  INELIGIBLE  FOR  THE  BENEFITS  SET FORTH IN THIS SECTION,
INCLUDING ALL DISABLED TRANSIT POLICE MEMBERS, LINE OF DUTY  WIDOWS  AND
WIDOWERS,  REGISTERED  DOMESTIC  PARTNERS  AND  ALL OTHER TRANSIT POLICE
MEMBERS WHO RETIRED AS TRANSIT POLICE SUPERIOR OFFICERS AND WHO  RECEIVE
BENEFITS  FROM  THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH
TRANSIT POLICE SUPERIOR OFFICER RETIREES, WIDOWS AND WIDOWERS AND REGIS-
TERED DOMESTIC PARTNERS SHALL BE ELIGIBLE AND  ARE  HEREBY  GRANTED  ALL
RIGHTS  AND  BENEFITS SET FORTH IN THIS SECTION PURSUANT TO THE SCHEDULE
SET FORTH IN SUBPARAGRAPH ONE OF PARAGRAPH (C) OF THIS SUBDIVISION, FROM
THE EFFECTIVE DATE OF THIS PARAGRAPH. HOWEVER, NOTHING IN THIS PARAGRAPH
SHALL SERVE TO CAUSE A REDUCTION IN THE VARIABLE SUPPLEMENT  PAYMENT  TO
ANY  TRANSIT SUPERIOR POLICE OFFICER OR THEIR BENEFICIARY WHO WAS ELIGI-
BLE FOR THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH.
  S 8. Subdivision 4 of section 13-192 of the administrative code of the
city of New York, as added by chapter  846  of  the  laws  of  1987,  is
amended by adding a new paragraph (h) to read as follows:
  (H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL HOUSING POLICE MEMBERS WHO RETIRED AS HOUSING
POLICE SUPERIOR OFFICERS, WHO, PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
GRAPH,  WERE  INELIGIBLE  FOR  THE  BENEFITS  SET FORTH IN THIS SECTION,
INCLUDING ALL DISABLED HOUSING POLICE MEMBERS, LINE OF DUTY  WIDOWS  AND
WIDOWERS,  REGISTERED  DOMESTIC  PARTNERS  AND  ALL OTHER HOUSING POLICE
MEMBERS WHO RETIRED AS HOUSING POLICE SUPERIOR OFFICERS AND WHO  RECEIVE

S. 614                              4

BENEFITS  FROM  THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH
HOUSING POLICE SUPERIOR OFFICER RETIREES, WIDOWS AND WIDOWERS AND REGIS-
TERED DOMESTIC PARTNERS SHALL BE ELIGIBLE AND  ARE  HEREBY  GRANTED  ALL
RIGHTS  AND  BENEFITS SET FORTH IN THIS SECTION PURSUANT TO THE SCHEDULE
SET FORTH IN SUBPARAGRAPH ONE OF PARAGRAPH (C) OF THIS SUBDIVISION, FROM
THE EFFECTIVE DATE OF THIS PARAGRAPH. HOWEVER, NOTHING IN THIS PARAGRAPH
SHALL SERVE TO CAUSE A REDUCTION IN THE VARIABLE SUPPLEMENT  PAYMENT  TO
ANY  HOUSING POLICE SUPERIOR OFFICER OR THEIR BENEFICIARY WHO WAS ELIGI-
BLE FOR THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH.
  S 9. This act shall take effect immediately.

co-Sponsors

2009-S614A (ACTIVE) - Details

See Assembly Version of this Bill:: A8344
Current Committee:: Senate Civil Service And Pensions
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§13-271, 13-281, 13-385, 13-395, 13-191, 13-192, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4474, A5322
2013-2014: A2589
2015-2016: A3150

2009-S614A (ACTIVE) - Summary

Extends the benefits of the variable supplements fund to all New York city police officers, firefighters, housing police, transit police, correction officers and registered domestic partners.

2009-S614A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S614A

 TITLE OF BILL :
An act to amend the administrative code of the city of New York, in
relation to extending the benefits of the variable supplements fund to
all New York city police officers, firefighters, housing police,
transit police, correction officers and registered domestic partners

 PURPOSE :
To extend the benefits of the variable supplements fund to all New
York city police officers, firefighters, housing police, transit
police, correction officers and their registered domestic partners.

 SUMMARY OF PROVISIONS :
This legislation adds subdivision (f) to §§ 13-271 and 13-281 of the
Administrative Code of the City of New York which would add all police
officers who are ineligible for the variable supplements fund.  This
includes all disabled and vested New York City police officers and
line of duty widows and widowers, and registered domestic partners,
who vested in a retirement system prior to the effective date of this
subdivision. The Administrative Code of the City of New York is
amended by adding a new subdivision (h) to § 13-385 and subdivision
(f) to § 13-395 to add all firefighters who are ineligible for the
variable supplement fund. This includes all disabled and vested New
York City firefighters and line of duty widows and widowers, and
registered domestic partners, who vested in a retirement system prior

to the effective date of this subdivision.  The Administrative Code of
the City of New York is amended by adding a new paragraph (i) to
subdivision 4 of § 13-191 and a new paragraph (h) to subdivision 4 of
§ 13192 to add all transit police officers who are ineligible for the
variable supplement fund. This includes all disabled and vested New
York City transit police officers and line of duty widows and
widowers, and registered domes tic partners, who vested in a
retirement system prior to the effective date of this subdivision. The
Administrative Code of the City of New York is amended by adding a new
paragraph (1) to subdivision 4 of § 13-191 and a new paragraph (h) to
subdivision 4 of § 13-192 to add all housing police officers who are
ineligible for the variable supplement fund. This includes all
disabled and vested New York City housing police officers and line of
duty widows and widowers, and registered domestic partners, who vested
in a retirement system prior to the effective date of this
subdivision.  This legislation adds subdivision (f) to §§ 13-271 and
13-281 of the Administrative Code of the City of New York which would
add all correction officer members who are ineligible for the variable
supplements fund. This includes all disabled and vested New York City
corrections officers and line of duty widows and widowers, and
registered domestic partners, who vested in a retirement system prior
to the effective date of this subdivision.

 JUSTIFICATION :
The current variable supplement fund is only available to those
officers who retire after 20 years of service. Anyone who retired with
a disability pension has been excluded. All retirees should be treated
equally, therefore this bill would provide the variable supplement
benefit to all retired police officers, firefighters, housing police,
transit police and registered domestic partners from the effective
date into the future. Former members of the NYC Housing and Transit
Police that retired for service after June 30, 1987 presently receive
a supplemental benefit from the Variable Supplements Fund (hereinafter
referred to as the "VSF"). The VSF was enacted into law as a result of
a fact-finders award in 1970 and was granted to members of the NYC
Police and Fire pension· funds that retired for service after October
1, 1968. In the mid-1960s members of the Housing and Transit Police
were granted and given pay and retirement benefit parity. However, the
VSF was not bestowed upon similarly situated members of those two
departments until legislation was enacted effective after June 30,
1987, As a matter of equity and fairness, the VSF should be granted to
all members of the Housing and Transit Police that retired for service
subsequent to October 1, 1968.

 LEGISLATIVE HISTORY :
2009: S.614 - Referred to Civil Service/A8344 - Referred to
Governmental Employees
2008: S.5711 - Referred to Civil Service/A11345 - Referred to
Governmental Employees
2007: S.5711 - Referred to Civil Service.
2006: S.3434 - Referred to Civil Service & Pensions/A.6599 - Referred
to Governmental Employees
2005: S.3434 - Referred to Civil Service & Pensions/A.6599 - Referred
to Governmental Employees.
2004: S.2234 - Referred to Civil Services and Pensions/A.1349 -
Referred to Governmental Employees
2003: S.2234 - Referred to Civil Services and Pensions/A.1349 -
Referred to Governmental Employees.
2002: S.7395 - Referred to Rules.

 FISCAL IMPLICATIONS :
Undetermined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S614A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 614--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             January 9, 2009
                               ___________

Introduced  by  Sens.  LANZA, ADDABBO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Civil Service and
  Pensions -- recommitted to the Committee on Civil Service and Pensions
  in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to extending the benefits of the variable supplements fund to
  all New York city police officers, firefighters, housing police, tran-
  sit police, correction officers and registered domestic partners

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  13-271 of the administrative code of the city of
New York is amended by adding a new subdivision f to read as follows:
  F. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF  THIS
SUBCHAPTER  SHALL  APPLY TO ALL POLICE OFFICERS WHO, PRIOR TO THE EFFEC-
TIVE DATE OF THIS SUBDIVISION, WERE  INELIGIBLE  FOR  THE  BENEFITS  SET
FORTH  IN  THIS  SUBCHAPTER, INCLUDING ALL DISABLED NEW YORK CITY POLICE
OFFICERS, LINE OF DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS
AND ALL OTHER NEW YORK CITY POLICE OFFICERS WHO  RECEIVE  BENEFITS  FROM
THE  NEW  YORK  CITY POLICE PENSION FUND.  ALL SUCH POLICE OFFICER RETI-
REES, WIDOWS AND WIDOWERS AND  REGISTERED  DOMESTIC  PARTNERS  SHALL  BE
ELIGIBLE  AND  ARE  HEREBY  GRANTED ALL RIGHTS AND BENEFITS SET FORTH IN
THIS SUBCHAPTER PURSUANT TO THE SCHEDULE SET FORTH IN  SUBPARAGRAPH  (I)
OF  PARAGRAPH  SEVEN OF SUBDIVISION A OF THIS SECTION FROM THE EFFECTIVE
DATE OF THIS SUBDIVISION.  HOWEVER, NOTHING IN  THIS  SUBDIVISION  SHALL
SERVE  TO  CAUSE  A  REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY
POLICE OFFICER OR THEIR BENEFICIARY WHO WAS  ELIGIBLE  FOR  THE  BENEFIT
PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION.
  S 2. Section 13-281 of the administrative code of the city of New York
is amended by adding a new subdivision f to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04026-02-0

S. 614--A                           2

  F.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SUBCHAPTER SHALL APPLY TO ALL POLICE OFFICERS WHO, PRIOR TO  THE  EFFEC-
TIVE  DATE  OF  THIS  SUBDIVISION,  WERE INELIGIBLE FOR THE BENEFITS SET
FORTH IN THIS SUBCHAPTER, INCLUDING ALL DISABLED NEW  YORK  CITY  POLICE
OFFICERS, LINE OF DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS
AND ALL OTHER RETIRED NEW YORK CITY POLICE OFFICERS WHO RECEIVE BENEFITS
FROM  THE  NEW  YORK  CITY POLICE PENSION FUND.  ALL SUCH RETIRED POLICE
OFFICERS, WIDOWS AND WIDOWERS AND REGISTERED DOMESTIC PARTNERS SHALL  BE
ELIGIBLE  AND  ARE  HEREBY  GRANTED ALL RIGHTS AND BENEFITS SET FORTH IN
THIS SUBCHAPTER PURSUANT TO THE SCHEDULE SET FORTH IN  SUBPARAGRAPH  (I)
OF  PARAGRAPH  TWO  OF  SUBDIVISION A OF THIS SECTION FROM THE EFFECTIVE
DATE OF THIS SUBDIVISION.  HOWEVER, NOTHING IN  THIS  SUBDIVISION  SHALL
SERVE  TO  CAUSE  A  REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY
POLICE OFFICER OR THEIR BENEFICIARY WHO WAS  ELIGIBLE  FOR  THE  BENEFIT
PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION.
  S 3. Section 13-385 of the administrative code of the city of New York
is amended by adding a new subdivision i to read as follows:
  I.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SUBCHAPTER SHALL APPLY TO ALL FIREFIGHTERS WHO, PRIOR TO  THE  EFFECTIVE
DATE  OF THIS SUBDIVISION, WERE INELIGIBLE FOR THE BENEFITS SET FORTH IN
THIS SUBCHAPTER, INCLUDING ALL DISABLED NEW YORK CITY FIREFIGHTERS, LINE
OF DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS AND ALL  OTHER
RETIRED  FIREFIGHTERS  WHO RECEIVE BENEFITS FROM THE NEW YORK CITY FIRE-
FIGHTERS PENSION FUND.   ALL SUCH  FIREFIGHTERS,  WIDOWS  AND  WIDOWERS,
REGISTERED  DOMESTIC  PARTNERS  AND  RETIREES  SHALL BE ELIGIBLE AND ARE
HEREBY GRANTED ALL RIGHTS AND BENEFITS  SET  FORTH  IN  THIS  SUBCHAPTER
PURSUANT  TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH (I) OF PARAGRAPH TEN
OF SUBDIVISION A OF THIS SECTION FROM THE EFFECTIVE DATE OF THIS  SUBDI-
VISION.    HOWEVER,  NOTHING  IN THIS SUBDIVISION SHALL SERVE TO CAUSE A
REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY FIREFIGHTER OR THEIR
BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT PRIOR TO THE EFFECTIVE DATE
OF THIS SUBDIVISION.
  S 4. Section 13-395 of the administrative code of the city of New York
is amended by adding a new subdivision f to read as follows:
  F. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF  THIS
SUBCHAPTER  SHALL  APPLY TO ALL FIREFIGHTERS WHO, PRIOR TO THE EFFECTIVE
DATE OF THIS SUBDIVISION, WERE INELIGIBLE FOR THE BENEFITS SET FORTH  IN
THIS SUBCHAPTER, INCLUDING ALL DISABLED NEW YORK CITY FIREFIGHTERS, LINE
OF  DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS AND ALL OTHER
FIREFIGHTERS WHO RECEIVE A BENEFIT FROM THE NEW YORK  CITY  FIREFIGHTERS
PENSION  FUND.    ALL SUCH FIREFIGHTERS, WIDOWS AND WIDOWERS, REGISTERED
DOMESTIC PARTNERS AND RETIREES SHALL BE ELIGIBLE AND ARE HEREBY  GRANTED
ALL  RIGHTS  AND  BENEFITS  SET FORTH IN THIS SUBCHAPTER PURSUANT TO THE
SCHEDULE SET FORTH IN SUBPARAGRAPH (I) OF PARAGRAPH TWO OF SUBDIVISION A
OF THIS SECTION FROM THE EFFECTIVE DATE OF THIS SUBDIVISION.    HOWEVER,
NOTHING  IN  THIS  SUBDIVISION  SHALL  SERVE TO CAUSE A REDUCTION IN THE
VARIABLE SUPPLEMENT PAYMENT TO ANY FIREFIGHTER OR THEIR BENEFICIARY  WHO
WAS  ELIGIBLE FOR THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS SUBDI-
VISION.
  S 5. Subdivision 4 of section 13-191 of the administrative code of the
city of New York, as added by chapter  844  of  the  laws  of  1987,  is
amended by adding a new paragraph (i) to read as follows:
  (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL TRANSIT POLICE MEMBERS WHO RETIRED AS TRANSIT
POLICE  OFFICERS,  WHO,  PRIOR  TO THE EFFECTIVE DATE OF THIS PARAGRAPH,
WERE INELIGIBLE FOR THE BENEFITS SET FORTH IN  THIS  SECTION,  INCLUDING

S. 614--A                           3

ALL  DISABLED  TRANSIT POLICE MEMBERS, LINE OF DUTY WIDOWS AND WIDOWERS,
REGISTERED DOMESTIC PARTNERS AND ALL OTHER TRANSIT  POLICE  MEMBERS  WHO
RETIRED AS TRANSIT POLICE OFFICERS AND WHO RECEIVE BENEFITS FROM THE NEW
YORK  CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH TRANSIT POLICE OFFICER
RETIREES, WIDOWS AND WIDOWERS AND REGISTERED DOMESTIC PARTNERS SHALL  BE
ELIGIBLE  AND  ARE  HEREBY  GRANTED ALL RIGHTS AND BENEFITS SET FORTH IN
THIS SECTION PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH  ONE  OF
PARAGRAPH (C) OF THIS SUBDIVISION, FROM THE EFFECTIVE DATE OF THIS PARA-
GRAPH.  HOWEVER,  NOTHING  IN  THIS  PARAGRAPH  SHALL  SERVE  TO CAUSE A
REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY TRANSIT POLICE OFFI-
CER OR THEIR BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT PRIOR  TO  THE
EFFECTIVE DATE OF THIS PARAGRAPH.
  S 6. Subdivision 4 of section 13-191 of the administrative code of the
city  of  New  York,  as  added  by  chapter 846 of the laws of 1987, is
amended by adding a new paragraph (i) to read as follows:
  (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL HOUSING POLICE MEMBERS WHO RETIRED AS HOUSING
POLICE OFFICERS, WHO, PRIOR TO THE EFFECTIVE  DATE  OF  THIS  PARAGRAPH,
WERE  INELIGIBLE  FOR  THE BENEFITS SET FORTH IN THIS SECTION, INCLUDING
ALL DISABLED HOUSING POLICE MEMBERS, LINE OF DUTY WIDOWS  AND  WIDOWERS,
REGISTERED  DOMESTIC  PARTNERS  AND ALL OTHER HOUSING POLICE MEMBERS WHO
RETIRED AS HOUSING POLICE OFFICERS AND WHO RECEIVE BENEFITS FROM THE NEW
YORK CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH HOUSING POLICE  OFFICER
RETIREES,  WIDOWS AND WIDOWERS AND REGISTERED DOMESTIC PARTNERS SHALL BE
ELIGIBLE AND ARE HEREBY GRANTED ALL RIGHTS AND  BENEFITS  SET  FORTH  IN
THIS  SECTION  PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH ONE OF
PARAGRAPH (C) OF THIS SUBDIVISION, FROM THE EFFECTIVE DATE OF THIS PARA-
GRAPH. HOWEVER, NOTHING  IN  THIS  PARAGRAPH  SHALL  SERVE  TO  CAUSE  A
REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY HOUSING POLICE OFFI-
CER  OR  THEIR BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT PRIOR TO THE
EFFECTIVE DATE OF THIS PARAGRAPH.
  S 7. Subdivision 4 of section 13-192 of the administrative code of the
city of New York, as added by chapter  844  of  the  laws  of  1987,  is
amended by adding a new paragraph (h) to read as follows:
  (H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL TRANSIT POLICE MEMBERS WHO RETIRED AS TRANSIT
POLICE SUPERIOR OFFICERS, WHO, PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
GRAPH,  WERE  INELIGIBLE  FOR  THE  BENEFITS  SET FORTH IN THIS SECTION,
INCLUDING ALL DISABLED TRANSIT POLICE MEMBERS, LINE OF DUTY  WIDOWS  AND
WIDOWERS,  REGISTERED  DOMESTIC  PARTNERS  AND  ALL OTHER TRANSIT POLICE
MEMBERS WHO RETIRED AS TRANSIT POLICE SUPERIOR OFFICERS AND WHO  RECEIVE
BENEFITS  FROM  THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH
TRANSIT POLICE SUPERIOR OFFICER RETIREES, WIDOWS AND WIDOWERS AND REGIS-
TERED DOMESTIC PARTNERS SHALL BE ELIGIBLE AND  ARE  HEREBY  GRANTED  ALL
RIGHTS  AND  BENEFITS SET FORTH IN THIS SECTION PURSUANT TO THE SCHEDULE
SET FORTH IN SUBPARAGRAPH ONE OF PARAGRAPH (C) OF THIS SUBDIVISION, FROM
THE EFFECTIVE DATE OF THIS PARAGRAPH. HOWEVER, NOTHING IN THIS PARAGRAPH
SHALL SERVE TO CAUSE A REDUCTION IN THE VARIABLE SUPPLEMENT  PAYMENT  TO
ANY  TRANSIT SUPERIOR POLICE OFFICER OR THEIR BENEFICIARY WHO WAS ELIGI-
BLE FOR THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH.
  S 8. Subdivision 4 of section 13-192 of the administrative code of the
city of New York, as added by chapter  846  of  the  laws  of  1987,  is
amended by adding a new paragraph (h) to read as follows:
  (H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL HOUSING POLICE MEMBERS WHO RETIRED AS HOUSING
POLICE SUPERIOR OFFICERS, WHO, PRIOR TO THE EFFECTIVE DATE OF THIS PARA-

S. 614--A                           4

GRAPH,  WERE  INELIGIBLE  FOR  THE  BENEFITS  SET FORTH IN THIS SECTION,
INCLUDING ALL DISABLED HOUSING POLICE MEMBERS, LINE OF DUTY  WIDOWS  AND
WIDOWERS,  REGISTERED  DOMESTIC  PARTNERS  AND  ALL OTHER HOUSING POLICE
MEMBERS  WHO RETIRED AS HOUSING POLICE SUPERIOR OFFICERS AND WHO RECEIVE
BENEFITS FROM THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM.  ALL  SUCH
HOUSING POLICE SUPERIOR OFFICER RETIREES, WIDOWS AND WIDOWERS AND REGIS-
TERED  DOMESTIC  PARTNERS  SHALL  BE ELIGIBLE AND ARE HEREBY GRANTED ALL
RIGHTS AND BENEFITS SET FORTH IN THIS SECTION PURSUANT TO  THE  SCHEDULE
SET FORTH IN SUBPARAGRAPH ONE OF PARAGRAPH (C) OF THIS SUBDIVISION, FROM
THE EFFECTIVE DATE OF THIS PARAGRAPH. HOWEVER, NOTHING IN THIS PARAGRAPH
SHALL  SERVE  TO CAUSE A REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO
ANY HOUSING POLICE SUPERIOR OFFICER OR THEIR BENEFICIARY WHO WAS  ELIGI-
BLE FOR THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH.
  S 9. Subdivision 4 of section 13-194 of the administrative code of the
city  of  New  York  is amended by adding a new paragraph (h) to read as
follows:
  (H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CORRECTION OFFICER  MEMBERS  WHO  RETIRED  AS
CORRECTION OFFICERS, WHO, PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH,
WERE  INELIGIBLE  FOR  THE BENEFITS SET FORTH IN THIS SECTION, INCLUDING
ALL DISABLED CORRECTION OFFICER MEMBERS, LINE OF DUTY WIDOWS AND  WIDOW-
ERS,  REGISTERED  DOMESTIC  PARTNERS  AND  ALL  OTHER CORRECTION OFFICER
MEMBERS WHO RETIRED AS CORRECTION OFFICERS AND WHO RECEIVE BENEFITS FROM
THE NEW YORK CITY EMPLOYEES'  RETIREMENT  SYSTEM.  ALL  SUCH  CORRECTION
OFFICER  RETIREES,  WIDOWS AND WIDOWERS AND REGISTERED DOMESTIC PARTNERS
SHALL BE ELIGIBLE AND ARE HEREBY GRANTED ALL  RIGHTS  AND  BENEFITS  SET
FORTH IN THIS SECTION PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH
ONE  OF  PARAGRAPH  (C)  OF THIS SUBDIVISION, FROM THE EFFECTIVE DATE OF
THIS PARAGRAPH. HOWEVER, NOTHING IN THIS PARAGRAPH SHALL SERVE TO  CAUSE
A REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY CORRECTION OFFICER
OR  THEIR  BENEFICIARY  WHO  WAS  ELIGIBLE  FOR THE BENEFIT PRIOR TO THE
EFFECTIVE DATE OF THIS PARAGRAPH.
  S 10. This act shall take effect immediately.

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Senate Bill S614

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Bill Amendments

co-Sponsors

Joseph P. Addabbo Jr.

2009-S614 - Details

2009-S614 - Summary

2009-S614 - Sponsor Memo

2009-S614 - Bill Text download pdf

co-Sponsors

Joseph P. Addabbo Jr.

2009-S614A (ACTIVE) - Details

2009-S614A (ACTIVE) - Summary

2009-S614A (ACTIVE) - Sponsor Memo

2009-S614A (ACTIVE) - Bill Text download pdf

Comments