Assembly Bill A5744

Signed By Governor
2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

2011-A5744 - Details

Law Section:
New York City Administrative Code
Laws Affected:
Add §§13-256.1 & 13-361.1, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
A10154

2011-A5744 - Summary

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.

2011-A5744 - Bill Text download pdf 

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

                                  5744

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2011
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

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:

  Section 1. The administrative code of the city of New York is  amended
by adding a new section 13-256.1 to read as follows:
  S 13-256.1 DISCHARGE OR DISMISSAL. NOTWITHSTANDING ANY OTHER PROVISION
OF  LAW,  WHEN A MEMBER HAS ATTAINED AT LEAST TWENTY YEARS OF CREDITABLE
POLICE SERVICE IN THE RETIREMENT SYSTEM, THE DISCHARGE OR DISMISSAL FROM
EMPLOYMENT OF SUCH PERSON SHALL NOT PRECLUDE SUCH PERSON FROM  RECEIVING
ANY RIGHTS OR BENEFITS TO WHICH HE OR SHE SHALL OTHERWISE BE ENTITLED AS
A  MEMBER OR RETIRED MEMBER OF THE RETIREMENT SYSTEM NOR UPON RETIREMENT
SHALL HIS OR HER BENEFITS BE IN ANY WAY DIMINISHED AS A RESULT  OF  SUCH
DISCHARGE OR DISMISSAL.
  S  2.  The  administrative  code of the city of New York is amended by
adding a new section 13-361.1 to read as follows:
  S 13-361.1 DISCHARGE OR DISMISSAL. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, WHEN A MEMBER HAS ATTAINED AT LEAST TWENTY YEARS  OF  CREDITABLE
FIRE  UNIFORMED FORCE SERVICE IN THE RETIREMENT SYSTEM, THE DISCHARGE OR
DISMISSAL FROM EMPLOYMENT OF SUCH PERSON SHALL NOT PRECLUDE SUCH  PERSON
FROM RECEIVING ANY RIGHTS OR BENEFITS TO WHICH HE OR SHE SHALL OTHERWISE
BE  ENTITLED  AS A MEMBER OR RETIRED MEMBER OF THE RETIREMENT SYSTEM NOR
UPON RETIREMENT SHALL HIS OR HER BENEFITS BE IN ANY WAY DIMINISHED AS  A
RESULT OF SUCH DISCHARGE OR DISMISSAL.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09543-01-1

co-Sponsors

2011-A5744A (ACTIVE) - Details

Law Section:
New York City Administrative Code
Laws Affected:
Add §§13-256.1 & 13-361.1, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
A10154

2011-A5744A (ACTIVE) - Summary

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.

2011-A5744A (ACTIVE) - Bill Text download pdf 

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

                                 5744--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2011
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on  Governmental  Employees  --  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:

  Section  1. The administrative code of the city of New York is amended
by adding a new section 13-256.1 to read as follows:
  S 13-256.1  DISCHARGE  OR  DISMISSAL.  A.  NOTWITHSTANDING  ANY  OTHER
PROVISION  OF  LAW,  WHEN A MEMBER HAS ATTAINED AT LEAST TWENTY YEARS OF
CREDITABLE POLICE SERVICE IN THE RETIREMENT  SYSTEM,  THE  DISCHARGE  OR
DISMISSAL  FROM EMPLOYMENT OF SUCH PERSON SHALL NOT PRECLUDE SUCH PERSON
FROM RECEIVING ANY RIGHTS OR BENEFITS TO WHICH HE OR SHE SHALL OTHERWISE
BE ENTITLED AS A MEMBER OR RETIRED MEMBER OF THE RETIREMENT  SYSTEM  NOR
UPON  RETIREMENT SHALL HIS OR HER BENEFITS BE IN ANY WAY DIMINISHED AS A
RESULT OF SUCH DISCHARGE OR DISMISSAL.  SUCH MEMBER SHALL BE  DEEMED  TO
BE RETIRED ON THE DATE OF HIS OR HER DISCHARGE OR DISMISSAL FROM SERVICE
FOR  PURPOSES  OF DETERMINING HIS OR HER RIGHTS AND BENEFITS AS A MEMBER
OF THE RETIREMENT SYSTEM.
  B. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SUBDIVISION A  OF  THIS
SECTION,  A MEMBER, OTHER THAN A MEMBER TO WHICH ARTICLE FOURTEEN OF THE
RETIREMENT AND SOCIAL SECURITY LAW IS APPLICABLE, THAT HAS  ATTAINED  AT
LEAST  TWENTY YEARS OF CREDITABLE SERVICE IN THE RETIREMENT SYSTEM SHALL
FORFEIT THE RETIREMENT BENEFITS TO WHICH THE MEMBER WOULD  OTHERWISE  BE
ENTITLED  IF  THE MEMBER IS CONVICTED UNDER THE LAWS OF THE STATE OF NEW
YORK OF A FELONY, OR UNDER THE LAWS OF ANOTHER STATE OR  OF  THE  UNITED
STATES  OF  AN  OFFENSE OR CRIME WHICH, IF COMMITTED IN THE STATE OF NEW
YORK, WOULD BE A FELONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09543-02-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.