senate Bill S5191

2011-2012 Legislative Session

Grants Robert V. Vassallo, Sr. disability retirement from the New York state police

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to civil service and pensions
May 03, 2011 referred to civil service and pensions

S5191 - Bill Details

See Assembly Version of this Bill:
A7373
Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement
Versions Introduced in 2009-2010 Legislative Session:
A7478B

S5191 - Bill Texts

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Grants Robert V. Vassallo, Sr. disability retirement from the state police.

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BILL NUMBER:S5191

TITLE OF BILL:
An act
in relation to granting Robert V. Vassallo, Sr. disability retirement
from the New York state police

PURPOSE: To grant Robert V. Vassallo disability
retirement from the
New York state police effective September 13, 1997.

SUMMARY OF PROVISIONS:
This bill would allow Robert V. Vassallo to
collect disability retirement from the New York state police
effective September 13, 1997.

JUSTIFICATION: Robert V. Vassallo Sr. was denied
disability retirement
for critical injuries he suffered in an auto accident occurring while
working undercover in an unmarked car on January 14, 1991. At the
time, Mr. Vassallo was an investigator with the New York State Police
and his injuries were sustained in the line of duty. He has been
classified as being permanently disabled by the New York State Police.

On November 19, 1991, New York State Police Superintendent Thomas A.
Constantine filed applications for Accidental Disability Retirement
and State Police Disability Retirement for Mr. Vassallo with the New
York State and Local Police and Fire Retirement System. Mr. Vassallo
was later informed by the New York State Comptroller's office that
the applications for Accidental Disability and State Police
Disability had both been denied. The comptroller found that Mr.
Vassallo was not permanently incapacitated for the performance of his
duties as an Investigator in both denials. After receiving this
notification, Mr. Vassallo was again examined and was again diagnosed
as being unable to return to full and active duty. Further, Mr.
Vassallo was not allowed to work on light duty because no such
positions existed at the time.

Mr. Vassallo is currently on regular service retirement. For reasons
not ascribable to his own negligence, he has been denied a disability
retirement from the New York State Police.

This legislation would allow Mr. Vassallo to collect disability
retirement from the New York state police retroactively as of
September 13, 1997.

LEGISLATIVE HISTORY:

2009-10: A.7478-B/S.4661-B
2006: A.10619
2005-06: A.5424

FISCAL IMPLICATIONS: If this bill is enacted, there
will be immediate
past service cost of approximately $21,600 which would be borne by
the State of New York as a one-time payment. This estimate, prepared
by the Actuary for the New York State and Local Police and Fire


Retirement System, is based on the assumption that payment will be
made on March 1, 2012.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  5191

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

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

AN ACT in relation  to  granting  Robert  V.  Vassallo,  Sr.  disability
  retirement from the New York state police

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

  Section 1. Notwithstanding any  other  provision  of  law,  Robert  V.
Vassallo, Sr., who was employed as a correction officer with the depart-
ment of correctional services for the state of New York for approximate-
ly  one  year  beginning  in  1968, and who was employed as a correction
officer with the department of correction for the city of New  York  for
approximately one year until September 10, 1970, and who was employed as
a  police  officer with the New York state parkway police for the period
beginning September 10, 1970 and ending January 1,  1980,  and  who  was
employed  as  a  trooper  with  the New York state police for the period
beginning January 1, 1980 and ending March 1, 1990, and who was employed
as an investigator in the bureau of criminal investigation with the  New
York  state  police  for  the  period beginning March 1, 1990 and ending
September 13, 1997, and who, on January 14, 1991, was critically injured
in an automobile accident while working undercover in an unmarked police
car, and, as a result of such  critical  injuries  has  been  unable  to
return  to work with the New York state police, and who, for reasons not
ascribable to his own negligence, has been denied a  disability  retire-
ment  from  the New York state police, and who, as of the effective date
of this act, is on regular service retirement, shall be  entitled  to  a
disability retirement from the New York state police effective September
13,  1997,  the  date  on  which his regular service retirement benefits
began, if on or before December 31, 2011, he  files  a  written  request
with the state comptroller to that effect.
  S 2. All costs associated with the implementation of this act shall be
borne by  the state.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08189-02-1

S. 5191                             2

  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  will  entitle Robert V. Vassallo, a retired New York State
Police Officer, to receive a disability benefit from the New York  State
and  Local  Police  and  Fire  Retirement System effective September 13,
1997.
  If this bill is enacted, there will be an immediate past service  cost
of  approximately  $21,600 which would be borne by the State of New York
as a one time payment. This estimate is based  on  the  assumption  that
payment will be made on March 1, 2012.
  This  estimate, dated April 20, 2011, and intended for use only during
the 2011 Legislative Session, is Fiscal Note No. 2011-169,  prepared  by
the  Actuary for the New York State and Local Police and Fire Retirement
System.

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