The New York State Senate

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

                                  5909

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 26, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT establishing a temporary task force on variable supplements fund

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

  Section  1.  Legislative  intent.  The variable supplements fund (VSF)
program was enacted in 1970 to provide supplementation to the retirement
allowance of New York city police and fire  retirement  system  members.
Since  the  enactment  of  the legislation establishing the VSF program,
much controversy has been generated by the exclusion of disability reti-
rees from eligibility for the benefit. Although a small  number  of  New
York city disability retirees were permitted to receive VSF supplementa-
tion  benefits  as a result of technical correction legislation approved
during previous years, the lack of clarity in defining  VSF  eligibility
and  the  continued exclusion of most disabled firefighters from receipt
of this benefit has been a cause of much frustration and  confusion  for
disability pensioners.
  While  it  is  recognized  that  any amendment to the VSF will require
careful study and consideration of the  issues  involved,  the  legisla-
ture's  interest  in  ensuring  fairness  and equity demand such review.
Because the legislature does not accept this responsibility lightly,  it
hereby  declares that the establishment of a temporary task force, to be
known as the temporary task force on the variable supplements  fund,  is
both warranted and required.
  S  2.  1.  A  temporary  task force, to be known as the temporary task
force on the variable supplements fund, is hereby created to examine and
investigate such issues as are related to the  exclusion  of  disability
pensioners from the VSF.
  2. The temporary task force shall have the power to:
  (a)  conduct  public hearings in furtherance of the performance of its
duties under this act;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10912-01-3

S. 5909                             2

  (b) issue subpoenas for and to compel attendance of witnesses and  the
production of books, records, documents and other relevant evidence; and
  (c)  to  recommend  legislation  consistent  with the purposes of this
section.
  3. The task force shall consist of  seven  members  appointed  by  the
governor as follows:
  (a) one member appointed on the recommendation of the temporary presi-
dent of the senate;
  (b)  one  member appointed on the recommendation of the speaker of the
assembly;
  (c) one member appointed on the recommendation of the minority  leader
of the senate;
  (d)  one member appointed on the recommendation of the minority leader
of the assembly;
  (e) one member appointed on the recommendation of  the  mayor  of  the
city of New York;
  (f)  one  member  appointed  on  the recommendation of the state comp-
troller; and
  (g) one member who shall represent the interest of the affected  disa-
bility retirees and who shall be designated by the chair.
  From among such seven members, the governor shall designate the chair.
In  addition  to such six voting members, the president of the uniformed
firefighters association of greater New York or his or her designee  and
the  comptroller  of  the  city of New York or his or her designee shall
serve as non-voting members. Four voting members of the  temporary  task
force shall, at all times, constitute a quorum. Members shall receive no
compensation  for their services; members (including non-voting members)
who are not governmental employees shall be reimbursed for their reason-
able expenses incurred during the performance of their duties.  Notwith-
standing any inconsistent provision of any  general,  special  or  local
law, no officer or employee of the state or of any political subdivision
thereof  shall  forfeit  his  or  her  office or employment by reason of
acceptance of appointment to the temporary task force.
  4. Within one year of this act becoming law, the temporary task  force
shall  issue  a  report  containing  such  findings  and recommendations
regarding the eligibility of disability pensioners of New York  city  to
receive  supplemental payments from the VSF and any other matters relat-
ing thereto. Such report shall be transmitted to the governor, the comp-
troller, the chair of the Senate civil service  and  pensions  committee
and the chair of the assembly governmental employees committee.
  S 3. This act shall take effect immediately.