Assembly Bill A7128B

Vetoed By Governor
2013-2014 Legislative Session

Relates to accidental disability retirement for uniformed court officers and peace officers employed in the unified court system

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Archive: Last Bill Status Via S6757 - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

2013-A7128 - Details

See Senate Version of this Bill:
S6757
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §605-a, R & SS L
Versions Introduced in 2015-2016 Legislative Session:
A5290, S3947

2013-A7128 - Summary

Provides that uniformed court officers and peace officers employed in the unified court system shall be entitled to accidental disability retirement if they sustain injuries as the result of a physical assault by an assailant suffered while in service.

2013-A7128 - Bill Text download pdf

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

                                  7128

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2013
                               ___________

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

AN  ACT  to amend the retirement and social security law, in relation to
  accidental disability retirement  for  uniformed  court  officers  and
  peace officers employed in the unified court system

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

  Section 1. Subdivision a of section 605-a of the retirement and social
security law, as amended by chapter 489 of the laws of 2008, is  amended
to read as follows:
  a.  A member employed as a uniformed court officer or peace officer in
the unified court system shall be entitled to an  accidental  disability
retirement allowance if, at the time application therefor is filed, such
member is:
  1. Physically or mentally incapacitated for performance of duty as the
natural and proximate result of an accident, not caused by his own will-
ful negligence, sustained in such service and while actually a member of
the retirement system; and
  2.  Actually  in  service  upon  which his or her membership is based.
However, in a case where a member is discontinued  from  service  subse-
quent to the accident, either voluntarily or involuntarily, and provided
that the member meets the requirements of paragraph one of this subdivi-
sion,  application  may  be made either (a) by a vested member incapaci-
tated as the result of a qualifying  World  Trade  Center  condition  as
defined  in  section  two  of this chapter at any time, or (b) not later
than two years after the member is first discontinued from service.
  FOR PURPOSES OF THIS SUBDIVISION, A  MEMBER  WHO  IS  INJURED  AS  THE
RESULT  OF A PHYSICAL ASSAULT BY AN ASSAILANT, SUFFERED WHILE IN SERVICE
SHALL BE ENTITLED TO ACCIDENTAL DISABILITY RETIREMENT UNLESS THE CONTRA-
RY CAN BE PROVEN BY COMPETENT EVIDENCE UNDER THIS SECTION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08229-03-3
              

co-Sponsors

2013-A7128A - Details

See Senate Version of this Bill:
S6757
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §605-a, R & SS L
Versions Introduced in 2015-2016 Legislative Session:
A5290, S3947

2013-A7128A - Summary

Provides that uniformed court officers and peace officers employed in the unified court system shall be entitled to accidental disability retirement if they sustain injuries as the result of a physical assault by an assailant suffered while in service.

2013-A7128A - Bill Text download pdf

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

                                 7128--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2013
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on  Governmental  Employees -- recommitted to the Committee on Govern-
  mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to amend the retirement and social security law, in relation to
  accidental disability retirement  for  uniformed  court  officers  and
  peace officers employed in the unified court system

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

  Section 1. Subdivision a of section 605-a of the retirement and social
security law, as amended by chapter 489 of the laws of 2008, is  amended
to read as follows:
  a.  A member employed as a uniformed court officer or peace officer in
the unified court system shall be entitled to an  accidental  disability
retirement allowance if, at the time application therefor is filed, such
member is:
  1. Physically or mentally incapacitated for performance of duty as the
natural and proximate result of an accident, not caused by his own will-
ful negligence, sustained in such service and while actually a member of
the retirement system; and
  2.  Actually  in  service  upon  which his or her membership is based.
However, in a case where a member is discontinued  from  service  subse-
quent to the accident, either voluntarily or involuntarily, and provided
that the member meets the requirements of paragraph one of this subdivi-
sion,  application  may  be made either (a) by a vested member incapaci-
tated as the result of a qualifying  World  Trade  Center  condition  as
defined  in  section  two  of this chapter at any time, or (b) not later
than two years after the member is first discontinued from service.
  FOR PURPOSES OF THIS SUBDIVISION, A  MEMBER  WHO  IS  INJURED  AS  THE
RESULT  OF A PHYSICAL ASSAULT BY AN ASSAILANT, SUFFERED WHILE IN SERVICE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08229-05-4
              

co-Sponsors

2013-A7128B (ACTIVE) - Details

See Senate Version of this Bill:
S6757
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §605-a, R & SS L
Versions Introduced in 2015-2016 Legislative Session:
A5290, S3947

2013-A7128B (ACTIVE) - Summary

Provides that uniformed court officers and peace officers employed in the unified court system shall be entitled to accidental disability retirement if they sustain injuries as the result of a physical assault by an assailant suffered while in service.

2013-A7128B (ACTIVE) - Bill Text download pdf

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

                                 7128--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2013
                               ___________

Introduced  by  M.  of  A.  ABBATE,  AUBRY,  McDONOUGH  -- read once and
  referred to the Committee on Governmental Employees -- recommitted  to
  the  Committee  on  Governmental Employees in accordance with Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred  to  the Committee on Ways and Means -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to amend the retirement and social security law, in relation to
  accidental disability retirement  for  uniformed  court  officers  and
  peace officers employed in the unified court system

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

  Section 1. Subdivision a of section 605-a of the retirement and social
security law, as amended by chapter 489 of the laws of 2008, is  amended
to read as follows:
  a.  A member employed as a uniformed court officer or peace officer in
the unified court system shall be entitled to an  accidental  disability
retirement allowance if, at the time application therefor is filed, such
member is:
  1. Physically or mentally incapacitated for performance of duty as the
natural and proximate result of an accident, not caused by his own will-
ful negligence, sustained in such service and while actually a member of
the retirement system; and
  2.  Actually  in  service  upon  which his or her membership is based.
However, in a case where a member is discontinued  from  service  subse-
quent to the accident, either voluntarily or involuntarily, and provided
that the member meets the requirements of paragraph one of this subdivi-
sion,  application  may  be made either (a) by a vested member incapaci-
tated as the result of a qualifying  World  Trade  Center  condition  as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08229-07-4

              

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