Assembly Bill A9199

Vetoed By Governor
2015-2016 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - 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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2015-A9199 (ACTIVE) - Details

See Senate Version of this Bill:
S6764
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §605-a, R & SS L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3503, A9909, S3671, S7705
2019-2020: A4432, S3675
2021-2022: A6365
2023-2024: A4008

2015-A9199 (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.

2015-A9199 (ACTIVE) - Bill Text download pdf

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

                                  9199

                          I N  A S S E M B L Y

                            February 3, 2016
                               ___________

Introduced  by  M.  of A. ABBATE, GOLDFEDER -- 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  OR  HER
own  willful  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. Notwithstanding any other provision of law to the contrary, none
of the provisions of this act shall be subject  to  section  25  of  the
retirement and social security law.
  S 3. This act shall take effect immediately.

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

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