S T A T E O F N E W Y O R K
________________________________________________________________________
6378
2017-2018 Regular Sessions
I N S E N A T E
May 11, 2017
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Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the retirement and social security law, in relation to
disability benefits for certain members of the New York city police
pension fund, the New York city fire department pension fund and the
New York city employees' retirement system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 506 of the retirement and social security law is
amended by adding five new subdivisions e, f, g, h and i to read as
follows:
E. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS A AND B OF THIS
SECTION, THE ORDINARY DISABILITY BENEFIT FOR A POLICE/FIRE MEMBER WHO
JOINED THE NEW YORK CITY POLICE PENSION FUND OR THE NEW YORK CITY FIRE
DEPARTMENT PENSION FUND ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVI-
SION, OR A POLICE/FIRE MEMBER WHO HAS ELECTED TO RECEIVE SUCH BENEFIT
PURSUANT TO SUBDIVISION G OF THIS SECTION, SHALL BE:
1. EXCEPT AS PROVIDED IN PARAGRAPH THREE OF THIS SUBDIVISION, A
PENSION EQUAL TO (I) THE GREATER OF (A) TWO PERCENT OF FINAL AVERAGE
SALARY OR SIXTH-YEAR SALARY, WHICHEVER IS GREATER, TIMES YEARS OF CRED-
ITED SERVICE NOT IN EXCESS OF THE MAXIMUM YEARS OF SERVICE FOR COMPUTING
SERVICE RETIREMENT, OR (B) THIRTY-THREE AND ONE-THIRD PERCENT OF FINAL
AVERAGE SALARY OR SIXTH-YEAR SALARY, WHICHEVER IS GREATER, (II) LESS ONE
HUNDRED PERCENT OF ANY WORKERS' COMPENSATION BENEFITS PAYABLE;
2. A COST-OF-LIVING ADJUSTMENT FOR SUCH PENSION, WHICH SHALL BE
COMPUTED IN THE SAME MANNER AS PROVIDED FOR BY SECTION 13-696 OF THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK; AND
3. IF THE ORDINARY DISABILITY BENEFIT AS CALCULATED PURSUANT TO PARA-
GRAPHS ONE AND TWO OF THIS SUBDIVISION IS LESS THAN THE ORDINARY DISA-
BILITY BENEFIT AS CALCULATED PURSUANT TO SUBDIVISION B OF THIS SECTION
FOR ANY YEAR THAT SUCH POLICE/FIRE MEMBER IS ELIGIBLE FOR SUCH BENEFIT,
THEN THE ORDINARY DISABILITY BENEFIT CALCULATED PURSUANT TO SUBDIVISION
B OF THIS SECTION SHALL BE PAYABLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05949-01-7
S. 6378 2
F. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS A AND B OF THIS
SECTION, THE ORDINARY DISABILITY BENEFIT FOR A NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER WHO JOINED THE NEW YORK CITY
EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER THE EFFECTIVE DATE OF THIS
SUBDIVISION, OR A NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED
PLAN MEMBER WHO HAS ELECTED TO RECEIVE SUCH BENEFIT PURSUANT TO SUBDIVI-
SION H OF THIS SECTION, SHALL BE:
1. EXCEPT AS PROVIDED IN PARAGRAPH THREE OF THIS SUBDIVISION, A
PENSION EQUAL TO (I) THE GREATER OF (A) TWO PERCENT OF FINAL AVERAGE
SALARY OR SIXTH-YEAR SALARY, WHICHEVER IS GREATER, TIMES YEARS OF CRED-
ITED SERVICE NOT IN EXCESS OF THE MAXIMUM YEARS OF SERVICE FOR COMPUTING
SERVICE RETIREMENT, OR (B) THIRTY-THREE AND ONE-THIRD PERCENT OF FINAL
AVERAGE SALARY OR SIXTH-YEAR SALARY, WHICHEVER IS GREATER, (II) LESS ONE
HUNDRED PERCENT OF ANY WORKERS' COMPENSATION BENEFITS PAYABLE;
2. A COST-OF-LIVING ADJUSTMENT FOR SUCH PENSION, WHICH SHALL BE
COMPUTED IN THE SAME MANNER AS PROVIDED FOR BY SECTION 13-696 OF THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK; AND
3. IF THE ORDINARY DISABILITY BENEFIT AS CALCULATED PURSUANT TO PARA-
GRAPHS ONE AND TWO OF THIS SUBDIVISION IS LESS THAN THE ORDINARY DISA-
BILITY BENEFIT AS CALCULATED PURSUANT TO SUBDIVISION B OF THIS SECTION
FOR ANY YEAR THAT SUCH NEW YORK CITY UNIFORMED CORRECTION/SANITATION
REVISED PLAN MEMBER IS ELIGIBLE FOR SUCH BENEFIT, THEN THE ORDINARY
DISABILITY BENEFIT CALCULATED PURSUANT TO SUBDIVISION B OF THIS SECTION
SHALL BE PAYABLE.
G. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS A AND B OF THIS
SECTION, A POLICE/FIRE MEMBER WHO JOINED THE NEW YORK CITY POLICE
PENSION FUND OR THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND BEFORE
THE EFFECTIVE DATE OF THIS SUBDIVISION AND IS ELIGIBLE FOR THE ORDINARY
DISABILITY BENEFIT DESCRIBED IN SUBDIVISION B OF THIS SECTION MAY AT THE
TIME OF RETIREMENT MAKE AN ELECTION TO RECEIVE THE ORDINARY DISABILITY
BENEFIT DESCRIBED IN SUBDIVISION E OF THIS SECTION. SUCH ELECTION SHALL
BE DULY EXECUTED AND FILED WITH THE ADMINISTRATIVE HEAD OF THE PENSION
FUND TO WHICH THE MEMBER BELONGS AND SHALL BE IRREVOCABLE. IF NO SUCH
ELECTION IS MADE, SUCH MEMBER SHALL RECEIVE THE ORDINARY DISABILITY
BENEFIT DESCRIBED IN SUBDIVISION B OF THIS SECTION.
H. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS A AND B OF THIS
SECTION, A NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN
MEMBER WHO JOINED THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM BEFORE
THE EFFECTIVE DATE OF THIS SUBDIVISION AND IS ELIGIBLE FOR THE ORDINARY
DISABILITY BENEFIT DESCRIBED IN SUBDIVISION B OF THIS SECTION MAY AT THE
TIME OF RETIREMENT MAKE AN ELECTION TO RECEIVE THE ORDINARY DISABILITY
BENEFIT DESCRIBED IN SUBDIVISION F OF THIS SECTION. SUCH ELECTION SHALL
BE DULY EXECUTED AND FILED WITH THE ADMINISTRATIVE HEAD OF THE NEW YORK
CITY EMPLOYEES' RETIREMENT SYSTEM AND SHALL BE IRREVOCABLE. IF NO SUCH
ELECTION IS MADE, SUCH MEMBER SHALL RECEIVE THE ORDINARY DISABILITY
BENEFIT DESCRIBED IN SUBDIVISION B OF THIS SECTION.
I. FOR THE PURPOSES OF THIS SECTION, "SIXTH-YEAR SALARY" SHALL MEAN
THE SUM OF THE STANDARD RATE PAYABLE TO A POLICE OFFICER, FIREFIGHTER,
CORRECTION OFFICER OR SANITATION WORKER UPON SIX YEARS OF EMPLOYMENT AS
A POLICE OFFICER, FIREFIGHTER, CORRECTION OFFICER OR SANITATION WORKER,
EXCLUDING ANY LONGEVITY ADJUSTMENTS, AND THE AVERAGE OVERTIME COMPEN-
SATION PAID OR PAYABLE TO SUCH POLICE OFFICER, FIREFIGHTER, CORRECTION
OFFICER OR SANITATION WORKER. FOR THE PURPOSES OF THIS SUBDIVISION,
"OVERTIME COMPENSATION" SHALL HAVE THE SAME MEANING AS SUCH TERM IS
DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION FIVE HUNDRED ONE OF THIS
ARTICLE. IF SUCH POLICE OFFICER, FIREFIGHTER, CORRECTION OFFICER OR
S. 6378 3
SANITATION WORKER HAS BEEN A MEMBER OF THE NEW YORK CITY POLICE PENSION
FUND, THE NEW YORK CITY FIRE DEPARTMENT FUND OR THE NEW YORK CITY
EMPLOYEES' RETIREMENT SYSTEM FOR LESS THAN SIX YEARS UPON THE DATE OF
HIS OR HER RETIREMENT, THE AVERAGE OVERTIME COMPENSATION SHALL BE CALCU-
LATED AS FOLLOWS:
1. IF THE PERIOD OF EMPLOYMENT PRIOR TO THE DATE OF RETIREMENT IS LESS
THAN ONE YEAR, THE PROJECTED FIRST YEAR OVERTIME COMPENSATION SHALL BE
BASED UPON A TWELVE MONTH PROJECTION OF THE OVERTIME COMPENSATION PAID
IN THE PORTION OF THE YEAR WORKED. THE AVERAGE OVERTIME COMPENSATION
SHALL BE THE PROJECTED FIRST YEAR OVERTIME COMPENSATION.
2. IF THE PERIOD OF EMPLOYMENT PRIOR TO THE DATE OF RETIREMENT IS MORE
THAN ONE YEAR BUT LESS THAN TWO YEARS, THE PROJECTED SECOND YEAR OVER-
TIME COMPENSATION SHALL BE BASED UPON A TWELVE MONTH PROJECTION OF THE
OVERTIME COMPENSATION PAID IN THE PORTION OF THE SECOND YEAR WORKED.
THE AVERAGE OVERTIME COMPENSATION SHALL BE ONE-SIXTH THE SUM OF (I) THE
PROJECTED SECOND YEAR OVERTIME COMPENSATION MULTIPLIED BY FIVE AND (II)
THE ACTUAL OVERTIME COMPENSATION PAID IN THE FIRST YEAR OF EMPLOYMENT.
3. IF THE PERIOD OF EMPLOYMENT PRIOR TO THE DATE OF RETIREMENT IS MORE
THAN TWO YEARS BUT LESS THAN THREE YEARS, THE PROJECTED THIRD YEAR OVER-
TIME COMPENSATION SHALL BE BASED UPON A TWELVE MONTH PROJECTION OF THE
OVERTIME COMPENSATION PAID IN THE PORTION OF THE THIRD YEAR WORKED. THE
AVERAGE OVERTIME COMPENSATION SHALL BE ONE-SIXTH THE SUM OF (I) THE
PROJECTED THIRD YEAR OVERTIME COMPENSATION MULTIPLIED BY FOUR AND (II)
THE ACTUAL OVERTIME COMPENSATION PAID IN THE FIRST TWO YEARS OF EMPLOY-
MENT.
4. IF THE PERIOD OF EMPLOYMENT PRIOR TO THE DATE OF RETIREMENT IS MORE
THAN THREE YEARS BUT LESS THAN FOUR YEARS, THE PROJECTED FOURTH YEAR
OVERTIME COMPENSATION SHALL BE BASED UPON A TWELVE MONTH PROJECTION OF
THE OVERTIME COMPENSATION PAID IN THE PORTION OF THE FOURTH YEAR WORKED.
THE AVERAGE OVERTIME COMPENSATION SHALL BE ONE-SIXTH THE SUM OF (I) THE
PROJECTED FOURTH YEAR OVERTIME COMPENSATION MULTIPLIED BY THREE AND (II)
THE ACTUAL OVERTIME COMPENSATION PAID IN THE FIRST THREE YEARS OF
EMPLOYMENT.
5. IF THE PERIOD OF EMPLOYMENT PRIOR TO THE DATE OF RETIREMENT IS MORE
THAN FOUR YEARS BUT LESS THAN FIVE YEARS, THE PROJECTED FIFTH YEAR OVER-
TIME COMPENSATION SHALL BE BASED UPON A TWELVE MONTH PROJECTION OF THE
OVERTIME COMPENSATION PAID IN THE PORTION OF THE FIFTH YEAR WORKED. THE
AVERAGE OVERTIME COMPENSATION SHALL BE ONE-SIXTH THE SUM OF (I) THE
PROJECTED FIFTH YEAR OVERTIME COMPENSATION MULTIPLIED BY TWO AND (II)
THE ACTUAL OVERTIME COMPENSATION PAID IN THE FIRST FOUR YEARS OF EMPLOY-
MENT.
6. IF THE PERIOD OF EMPLOYMENT PRIOR TO THE DATE OF RETIREMENT IS MORE
THAN FIVE YEARS BUT LESS TAN SIX YEARS, THE PROJECTED SIXTH YEAR OVER-
TIME COMPENSATION SHALL BE BASED UPON A TWELVE MONTH PROJECTION OF THE
OVERTIME COMPENSATION PAID IN THE PORTION OF THE SIXTH YEAR WORKER. THE
AVERAGE OVERTIME COMPENSATION SHALL BE ONE-SIXTH THE SUM OF (I) THE
PROJECTED SIXTH YEAR OVERTIME COMPENSATION AND (II) THE ACTUAL OVERTIME
COMPENSATION PAID IN THE FIRST FIVE YEARS OF EMPLOYMENT.
§ 2. Section 507 of the retirement and social security law is amended
by adding six new subdivisions c-1, c-2, c-3, c-4, c-5 and c-6 to read
as follows:
C-1. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS A AND C OF THIS
SECTION, THE ACCIDENTAL DISABILITY BENEFIT FOR A POLICE/FIRE MEMBER WHO
JOINED THE NEW YORK CITY POLICE PENSION FUND OR THE NEW YORK CITY FIRE
DEPARTMENT PENSION FUND ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVI-
S. 6378 4
SION, OR A POLICE/FIRE MEMBER WHO HAS ELECTED TO RECEIVE SUCH BENEFIT
PURSUANT TO SUBDIVISION C-3 OF THIS SECTION, SHALL BE:
1. EXCEPT AS PROVIDED IN PARAGRAPH THREE OF THIS SUBDIVISION, A
PENSION EQUAL TO (I) THE GREATER OF (A) FIFTY PERCENT OF FINAL AVERAGE
SALARY, (B) FIFTY PERCENT OF SIXTH-YEAR SALARY, OR (C) FOR MEMBERS WHO
MEET THE REQUIREMENTS SET FORTH IN SUBDIVISION C-6 OF THIS SECTION, THE
GREATER OF SEVENTY-FIVE PERCENT OF FINAL AVERAGE SALARY OR SEVENTY-FIVE
PERCENT OF SIXTH-YEAR SALARY, (II) LESS ONE HUNDRED PERCENT OF ANY WORK-
ERS' COMPENSATION BENEFITS PAYABLE; AND
2. A COST-OF-LIVING ADJUSTMENT FOR SUCH PENSION, WHICH SHALL BE
COMPUTED IN THE SAME MANNER AS PROVIDED FOR BY SECTION 13-696 OF THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
IF THE ACCIDENTAL DISABILITY BENEFIT AS CALCULATED PURSUANT TO PARA-
GRAPHS ONE AND TWO OF THIS SUBDIVISION IS LESS THAN THE ACCIDENTAL DISA-
BILITY BENEFIT AS CALCULATED PURSUANT TO SUBDIVISION C OF THIS SECTION
FOR ANY YEAR THAT SUCH POLICE/FIRE MEMBER IS ELIGIBLE FOR SUCH BENEFIT,
THEN THE ACCIDENTAL DISABILITY BENEFIT CALCULATED PURSUANT TO SUBDIVI-
SION C OF THIS SECTION SHALL BE PAYABLE.
C-2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS A AND C OF THIS
SECTION, THE ACCIDENTAL DISABILITY BENEFIT FOR A NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER WHO JOINED THE NEW YORK CITY
EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER THE EFFECTIVE DATE OF THIS
SUBDIVISION, OR A NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED
PLAN MEMBER WHO HAS ELECTED TO RECEIVE SUCH BENEFIT PURSUANT TO SUBDIVI-
SION C-4 OF THIS SECTION, SHALL BE:
1. EXCEPT AS PROVIDED IN PARAGRAPH THREE OF THIS SUBDIVISION, A
PENSION EQUAL TO (I) THE GREATER OF (A) FIFTY PERCENT OF FINAL AVERAGE
SALARY, (B) FIFTY PERCENT OF SIXTH-YEAR SALARY, OR (C) FOR MEMBERS WHO
MEET THE REQUIREMENTS SET FORTH IN SUBDIVISION C-6 OF THIS SECTION, THE
GREATER OF SEVENTY-FIVE PERCENT OF FINAL AVERAGE SALARY OR SEVENTY-FIVE
PERCENT OF SIXTH-YEAR SALARY, (II) LESS ONE HUNDRED PERCENT OF ANY WORK-
ERS' COMPENSATION BENEFITS PAYABLE; AND
2. A COST-OF-LIVING ADJUSTMENT FOR SUCH PENSION, WHICH SHALL BE
COMPUTED IN THE SAME MANNER PROVIDED FOR BY SECTION 13-696 OF THE ADMIN-
ISTRATIVE CODE OF THE CITY OF NEW YORK.
IF THE ACCIDENTAL DISABILITY BENEFIT AS CALCULATED PURSUANT TO PARA-
GRAPHS ONE AND TWO OF THIS SUBDIVISION IS LESS THAN THE ACCIDENTAL DISA-
BILITY BENEFIT AS CALCULATED PURSUANT TO SUBDIVISION C OF THIS SECTION
FOR ANY YEAR THAT SUCH NEW YORK CITY UNIFORMED CORRECTION/SANITATION
REVISED PLAN MEMBER IS ELIGIBLE FOR SUCH BENEFIT, THEN THE ACCIDENTAL
DISABILITY BENEFIT CALCULATED PURSUANT TO SUBDIVISION C OF THIS SECTION
SHALL BE PAYABLE.
C-3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS A AND C OF THIS
SECTION, A POLICE/FIRE MEMBER WHO JOINED THE NEW YORK CITY POLICE
PENSION FUND OR THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND BEFORE
THE EFFECTIVE DATE OF THIS SUBDIVISION AND IS ELIGIBLE FOR THE ACCI-
DENTAL DISABILITY BENEFIT DESCRIBED IN SUBDIVISION C OF THIS SECTION MAY
AT THE TIME OF RETIREMENT MAKE AN ELECTION TO RECEIVE THE ACCIDENTAL
DISABILITY BENEFIT DESCRIBED IN SUBDIVISION C-1 OF THIS SECTION. SUCH
ELECTION SHALL BE DULY EXECUTED AND FILED WITH THE ADMINISTRATIVE HEAD
OF THE PENSION FUND TO WHICH THE MEMBER BELONGS AND SHALL BE IRREV-
OCABLE. IF NO SUCH ELECTION IS MADE, SUCH MEMBER SHALL RECEIVE THE ACCI-
DENTAL DISABILITY BENEFIT DESCRIBED IN SUBDIVISION C OF THIS SECTION.
C-4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS A AND C OF THIS
SECTION, A NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN
MEMBER WHO JOINED THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM BEFORE
S. 6378 5
THE EFFECTIVE DATE OF THIS SUBDIVISION AND IS ELIGIBLE FOR THE ACCI-
DENTAL DISABILITY BENEFIT DESCRIBED IN SUBDIVISION C OF THIS SECTION MAY
AT THE TIME OF RETIREMENT MAKE AN ELECTION TO RECEIVE THE ACCIDENTAL
DISABILITY BENEFIT DESCRIBED IN SUBDIVISION C-2 OF THIS SECTION. SUCH
ELECTION SHALL BE DULY EXECUTED AND FILED WITH THE ADMINISTRATIVE HEAD
OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM AND SHALL BE IRREV-
OCABLE. IF NO SUCH ELECTION IS MADE, SUCH MEMBER SHALL RECEIVE THE ACCI-
DENTAL DISABILITY BENEFIT DESCRIBED IN SUBDIVISION C OF THIS SECTION.
C-5. FOR THE PURPOSES OF THIS SECTION, "SIXTH-YEAR SALARY" SHALL HAVE
THE SAME MEANING AS SUCH TERM IS DEFINED IN SUBDIVISION J OF SECTION
FIVE HUNDRED SIX OF THIS ARTICLE.
C-6. FOR THE PURPOSES OF SUBDIVISIONS C-1 AND C-2 OF THIS SECTION, THE
ACCIDENTAL DISABILITY BENEFIT SHALL BE CALCULATED USING THE GREATER OF
SEVENTY-FIVE PERCENT OF FINAL AVERAGE SALARY OR SEVENTY-FIVE PERCENT OF
SIXTH-YEAR SALARY IF SUCH POLICE/FIRE MEMBER OR NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBER IS (I) ENTITLED TO DISABILITY
INSURANCE BENEFITS PURSUANT TO SECTION 223 OF THE FEDERAL SOCIAL SECURI-
TY ACT, OR (II) IS INELIGIBLE FOR SUCH DISABILITY INSURANCE BENEFITS ON
THE BASIS OF REQUIREMENTS OF SECTION 223(C)(1)(B) OF THE FEDERAL SOCIAL
SECURITY ACT AND DOES NOT HAVE EARNINGS THAT DEMONSTRATE AN ABILITY TO
ENGAGE IN SUBSTANTIAL GAINFUL ACTIVITY AS SET FORTH IN SECTION 223(D)(4)
OF THE FEDERAL SOCIAL SECURITY ACT. IN THE EVENT THAT A MEMBER NO LONGER
MEETS THE REQUIREMENTS OF THIS SUBDIVISION, SUCH MEMBER'S ACCIDENTAL
DISABILITY BENEFIT SHALL BE CALCULATED USING THE GREATER OF FIFTY
PERCENT OF FINAL AVERAGE SALARY OR FIFTY PERCENT OF SIXTH-YEAR SALARY AS
SET FORTH IN SUBDIVISION C-1 OR C-2 OF THIS SECTION.
§ 3. Section 510 of the retirement and social security law is amended
by adding a new subdivision j to read as follows:
J. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE ANNUAL
ESCALATION PROVIDED IN THIS SECTION SHALL NOT APPLY TO THE ORDINARY
DISABILITY BENEFIT PROVIDED FOR IN SUBDIVISIONS E AND F OF SECTION FIVE
HUNDRED SIX OF THIS ARTICLE OR THE ACCIDENTAL DISABILITY BENEFIT
PROVIDED FOR IN SUBDIVISIONS C-1 AND C-2 OF SECTION FIVE HUNDRED SEVEN
OF THIS ARTICLE.
§ 4. Subdivision f of section 511 of the retirement and social securi-
ty law, as amended by chapter 18 of the laws of 2012, is amended and a
new subdivision h is added to read as follows:
f. This section shall not apply to general members in the uniformed
correction force of the New York city department of correction or to
uniformed personnel in institutions under the jurisdiction of the
department of corrections and community supervision and security hospi-
tal treatment assistants, as those terms are defined in subdivision i of
section eighty-nine of this chapter, provided, however, that the
provisions of this section shall apply to a New York city uniformed
correction/sanitation revised plan member, EXCEPT AS PROVIDED IN SUBDI-
VISION H OF THIS SECTION.
H. THIS SECTION SHALL NOT APPLY TO A POLICE/FIRE MEMBER WHO RECEIVES
THE ORDINARY DISABILITY BENEFIT PROVIDED FOR IN SUBDIVISION E OF SECTION
FIVE HUNDRED SIX OF THIS ARTICLE OR THE ACCIDENTAL DISABILITY BENEFIT
PROVIDED FOR IN SUBDIVISION C-1 OF SECTION FIVE HUNDRED SEVEN OF THIS
ARTICLE, OR A NEW YORK CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN
MEMBER WHO RECEIVES THE ORDINARY DISABILITY BENEFIT PROVIDED FOR IN
SUBDIVISION F OF SECTION FIVE HUNDRED SIX OF THIS ARTICLE OR THE ACCI-
DENTAL DISABILITY BENEFIT PROVIDED FOR IN SUBDIVISION C-2 OF SECTION
FIVE HUNDRED SEVEN OF THIS ARTICLE.
§ 5. This act shall take effect immediately.