senate Bill S8782

2017-2018 Legislative Session

Relates to disability benefits for firefighters employed by the division of military and naval affairs

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions 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
May 16, 2018 referred to civil service and pensions

S8782 (ACTIVE) - Details

See Assembly Version of this Bill:
A10723
Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §§63-g, 63-h, 607-i & 607-j, R & SS L
Versions Introduced in Other Legislative Sessions:
2015-2016: S8071, A10614
2019-2020: S3801, S7534, A4436, A9926

S8782 (ACTIVE) - Summary

Relates to disability benefits for firefighters employed by the division of military and naval affairs.

S8782 (ACTIVE) - Sponsor Memo

S8782 (ACTIVE) - Bill Text download pdf


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

                                  8782

                            I N  S E N A T E

                              May 16, 2018
                               ___________

Introduced  by  Sen.  MURPHY -- 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 firefighters employed by the division of mili-
  tary and naval affairs

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

  Section 1. The retirement and social security law is amended by adding
two new sections 63-g and 63-h to read as follows:
  § 63-G. PERFORMANCE OF DUTY DISABILITY RETIREMENT. A.  ANY  MEMBER  OF
THE  RETIREMENT  SYSTEM  EMPLOYED  BY THE DIVISION OF MILITARY AND NAVAL
AFFAIRS SHALL BE ELIGIBLE TO RETIRE PURSUANT TO THE PROVISIONS  OF  THIS
SECTION IF HE OR SHE IS AN AIRPORT FIREFIGHTER APPRENTICE, AIRPORT FIRE-
FIGHTER  I,  AIRPORT FIREFIGHTER II, AIRPORT FIREFIGHTER III OR TRAINING
AND SAFETY OFFICER.
  B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL  OR
SPECIAL  LAW  TO  THE  CONTRARY,  ANY  MEMBER  WHO BECOMES PHYSICALLY OR
MENTALLY INCAPACITATED AS THE RESULT OF A DISABILITY, WHO  IS  PRESENTLY
EMPLOYED  AND WHO SHALL HAVE SUSTAINED SUCH DISABILITY WHILE SO EMPLOYED
AND WHILE ACTUALLY A MEMBER OF THE RETIREMENT SYSTEM, PROVIDED THAT SUCH
DISABILITY OR DEATH (A) WAS CAUSED BY THE NATURAL AND  PROXIMATE  RESULT
OF A DISABILITY, NOT CAUSED BY SUCH FIREFIGHTER'S OWN WILLFUL NEGLIGENCE
AND  (B)  WAS  INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY, UNLESS
THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SHALL BE PAID  A  PERFORM-
ANCE  OF  DUTY  DISABILITY  RETIREMENT  BENEFIT PAYABLE PURSUANT TO THIS
SECTION.
  C. APPLICATION FOR A PERFORMANCE OF DUTY DISABILITY RETIREMENT  ALLOW-
ANCE FOR SUCH A MEMBER MAY BE MADE BY:
  1. SUCH MEMBER;
  2. THE HEAD OF THE DEPARTMENT IN WHICH SUCH MEMBER IS EMPLOYED; OR
  3. SOME PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER.
  D.  AFTER THE FILING OF SUCH AN APPLICATION SUCH MEMBER SHALL BE GIVEN
ONE OR MORE MEDICAL EXAMINATIONS.   IF THE COMPTROLLER  DETERMINES  THAT
THE  MEMBER  IS PHYSICALLY OR MENTALLY INCAPACITATED FOR THE PERFORMANCE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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