S T A T E O F N E W Y O R K
________________________________________________________________________
6020--A
2019-2020 Regular Sessions
I N A S S E M B L Y
February 26, 2019
___________
Introduced by M. of A. GUNTHER, GARBARINO, ZEBROWSKI, THIELE, JAFFEE,
DenDEKKER, LENTOL, ENGLEBRIGHT, COLTON, ORTIZ, SEAWRIGHT, M. G. MILL-
ER, JEAN-PIERRE, SIMON, BARNWELL, D'URSO, LAVINE, DICKENS, McDONOUGH,
CROUCH, BARCLAY, RAIA, PALUMBO, MONTESANO, MALLIOTAKIS, PALMESANO,
BRABENEC, LAWRENCE, FINCH, DiPIETRO, BLANKENBUSH, B. MILLER, SMITH,
REYES, COOK -- Multi-Sponsored by -- M. of A. FITZPATRICK, HAWLEY,
HEVESI, KOLB, LUPARDO, MORINELLO, RA -- read once and referred to the
Committee on Governmental Employees -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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.
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08899-05-9
A. 6020--A 2
investigate such issues as are related to the exclusion of disability
pensioners from the variable supplements fund.
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;
(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 eleven members appointed as
follows:
(a) two members who shall be appointed by the governor;
(b) two members who shall be appointed by the temporary president of
the senate;
(c) two members who shall be appointed by the speaker of the assembly;
(d) one member who shall be appointed by the minority leader of the
senate;
(e) one member who shall be appointed by the minority leader of the
assembly;
(f) one member who shall be appointed by the mayor of the city of New
York;
(g) one member who shall be appointed by the state comptroller; and
(h) one member who shall represent the interest of the affected disa-
bility retirees and who shall be appointed by the chair.
From among such eleven members, the governor shall designate the
chair. In addition to such eleven voting members, the president of the
uniformed firefighters association of greater New York or his or her
designee, the comptroller of the city of New York or his or her desig-
nee, a member of the board of trustees of the transit police officer's
variable supplements fund or his or her designee, a member of the board
of trustees of the housing police officer's variable supplements fund or
his or her designee, a member of the board of trustees of the transit
police superior officers' variable supplements fund or his or her desig-
nee, a member of the board of trustees of the housing police superior
officers' variable supplements fund or his or her designee, and a member
of the board of trustees of the correction officers' variable supple-
ments fund or his or her designee shall serve as non-voting members. Six
voting members of the temporary task force shall, at all times, consti-
tute a quorum. Members shall receive no compensation for their services;
members (including non-voting members) who are not governmental employ-
ees shall be reimbursed for their reasonable expenses incurred during
the performance of their duties. Notwithstanding 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 the effective date of this act, the temporary
task force shall issue a report containing such findings and recommenda-
tions regarding the eligibility of disability pensioners of New York
city to receive supplemental payments from the variable supplements fund
and any other matters relating thereto. Such report shall be transmitted
to the governor, the comptroller, the chair of the Senate civil service
and pensions committee and the chair of the assembly governmental
employees committee.
§ 3. This act shall take effect immediately.