Senate Bill S3107A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3107--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2019
                                ___________
 
 Introduced  by  Sens.  ADDABBO,  BOYLE, BROOKS, CARLUCCI, FUNKE, SAVINO,
   TEDISCO -- read twice and ordered printed,  and  when  printed  to  be
   committed  to the Committee on Civil Service and Pensions -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 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
 investigate such issues as are related to the  exclusion  of  disability
 pensioners from the variable supplements fund.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08899-04-9

 S. 3107--A                          2
 
   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.