Senate Bill S3801

Vetoed By Governor
2019-2020 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 Via A4436 - 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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2019-S3801 (ACTIVE) - Details

See Assembly Version of this Bill:
A4436
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
2017-2018: S6529, S8782, A8326, A10723
2021-2022: S4408, A6732

2019-S3801 (ACTIVE) - Summary

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

2019-S3801 (ACTIVE) - Sponsor Memo

2019-S3801 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3801
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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