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Assembly Bill A3838B

2025-2026 Legislative Session

Relates to procedures and other matters related to the receipt or discontinuation of certain benefits

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Current Bill Status - Stricken

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Bill Amendments

2025-A3838 - Details

See Senate Version of this Bill:
S5026
Law Section:
General Municipal Law
Laws Affected:
Amd §207-c, Gen Muni L
Versions Introduced in 2023-2024 Legislative Session:
A7579, S6978

2025-A3838 - Summary

Requires that all procedures and other matters related to the receipt or discontinuation of benefits available under section two hundred seven-c of the general municipal law shall be subject, upon request of the affected employee, to a de novo evidentiary hearing.

2025-A3838 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3838
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by M. of A. JONES -- read once and referred to the Committee
   on Governmental Employees
 
 AN ACT to amend the civil service law, in  relation  to  procedures  and
   other  matters  related  to  the receipt or discontinuation of certain
   benefits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (a) of subdivision 4 of section 201 of the civil
 service law, as amended by chapter 674 of the laws of 2022,  is  amended
 to read as follows:
   (a)  salaries,  wages, hours and other terms and conditions of employ-
 ment provided, however, that such term shall not  include  any  benefits
 provided by or to be provided by a public retirement system, or payments
 to  a  fund  or insurer to provide an income for retirees, or payment to
 retirees or their beneficiaries. No such retirement  benefits  shall  be
 negotiated  pursuant  to  this  article,  and any benefits so negotiated
 shall be void. ALL PROCEDURES AND OTHER MATTERS RELATED TO  THE  RECEIPT
 OR  DISCONTINUATION  OF  BENEFITS  AVAILABLE  UNDER  SECTION TWO HUNDRED
 SEVEN-C OF THE GENERAL MUNICIPAL LAW  SHALL  BE  MANDATORILY  NEGOTIABLE
 TERMS AND CONDITIONS OF EMPLOYMENT.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08272-01-5

2025-A3838A - Details

See Senate Version of this Bill:
S5026
Law Section:
General Municipal Law
Laws Affected:
Amd §207-c, Gen Muni L
Versions Introduced in 2023-2024 Legislative Session:
A7579, S6978

2025-A3838A - Summary

Requires that all procedures and other matters related to the receipt or discontinuation of benefits available under section two hundred seven-c of the general municipal law shall be subject, upon request of the affected employee, to a de novo evidentiary hearing.

2025-A3838A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3838--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by M. of A. JONES -- read once and referred to the Committee
   on Governmental  Employees  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general municipal law, in relation to procedures and
   other  matters  related  to  the receipt or discontinuation of certain
   benefits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  207-c of the general municipal law is amended by
 adding a new subdivision 7 to read as follows:
   7. ANY DETERMINATION BY A MUNICIPALITY REGARDING AN EMPLOYEE'S INITIAL
 ELIGIBILITY FOR, OR DISCONTINUANCE OF, BENEFITS UNDER THIS SECTION SHALL
 BE SUBJECT, UPON REQUEST OF THE AFFECTED EMPLOYEE, TO A DE NOVO  EVIDEN-
 TIARY  HEARING. SUCH HEARING SHALL AFFORD ALL PARTIES THE OPPORTUNITY TO
 PRESENT TESTIMONIAL, DOCUMENTARY, AND OTHER EVIDENCE  THAT  IS  MATERIAL
 AND  RELEVANT  TO  THE  DETERMINATION. THE HEARING OFFICER OR ARBITRATOR
 SHALL MAKE AN INDEPENDENT DETERMINATION BASED ON THE EVIDENCE PRESENTED,
 AND SHALL NOT BE LIMITED TO REVIEWING THE  MUNICIPALITY'S  DETERMINATION
 UNDER AN ARBITRARY AND CAPRICIOUS STANDARD. UNDER NO CIRCUMSTANCES SHALL
 A PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
 AND  RULES  BE  CONSIDERED  A  REASONABLE SUBSTITUTE FOR THE EVIDENTIARY
 HEARING REQUIRED BY THIS SUBDIVISION. NOTHING IN THIS SUBDIVISION  SHALL
 PRECLUDE  THE  PARTIES FROM NEGOTIATING ADDITIONAL OR ALTERNATIVE PROCE-
 DURES THROUGH COLLECTIVE BARGAINING, PROVIDED SUCH PROCEDURES AFFORD THE
 AFFECTED EMPLOYEE A FULL AND FAIR OPPORTUNITY TO BE HEARD. THIS  EVIDEN-
 TIARY HEARING PROCESS PROVIDED FOR BY THIS SUBDIVISION SHALL BE DEEMED A
 MANDATORILY  NEGOTIABLE  TERM  AND CONDITION OF EMPLOYMENT UNDER ARTICLE
 FOURTEEN OF THE CIVIL SERVICE LAW.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08272-03-5

co-Sponsors

2025-A3838B (ACTIVE) - Details

See Senate Version of this Bill:
S5026
Law Section:
General Municipal Law
Laws Affected:
Amd §207-c, Gen Muni L
Versions Introduced in 2023-2024 Legislative Session:
A7579, S6978

2025-A3838B (ACTIVE) - Summary

Requires that all procedures and other matters related to the receipt or discontinuation of benefits available under section two hundred seven-c of the general municipal law shall be subject, upon request of the affected employee, to a de novo evidentiary hearing.

2025-A3838B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3838--B
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by M. of A. JONES -- read once and referred to the Committee
   on Governmental  Employees  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   again reported from said committee with amendments, ordered  reprinted
   as amended and recommitted to said committee

 AN ACT to amend the general municipal law, in relation to procedures and
   other  matters  related  to  the receipt or discontinuation of certain
   benefits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  207-c of the general municipal law is amended by
 adding a new subdivision 7 to read as follows:
   7. ANY DETERMINATION BY A MUNICIPALITY REGARDING AN EMPLOYEE'S INITIAL
 ELIGIBILITY FOR, OR DISCONTINUANCE OF, BENEFITS UNDER THIS SECTION SHALL
 BE SUBJECT, UPON REQUEST OF THE AFFECTED EMPLOYEE, TO A DE NOVO  EVIDEN-
 TIARY  HEARING. SUCH HEARING SHALL AFFORD ALL PARTIES THE OPPORTUNITY TO
 PRESENT TESTIMONIAL, DOCUMENTARY, AND OTHER EVIDENCE  THAT  IS  MATERIAL
 AND  RELEVANT  TO  THE  DETERMINATION. THE HEARING OFFICER OR ARBITRATOR
 SHALL MAKE AN INDEPENDENT DETERMINATION BASED ON THE EVIDENCE PRESENTED,
 AND SHALL NOT BE LIMITED TO REVIEWING THE  MUNICIPALITY'S  DETERMINATION
 UNDER AN ARBITRARY AND CAPRICIOUS STANDARD. UNDER NO CIRCUMSTANCES SHALL
 A PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
 AND  RULES  BE  CONSIDERED  A  REASONABLE SUBSTITUTE FOR THE EVIDENTIARY
 HEARING REQUIRED BY THIS SUBDIVISION. NOTHING IN THIS SUBDIVISION  SHALL
 PRECLUDE  THE  PARTIES FROM NEGOTIATING ADDITIONAL OR ALTERNATIVE PROCE-
 DURES THROUGH COLLECTIVE BARGAINING, PROVIDED SUCH PROCEDURES AFFORD THE
 AFFECTED EMPLOYEE A FULL AND FAIR OPPORTUNITY TO  BE  HEARD.    NOTWITH-
 STANDING  ANY  LOCAL LAW, ORDINANCE, RESOLUTION, OR CHARTER PROVISION TO
 THE CONTRARY, THIS EVIDENTIARY HEARING  PROCESS  PROVIDED  FOR  BY  THIS
 SUBDIVISION  SHALL BE DEEMED A MANDATORILY NEGOTIABLE TERM AND CONDITION
 OF EMPLOYMENT UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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