Senate Bill S5026A

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 - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 27, 2025	reported and committed to finance
May 21, 2025	print number 5026b
May 21, 2025	amend and recommit to civil service and pensions
Apr 29, 2025	print number 5026a
Apr 29, 2025	amend (t) and recommit to civil service and pensions
Feb 18, 2025	referred to civil service and pensions

Votes

- May 27, 2025 - Civil Service And Pensions Committee Vote
  S5026A
  
  Aye
  
  5
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Civil Service And Pensions Committee Vote: May 27, 2025
      
      aye (5)
      
      Cooney
      
      Gonzalez
      
      Jackson
      
      Mattera
      
      Scarcella-Spanton
      
      aye wr (1)
      
      Weik
      
      excused (1)
      
      Parker

Bill Amendments

Original

B (Active)

2025-S5026 - Details

See Assembly Version of this Bill:: A3838
Current Committee:: Senate Finance
Law Section:: General Municipal Law
Laws Affected:: Amd §207-c, Gen Muni L
Versions Introduced in 2023-2024 Legislative Session:: S6978, A7579

2025-S5026 - 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-S5026 - Sponsor Memo

                                 
BILL NUMBER: S5026

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the civil service law, in relation to procedures and
other matters related to the receipt or discontinuation of certain bene-
fits

 
PURPOSE:

The purpose of this bill is to allow evidentiary hearings in 207C arbi-
tration cases.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (a) of subdivision 4 of Section 201 of the
Civil Service Law to amend the definition of the "terms and conditions
of employment" by adding language that defines mandatory negotiable
terms and conditions of employment related to benefits.

Section 2 is the effective date.

 
JUSTIFICATION:

This bill amends the terms of the 207C procedures. By amending the defi-
nition of "terms and conditions of employment" under the Taylor Law we
have made it mandatory that a hearing to address these issues is
required. Currently, some bargaining and arbitration procedures under
Section 207C of the General Municipal Law have been purely procedural.

If there is any substance to the claim it is more often than not found
non mandatory. This legislation would require a true evidentiary hearing
related to arbitration as opposed to the "review" arbitration which is
the current interpretation.

It is imperative that a de novo arbitration hearing, the introduction of
evidence or witnesses, take place to ensure the arbitrator has the abil-
ity to make a decision of evidence beyond a review proceeding.

 
LEGISLATIVE HISTORY:

2023-2024 - S6978 - Referred to Civil Service and Pensions

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S5026 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5026
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 18, 2025
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 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-S5026A - Details

See Assembly Version of this Bill:: A3838
Current Committee:: Senate Finance
Law Section:: General Municipal Law
Laws Affected:: Amd §207-c, Gen Muni L
Versions Introduced in 2023-2024 Legislative Session:: S6978, A7579

2025-S5026A - Summary

2025-S5026A - Sponsor Memo

                                 
BILL NUMBER: S5026A

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to procedures and
other matters related to the receipt or discontinuation of certain bene-
fits

 
PURPOSE:

To ensure that employees subject to determinations regarding their
eligibility for benefits under General Municipal Law § 207-c are
afforded a full and fair opportunity to contest such determinations
through a de novo evidentiary hearing process.

 
SUMMARY OF PROVISIONS:

Section 1 amends General Municipal Law § 207-c by adding a new subdivi-
sion 7, which requires municipalities to provide a de novo evidentiary
hearing upon request by an affected employee who disputes an initial
eligibility determination or discontinuation of benefits.  The hearing

shall allow for the presentation of testimonial, documentary, and other
relevant evidence, and shall result in an independent decision by a
hearing officer or arbitrator based solely on the record developed at
the hearing.

The amendment expressly prohibits reliance on an Article 78 proceeding
as a substitute for the evidentiary hearing process and clarifies that
the procedural protections afforded by this subdivision are deemed a
mandatorily negotiable term and condition of employment under the Taylor
Law (Article 14 of the Civil Service Law).

Section 2 provides that the act shall take effect immediately.

 
JUSTIFICATION:

Under current practice, many municipalities subject determinations
related to § 207-c benefits to limited administrative review. Such
proceedings are designed to review municipal actions under an "arbitrary
and capricious"; standard, rather than providing a full factual hearing
with the opportunity to present evidence.

This bill addresses that inequity by mandating a de novo evidentiary
hearing, ensuring that decisions concerning an employee's eligibility
for critical disability benefits are made based on a full and fair
record. The bill affirms that the evidentiary hearing process is a
mandatory subject of collective bargaining, preserving the rights of
labor organizations to negotiate alternative fair procedures if desired.

By creating a clearer, more equitable, and more accessible process for
affected employees, this legislation promotes due process, labor stabil-
ity, and the fair administration of municipal disability benefits.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:
Minimal; hearings are already part of due process obligations and will
help municipalities avoid litigation costs.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S5026A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5026--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 18, 2025
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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 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.
                                                            LBD08272-02-5

2025-S5026B (ACTIVE) - Details

See Assembly Version of this Bill:: A3838
Current Committee:: Senate Finance
Law Section:: General Municipal Law
Laws Affected:: Amd §207-c, Gen Muni L
Versions Introduced in 2023-2024 Legislative Session:: S6978, A7579

2025-S5026B (ACTIVE) - Summary

2025-S5026B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5026B

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to procedures and
other matters related to the receipt or discontinuation of certain bene-
fits

 
PURPOSE:

To ensure that employees subject to determinations regarding their
eligibility for benefits under General Municipal Law § 207-c are
afforded a full and fair opportunity to contest such determinations
through a de novo evidentiary hearing process.

 
SUMMARY OF PROVISIONS:

Section 1 amends General Municipal Law § 207-c by adding a new subdivi-
sion 7, which requires municipalities to provide a de novo evidentiary
hearing upon request by an affected employee who disputes an initial
eligibility determination or discontinuation of benefits.  The hearing

shall allow for the presentation of testimonial, documentary, and other
relevant evidence, and shall result in an independent decision by a
hearing officer or arbitrator based solely on the record developed at
the hearing.

The amendment expressly prohibits reliance on an Article 78 proceeding
as a substitute for the evidentiary hearing process and clarifies that
the procedural protections afforded by this subdivision are deemed a
mandatorily negotiable term and condition of employment under the Taylor
Law (Article 14 of the Civil Service Law).

Section 2 provides that the act shall take effect immediately.

 
JUSTIFICATION:

Under current practice, many municipalities subject determinations
related to § 207-c benefits to limited administrative review. Such
proceedings are designed to review municipal actions under an "arbitrary
and capricious"; standard, rather than providing a full factual hearing
with the opportunity to present evidence.

This bill addresses that inequity by mandating a de novo evidentiary
hearing, ensuring that decisions concerning an employee's eligibility
for critical disability benefits are made based on a full and fair
record. The bill affirms that the evidentiary hearing process is a
mandatory subject of collective bargaining, preserving the rights of
labor organizations to negotiate alternative fair procedures if desired.

By creating a clearer, more equitable, and more accessible process for
affected employees, this legislation promotes due process, labor stabil-
ity, and the fair administration of municipal disability benefits.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:
Minimal; hearings are already part of due process obligations and will
help municipalities avoid litigation costs.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S5026B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5026--B
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 18, 2025
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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.
                                                            LBD08272-04-5

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Senate Bill S5026A

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

Actions

Votes

May 27, 2025 - Civil Service And Pensions Committee Vote

Civil Service And Pensions Committee Vote: May 27, 2025

Bill Amendments

2025-S5026 - Details

2025-S5026 - Summary

2025-S5026 - Sponsor Memo

2025-S5026 - Bill Text download pdf

2025-S5026A - Details

2025-S5026A - Summary

2025-S5026A - Sponsor Memo

2025-S5026A - Bill Text download pdf

2025-S5026B (ACTIVE) - Details

2025-S5026B (ACTIVE) - Summary

2025-S5026B (ACTIVE) - Sponsor Memo

2025-S5026B (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Robert Jackson

Current Bill Status - In Senate Committee Finance Committee

Actions

Votes

Bill Amendments

2025-S5026 - Details

2025-S5026 - Summary

2025-S5026 - Sponsor Memo

2025-S5026 - Bill Text download pdf

2025-S5026A - Details

2025-S5026A - Summary

2025-S5026A - Sponsor Memo

2025-S5026A - Bill Text download pdf

2025-S5026B (ACTIVE) - Details

2025-S5026B (ACTIVE) - Summary

2025-S5026B (ACTIVE) - Sponsor Memo

2025-S5026B (ACTIVE) - Bill Text download pdf

Comments