Relates to providing a performance of duty disability retirement benefit for members of the armed forces injured in combat

Title of bill

An act to amend the retirement and social security law, the education law and the administrative code of the city of New York, in relation to a special disability retirement benefit for members of the armed forces injured in combat

Purpose or general idea of bill

Provides a 75 percent of final average salary performance of duty disability retirement benefit for State and local government employees who are members of the military or reserves and are injured in combat.

Summary of specific provisions

Allows certain members and retirees of public retirement systems in New York State who are members of the military on active duty who become physically incapacitated for the performance of duties as the result of an injury sustained in a combat theatre or combat zone of operations to receive a performance of duty disability benefit of 75 percent of their one year final average salary.

Affected individuals must file an application within two years of being discontinued from active duty. This bill would be deemed to have been in effect as of September 11, 2001.

Justification

Under current law, police officers and firefighters who suffer a disabling injury on the job in the line of duty receive 75 percent of their final average salary as a disability pension. This is an entirely appropriate means of providing a measure of financial security to these public servants and their families as they risk their lives everyday in extremely hazardous occupations for the protection and benefit of their fellow New Yorkers. The citizen soldiers of our National Guard and Reserves who are called to active duty leave their homes and families to protect their state and nation from a different threat, but one every bit as potentially dangerous as that faced by police and firefighters. These brave New Yorkers are voluntarily risking death or terrible injury on behalf of their fellow citizens, and as such it is appropriate that those who are enrolled in a public retirement system be afforded the same disability retirement benefits offered to their equally brave counterparts with the police and fire departments. It is morally imperative, that those who have sacrificed so much for us, in blood, pain, and/or premature end to their civilian career, are granted a benefit at least sufficient for them.to provide a reasonably secure future for themselves and their families.

Prior legislative history

S.647-A of 2008 S.7355 of 2006

Fiscal implications for state and local governments

The additional annual cost to the employers of members of the retirement systems is estimated to be negligibie.

Effective date

Immediately.