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- Referred to civil service and pensions
- Referred to civil service and pensions
Companion bill
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Authorizes NY state and local employees' retirement system to consider the application for disability retirement benefits for Michael Lombardi
In Assembly Committee · Governmental Employees · Sponsor Robert Castelli
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5585
Title of bill
An act to authorize the New York state and local employees' retirement system to consider the application for accidental and/or ordinary disability retirement benefits from Michael Lombardi
Purpose of the bill
Authorizes NY state and local employees' retirement system to consider the application for disability retirement benefits for Michael Lombardi
Summary of provisions
Section 1: A stand alone provision which states that notwithstanding any other provision of law, the application for accidental and/or ordinary disability retirement benefits of Michael Lombardi, who is a member of the New York state and local employees' retirement system, which for reasons not ascribable to his own negligence was not accepted for consideration by such system, shall be accepted for consideration as if such application had been filed with such system in a timely manner.
Section 2: A stand alone provision which states that any accidental and/or ordinary disability benefits to which Michael Lombardi may be entitled upon consideration of the application referred to in section one shall commence as of the day such application was filed.
Section 3: States the effective date.
Justification
Michael Lombardi is a person with disabilities who was employed by Westchester County from 1989 to 1991 and the town of North Castle from 1991 to 2009. He suffers from a debilitating seizure. condition, and in 2009, was struck with a seizure that led to the discontinuance of his employment.
At that time, Mr. Lombardi, who was not fully capable of making an application for the ordinary disability benefits which he had earned over the course of his career, so he enlisted the help of another individual to make his disability application. That person rescheduled several appointments with case officers, and filed the application approximately one month late.
For reasons not ascribable to his own negligence, Mr. Lombardi's application was not filed within the three months that are allowed to make such application.
During a review by the Office of the State Comptroller, the administrative law judge pointed out that the reason for the
application being a month late was not Mr. Lombardi's fault, and that his only remedy would be to seek legislative action to allow for his application to be considered.
This bill would remedy the situation, and allow Mr. Lombardi's application for the benefits he had earned to he considered.
Prior legislative history
New bill.
Fiscal implications
Fiscal note is attached.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.