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History
- Substituted by A5744A
- Ordered to third reading cal.1347
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides that a member with at least 20 years of creditable police or fire service in the retirement system shall not be precluded from any rights
Signed by Governor · Sponsor Peter Abbate
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5653
Title of bill
An act to amend the administrative code of the city of New York, in relation to the effect of discharge or dismissal of a police officer or firefighter with twenty years of creditable retirement service
Summary of provisions
This legislation guarantees a pension to any New York City police officer or firefighter who has attained twenty years of creditable service and would have otherwise been eligible for retirement, who was dismissed from employment.
Justification
Presently, every member in the New York State Policemen's and Firemen's Retirement system, covering all police officers outside the City of New York, has his pension protected statutorily. If a member has twenty years of service or more and is dismissed, he receives his pension immediately without an age limitation. In fact, this applies to all members in the Policemen's and Firemen's Retirement system, as well as to members in the other retirement systems, but we are dealing here only with legislation applicable to police officers and firefighters enrolled in the New York City Police and Fire Pension Funds.
Our proposal is to ensure that a member with 20 or more years of service, who would otherwise be entitled to his pension had he applied for retirement, not be denied that pension, and that the City not be allowed to use the 30 day waiting period to thwart pension rights. This proposal does not give the member the extent of protection provided or members in the New York State Policemen's and Firemen's Retirement. System since there will be no protection under this proposal for members dismissed who have less than 20 years of service. However, members who could have retired based upon the 20 year retirement plan will be appropriately protected.
It is totally violate of the principle and concept of pensions to deny to a member and his family his retirement benefits for which he has expended many years of service and, in the New York City Police and Fire Pension Funds, contributed up to 7% of his total earnings. The member is being sufficiently punished for his possible departmental violation by being dismissed from his position. There is no need to become so punitive as to then also punish his family by not allowing them to benefit from his pension upon which they depended.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.