What's happening
This bill allows courts to fully review and overturn denials of disability pensions by state or local pension systems.
Why it matters
Expands Judicial Authority. By allowing courts to review both legal and factual questions "de novo" (from scratch), the bill gives judges full authority to reconsider the facts of a denied disability pension case, rather than being limited to reviewing only whether the pension system followed proper procedures or acted arbitrarily.
Direct Relief for Petitioners. The amendment specifically allows courts to not just send a case back to the pension board, but to directly overturn a denial and order that a disability pension be granted, potentially speeding up relief for disabled public employees.
Applies Retroactively to Pending Cases. The bill’s immediate effect on all appeals not yet decided means that individuals currently challenging pension denials could benefit from these expanded review powers, potentially changing outcomes for ongoing cases.
Potential Systemic Impact. By increasing court oversight and the likelihood of reversals, the bill may encourage pension systems to be more thorough and fair in their initial disability determinations, knowing that courts can now fully re-examine their decisions.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Let Courts Grant Disability Pensions
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Print number 2988a
- Amend and recommit to judiciary
- Referred to judiciary
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.
Courts Can Grant Disability Pensions
In Senate Committee · Judiciary · Sponsor Martin J. Golden
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2988--A
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
Introduced by M. of A. ABBATE -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the civil practice law and rules, in relation to judgments in favor of a petitioner in article 78 proceedings relating to disability pensions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 7806 of the civil practice law and rules, as amended by chapter 318 of the laws of 1962, is amended to read as follows:
§ 7806. Judgment. The judgment may grant the petitioner the relief to which he is entitled, or may dismiss the proceeding either on the merits or with leave to renew. If the proceeding was brought to review a determination, the judgment may annul or confirm the determination in whole or in part, or modify it, and may direct or prohibit specified action by the respondent, provided, however, that when the determination being reviewed is a determination by a pension or retirement system of the state or civil division thereof denying the petitioner a disability pension, the court may review all questions of law and fact de novo, annul the determination and grant the petitioner the requested disability pension. Any restitution or damages granted to the petitioner must be incidental to the primary relief sought by the petitioner, and must be such as he might otherwise recover on the same set of facts in a separate action or proceeding suable in the supreme court against the same body or officer in its or his official capacity.
§ 2. This act shall take effect immediately and shall apply to all appeals that have been filed but not yet adjudicated.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06476-03-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.