What's happening
This bill allows certain public retirement system members another opportunity to file lawsuits for denied retroactive membership benefits under section 803.
Why it matters
Restores legal recourse for affected members. The bill gives public retirement system members who previously missed the deadline (or had their cases dismissed for procedural reasons) another chance to sue for retroactive membership benefits, which could mean substantial financial restitution for some.
Addresses procedural injustices. By reviving these causes of action, the legislation acknowledges that some members followed all required steps but were unfairly denied, aiming to correct past administrative or employer errors that blocked rightful benefits.
Time-limited opportunity. The bill sets a clear window (until June 30, 2018) for eligible members to bring their lawsuits, creating urgency for those affected to act quickly and potentially increasing the workload for courts and retirement system administrators in the short term.
Potential financial impact on public employers. If many claims succeed, public employers and retirement systems might face significant retroactive financial obligations, which could affect budgets or prompt further policy changes.
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
Reopen Denied Pension Lawsuits
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to governmental employees
- Referred to governmental employees
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7248
2017-2018 Regular Sessions
IN ASSEMBLY
April 12, 2017
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Governmental Employees
AN ACT to revive causes of action for the relief provided by section 803 of the retirement and social security law for members who previously took all steps necessary to obtain relief under such section but were denied such relief
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative findings and declaration of intent. The legislature finds that for many members of public retirement systems who qualified for retroactive membership pursuant to section 803 of the retirement and social security law but who were nonetheless denied such retroactive membership by their employers, the time to bring a lawsuit to obtain the relief provided for by such section has expired. Accordingly, the legislature declares the need for remedial legislation in the form of this act, to revive the period within which a lawsuit may be commenced by members who previously qualified under such section but who were nonetheless denied the benefits thereunder.
§ 2. Notwithstanding any other provision of law, any member of a public retirement system who previously took all of the steps necessary to qualify for retroactive membership under section 803 of the retirement and social security law within the time required by such section but who nevertheless was denied such retroactive membership by the appropriate employer and who failed to bring an action against the appropriate employer for such cause within the time allowed by law, or whose action was dismissed without prejudice to the commencement of a new action or whose action was not decided upon the merits but with respect to which the time to bring such new action has expired, may bring such action or new action as authorized by this act. All such causes of action are hereby revived, provided, however, that all such actions or new actions shall be commenced on or before June 30, 2018.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03522-01-7
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.