Skip to content
S1762Senate2017-2018 SessionSame asA2988

Courts Can Grant Disability Pensions

Official title

“Relates to article 78 judgments regarding disability pension determinations”

Sponsor Martin J. GoldenSD-22Affects Legal
Status
In Senate Committee
Judiciary
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill allows courts to review disability pension denials de novo and grant the requested pension in Article 78 proceedings.

Why it matters

  1. Empowers courts to fully re-examine (de novo) both legal and factual aspects. of disability pension denials, rather than just checking for procedural errors or “arbitrary and capricious” decisions. This could lead to more thorough and fair reviews for public employees who are denied disability pensions.

  2. Shifts significant authority from pension boards to the judiciary. , allowing judges to directly grant disability pensions if they find the petitioner qualifies. This may result in increased pension awards and more accountability for pension system decisions.

  3. Applies retroactively to all pending appeals. , meaning individuals with unresolved disability pension cases could immediately benefit from the new, more favorable standard of court review.

  4. Could impact government finances and public sector labor relations. , as more disability pension claims might be approved, potentially increasing costs for state and local retirement systems and affecting negotiations between public employees and government employers.

The daily · weekday mornings

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

Courts Can Grant Disability Pensions

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Martin J. Golden

Senator · Senate District 22

Chair, Civil Service And Pensions

No co-sponsors yet.

History

  1. Referred to judiciary
  2. Print number 1762a
  3. Amend and recommit to judiciary
  4. 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.

A2988Assembly

Let Courts Grant Disability Pensions

In Assembly Committee · Judiciary · Sponsor Peter Abbate

Impact 5 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1762--A

2017-2018 Regular Sessions

IN SENATE

January 10, 2017

Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed 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.

LBD06476-02-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

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

Title of bill

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

Purpose or general idea of bill

To protect members of the public employee retirement systems from having to endure repeat appeals from a retirement system determination denying a disability pension when the reviewing Court finds that the denial was arbitrary, capricious, and not supported by substantial evidence.

Summary of provisions

Section one of the bill amends section 7806 of the Civil Practice Law and Rules to allow a Court hearing an appeal from the pension or retirement system of the State or civil division thereof where the determination being reviewed is a denial of a disability pension to review the facts of the case de novo, annul the determination below and grant the disability pension.

Section two of the bill provides that this act shall take effect immediately and shall apply to all appeals that have been filed but not yet adjudicated.

Existing law

New law.

Justification

Frequently, applications for disability pensions are denied until the application has been judicially reviewed and remanded. Even then, there is no guarantee that the application will be granted and many disabled retirement system members have to appeal to the Courts at least one more additional time.

Fighting the denial of a disability pension is not inexpensive. The disabled person will have to pay court costs and, most likely, attorney's fees. There are many instances where the Court has agreed with the disabled person and remanded the determination for action not inconsistent with the Court's decision and the disability pension application is still denied. This cycle needs to end.

This bill reverses a long line of Court of Appeals decisions reversing Appellate Division decisions that granted disability pensions to the petitioners. (See, Matter of Borenstein v NYCERS, 88 N.Y.2d 756, 761 (1996) "In the end, the Appellate Division here did what it should not do: "substitute (its) own judgment for that of the Medical Board" (quoting Matter of Santoro v Board of Trustees, 217 A.D.2d 660, 660-661, citing Matter of Brady v City of New York, 22 N.Y.2d 601; Matter of Appleby v Herkommer, 165 A.D.2d 727)). By allowing reviewing courts to substitute their judgment when they find that a determination denying a disability pension is arbitrary and capricious and not supported by substantial evidence, the cycle of application denial, appeal, remand will be broken. Breaking this cycle will save the disabled applicant's resources the retirement systems' resources and judicial resources because the same application for and determination regarding a disability pension will not have to be reviewed multiple times.

Prior legislative history

New bill

Fiscal implications

None.

Effective date

This act shall take effect immediately and shall apply to all appeals that have been filed but not yet adjudicated.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.