What's happening
This bill allows Robert V. Vassallo, Sr. to reapply for a disability retirement from the New York State Police.
Why it matters
Provides a rare legislative remedy. for a single individual (Robert V. Vassallo, Sr.), acknowledging unique circumstances where he was previously denied disability retirement due to factors not attributed to his own negligence.
Addresses long-term consequences of on-duty injury. , recognizing that Vassallo was critically injured while working undercover in 1991 and has been unable to return to work as a result, potentially setting a precedent for handling similar cases of delayed or denied disability claims.
Enables potential change in retirement status from service to disability retirement. , which could affect the type of benefits and recognition he receives, despite the fiscal note indicating there would be no additional cost to the retirement system.
Demonstrates legislative willingness to intervene in individual public employee retirement cases. where procedural or administrative barriers have prevented access to intended disability protections, possibly signaling openness to future similar interventions.
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Who cares
Headline styles
Let Vassallo Reapply for Disability
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 3
No co-sponsors yet.
History
- Print number 5084a
- Amend and recommit to civil service and pensions
- Referred to civil service and pensions
- Referred to civil service and pensions
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.
Allow Vassallo Disability Reapplication
In Assembly Committee · Governmental Employees · Sponsor Fred Thiele
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5084--A
2017-2018 Regular Sessions
IN SENATE
March 7, 2017
Introduced by Sen. CROCI -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- recommitted to the Committee on Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT in relation to entitling Robert V. Vassallo, Sr. to reapply for a disability retirement from the New York state police
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding any other provision of law, Robert V. Vassallo, Sr., who was employed as a correction officer with the department of correctional services for the state of New York for approximately one year beginning in 1968, and who was employed as a correction officer with the department of correction for the city of New York for approximately one year until September 10, 1970, and who was employed as a police officer with the New York state parkway police for the period beginning September 10, 1970 and ending January 1, 1980, and who was employed as a trooper with the New York state police for the period beginning January 1, 1980 and ending March 1, 1990, and who was employed as an investigator in the bureau of criminal investigation with the New York state police for the period beginning March 1, 1990 and ending September 13, 1997, and who, on January 14, 1991, was critically injured in an automobile accident while working undercover in an unmarked police car, and, as a result of such critical injuries has been unable to return to work with the New York state police, and who, for reasons not ascribable to his own negligence, has been denied a disability retirement from the New York state police, and who, as of the effective date of this act, is on regular service retirement, shall be entitled to reapply for a disability retirement from the New York state police if on
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06853-07-8
S. 5084--A 2
or before December 31, 2019, he files a written request with the state comptroller to that effect.
§ 2. This act shall take effect immediately.
Fiscal Note.-- Pursuant to Legislative Law, Section 50:
This bill would entitle Robert V. Vassallo, Sr., a service retiree who
was formerly employed as a police officer with the New York State
Police, to file an application to receive a disability benefit from the
New York State and Local Police and Fire Retirement System instead of
his current service retirement benefit.
If this bill is enacted, there will be no increase in the annual bene-
fit paid by the System. Therefore, there would be no cost to the System.
Summary of relevant resources:
The membership data used in measuring the impact of the proposed
change was the same as that used in the March 31, 2017 actuarial valu-
ation. Distributions and other statistics can be found in the 2017
Report of the Actuary and the 2017 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, and 2017 Annual Report to the Comptroller on Actuarial Assump-
tions, and the Codes Rules and Regulations of the State of New York:
Audit and Control.
The Market Assets and GASB Disclosures are found in the March 31, 2017
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This estimate, dated January 31, 2018, and intended for use only
during the 2018 Legislative Session, is Fiscal Note No. 2018-54,
prepared by the Actuary for the New York State and Local Retirement
System.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act in relation to entitling Robert V. Vassallo, Sr. to reapply for a disability retirement from the New York state police
Purpose
To entitle Robert V. Vassallo, Sr. to reapply for a disability retire- ment from the New York State Police.
Summary of provisions
This bill would allow Robert V. Vassallo, Sr. to reapply for a disabil- ity retirement from the New York State Police.
Justification
Robert V. Vassallo, Sr. was denied disability retirement for critical injuries he suffered in an auto accident occurring while working under- cover in an unmarked car on January 14, 1991. At the time, Mr. Vassallo was an investigator with the New York State Police and his injuries were sustained in the line of duty. He has been classified as being perma- nently disabled by the New York State Police.
On November 19, 1991, New York State Police Superintendent Thomas A. Constantine filed applications for Accidental Disability Retirement and State Police Disability Retirement for Mr. Vassallo with the New York State and Local Police and Fire Retirement System. Mr. Vassallo was later informed by the New York State Comptroller's office that the applications for Accidental Disability and State Police Disability had both been denied. The comptroller found that Mr. Vassallo was not permanently incapacitated for the performance of his duties as an Inves- tigator in both denials. After receiving this notification, Mr. Vassallo was again examined and was again diagnosed as being unable to return to full and active duty. Further, Mr. Vassallo was not allowed to work on light duty because no such positions existed at the time.
Mr. Vassallo is currently on regular service retirement. For reasons not ascribable to his own negligence, he has been denied a disability retirement from the New York State Police. This legislation would allow Mr. Vassallo to reapply for a disability retirement from the New York State Police.
Legislative history
2015-16:A.3821-A/S.6363 2014:A.10005
Fiscal implications
The Actuary for the New York State and Local Police and Fire Retirement System estimates no cost to the System should this legislation be enacted.
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.