What's happening
This bill allows Robert V. Vassallo, Sr. to reapply for disability retirement from the New York State Police.
Why it matters
Addresses a unique case of denied disability retirement. The bill specifically responds to Robert V. Vassallo, Sr.’s situation, where a critical injury sustained in the line of duty led to his inability to return to police work, but he was previously denied a disability retirement for reasons not attributed to his own actions.
Potential for increased benefits and recognition. If approved, this change could allow Mr. Vassallo to receive a disability retirement benefit rather than a standard service retirement, potentially offering him greater financial support and formally acknowledging his career-ending injury as duty-related.
No fiscal impact on the retirement system. According to the fiscal note, allowing this reapplication will not increase the annual benefit paid by the Police and Fire Retirement System, meaning there is no projected cost to taxpayers or the retirement fund.
Sets a limited precedent for reapplication. While narrowly tailored to this individual, the bill demonstrates legislative willingness to reconsider denied disability claims in exceptional circumstances, which may be significant for other public employees with similar histories.
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Let Vassallo Reapply for Disability
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 8815a
- Amend and recommit to governmental employees
- Referred to governmental employees
- Referred to governmental employees
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.
Let Vassallo Reapply for Disability
In Assembly Committee · Governmental Employees · Sponsor Monica Martinez
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8815--A
2019-2020 Regular Sessions
IN ASSEMBLY
November 25, 2019
Introduced by M. of A. THIELE -- read once and referred to the Committee on Governmental Employees -- recommitted to the Committee on Governmental Employees in accordance with Assembly Rule 3, sec. 2 -- 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 or before December 31, 2021, he files a written request with the state comptroller to that effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09673-04-0
A. 8815--A 2
§ 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill will 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 state police disability
benefit pursuant to section 363-b of the Retirement and Social Security
Law from the New York State and Local Police and Fire Retirement System
(PFRS) instead of his current service retirement benefit.
If this bill is enacted during the 2020 legislative session, there
will be no increase in the annual benefit paid by the PFRS. Therefore,
there would be no cost to the PFRS.
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, 2019 actuarial valu-
ation. Distributions and other statistics can be found in the 2019
Report of the Actuary and the 2019 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017, 2018, and 2019 Annual Report to the Comptroller on Actuarial
Assumptions, 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, 2019
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 fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated March 18, 2020, and intended for use only during
the 2020 Legislative Session, is Fiscal Note No. 2020-104, 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.