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S3904Senate2019-2020 SessionSame asA8815

Let Vassallo Reapply for Disability

Official title

“Entitles Robert V. Vassallo, Sr. to reapply for a disability retirement from the New York state police”

Sponsor Monica MartinezSD-3Affects Finance
Status
In Assembly Committee
Governmental Employees
Impact
2/10
Minimal
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Governmental Employees

What's happening

This bill allows Robert V. Vassallo, Sr. to reapply for a New York State Police disability retirement despite previously being denied.

Why it matters

  1. Provides a unique exception for Robert V. Vassallo, Sr. the bill specifically overrides existing law to allow him another chance to apply for disability retirement, which is unusual and signals a legislative willingness to address individual cases of potential administrative or procedural unfairness.

  2. Addresses long-term impact of a critical work-related injury. Vassallo’s injury occurred while performing undercover police work, and the bill acknowledges that his inability to return to duty was not due to his own negligence, highlighting the importance of supporting public servants injured in the line of duty.

  3. No fiscal impact on the pension system. according to the official fiscal note, allowing this reapplication will not increase costs for the Police and Fire Retirement System, suggesting the change is more about correcting a perceived individual injustice than altering broader pension policy.

  4. Sets a precedent for reconsidering denied disability retirements. while narrowly tailored, this bill could have implications for how the legislature might handle similar cases in the future, potentially encouraging others who feel their disability claims were wrongly denied to seek legislative remedies.

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Who cares

Headline styles

Let Vassallo Reapply for Disability

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

Sponsors

Primary sponsor
Monica Martinez

Senator · Senate District 3

Chair, Domestic Animal Welfare

No co-sponsors yet.

History

  1. Referred to governmental employees
  2. Delivered to assembly
  3. Passed senateVote 60–0
  4. Ordered to third reading cal.880
  5. Reported and committed to rules
  6. Reported and committed to finance
  7. Print number 3904a
  8. Amend and recommit to civil service and pensions
  9. Referred to civil service and pensions
  10. Returned to senate
  11. Died in assembly
  12. Referred to governmental employees
Show 5 earlier actions
  1. Delivered to assembly
  2. Passed senateVote 61–0
  3. Ordered to third reading cal.818
  4. Committee discharged and committed to rules
  5. 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.

A8815Assembly

Let Vassallo Reapply for Disability

In Assembly Committee · Governmental Employees · Sponsor Fred Thiele

Impact 2 · Minimal0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3904--A

2019-2020 Regular Sessions

IN SENATE

February 21, 2019

Introduced by Sen. MARTINEZ -- 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.

LBD09673-03-0

S. 3904--A 2

or before December 31, 2021, 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 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.

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 disabili- ty 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 applica- tions 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 Disabil- ity 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 Investigator 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.