New York A 3838: Relates to procedures and other matters related to the receipt or discontinuation of certain benefits

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 - This bill is not active in this session.

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A03838 Summary:

BILL NOA03838B

&nbsp

SAME ASSAME AS S05026-B

&nbsp

SPONSORJones

&nbsp

COSPNSRGriffin

&nbsp

MLTSPNSR

&nbsp

Amd 207-c, Gen Muni L

&nbsp

Requires that all procedures and other matters related to the receipt or discontinuation of benefits available under section two hundred seven-c of the general municipal law shall be subject, upon request of the affected employee, to a de novo evidentiary hearing.

Go to top A03838 Actions:

BILL NOA03838B

&nbsp

01/30/2025referred to governmental employees

04/29/2025amend (t) and recommit to governmental employees

04/29/2025print number 3838a

05/22/2025amend and recommit to governmental employees

05/22/2025print number 3838b

05/28/2025reported referred to codes

09/08/2025enacting clause stricken

Go to topA03838 Committee&nbspVotes:

Committee:GOVERNMENTAL EMPLOYEES Chair:Pheffer Amato 
DATE:05/28/2025AYE/NAY:14/0 Action: Favorable refer to committee Codes Pheffer AmatoAyeDeStefanoAye

ColtonAyeReillyAye

SantabarbaraAyeGiglioAye

EichensteinAyeTannousisAye

McDonaldAye

BurkeAye

GriffinAye

CarrollAye

RomeroAye

YegerAye

Go to topA03838 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03838 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3838--B

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 30, 2025
 ___________

 Introduced by M. of A. JONES -- read once and referred to the Committee
 on Governmental Employees -- committee discharged, bill amended,
 ordered reprinted as amended and recommitted to said committee --
 again reported from said committee with amendments, ordered reprinted
 as amended and recommitted to said committee

 AN ACT to amend the general municipal law, in relation to procedures and
 other matters related to the receipt or discontinuation of certain
 benefits

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 207-c of the general municipal law is amended by
 2 adding a new subdivision 7 to read as follows:
 3 7. Any determination by a municipality regarding an employee's initial
 4 eligibility for, or discontinuance of, benefits under this section shall
 5 be subject, upon request of the affected employee, to a de novo eviden-
 6 tiary hearing. Such hearing shall afford all parties the opportunity to
 7 present testimonial, documentary, and other evidence that is material
 8 and relevant to the determination. The hearing officer or arbitrator
 9 shall make an independent determination based on the evidence presented,
 10 and shall not be limited to reviewing the municipality's determination
 11 under an arbitrary and capricious standard. Under no circumstances shall
 12 a proceeding pursuant to article seventy-eight of the civil practice law
 13 and rules be considered a reasonable substitute for the evidentiary
 14 hearing required by this subdivision. Nothing in this subdivision shall
 15 preclude the parties from negotiating additional or alternative proce-
 16 dures through collective bargaining, provided such procedures afford the
 17 affected employee a full and fair opportunity to be heard. Notwith-
 18 standing any local law, ordinance, resolution, or charter provision to
 19 the contrary, this evidentiary hearing process provided for by this
 20 subdivision shall be deemed a mandatorily negotiable term and condition
 21 of employment under article fourteen of the civil service law.
 22 § 2. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08272-05-5

Go to top 

• 

 Sitemap 

 Request Information 

 Directions and Maps