New York A 3972: Relates to eligibility for ordinary disability benefits and re-employment of disability retirees of the New York city police pension fund Tier III plans

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A03972 Summary:

BILL NOA03972A

&nbsp

SAME ASSAME AS S02028-A

&nbsp

SPONSORPheffer Amato

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§506 & 507, R & SS L

&nbsp

Modifies eligibility for ordinary disability benefits and re-employment of disability retirees of the New York city police pension fund Tier III plans.

Go to top A03972 Actions:

BILL NOA03972A

&nbsp

01/30/2025referred to governmental employees

01/07/2026referred to governmental employees

03/24/2026amend and recommit to governmental employees

03/24/2026print number 3972a

Go to topA03972 Committee&nbspVotes:

Go to topA03972 Floor&nbspVotes:

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

Go to topA03972 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3972--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 30, 2025
 ___________

 Introduced by M. of A. PHEFFER AMATO -- 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 to amend the retirement and social security law, in relation to
 eligibility for ordinary disability benefits and re-employment of
 disability retirees of the New York city police pension fund Tier III
 plans

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

 1 Section 1. Section 506 of the retirement and social security law is
 2 amended by adding a new subdivision a-1 to read as follows:
 3 a-1. The provisions of subdivision a of this section shall not apply
 4 to members of the New York city police pension fund. Medical examina-
 5 tion of a police pension member in city-service for ordinary disability
 6 shall be made upon the application of the police commissioner, or upon
 7 the application of such member or of a person acting on such member's
 8 behalf, stating that such member is physically or mentally incapacitated
 9 for the performance of duty and ought to be retired. If such medical
 10 examination shows that such member is physically or mentally incapaci-
 11 tated for the performance of duty and ought to be retired, the medical
 12 board shall so report and the board shall retire such member for ordi-
 13 nary disability.
 14 § 2. Subdivision d of section 507 of the retirement and social securi-
 15 ty law, as added by chapter 890 of the laws of 1976, is amended to read
 16 as follows:
 17 d. If a member shall cease to be eligible for primary social security
 18 benefits before attaining age sixty-five, or, if receipt of social secu-
 19 rity benefits is not a condition for disability benefits hereunder,
 20 shall engage in such employment or business activity as would render

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01285-04-6

 A. 3972--A 2

 1 such member ineligible for social security disability benefits (had [he
 2 or she] such member otherwise been eligible), benefits hereunder shall
 3 cease. Provided, however, if such member is otherwise eligible, the
 4 state civil service department or appropriate municipal commission shall
 5 place the name of such person, as a preferred eligible, on the appropri-
 6 ate eligible lists prepared by it for positions for which such person is
 7 stated to be qualified in a salary grade not exceeding that from which
 8 such person retired. In such event, disability benefits shall be contin-
 9 ued for such member until such member first shall be offered a position
 10 in public service at such salary grade. This subdivision shall not apply
 11 to members of the New York city police pension fund who shall be
 12 governed by section 13-254 of the administrative code of the city of New
 13 York.
 14 § 3. This act shall take effect immediately and shall be deemed to
 15 have been in full force and effect on and after July 1, 2009.
 FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
 SUMMARY: This proposed legislation modifies Ordinary Disability
 Retirement (ODR) eligibility, and provides an additional ODR benefit,
 for Tier 3 members of POLICE by removing the requirements of having at
 least five