New York S 2028: Relates to eligibility for ordinary disability benefits and re-employment of disability retirees of the New York city police pension fund Tier III plans

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. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S02028 Summary:

BILL NOS02028A

&nbsp

SAME ASSAME AS A03972-A

&nbsp

SPONSORJACKSON

&nbsp

COSPNSRCLEARE, PALUMBO

&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 S02028 Actions:

BILL NOS02028A

&nbsp

01/15/2025REFERRED TO CIVIL SERVICE AND PENSIONS

05/06/2025REPORTED AND COMMITTED TO FINANCE

01/07/2026REFERRED TO CIVIL SERVICE AND PENSIONS

03/27/2026AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS

03/27/2026PRINT NUMBER 2028A

Go to topS02028 Committee&nbspVotes:

Go to topS02028 Floor&nbspVotes:

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

Go to topS02028 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2028--A

 2025-2026 Regular Sessions

 IN SENATE

 January 15, 2025
 ___________

 Introduced by Sens. JACKSON, CLEARE, PALUMBO -- 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 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,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01285-03-6

 S. 2028--A 2

 1 shall engage in such employment or business activity as would render
 2 such member ineligible for social security disability benefits (had [he
 3 or she] such member otherwise been eligible), benefits hereunder shall
 4 cease. Provided, however, if such member is otherwise eligible, the
 5 state civil service department or appropriate municipal commission shall
 6 place the name of such person, as a preferred eligible, on the appropri-
 7 ate eligible lists prepared by it for positions for which such person is
 8 stated to be qualified in a salary grade not exceeding that from which
 9 such person retired. In such event, disability benefits shall be contin-
 10 ued for such member until such member first shall be offered a position
 11 in public service at such salary grade. This subdivision shall not apply
 12 to members of the New York city police pension fund who shall be
 13 governed by section 13-254 of the administrative code of the city of New
 14 York.
 15 § 3. This act shall take effect immediately and shall be deemed to
 16 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