New York State Assembly - Sheldon Silver, Speaker

2005 - 2006
Committee On
Government Employees
Peter J. Abbate, Jr., Chairman



Annual Report

of the

Assembly Standing Committee on

Governmental Employees

Peter J. Abbate, Jr., Chairman

Members of the Committee

Majority

Anthony S. Seminerio
Audrey I. Pheffer
Jeffrion L. Aubry
John J. McEneny
Ann Margaret Carrozza
Michael Cohen
John W. Lavelle
Michael J. Cusick

Minority

2005

Joseph Saladino - Ranking Member
Patricia Acampora

2006

Joseph Saladino - Ranking Member
Robert Barra

Committee Staff

Bernard Bryan, Legislative Coordinator
Diane D’Alessandro, Special Advisor to Counsel (2005)
Charlotte Hitchcock, Deputy Counsel to the Speaker (2006)
Jude Raphael, Senior Legislative Analyst
Christine Epplemann, Committee Clerk
Mona Carter, Program and Counsel Secretary




December 15, 2006

Honorable Sheldon Silver
Speaker, New York State Assembly
932 Legislative Office Building
Albany, New York 12248

Dear Speaker Silver:

I am pleased to submit the 2005-06 Annual Report of the Assembly Standing Committee on Governmental Employees.

My priority as Chairman of the Assembly Governmental Employees' Committee has been to support legislation to provide benefits that improve the working conditions for our State, county and city work forces, and to ensure that these benefits are fiscally responsible to the taxpayers of New York.

In 2005 and 2006, our top priority was not to forget those brave men and women who lost their lives during and after the September 11 disaster. The Committee continued to provide additional benefits for those who participated in the World Trade Center rescue, recovery and clean-up.

We also examined the Taylor Law and its impact on contract negotiations. We expanded the benefits of binding arbitration to additional groups, and we continued to protect our public employee retirees.

This annual report will provide greater details on the accomplishments and report on the various other proposals the Committee considered this year.

I thank all the committee members and staff for their dedication and attention to the needs of our State’s public employees. Additionally, I thank the public employee unions and their representatives as well as the many government officials whose input on legislation was, and is, invaluable.

I thank you for your guidance and support, which were instrumental to the accomplishments of the Committee during the 2005-2006 Legislative Session.

Sincerely,



Peter J. Abbate, Jr.
Member of Assembly




Table of Contents
SUMMARY

World Trade Center Disability Law
Technical Corrections
Accidental Death Benefits
Patriot Plan III Legislation
Partial Lump-Sum Option Plan (PLOP)
Contract Disclosure Bill
Affirmative Action Legislation
Public Pension Fund Investments
Retiree Benefits
Extension of Existing Statutes

APPENDIX A - 2005
   All Bills to Pass Both Assembly and Senate/Signed Into Law

APPENDIX B - 2005-2006
   Bills That Passed the Assembly Only

APPENDIX C - 2005-2006
   All Bills That Passed Both Houses/Vetoed by the Governor

APPENDIX D - 2006
   All Bills to Pass Both the Assembly and Senate

2005 SUMMARY SHEET

2006 SUMMARY SHEET




SUMMARY

The Assembly Standing Committee on Governmental Employees is responsible for legislation pertaining to civil service requirements and regulations, and to public pensions and the public pension systems. Proposals relating to the qualifications of public employees, disciplinary proceedings, the right to organize collective bargaining units, and ratifying collective bargaining agreements are examples of civil service legislation pertaining to the governance of the public employee retirement systems in the State and New York City, and changes to pension benefits.

During the 2005-06 Session, 664 legislative proposals were referred to the Committee. In 2005, the Committee reported 128 bills. Of those proposals, 78 became law and 50 were vetoed. In 2006, the Committee reported 118 bills. Of those proposals, 44 became law and 74 were vetoed.

World Trade Center Disability Law

In 2005, the Legislature passed and the Governor signed into law the World Trade Center (WTC) Disability Law. This law allows certain public employees who participated in the WTC rescue, recovery, and clean-up operation between September 11, 2001, and September 12, 2002, to file a Notice of Participation and a subsequent application for disability benefits with their retirement system. Any disability resulting from specified illnesses contracted by such workers (now or in the future) will be presumed to have resulted from the performance of duty unless rebutted by competent medical evidence.

Chapter 104 of the Laws of 2005 (Assembly bill 6281-A / Abbate) provides a presumption for an accidental disability to certain members and retirees of the NYSLERS, NYCERS, NYC and NYS Police and Fire Retirement Systems who were exposed to the elements during rescue, recovery, and clean-up after the World Trade Center terrorist attack on September 11, 2001.

Technical Corrections

In the 2006 Legislative Session, we revisited the WTC disability law and made necessary technical corrections. The Committee introduced three bills and the Governor signed two of them into law.

Chapter 102 of the Laws of 2006, (A.9962-A / Abbate) provides an accidental disability presumption to certain New York City corrections officers who were involved in the recovery and clean-up after the World Trade Center terrorist attack on September 11, 2001, and who were inadvertently left out of such legislation.

Chapter 44 of the Laws of 2006, (A.10731-A / Abbate) clarifies the original intent of Chapter 93 of 2005, which was to require retired members to file a written and sworn statement, not a request for reclassification of benefits, with the NYCERS indicating their participation in the rescue and recovery efforts related to the September 11th terrorist attacks within 2 years of the effective date of Chapter 93 (June 14, 2007).

The final bill, (A.11929 / Abbate), which would have provided disability benefits to individuals who repaired, cleaned, or rehabilitated vehicles or equipment owned by the City of New York that were contaminated as a result of the September 11, 2001 terrorist attacks on the World Trade Center. The bill would have further provided that such services must have been provided within on year of September 11, 2001. Based on the contentions of the City, the Governor vetoed the bill. (See Veto 318 of 2006)

Accidental Death Benefits

In the five years since the terrorist attack on New York City, health care professionals are not able to fully determine the effects on health and longevity of the WTC responders who endured prolonged exposure to toxins made up of pulverized cement, asbestos, glass, and other contaminants while they were involved I the rescue, recovery, and clean-up operation at ground zero and other locations.

Some of the men and women who responded have developed symptoms of life threatening diseases and illnesses. Disability is not the only consequence. Recently, some of the members have died prematurely from their illnesses, leaving behind loved ones and dependents who cannot continue to receive accidental disability benefits from a deceased member.

Chapter 445 of the Laws of 2006 (A.11255-A / Silver, Abbate, et al) provides accidental death benefits to beneficiaries of certain retirees of the NYSLERS, NYSLP&F, and the NYC Retirement Systems who contracted any form of disease or disability related to exposure to any elements in connection with the World Trade Center attack, and whose death was due to such disease or disability, to be presumptive evidence that such death was the result of an accident and was sustained in the performance of duty.

Patriot Plan III Legislation

Chapter 105 of 2005 (A.8291 / Abbate), known as Patriot Plan III legislation, provides expanded benefits to New York’s military personnel and their families and builds on the historic Patriot I and II plans. This newest plan will ensure that New York continues to provide the most comprehensive benefits package in the nation for military personnel and their families.

The hallmark provision of this new law provides survivors of public employees who give their life while on active duty in the United States Armed Forces with the same death benefits that their survivors would have been entitled to had they died while working as a public employee. In addition to the death benefits, this law provides the survivors with $250,000 worth of term life insurance--Service Member’s Group Life Insurance (SGLI). Finally, the Patriot Plan III legislation provides for the creation of a new "War on Terror" license plate that shall be issued, upon request, to veterans of the Persian Gulf or Afghanistan conflicts.

Chapter 681 of 2005 (A.8856 / Abbate), amends the Patriot Plan III legislation. Subsequent to the introduction of Patriot Plan III, Federal legislation was passed which raised the maximum cap on the SGLI insurance available to member of the armed forces from $250,000 to $400,000. This bill better recognizes the service of public employees who are called to active duty in the armed forces and provides for their families should they die while in active service.

Partial Lump-Sum Option Plan (PLOP)

Partial Lump-Sum Option Plans (PLOPs) are cost-neutral programs provided to retiring members that would allow them to choose to receive a reduced lifetime benefit, in exchange for receiving a portion of their retirement benefit as a lump sum. The monthly retirement benefit is actuarially reduced to account for this upfront distribution.

Chapter 735 of the Laws of 2006 (A.11939-A / Abbate) allows NYSLP&F members who are covered under the provisions of a plan that allows retirement at 20 or 25 years of service regardless of age and who file for a service retirement, to elect an optional form of retirement which would provide for a partial lump sum payment at retirement and a smaller annual retirement allowance thereafter. A member who files for a service retirement after being eligible to retire for 1, 2, or 3 more years shall be eligible to receive a partial lump sum of up to 5%, 10%, or 15% respectively, of the present value of their actuarially determined retirement allowance.

Contract Disclosure Bill

State agencies contract out consulting services involving millions of dollars of public funds each year. These contracts are subject to little public disclosure or oversight. Since the Governor took office the State has awarded over 10,000 separate consultant contracts totaling at least $6 billion between 1995 and 2004, according to the New York State Comptroller’s Office. In many cases, State agencies are hiring consultants for long periods of time and are paying them fees far greater than the amount that it would have cost to hire State employees to do the same work. Also, in some cases, contract employees are being hired to perform duties that are inherently governmental in nature such as inspection or compliance monitoring. The use of contract employees for these functions creates problems of conflict of interest and accountability.

In 2005, the Committee reported and both Houses passed the Disclosure and Accountability Bill (A.6542) which would have provided for greater public disclosure of State government contracts. The measure was vetoed by the Governor.

In 2006, the Committee persevered and reported A.9421 (Lupardo). The proposal passed both Houses and was signed into law by the Governor, thus becoming Chapter 10 of the Laws of 2006.

Chapter 10 requires an annual report by the Department of Civil Service to reveal the number of employees hired contractually to perform services for State agencies. It also expands the types of contracts for consulting services that are required to be reported and must include information about the number of employees hired under those contracts.

Affirmative Action Legislation

In 2005, the New York State Assembly Puerto Rican and Hispanic Task Force released a report documenting the under representation of African Americans and Hispanics in the State government workforce. The report documented systemic problems of access, the lack of administrative action, and the New York State Department of Civil Service’s noncompliance with State rules that are intended to make the civil service system more diverse.

The Committee has always been committed to equal opportunity and diversity in the State government workforce.

In July of 2005, the Governmental Employees, Labor, Governmental Operations Committees, and the Assembly Puerto Rican and Hispanic Task Force held a hearing in New York City to determine the extent of the diversity of the State’s workforce and to examine the under representation of ethnic minorities in such employment when compared the composition and diversity of the State’s population. As a result of that hearing, five legislative proposals, which sought to remedy this situation, were introduced into Committee. Because the Committee has always been committed to equal opportunity and diversity in the State government workforce, all five bills were reported out by the Chair.

A.9926-A (Rivera, P.) would establish the State equal employment opportunity program and the equal employment opportunity duties of the President of the Department of Civil Service, including requiring annual State agency plans and statewide goals and objectives for the employment of women, minorities, persons with disabilities, and all veterans from all agencies and authorities. The bill also establishes an affirmative action advisory council composed of affirmative action officers of State agencies that advise the President of the Department of Civil Service on all existing and proposed policies, procedures and programs relating to or affecting affirmative action. A.9926-A passed the Assembly in 2006; however, the Senate failed to act on the measure.

A.9927-A (Rivera, P.) would require that affirmative action officers and administrators employed by State agencies be employed in positions within the competitive class of civil service. The chief affirmative action officer of each agency would also be required to report directly to the head of that agency. The State would have to implement a continuing education program for affirmative action officers and would have to make this educational program available for at least ten months prior to any employee being required to take a civil service exam to qualify for one of these positions. A.9927-A passed the Assembly and was not acted upon by the Senate.

A.9928-A (Rivera, P.) would have required the Department of Civil Service (DCS) to issue bi-annual reports regarding the number of State employees in each agency who were provisionally or temporarily appointed for a period of more than nine months or eighteen months, respectively. The bill also would have required the report to detail the job title, description, and salary of each such provisional or temporary employee. The bill would further have required the DCS to report on those persons whose temporary or provisional appointment was terminated during the previous six month period, including the reason for such termination and whether such persons were transformed to permanent positions.

A.9928-A passed both Houses and was subsequently vetoed by the Governor on the grounds that much of the information required by this bill is public information that is readily available from DCS upon request. In addition, the Governor vetoed the measure because certain information required by the bill may be viewed as an invasion of personal privacy. (See veto 222 of 2006)

A.9929-A (Rivera, P.) creates a taskforce on diversity that will recommend ways in which to increase the number of minority workers in State service. The taskforce will also look at other pertinent issues such as how to diversify the workforce as it ages out and retires. The taskforce will also review the hiring and recruitment practices of other states and the Federal Government for recruiting and advancing Hispanic and African-American college graduates. A.9929-A passed both Houses and was signed into law by the Governor. (See Chapter 705 of the Laws of 2006).

A.9930-A (Rivera, P.) would compensate multi-lingual workers for their communication skills and would provide supervisory positions for these employees. A.9930-A passed Assembly but was not acted upon by the Senate.

Public Pension Fund Investments

The investment authority of public pension funds is governed by a statutory scheme of permitted investments. Generally referred to as the "legal list" system, it allows only certain types of investments with a variety of limits on the exposure to those investments. As an exception, the law allows the investment of up to 15% of a public pension fund’s assets in investments that are not on the "legal list," as long as those investments are of a type that an expert investor would consider to be prudent in light of the investor’s needs and goals. This exception is called the "prudent investor basket clause."

The advantage of the prudent investor basket clause is that it allows pension funds to use a portion of their assets for prudent investments other than those specified on the legal list, which is crucial in increasing the diversification of the fund and in creating an investment portfolio that meets the risk and return requirements of the retirement system.

The New York State Common Retirement Fund (CRF) is prevented from creating an optional investment portfolio. The current 15% limitation on prudent investor basket clause investments prevents the CRF from investing in a number of attractive asset classes and strategies.

The recent history of large fluctuation in employer contributions argues for a focus on reducing the volatility of returns while achieving the CRF's existing actuarial earnings assumption. The past six years have witnessed a significant increase in the volatility of returns for the CRF. Should the greater reliance on such investments increase the return on investment performance of these funds, it is foreseeable that employer contributions to the pension funds could be reduced.

During the 2005 Legislative Session, Chairman Abbate introduced A.8970, which would have increased (from 15% to 25%), the percentage of total funds that New York’s eight public retirement systems may invest in assets not included in the legal list of investments. The bill passed both Houses, but was vetoed by the Governor.

In 2006, Chairman Abbate persevered and introduced A.10058-A, to expand the prudent investor basket clause to 25%. The bill passed both Houses and the Governor signed the measure into law. Chapter 22 of the Laws of 2006 increases (from 15% to 25%) the percentage of total funds that New York’s eight public retirement systems may invest outside the legal list.

Retiree Benefits

A. Educational Retirees Health Insurance

In recent years, many public employers have abandoned their long-standing policy of providing health insurance coverage for retirees in an attempt to contain or reduce health insurance costs. There is no statutory requirement that local public employers provide health care coverage to retirees. This allows public employers to unilaterally diminish or even eliminate health insurance benefits to retirees. The Committee strongly believes that protecting retirees from the loss or diminution of health care benefits is essential.

Chapter 729 of the Laws of 1994 protects school district retirees by prohibiting school districts from reducing health insurance contributions or changes in benefit plans, unless similar changes for active employees are made. That law was set to expire on May 15, 2006. Because a long-term equitable solution could not be reached, the Committee urged that the law be extended for another year.

Chapter 16 of 2005 (A.3328 / Weinstein) extended that law until May 15, 2006, and Chapter 27 of 2006 (A.9452 / Weinstein) extends the law until May 15, 2007.

B. Health Insurance Protection of Other Retirees

The Committee believes that all public retirees, not just school district retirees, should be protected from unilateral increases in health insurance premiums or decreases in health care coverage. In response, the Committee reported Assembly bill (Abbate) to prohibit any public employer from diminishing the health insurance benefits provided to retirees and their dependents or the contributions for health insurance premiums unless there is a corresponding change applicable to active employees in the period between May 1, 2006 and May 15, 2007.

Assembly 3216-B (Abbate) of 2005, and Assembly 9722 (Abbate) of 2006 passed both Houses but were vetoed by the Governor.

C. Retiree Earnings Limitation

Many public retirees return to public employment after retirement because they have valuable skills and/or depend on employment to supplement their pension income. However, a State law prohibits a retiree from receiving a public pension and a public salary, unless special permission is granted or the income is less than a specific amount.

Chapter 74 of the Laws of 2006 (A.3828-B / Sweeney) provides greater earning capabilities to retirees. It increases the salary, from $27,500 to $30,000, which a retiree who returns to public service can earn from public employment, without a loss in pension benefits.

Extension of Existing Statutes

A number of provisions of the Civil Service Law (CSL) and the Retirement and Social Security Law (RSSL) contain expiration dates. These laws require the Legislature to periodically review those provisions in order to assure that the laws are needed and their intent remains relevant.

Extenders

The Public Employees’ Fair Employment Act (Taylor Law / (CSL 200 et seq.) is a labor relations statue covering all public employees in New York State - whether employed by the State, or by counties, cities, towns, villages, school districts, or public authorities. It was enacted on September 1, 1967. The Taylor Law requires public employee unions to represent both members and non-members of the union on an equal basis. Since the enactment of the Taylor Law, non-members have been entitled to the benefits of working in a union shop. They receive wage increases, fringe benefits, and representation on grievances. These benefits are negotiated by unions with dues money that is contributed by members.

A. Agency Shop Law

The Agency Shop Law, enacted in 1977, requires State employees and, in 1992 local public employees, who are not union members to pay an agency shop fee which is equal to union dues, less the amount used for political or ideological purposes. This law recognizes that the benefits gained by non-union members through representation should be supported by those non-union members. The agency shop law was set to expire on October 1, 2005.

Chapter 31 of the Laws of 2005 (A.4897 / Abbate) extends the Agency Shop Law until October 1, 2007.

Additionally, the Committee reported, and the Assembly passed in 2003 and again in 2004, legislation which would make the agency shop fee a permanent law, therefore ending the current need of enacting ad hoc legislation every two years.

Assembly bill 3533 (Abbate) would have made the agency shop fee law permanent. Unfortunately, the Senate failed to act on this bill.

B. Binding Arbitration for Police and Fire Personnel

The law has a number of special provisions to ensure that critical public services are maintained without disruption. One method to assure continued protection is the requirement of binding arbitration when a labor impasse occurs. Police and fire protection are public services which must be maintained without disruption. Binding Arbitration for police and fire personnel was set to expire on July 1, 2005.

Chapter 30 of the Laws of 2005 (A.2350 / Abbate) extends until July 1, 2007, the binding arbitration provisions of the Taylor Law which are applicable to police and firefighter bargaining units in municipalities.

C. Injunctive Relief

Chapter 695 of the Laws of 1994 made injunctive relief an available remedy to public employees when challenging an improper practice. The Public Employees’ Relations Board (PERB) is required, in cases where it finds a need for an injunction, to petition the Supreme Court for injunctive relief. If the Supreme Court determines that an improper practice probably occurred, and that harm would result if the practice were allowed to continue, it is then authorized to issue a temporary restraining order. Since this law took effect in 1995, it has enabled labor and management to resolve numerous issues. The provisions relating to injunctive relief were set to expire on June 30, 2005.

Chapter 29 of the Laws of 2005 (A.2351 / Abbate) extends, until June 30, 2007, the provisions of the Civil Service Law which relate to injunctive relief.

D. Tier 2 Status for Police Officers and Firefighters

The State retirement system consists of four retirement tiers, and membership in a particular tier depends upon the date on which an employee joined the retirement system. All employees initially joining or re-joining the retirement system after July 1976 are designated as Tier 3 or 4. However, members of the New York State Police and Fire Retirement System hired after July 1, 1976, have been granted Tier 2 status.

Chapter 32 of the Laws of 2005 (A.4370 / Abbate) extends the provisions of Article 11 (Tier 2) of the Retirement and Social Security Law to police officers and firefighters who joined the retirement system on or after July 1, 1976, and prior to July 1, 2007.

E. General Pension Benefits Extender

In 1973 the Legislature determined that changes in retirement benefits payable by a public retirement system should, in the future, be made only by way of coalition negotiations. Accordingly, Section 470 of the Retirement and Social Security Law was enacted to provide that after July 1, 1976, all negotiations between public employers and their employee must be made in the context of coalition bargaining. Section 470 also provided for a temporary suspension of negotiations for improved retirement benefits.

However, since that time, there has been no further legislation implementing a coalition bargaining plan. The extension of this right, as provided in Chapter 92 of the Laws of 2003, would have sunset on June 30, 2005.

Chapter 35 of the Laws of 2005 (A.4249-A / Abbate) extends until July 1, 2007, numerous provisions of the Retirement and Social Security Law. This law, in particular, continues all temporary benefits, public employee contributions, supplemental retirement allowances, Tier 3, and the prohibition against negotiating retirement benefits, with exceptions.

F. Metropolitan Transportation Authority

Chapter 46 of the Laws of 2005 (A.2753 / Abbate) extends to July 1, 2007, the provisions relating to compulsory arbitration to resolve impasses in collective bargaining negotiations between the Metropolitan Transportation Authority, the New York City Transit Authority, and the Triborough Bridge and Tunnel Authority and employee organizations.

G. Lung Presumption Disability Extender

Chapter 103 of the Laws of 2006 (A.10295 / Abbate) extends to June 30, 2008, the provisions of §363-f RSSL, which provides that any condition or impairment of health caused by diseases of the lung, resulting in disability or death to a firefighter shall be presumptive evidence that, unless the contrary be proven by competent evidence, such disability or death was caused by the natural and proximate cause of an accident, and was incurred in the performance and discharge of duty.

H. Expansion of the Lung Presumption for Firefighters

The increased use of plastic and other chemical products in the last two decades has resulted in a qualitative change in the nature of the compounds to which firefighters are exposed to at fires.

Lung disabilities for firefighters exceed that of the average adult population. This increase is due to the proliferation of synthetic chemicals resulting in a firefighter’s exposure in increasing numbers of combustion and off-gassed materials from plastics and other synthetic substances at fires.

Chapter 89 of the Laws of 2005 (A.7267 Abbate) presumes that all lung disease related disabilities and deaths for firefighters are the result of an accident unless the contrary can be proven by competent evidence. The accidental disability benefit would be 75% of FAS less workers’ compensation.

This law is important to firefighters who served to combat the fire and perform the rescue and recovery operations at the World Trade Center after the September 11th attack.




APPENDIX A

2005

ALL BILLS TO PASS BOTH THE ASSEMBLY AND SENATE AND SIGNED INTO LAW

BILL #
SPONSOR
DESCRIPTION CHAPTER #
A. NEW YORK STATE RETIREMENT SYSTEMS
  1. New York State Teachers’ Retirement System (NYSTRS)
A.7142-A
Abbate
Ensures that the NYSTRS is in compliance with the Older Workers’ Benefit Protection Act (OWBPA) by providing disability and death benefits for which the cost incurred on behalf of an older member is no less than the cost incurred on behalf of a younger member. Chapter 559 of 2005
A.7143
Abbate
Allows employer contributions to a defined contribution plan under §401(a) of the Internal Revenue Code (IRC) to be included the 5-year FAS calculation of certain NYSTRS members with a membership date prior to June 17, 1971. Chapter 472 of 2005
A.7146
Cymbrowitz
Provides that any legislation affecting benefits provided by NYSTRS will be in effect on June 30 of the calendar year or earlier. Chapter 497 of 2005
  1. New York State and Local Employees’ Retirement System (NYSLERS) and New York State and Local Police and Firefighter Retirement System (NYSLPFRS)
A.5568-A
Brodsky
Provides improved disability benefits to criminal investigators, senior criminal investigators, deputy chief criminal investigators, and chief criminal investigators who are employed by the Westchester County District Attorney’s office. These investigators will be eligible to receive a performance of duty disability retirement allowance of 50% of FAS, and an accidental disability allowance of 75% of FAS, less any Workers’ Comp payments received. The bill also grants a heart provision that would presume that a heart disability was sustained in the performance of duty, unless the contrary be proven by competent evidence. Chapter 471 of 2005
A.8956
Abbate
Empowers the Comptroller to study and report to the Governor and Legislature on the feasibility of offering deferred retirement options (DROP) and partial lump sum options (PLOP) to members of NYSLERS and NYSLPFRS. Chapter 522 of 2005
A.8982
Aubry
Adds additional job titles in the training academy and the central officer of the Department of Correctional Service in which service will be considered creditable under the 25 year State corrections officer plan. Chapter 592 of 2005
  1. New York State and Local Employees’ Retirement System (NYSLERS), New York State and Local Police and Firefighter Retirement System (NYSLPFRS), and New York State Teachers’ Retirement System (NYSTRS)
A.5969
Nesbitt
Provides that any NYSLERS, NYSLPFRS, or NYSTRS member who was called to active military service on or after September 11, 2001, and prior to January 1, 2006, who is not receiving his or her full salary from a participating employer is otherwise eligible to receive retirement service credit for the active military duty; and, provides that a member shall not be required to make member contributions to receive the service credit. Chapter 326 of 2005
A.6732
Seminerio
Provides that any NYSLERS member, who is required to pay mandatory arrears under §803 RSSL, prior to reinstatement to an original date of membership, and still has amount due, shall, upon application to the Comptroller for reinstatement under §645 RSSL, not be required to pay arrears. Chapter 409 of 2005
A.7734
Seddio
Allows a NYS police and fire retiree on disability to return to gainful employment as an elected public official to continue to receive his or her full pension. Chapter 579 of 2005
  1. New York City (All Systems) NYCERS, NYC Police Pension Fund, New York City Fire Department Pension Fund, TRS and BERS
A.7262-A
Abbate
Ensures that certain NYC Retirement Systems are in compliance with the Internal Revenue Code regarding the transfer of variable supplement funds. Chapter 507 of 2005
  1. All Systems (New York State and New York City)
A.6281-A
Abbate
Provides a presumption for an accidental disability to certain members and retirees of NYSLERS, NYCERS, NYC and NYS Police and Fire who were exposed to the elements during rescue, recovery, and clean-up after the World Trade Center terrorist attack on September 11, 2001. Also enacts the September 11th Worker Protection Task Force Act. Chapter 104 of 2005
A.7263-A
Abbate
Authorizes all public retirement systems in the State to initiate a program that would allow members, at their option, to electronically file retirement system forms. Chapter 506 of 2005
B. NEW YORK CITY PENSIONS
  1. New York City Employees’ Retirement System (NYCERS)
A.3869-A
Seminerio
Permits NYC corrections officers, who were laid off from 5/1/03 to 7/1/04 for economic reasons, to be deemed in continuous service for pension purposes. Chapter 686 of 2005
A.6208
Abbate
Provides NYCERS Tier 3 & 4 corrections officers with up to one year service credit for each period of authorized child care leave. Chapter 477 of 2005
A.6232
Abbate
Provides that service rendered in NYCERS as a peace officer in the title of sheriff, deputy sheriff, marshal, or district attorney investigator shall be deemed police service if such service immediately precedes service in the police force. Chapter 498 of 2005
A.8125
Abbate
Allows transferred-contributors who were eligible to transfer to BERS, on or after January 1, 1990, to transfer within 90 days of the effective date of this legislation. This legislation affects NYC nurses who are ERS members and who were eligible to transfer to BERS but didn’t do so because they were told benefits were the same. This bill deems them members of BERS since the commencement of their employment with BERS. This proposal grants these employees "12 for 10." Chapter 570 of 2005
  1. New York City Police Pension Fund and NYC Fire Department Pension Fund
A.2577
Abbate
Permits a NYC police officer to repay a loan from the Police Pension Fund in installments of two percent of compensation. Chapter 468 of 2005
C. RETIREE BENEFITS
A.3328
Weinstein
Extends until May 15, 2006, the prohibition that a school district, board of cooperative educational services, vocational education, or extension board of a school district may decrease health insurance benefits provided to retirees and their dependents. Chapter 16 of 2005
A.8126
Abbate
Allows a retiree of the NYCERS or BERS with an outstanding loan to repay the loan and have his or her retirement allowance restored to full amount. Benefits payable after the repayment of the loan shall not be subject to the actuarial reduction. Chapter 511 of 2005
D. RE-OPENERS OF LOCAL 20-YEAR PLANS IN 2005

The following laws permit localities to reopen the 20-year retirement plans (§384-d, RSSL) to police officers and fire fighters who, through no fault of their own, were not included in that plan. The locality indicated below, submitted a home rule message to the Legislature and will be responsible for all costs associated with the re-opening of the retirement plan.

A.3713
Calhoun
Town of New Windsor (Orange County) Chapter 291 of 2005
A.4240
Thiele
Village of Quogue (Suffolk County) Chapter 194 of 2005
A.4536
Magee
Village of Canastota (Madison County) Chapter 255 of 2005
A.5104
McDonald
Village of Granville (Washington County) Chapter 85 of 2005
A.5105
Miller
New Hackensack Fire District (Dutchess County) Chapter 369 of 2005
A.5450
Magee
Village of Cooperstown (Otsego County) Chapter 197 of 2005



APPENDIX B

2005 and 2006

BILLS THAT PASSED THE ASSEMBLY ONLY


BILL #
SPONSOR
DESCRIPTION
A.305
Grannis
Would require the State Civil Service Commission to conduct a study to determine positions of comparable worth and assure that positions of comparable worth received equal pay, and to make recommendations to the Legislature in relation to that study. Passed in 05 and 06.
A.1424
Dinowitz
Would provide that all State employees shall be entitled to take up to 8 hours of excused leave on an annual basis to be screened for colon cancer. Passed in 06.
A.2866
Pretlow
Would provide that a person applying for appointment as a firefighter may not be more than 29 years old on the date of the written competitive exam. Passed in 06.
A.2999-A
Abbate
Would permanently protect all retired public employees from unilateral increases in health insurance premiums or decreases in health services unless than is a corresponding decrease applicable to active employees. Passed in 05 and 06.
A.3025
Pretlow
Would allow retired and active school board members with ten years of service to elect to receive State health insurance benefits. Passed in 05.
A.3033
Pretlow
Would provide an appeals mechanism to the civil service commission re: classification or compensation applications which have not been approved within 120 days. Passed in 06.
A.3199-A
Weinstein
Would make permanent the law which prohibits a school district, board of cooperative educational services, vocational education, and extension board of a school district to decrease health insurance benefits provided to retirees and their dependents or the contribution for such health insurance unless there is a corresponding decrease applicable to active employees. Passed in 05 and 06.
A.3504
Seminerio
Would provide up to 24 months compensation to park and En Con police absent for duty because of an occupational injury or disease, with a workers' comp offset. Passed in 06.
A.3749
Scarborough
Would prohibit a public employer from dismissing or taking other adverse personnel action against a public employee regarding the employee’s employment because he/she was absent from work to be certified/re-certified for eligibility for child care public assistance. Requires documentation. Passed in 06.
A.3938
Espaillat
Would provide additional compensation to NYPD employees who know and use a foreign language in the performance of duty. Establishes a language services program. Passed in 05 and 06.
A.5395-A
Abbate
Would make the agency shop fee law permanent. Passed in 05 and 06.
A.5573-A
Eddington
Would provide that a dependent father or mother may receive the special accidental death benefit (50% of salary) of a deceased New York State police officer or firefighter, killed in the line of duty, if there is no surviving spouse or qualified child. Passed in 06.
A.5953-A
Abbate
Would provide that members of NYSLPFRS may obtain retirement credit for up to a one year period for authorized child care leave. Passed in 06.
A.6511-C
Abbate
Would increase (from 10 percent to 20 percent) the average amount of previous wages that may be included when computing final average salary for Tiers 3 & 4 members. Would bring Tiers 3 & 4 into conformity with Tier 2 members. Passed in 06.
A.6517
Abbate
Would make binding arbitration a permanent provision in the Civil Service Law rather than continue the renewal of the year to year sunset which has been renewed since its original enactment in 1973. Passed in 05 and 06.
A.6746-A
Abbate
Would refund the additional 2.3% of mandated salary contributions for the 25 year / age 55 retirement program. Passed in 06.
A.6753-A
Abbate
Would establish a 20 year / age 50 retirement program for NYC transit members and allow a participant in the plan to receive an annual pension equal to 50% of FAS. Passed in 05.
A.6938
Abbate
Would allow retirees (and their dependents) of the Metropolitan Transit Authority (MTA) and its subsidiaries to be reimbursed (100%) for the cost of Medicare Part B premium payments. Currently, MTA retirees only receive a 50% reimbursement while retirees of NYCERS receive 100% reimbursement. Passed in 05 and 06.
A.6940-A
Abbate
Would grant Rose Treiber retroactive membership in Tier 1 of the New York City Teachers' Retirement System. Passed in 05.
A.6955
Carrozza
Would provide an annual leave of absence from duties (up to four hours) for cervical cancer screening to any public officer or employee of the State. Passed in 06.
A.7525-B
Carrozza
Would provide that an unremarried spouse of a State employee, who died prior to April 1, 1979, and deceased subsequent to such retirement, shall be required to pay for health insurance coverage at the same rate as is paid by active employees of the State. Currently, an unremarried surviving spouse of a State employee who retired prior to April 1979, and subsequently died, must pay the full cost of health insurance coverage. However, for a retiree who retired after April 1, 1979, and subsequently dies, his or her unremarried spouse is only required to pay a minimal amount for health insurance coverage. Passed in 06.
A.7627
Canestrari
Would allow SUNY police officers to transfer from one police force or department to another. Passed in 05 and 06.
A.7833-A
DiNapoli
Would allow members of the NYSLP&F Retirement System covered by §384-d and e RSSL to purchase service credit for service rendered as a police department cadet at a reduced cost of 3% of salary. Currently, they must pay the entire past service cost. Passed in 06.
A.7901
Gianaris
Would allow an employee, who has been separated from service because of a disability resulting from an occupational injury or disease, to receive a leave of absence of 365 consecutive days. Some public employers have interpreted the "at least one year" language in §71 CSL to be a cumulative year as opposed to one continuous year. Passed in 05 and 06.
A.8031
Gianaris
Would allow a participant in the improved age 55 plan, per Chapter 96 of 1995, with 30 years of service who is terminated for economic reasons to elect not to withdraw the employee portion of his or her additional member contributions and remain a participant in the age 55 improved benefit program with an immediate payment of an unreduced retirement payment at 55. Passed in 05.
A.8123
Abbate
Would require that collective bargaining agreements between public employee unions and public employers in NYC include arbitration procedures for disciplinary grievances for provisional employees who have served in their positions for a period of at least two years. Passed in 05 and 06.
A.8557
Abbate
Would direct the Comptroller to conduct a study on the feasibility of implementing Deferred Retirement Options Plans (DROP) and Partial Lump Sum Option Plans (PLOP) for NYSLERS and Police and Fire members. Passed in 05.
A.8681-A
Farrell
Would allow the board of trustees of the NYCERS to obtain independent counsel to advise the board on specific matters without the approval of the NYC corporation counsel. Passed in 05 and 06.
A.8934
Abbate
Would increase (from 15% to 25%) the limit on non-legal list investments re: assets of all pension funds; also would allow the State insurance fund to invest 10% of reserves in securities. Passed in 05.
A.9466
Destito
Would prohibit a public employer to compensate any employee in any occupation at a salary less than the salary at which other employees of the opposite sex are compensated for positions or titles which have comparable worth as measured by skill, effort, and responsibility normally required in the performance of work. Passed in 06.
A.9926-A
Rivera, P.
Would ensure that equal employment opportunity and affirmative action is implemented for classified civil service positions in State service. Passed in 06.
A.9930-A
Rivera, P.
Would provide that foreign language skills would be a factor for promotions and salary grades for employees in permanent competitive and non-competitive State service. Passed in 06.
A.10003
Millman
Would grant Justice Gustin L. Reichback with additional service credit in NYSLERS for his service with the United Nations administration mission in Kosovo. Passed in 06.
A.10800
Abbate
Would provide a 75% of FAS disability, less any workers' compensation benefits, for peace and police officers employed by the Department of Taxation and Finance, who become physically or mentally incapacitated for the performance of duties as a result of an injury sustained in the performance and discharge of duties. Also, would provide heart, HIV, tuberculosis, or hepatitis presumptions. Passed in 06.
A.10838
Abbate
Would create an advisory council on investments of the Common Retirement Fund (CRF) and would require an annual actuarial and valuation investments report by the Comptroller. Passed in 06.
A.11020
Abbate
Would allow any permanent employee, whether appointed or promoted to a classified position, to retain his or her former position during a probationary period and have the right to return to that position during such period. Passed in 06.
A.11025
Abbate
Would grant binding arbitration for the resolution of collective bargaining disputes to forest rangers employed by the Parks, Recreation and Historic Preservation. Would provide that such binding arbitration shall only apply to compensation issues and shall not apply to non-compensatory issues such as job security, disciplinary procedures and actions, deployment or scheduling, or issues relating to eligibility for overtime compensation. Passed in 06.
A.11066
Abbate
Would allow a member of NYSLERS or Police and Fire up to 12 months service credit for leave without pay while receiving workers’ compensation benefits. Passed in 06.
A.11178-A
Abbate
Would establish that employee discipline shall be a mandatory negotiable term and condition of employment for collective bargaining purposes. Passed in 06.
A.11838
Pretlow
Would require PERB to intervene when parties have gone a year or more without an agreement in place and would instruct PERB to take necessary steps to ensure the completion of the impasse procedures without delay. Passed in 06.
A.11885-A
Abbate
Would provide for the employer pick up of contributions by public employees for the purchase of credit for prior public service and / or military service in accordance with the provisions of the Internal Revenue Code. Would expand Chapter 691 of the Laws of 2004 (which granted this to NYCTRS members) in terms of affording this benefit to other public employees. Passed in 06.



APPENDIX C
BILL #
SPONSOR
DESCRIPTION VETO #
A.145
Destito
Would have repealed the section of the law (§209 4 (f) CSL, which limits the scope of binding arbitration for NYS corrections officers to exclude disciplinary matters. Would have provided binding arbitration between the State and NYS corrections officers for the resolution of disputes over non-compensatory issues such as discipline, job security, deployment, and scheduling issues. Veto 242 of 2006
A.2142
Karben
Would prohibit the temporary appointment of members of the Security Services collective bargaining unit (SSU), which include State corrections officers, safety and security officers, and seasonal lifeguards. Veto 45 of 2005
A.3221-A
Sweeney
Would have increased the maximum benefit limit for eligible veterans so they can receive the full additional retirement benefit resulting from the purchase of their military service credit. Such credit could have either been purchased under the provisions of 1000 RSSL or obtained under §243 of the Military Law. This would allow the plan benefit limits to increase for certain members covered by §75-I and 75-h, all corrections officers, and members covered by special plans that allow of retirement based only on years of service credit. Veto 360 of 2006
A.3340-A
Destito
Would have allowed Tier 3 corrections officers and Tier 3 Security Hospital Treatment Assistants (SHTAs) the option to elect, when the benefit would be greater, to retire under the provisions of Tier 4. Veto 249 of 2006
A.3358-C
McEneny
Would have permitted SUNY campus public safety officers and SUNY police officers (collectively, SUNY officers) to transfer from NYSLERS to NYSLPFRS. Would have allowed these officers to retire after 25 years of service, regardless of age, with a pension benefit of 50% FAS. Also would have granted an additional 1/60th FAS for each year of service in excess of 25 years, capped at 75% of FAS. Veto 291 of 2006
A.3969
Tokasz
Would have allowed aircraft rescue firefighters of the Niagara Frontier Transportation Authority (NFTA) to enter into binding arbitration procedures with PERB in the event of an impasse in contract negotiations. Veto 10 of 2005
A.4365
McLaughlin
Would have permitted two part-time school crossing guards in NYCERS or BERS, notwithstanding the fact that such employees elected not to join the retirement system at the time of its offering. This bill would have: 1) granted the two part-time crossing guards retroactive membership to the date the retirement plan was offered; 2) entitle them to receive DC 37 health benefits upon retirement; 3) permit them to purchase part-time service credit in the form of a lump sum payment in lieu of future payroll deductions; and 4) establish a six-month window period allowing these two employees to join the retirement system. Veto 55 of 2005
A.4728-A
Tokasz
Would have granted binding arbitration to police officers employed by the Niagara Frontier Transportation Authority (NFTA) for the resolution of collective bargaining disputes involving compensation issues. Veto 94 of 2005
A.5006-A
Gantt
Would have established an optional 25-year / half-pay retirement plan for emergency 911 operators and dispatchers. Veto 365 of 2006
A.5273-A
Cymbrowitz
Would have created a rebuttable presumption that lung disease or certain specified types of cancer incurred by a NYC police officer of firefighter that results in total or partial disability or death was incurred in the performance of duty. The types of cancer covered under the bill included melanoma and any condition of cancer affecting the lymphatic, digestive, hematological, urinary, neurological, breast, reproductive, and prostate systems. Veto 56 of 2005
A.5392-A
Abbate
Would have provided peace and police officers with the NYS Department of Tax and Finance with an optional 25-year / half-pay retirement plan. Would also have provided an additional benefit of 1/60th of FAS for each year of service beyond 25 years, not to exceed 15 years. Veto 361 of 2006
A.5394-A
Abbate
Would have granted binding arbitration to detective-investigators and rackets investigators employed by any office of a District Attorney within New York State. The bill would have also permitted collective bargaining representatives of these employees to opt for local impasse resolution procedures in lieu of binding arbitration. Veto 38 of 2005
A.5397
Abbate
Would have changed the legal standard for obtaining injunctive relief in connection with the filing of an improper practice charge. Veto 252 of 2006
A.5427-A
Abbate
Would have allowed a county that has adopted a 25-year retirement plan for its sheriff, undersheriff, deputy sheriffs, and correctional officers to provide an additional benefit of 1/60th FAS for each additional year beyond 25 years. This benefit would have been capped after 15 additional years (three-quarters of FAS). Veto 253 of 2006
A.5430-A
Abbate
Would have allowed Tier 2 NYSLPFRS members the option of retiring under the career pension plan without a reduction in pension benefits once the member has at least 30 years of credited service and has attained age 55. Currently, such employees must service until age 62 to receive an undiminished pension benefit. Veto 362 of 2006
A.5618
Brodsky
Would have limited the authority of the Director of DOB to withhold salary increases for Management/Confidential (M/Cs). Currently, the Budget Director may withhold any increase in compensation in order to: 1) reflect the job performance of such employees; 2) maintain appropriate salary relationships among employees; 3) reduce State expenditures to acceptable levels; and 4) prevent the payment unwarranted or inappropriate salary increases. Veto 17 of 2005
A.6098
Destito
Would have granted binding arbitration for the resolution of collective bargaining disputes to certain forest rangers and forest ranger captains employed by the State who are designated as peace officers in the Agency Law Enforcement Service (ALES) collective negotiating unit. Veto 83 of 2005
A.6222
Abbate
Would have removed alleged failures by an employer to bargain in good faith from the list of improper practices that can serve as a basis for an application for injunctive relief pending a determination of the charge by a PERB administrative law judge, and establish new procedures for such allegations. PERB would have been required within ten days of receipt of the charge, whether a failure to bargain in good faith had occurred. In the event that PERB would have found that the employer refused to negotiate in good faith and the parties' collective bargaining agreement had expired, the bill would have required PERB to order a one percent increase in the salaries of all bargaining unit members. Would have required PERB to appoint a mediator to assist the parties with their negotiations and to report back to PERB every three months. Upon such report, the bill would require PERB to order an additional one-half percent salary to the bargaining unit member. If the employer attempts to offset any of the penalty salary increases, the employer would be found to have committed a further violation and be subject to an additional one percent salary penalty. In addition, the bill would have reduced the penalties that can be imposed on public employees and employee organizations that participate in illegal strikes. Veto 292 of 2006
A.6223
Abbate
Would have provided that where PERB had found that a public employer had failed to negotiate in good faith, the last offer of the duly recognized or certified representative of the affected public employees would have been deemed the agreement between the public employer and its employees. Such imposed agreement would have remained in effect until changed or modified by mutual agreement of the parities. Veto 364 of 2006
A.6230
Abbate
Would have permitted Tiers 2, 3, and 4 NYCTRS and NYSTRS members employed by school districts to retire with unreduced retirement benefits after completing thirty-five or more years of service regardless of age. Veto 87 of 2005
A.6233-A
Abbate
Would have allowed uniformed members of the NYCPD the option of taking a lump-sum monetary payment in lieu of terminal leave upon retirement. Currently, such members accrue terminal leave at the rate of three days for each year of service and can utilize such leave immediately prior to retirement. Veto 412 of 2006
A.6343
Lentol
Would have provided that an independent hearing officer (IHO) would have presided over disciplinary hearings involving employees who are facing dismissal and represented by a recognized employee organization. If the parties to the proceeding had failed to reach an agreement on who should be the IHO, the hearing officer would have been selected from a list of seven names provided by PERB. The bill would have further provided that the cost of obtaining an IHO would have been equally divided between the parties. Current law provides that a hearing officer must be appointed by the employer. Veto 12 of 2005
A.6384
Abbate
Would have provided that when probationary service is required of any person appointed or promoted to any position within the classified service of a state or local government, the position formerly held by that person will be held open and not filled pending completion of the probationary term. Under current law, permanent competitive class employees who are promoted to a new position are entitled to a leave of absence and to have a hold placed on their previous position pending the completion of a probationary period in their new position. Veto 72 of 2005
A.6542
Lupardo
Would have required DOB, the Department of Civil Service, the Comptroller, and all State agencies to collect and disclose extensive information relating to contracts entered into by State agencies for consulting services. (See A.9421 / Lupardo - contract disclosure bill of 2006; became Chapter 10 of 2006). Veto 114 of 2005
A.6559
Abbate
Would have established an age 50 / 25-yr retirement plan for members of NYCERS employed by NYC Transit Authority as transit cashiers. Transit cashiers would have been permitted to retire upon reaching age 50 and completing 25 years of service with a retirement benefit of 55% of FAS, plus an additional benefit of 1.7 percent of salary for each additional year, up to a maximum of 30 years of service. The bill would have required additional employee contributions of 4.6% of salary. Currently, transit cashiers are in a plan that allows them to retire at age 55 after 25 years of service with a benefit of 50% of FAS, plus an additional 2% of FAS for each year of service up to 30 years and an additional 1.5% of FAS for each year thereafter (55/25 plan). Veto 67 of 2005
A.6752
Abbate
Would have created a presumption that any lung diseases incurred by Tiers 1 and 2 employees of the NYC Transit Authority, or its subsidiary, the Manhattan and Bronx Surface Transit Operating Authority (MaBSTOA), that results in total or partial disability or death was incurred in the performance of duty, provided that the employee passed a physical exam upon the start of employment. Veto 68 of 2005
A.6935
Abbate
Would have clarified and expanded the benefits that NYC detective investigators employed by district attorneys' offices may receive under the 20-yr retirement plan in NYCERS established by Chapter 695 of the Laws of 2004. Under Chapter 695, DA investigators are permitted to retire upon attaining 20 years of service with a retirement benefit of 50% of the final year’s salary, plus 1/60th of FAS for each year of service beyond 20 years. The bill would have permitted these employees to utilize prior service credit in non-investigative titles for credited service rendered prior to the required minimum 20-year period, thereby providing an enhanced benefit of 1/60th FAS for each year of prior service credit in non-DA investigator positions. Veto 86 of 2005
A.6942
Abbate
Would have permitted Tier 2 and 4 members of the NYCERS employed in the uniformed sanitation force of the NYC Department of Sanitation to borrow up to 75% of their member contributions provided that: 1) the member borrows a minimum of $1,000; and 2) the member does not borrow more than once each year. Currently, Tiers 2 and 4 sanitation workers are enrolled in 20-year retirement plans that permit retirement upon completion of 20 years of service without regard to age with a benefit of 50% of FAS. These employees are required to contribute an additional 5.35% of salary to fund this enhanced benefit. This bill would have amended those 20-year retirement plans by repealing provisions that expressly prohibit members from borrowing against their contributions. Veto 109 of 2005
A.6943-A
Abbate
Would have reduced the payment period for additional member contributions (from 30 to 20 years) for NYC sanitation members who have completed 20 years of service, and who were laid off on or after July 1, 1990 for a period of up to 33 months, and subsequently returned to service. These employees would not have been required to make a 2% contribution to NYCERS to purchase prior service credit for the time they were laid off. Veto 39 of 2005
A.7020
Abbate
Would have permitted a school safety agent (peace officer), employed by the NYCPD, who is disabled because of an assault arising out of and in the course of employment, to take a paid leave of absence of up to 18 months. In addition, the bill would have allowed such employee to file a claim for workers’ compensation if granted a leave of absence with pay. The bill would also have provided that the employee would have received the difference between their weekly salary and their workers’ compensation wage replacement benefit without any charge against their annual sick leave. Finally, the bill would have divested from the NYCPD the authority to determine which school safety agents will be approved for paid leaves, and place such authority with the NYC office of Administrative Trials and Hearings. Veto 26 of 2005
A.7021
Abbate
Would have granted an accidental disability pension equal to three-quarters of FAS to Tier 4 peace officers of the NYCERS or BERS, employed as: 1) special officers, 2) parking control specialists, 3) school safety agents, 4) campus peace officers, and 5) taxi and limousine inspectors should such employees have been physically or mentally incapacitated because of an accident sustained in the performance of duty. Veto 18 of 2005
A.7054-A
Abbate
Would have provided an accidental disability retirement benefit to Tier 3 and 4 TBTA officers, sergeants and lieutenants equal to three-quarters of FAS. Currently, Tiers 1 and 2 TBTA members are entitled to a three-quarter accidental disability pension. Tiers 3 and 4 TBTA members receive an accidental disability pension benefit equal to one-third of FAS, in addition to workers’ compensation benefits. Veto 256 of 2006
A.7057-B
Abbate
Would have granted incumbents in the non-competitive and labor classes certain tenure protections when positions are abolished or reduced in rank because of economy, consolidation, abolishment of positions, or curtailment of activities. Under current law, only competitive employees in local governments and only competitive and non-competitive employees in State government are entitled to tenure protections in the event that positions are abolished or reduced due to economy, consolidation, abolishment of positions or curtailment of activities. The tenure protections for such employees consist of the right to be terminated in the inverse order of their hiring and, in the case of a lay off, the right to be re-hired based on seniority. Veto 82 of 2005
A.7058
Abbate
Would have permitted TBTA officers, sergeants, and lieutenants employed by the MTA to retire after 20 years of service, regardless of age. Currently, TBTA officers, sergeants and lieutenants have an age 50/20-year retirement plan which permits such members to retire at age 50 after 20 years of service with a benefit of 50% of FAS plus 1.5% of FAS for each year of service beyond 20 years. The 50/20 plan also requires additional member contributions of 5.5% of compensation for officers and 6.0% of compensation for sergeants and lieutenants. This bill would have maintained the current benefit level and the additional required contributions, but remove the age 50 requirement. Veto 69 of 2005
A.7059
Abbate
Would have allowed a member of NYSLERS or NYSLPFRS up to 12 months of retirement service credit for leave of absence without pay while receiving workers' compensation benefits. In addition, Tier 3 or 4 members with less than 10 years of service would have been required to pay the required 3% employee contribution as if he or she were still earning salary for the first 12 months of such leave. Veto 115 of 2005
A.7110
Abbate
Would have required a binding arbitration panel to consider the special qualifications and training requirements for employees of TBTA who are employed as bridge and tunnel officers (BTOs), and who are designated as peace officers, when making an arbitration award. Under current law, certain employees of the NYC Transit Authority (TA) and the Metropolitan Transportation Authority (MTA) and its subsidiaries are entitled to binding arbitration for the resolution of collective bargaining disputes. Current law also requires a binding arbitration panel to consider five factors in determining awards for the TA and MTA: 1) comparison of wages, hours, fringe benefits, conditions and characteristics of employment of TA and MTA employees with other similarly situated employees; 2) the overall compensation paid to TA and MTA employees; 3) the impact of the binding arbitration award on the financial ability of the employer to pay, on the present fares and on the continued provision of services to the public; 4) the cost of living; and 5)the interest and welfare of the public. This bill would have required the panel to use the following criteria when comparing the duties of BTOs with other employees for the purposes of determining an award: 1) hazards of employment; 2) physical qualifications; 3) educational qualifications; 4) mental qualifications; and 5) job training and skills. Veto 104 of 2005
A.7187
Abbate
Would have repealed the provision in the Civil Service Law that excludes from the scope of binding arbitration between the State and member of the Division of State Police matter relating to non-compensatory issues such as discipline, job security and deployment and scheduling. Veto 61 of 2005
A.7189-B
Abbate
Would have provided health insurance benefits after retirement to certain officers and employees of the MTA who are represented by DC 37. Currently, these employees are required to work at least 25 years in order to receive basic retiree health insurance benefits, whereas DC 37 members in similar titles working for the City are eligible for health insurance coverage after 10 years of credited service. Veto 328 of 2006
A.7191-A
Abbate
Would have established an age 50/25 year retirement program for certain maintenance staff employed by the TBTA. Veto 19 of 2005
A.7192-A
Abbate
Would have required the Division of State Police (DSP) to pay a State police officer his or her full salary and medical and hospital expenses for as long as such officer is injured or sick as a result of an injury sustained in the line of duty. Veto 62 of 2005
A.7193
Abbate
Would have increased (from 10 percent to 20 percent) the cap on overtime and salary increases that are included in the calculation of FAS for Tier 3 and 4 members of the NYCERS and BERS. Currently, the FAS for Tier 3 and 4 members is the average salary earned by the member for any three consecutive years, provided that, if the salary of one year is greater than the other two by more than 10 percent, the amount in excess of the 10 percent is excluded from the calculation. Veto 75 of 2005
A.7195
Abbate
Would have granted one day of additional service credit for each day of accumulated unused sick leave (up to 200 days) to members of the NYSTRS who are instructors in the State School for the Blind and the State School for the Deaf, and who are in the collective bargaining unit designated the Professional, Scientific and Technical Service Unit (PS&T). Veto 15 of 2005
A.7233
Abbate
Would have provided tier retroactivity for certain paraprofessional titles in NYSTRS, NYCTRS, BERS, and NYCERS employed by the NYC Board of Ed. Veto 89 of 2005
A.7243
Abbate
Would have established a 20 year / age 50 retirement plan for members of the NYCERS employed as: 1) deputy city sheriff levels one and two; 2) supervising deputy sheriff, and 3) administrative sheriff. A participant in such plan would have been able to retire with an annual pension of 50% of FAS. In addition, the plan would have offered 1.67% of FAS for each year in excess of 20 with the benefit capped at 75% of FAS. The plan would not have required any additional member contributions in order to receive this enhanced benefit. Veto 57 of 2005
A.7244
Abbate
Would have allowed children of police officers or firefighters killed in the line of duty with an extra 10 points of credit on a civil service exam if the original appointment is in the geographic area where the death occurred. Under current law, such credits are only available in the same municipality in which their parent served. Veto 367 of 2006
A.7301
Abbate
Would have permitted NYC Transit Authority members of NYCERS to obtain pension credit for periods of authorized child care leave. Veto 78 of 2005
A.7350
Abbate
Would have provided a performance of duty disability benefit of 75% of FAS to NYSERS members who are police and peace officers employed by the Department of Taxation and Finance. Additionally, the bill would have granted heart, TB, HIV, and Hepatitis presumptions. Veto 74 of 2005
A.7392-A
Abbate
Would have provided an optional 25-year plan to NYCERS members employed as Fire Protection Inspectors. Veto 76 of 2005
A.7609
Abbate
Would have extended GML §207-c performance-of-duty disability benefits to police officers employed by the Port Authority of New York and New Jersey and the Waterfront Commission of New York Harbor. Under this law, such benefits provide for the full payment of regular salary, fringe benefits, and the cost of all medical treatment and hospital care during such period of disability of certain police officers. Veto 28 of 2005
A.7612
Abbate
Would have increased the mandatory retirement age (from 57 to 60) for employees of the Division of State Police. Veto 73 of 2005
A.7616
Abbate
Would have prohibited reassignment of State employees if the employee objects to such reassignment and the reassignment is to a location other than in the county, or a county contiguous to, the location where the employee is working at the time of the proposed reassignment. Further would have provided that if the employee does not consent to the reassignment and the reassignment is deemed by the employer to be necessary, employers would have been required to offer the appointment on a voluntary basis, based on seniority. If no employee volunteers, the reassignment would have to have been made by choosing the employee with the least seniority. Veto 20 of 2005
A.7619-A
Abbate
Would have imposed time limits for each step of the impasse process under the Taylor Law where the public employer is a city school district or board of education in NYC. Veto 118 of 2005
A.7621
Abbate
Would have permitted a public employee to take a two-year leave of absence if such leave is necessitated by a disability resulting from an occupational injury or disease. The bill would also have permitted an employee to take a 36 month leave if that employee was the victim of an assault on the job. Under current law, public employees are permitted to take a leave of absence for one year for an occupational injury or disease. Current law also permits a public employee who has been terminated upon exhausting his or her workers’ comp benefits to apply for reinstatement to their former position within on year of termination of the disability that required the leave of absence. Veto 95 of 2005
A.7773
Hoyt
Would have included sworn officers of the Department of Public Safety of the Buffalo Municipal Housing Authority in the definition of police officer. By including these officers within the definition of police officer, the bill is intended to grant them the same transfer and reinstatement rights provided to police officers. Veto 44 of 2005
A.7827-A
Abbate
Would have increased the maximum service retirement benefit for Tier 2 police officers and firefighters in the NYSLPFRS and Tier 2 investigators in the NYCERS. Under this bill, the maximum number of years used to calculate a service retirement benefit would rise from 30 to 32 years. Veto 31 of 2005
A.8052
Zebrowski
Would have enhanced the heart disease disability presumption for police officers, firefighters and other public employees who are members of ERS and PFRS. Current law provides police officers in PFRS with a performance of duty heart bill benefit of 50% of FAS with a presumption that heart disease was caused in the line of duty, while firefighters have an accidental disability heart bill benefit of 75% of FAS. This bill would have conformed the police officers heart bill benefit to that of firefighters by deeming the heart bill benefit to be an accidental disability benefit equal to 75% of FAS. The bill would have eliminated the requirements that applicants 1) establish that the member sustained an accident or other incident related to the performance of duty, and 2) provide notice of such accident to the employer. Veto 41 of 2005
A.8074
John
Would have provided tenure protection to all labor class public employees of the State and local governments who have served continuously in their positions for at least 5 years. Such employees could not have been removed or otherwise disciplined for incompetence or misconduct without following the disciplinary procedures set forth in §75 CSL. Currently, there is no requirement to follow such disciplinary procedures with respect to labor class employees. Veto 258 of 2006
A.8241
Abbate
Would have permitted former NYCTRS members who were suspended by the City due to fiscal constraints on or after July 1, 1975 to purchase up to two years of service credit for the period of suspension, provided that any member electing to receive such credit contributes to NYCTRS the amount of any contributions the member would have made if he or she had remained employed during the relevant period of service. The bill would have only applied to NYCTRS and NYSTRS members who have not already received service credit for the period of suspension. Veto 80 of 2005
A.8243-A
Abbate
Would have provided a special accidental death benefit for uniformed court officers and peace officer of the Unified Court System who are killed in the line of duty. Currently, the special accidental death benefit is limited to police officers, firefighters, and corrections officers. Veto 371 of 2006
A.8244
Abbate
Would have granted certain firefighters employed in the Division of Military and Naval Affairs (DMNA) statutory presumptions that would have entitled them to a performance of duty disability pension or an accidental disability pension. Veto 110 of 2005
A.8245
Abbate
Would have established an age 55 / 25 year retirement program for certain Tier 2 and 4 mortuary and quality assurance members of NYCERS employed by the NYC Health and Hospital Corporation, the NYC Department of Health and Mental Hygiene, or certain members of a NYC mayoral or non-mayoral agency. Veto 32 of 2005
A.8246
Abbate
Would have provided that corrections officers who have performed investigative duties for 18 months in the position of detective or investigator in jurisdictions which do not administer exams for such positions would have been designated to the permanent position of detective or investigator. Current law provides for the designation of police officers and deputy sheriffs in jurisdictions other than New York City who have performed investigative duties for 18 months pursuant to a temporary assignment to the permanent position of detective or investigator. Veto 65 of 2005
A.8311
Sweeney
Would have allowed certain service retirees of the New York City public retirement systems who are employed by Suffolk County on September 1, 2005, to earn additional pension benefits from a second career in Suffolk County. Veto 77 of 2005
A.8314
Abbate
Would have allowed climbers and pruners employed by the NYC Parks Department who were suspended due to fiscal constraints on or after July 1, 1991 and who returned to service prior to July 1, 1995 to purchase service credit for the period of suspension, provided that such credit would not have exceeded 25 months. An eligible member would have been required to make additional contributions. Veto 91 of 2005
A.8556
Abbate
Would have made it an improper practice for an employer to deny a public employee the right to representation by an attorney or other representative of the certified or recognized employee organization when the employee is being questioned by the employer and it appears that the employee may be the subject of a potential disciplinary action. Veto 278 of 2006
A.8630-B
Weisenberg
Would have expanded the protections available to public employees who claim to be whistleblowers. The definition of "adverse personnel action" would be expanded to include the elimination of a job title or classification. The bill would also have created a new cause of action for an employee who is the subject of such an action. The bill would have also changed the standard of proof applicable to whistleblower cases. Under current law, the whistleblower defense in a disciplinary proceeding requires a finding that the adverse personnel action was "solely" based on improper retaliation. This bill would have lowered that requirement to a showing that the disciplinary action was "primarily" motivated by retaliation. The bill would have established new protections for public employees who disclose information about an alleged violation that could endanger the welfare of a minor. Veto 370 of 2006
A.8704-A
Abbate
Would have allowed uniformed members of the NYC Fire Department the option of taking a lump-sum monetary payment in lieu of terminal leave upon retirement. Under current law, such members accrue terminal leave at a rate of three days for every year of service and can utilize such leave immediately prior to retirement. Veto 414 of 2006
A.8890
Abbate
Would have permitted members of NYCERS, PFRS, NYSTRS, NYCTRS, BERS, and NYC Fire Department Pension Fund who are eligible to purchase prior service credit or military service credit to make an irrevocable election to purchase such credit through payroll deductions on a pre-tax basis. Veto 107 of 2005
A.8955-A
Canestrari
Would have implemented salary increases for certain employees in the contract colleges operated for the State University of New York (SUNY) by Cornell University and Alfred University. The bill would have also required the continuation of an expired collective bargaining agreement at Alfred University. Veto 333 of 2006
A.8970
Abbate
Would have increased (from 15 percent to 25 percent) the percentage of total funds that New York’s eight public retirement systems can invest in assets not included in the legal list of investments set forth in the RSSL. Veto 22 of 2005
A.9653
Tokasz
Would have granted binding arbitration for the resolution of collective bargaining disputes to aircraft rescue firefighters of the Niagara Frontier Transportation Authority (NFTA). Veto 4 of 2006
A.9654
Tokasz
Would have granted binding arbitration to police officers employed by the Niagara Frontier Transportation Authority for the resolution of collective bargaining disputes involving compensation issues. Veto 5 of 2006
A.9692
John
Would have required the President of the Civil Service Commission to prepare an annual report describing occupational injuries, illnesses, and workers’ compensation experiences for all State agencies. Veto 296 of 2006
A.9722
Abbate
Would have prohibited public employers from diminishing the health insurance benefits of, or the health insurance contributions made for, retired public employees and their dependents for the period from May 1, 2006 until May 15, 2007, unless the public employer has negotiated a corresponding diminution in benefits or contributions for its active employees. Veto 218 of 2006
A.9759
Abbate
Would have increased the maximum service retirement benefit for Tier 2 investigators in the NYCERS and Tier 2 members of the NYSLPFRS from 30 to 32 years. Veto 374 of 2006
A.9802
Abbate
Would have increased (from 10% to 20%) the cap on overtime and salary increases that are included in the calculation of FAS for Tier 3 and 4 members of NYCERS and BERS. Current law provides that the FAS of a Tier 3 or 4 member shall be the average salary earned by the member for any three consecutive years, provided that if the salary in one year is greater than the other two years by more than 10%, the amount in excess of the 10% threshold will be excluded from the calculation. Veto 306 of 2006
A.9803
Abbate
Would have allowed climbers and pruners employed by the NYC Parks Department who were suspended due to fiscal constraints on of after July 1, 1991 and who returned to service prior to July 1, 1995 to purchase service credit for the period of suspension, provided that such credit shall not exceed 25 months. Eligible members would have been required to make additional contributions equivalent to those the member would have paid the he or she been continuously employed during the period of suspension. Veto 299 of 2006
A.9804-A
Abbate
Would have created an enhanced optional retirement plan for investigators employed by the Department of Law. Such investigators would have been able to retire after 25 years of service, regardless of age, with a pension equal to 50% of FAS. An additional 1/60 of FAS would have been granted for each additional year of service, with a maximum benefit of 75% of FAS. Veto 368 of 2006
A.9805
Abbate
Would have established an age 50 / 25 year retirement plan for assistant bridge and tunnel maintainers, bridge and tunnel maintainer, senior bridge and tunnel maintainer and bridge and tunnel supervisors employed by TBTA. Veto 304 of 2006
A.9806
Abbate
Would have created an improved retirement benefit for transit cashier members. The bill would have allowed these members to retire upon reaching age 50 and completing 25 years of service with a pension of 55% of FAS, plus 1.7% of FAS for each additional year of service up to 30 years. The bill would have required additional employee contributions of 4.6% of compensation. Under current law, transit cashiers are in a plan that allows them to retire at age 55 after 25 years of service with a benefit of 50% of FAS, plus an additional 2% of FAS for each year of service up to 30 years and an additional 1.5% of FAS for each year thereafter (55/25 plan). Veto 307 of 2006
A.9845
Abbate
Would have required that persons appointed to the Public Employment Relation Board (PERB) must have served in a neutral capacity for not less than three years prior to such appointment. Under current law, PERB members must be representative of the public, and no more than two members may belong to the same political party. Veto 366 of 2006
A.9846
Abbate
Would have permitted public employees to take an 18 month leave of absence if such leave is necessitated by a disability resulting from an occupational injury or disease. The bill would have also permitted an employer to take up to a two-year leave if that employee was the victim of an assault while on duty. Under current law, public employees are permitted to take a leave of absence for at least one year for an occupational injury or disease. Veto 379 of 2006
A.9847
Abbate
Would have created a separate disciplinary system for the following members of the New York State Police: 1) investigators; 2) senior investigators; and 3) investigative specialists. The bill would have provided that the discipline for such members would be imposed pursuant to the grievance procedure that is currently applicable to contract grievances, a four-step process consisting of a review of the challenged disciplinary decision by three levels of State Police personnel (consisting of the Zone Commander, Troop Commander, and the State Police Superintendent, and ultimately, the fourth step of a review by an outside arbitrator. Under current law, the disciplinary adjudication system for members of the State Police is set forth in 9 NYCRR Part 479 (Rule 3). Pursuant to Rule 3, no member of the State Police can be terminated or suspended without pay for disciplinary reasons without being afforded a hearing at which the member is represented and may examine witnesses. Following the hearing, a member of the board composed of three commissioned officers, one of who is chosen by the subject of the proceeding, makes recommendations and findings of fact to the Superintendent of State Police. The Superintendent then has the authority to render a final disciplinary determination, which is subject to judicial review in State Supreme Court through an Article 78 proceeding. Veto 78 of 2006
A.9848
Abbate
Would have required the Division of State Police to pay a member his or her full salary for as long as that member is injured or becomes sick as a result of the performance of duties. Further, the bill would have required the DSP to pay for all medical treatment and hospital care necessitated by an injury or illness suffered in the performance of duty. If such member had not been granted a disability retirement and a physician determines that the member is capable of light police duty, the bill would have required the DSP to pay full salary to such member. The bill would also have authorized a physician chosen by the DSP to determine whether an injury occurred in the performance of duty and permit such physician to periodically exam a DSP member who receives benefits. Currently, a DSP member who is unable to perform the full range of police work as a result of an injury sustained on duty is permitted to remain out of work at full pay for the earlier of two full years or until such time that he or she is either able to return to full duty or qualify for a disability pension. Also, a member may remain out of work beyond two years by using accrued vacation and sick leave. Veto 375 of 2006
A.9928-A
Rivera, P.
Would have required the Department of Civil Service to issue bi-annual reports regarding the number of State employees in each agency who were provisionally or temporarily appointed for a period of more than 9 months or 18 months, respectively. The bill would also have required the report to detail the job title, description, and salary of each such provisional or temporary employee. Further, the bill would have required DCS to report on those persons whose temporary or provisional appointment was terminated during the previous six month period, including the reason for such termination and whether such persons were transferred to permanent positions. Veto 222 of 2006
A.9934
Abbate
Would have established a statutory presumption that peace officers employed by the Division of Parole who become partially or totally disabled or who die as a result of heart disease shall be presumed to have incurred the disease in the course of their duties and would thus be entitled to a disability pensions equal to 75% of FAS. Veto 373 of 2006
A.9935-B
Abbate
Would have provided that NYSTRS, NYCTRS, BERS, and NYCERS members who were employed by the NYC Board of Education as teacher aids, educational assistants, educational associates, auxiliary trainers, and bilingual professional assistants who were not allowed to join such retirement systems prior to June 30, 1976, to have all the rights, benefits, and privileges to which they would have been entitled had their current membership begun on the date when their original service began. The bill would have further provided that the affected members would not be entitled to a refund of past contributions. Veto 339 of 2006
A.10020
Abbate
Would have provided children and siblings of the uniformed force of the NYC department of sanitation, who were killed in the line of duty on September 11th or during the rescue and recovery period, with an extra 10 points on competitive civil service exams. Veto 376 of 2006
A.10038
Morelle
Would have provided that a belated application for additional credit on a civil service exam as a veteran or disabled veteran, made by an applicant who has already been placed on an eligible list, but subsequent to such placement had been ordered to active military duty, other than training, to a combat theater or combat zone of operations, shall be accepted provided that such list had not expired. Further would have required an individual to make such application within two months after receiving an honorable discharge. Veto 262 of 2006
A.10060
Espaillat
Would have permitted city and county home child day care providers to enter into collectively bargained agreements with the State. Veto 215 of 2006
A.10079
Abbate
Would have required a binding arbitration panel to consider the special qualifications and training requirements for bridge and tunnel officers (BTOs) employed by the TBTA when making an arbitration award. Veto 378 of 2006
A.10082
Lentol
Would have provided that an independent hearing officer would have presided over disciplinary hearings involving public employees who are facing dismissal and are represented by a recognized employee organization pursuant to the Taylor Law. If the parties of the proceedings could not reach agreement on a hearing officer, the bill would have provided that the hearing officer would have been selected by alternately striking from a list of 7 names provided by PERB. The bill would have further provided that the cost of obtaining a hearing officer would have been equally divided between the parties. Would have also provided that the right to an independent hearing officer would have been in addition to any other rights that had been gained through collective bargaining. Currently, the law provides that a hearing officer shall be appointed by the employer when an employee is facing removal or other disciplinary action. Veto 285 of 2006
A.10155
Abbate
Would have excluded matters relating to non-compensatory issues such as discipline, deployment, and scheduling from binding arbitration between the State and the uniformed members of the Division of State Police. Veto 264 of 2006
A.10156-A
Abbate
Would have granted binding arbitration for the resolution of collective bargaining disputes to the employees of the Unified Court System who are members of the 9th Judicial District negotiating unit, Nassau County negotiation unit, Suffolk County negotiating unit, New York City court reporters negotiating unit, New York City court officers negotiating unit, and New York City court clerks negotiating unit. Veto 363 of 2006
A.10157
Abbate
Would have raised (from 57 to 60 years of age) the mandatory retirement age for members of the Division of State Police employed as investigators, senior investigators or investigative specialist. Under current law, all DSP members must retire at the end of the calendar year in which they reach age 57. Veto 377 of 2006
A.10183
Abbate
Would have permitted TBTA officers, sergeants, and lieutenants employed by the MTA to retire after 20 years of service, regardless of age. Under current law, the above mentioned officers have an age 50 / 20 year plan, with a benefit equal to 50% of FAS. The 50 / 20 plan requires additional member contributions of 5.5% for officers and 6.0% of compensation for sergeants and lieutenants. This bill would have maintained the current benefit level and additional required contributions, but remove the age 50 requirement. Further, the bill would have required the regular 3% employee retirement contribution to continue through 20 years of service. Under current law, the obligation to make this contribution ceases after 10 years of service. The bill also would have amended the provisions regarding prior service in another retirement system to provide that such service shall not be credited for the first 20 years of service. Veto 380 of 2006
A.10184
Abbate
Would have granted binding arbitration to detective-investigators and racket investigators employed by any office of a district attorney within New York State. Under current law, detective-investigators who are employed in an officer of a district attorney outside of New York City are not entitled to binding arbitration. Further, the bill would permit collective bargaining representatives of detective-investigators or rackets investigators employed in the office of a district attorney to opt for local impasse resolution procedures in lieu of binding arbitration. Veto 406 of 2006
A.10270
Zebrowski
Would have enhanced the heart disease disability presumption (heart bill benefits) for police officers, firefighters, and other public employees who are members of ERS or PRFS. Current law provides police officers in PFRS with a performance of duty heart bill equal to 50% FAS with a presumption that the heart disease was caused in the line of duty, while firefighters in PFRS have an accidental disability heart bill benefit equal to 75% FAS. This bill would have conformed the PFRS police officer heart bill benefit to that of PFRS firefighters by deeming the heart bill benefit to be an accidental disability benefit equal to 75% FAS. Veto 381 of 2006
A.10273-A
Abbate
Would have added the position of registered nurse or midwife to the list of NYCERS physically taxing positions. Veto 305 of 2006
A.10274
Abbate
Would have provided that employees may not be reassigned without their consent if the reassignment involves a change in their normal work location to a location other than in the same county or a contiguous county. Would have provided that if consent had not been given and if the reassignment was deemed to be a necessity, employees who had held the position would have to have been given at least 12 months notice and the opportunity to transfer to other positions. Veto 280 of 2006
A.10304
Hooper
Would have increased (from age 62 to age 65) the mandatory retirement age of police officers and firefighters who had elected coverage under the provision of §384-d RSSL, which permits retirement after 20 years of service, regardless of age. Veto 384 of 2006
A.10505
Seminerio
Would have allowed officers, sergeants, and non-management lieutenants employed by TBTA to opt into the age 50 / 20 year optional retirement program. Veto 283 of 2006
A.10530
Abbate
Would have granted an accidental disability pension of 75% of FAS to Tier 4 NYCERS and BERS peace officers employed by NYC as: 1) special officers; 2) parking control specialists; 3) school safety agents; 4) campus peace officers; and 5) taxi and limousine inspectors. Veto 383 of 2006
A.10570-A
Abbate
Would have eliminated, over a three-year period, the mandatory retirement contributions for members of the Optional Retirement Program (ORP) with 10 or more years of service. Veto 344 of 2006
A.10842
Lupardo
Would have granted binding arbitration for the resolution of collective bargaining disputes to safety and security officers employed by OMH, OMRDD, or DOH. Veto 403 of 2006
A.10884
Destito
Would have granted binding arbitration for the resolution of collective bargaining disputes to members of the Security Service Unit who are security hospital treatment assistants employed by OMH. Veto 405 of 2006
A.11019
Abbate
Would have provided that any member of the police and fire retirement system who is employed as a police officer for the Port Authority of New York and New Jersey and who is also serving as an officer with the Port Authority Police Benevolent Association would not have been required to retire at age 62, which is the current mandatory retirement age. Veto 268 of 2006
A.11021
Abbate
Would have granted binding arbitration for the resolution of collective bargaining disputes to member of the Security Services Unit who are warrant and transfer officers employed by the Division of Parole. Veto 404 of 2006
A.11023
Abbate
Would have permitted members of BERS of the City of New York employed as loaders and handlers, who were eligible to be covered by the provisions of Chapter 96 of 1995 but failed to elect such coverage, to be deemed to have elected such coverage. Chapter 96 provided certain members the opportunity to retire with an unreduced retirement allowance after attaining the age of 50 and completing 25 years of service. Veto 308 of 2006
A.11024
Abbate
Would have permitted NYC Transit Authority employees who are members of NYCERS to obtain retirement credit for periods of child care leave of up to one year. Veto 314 of 2006
A.11087
Abbate
Would have granted incumbents in positions in the non-competitive and labor classes certain tenure protections when their positions are abolished or reduced in rank because of economy, consolidation, abolition of positions or curtailment of activities. The bill would also provided to such incumbents the right to be terminated in inverse order of hiring and the right to have been re-hired based on seniority in case of layoffs. Under current law, only competitive class employees in local governments and competitive and certain non-competitive employees in State government are entitled to tenure positions in such circumstances. Veto 391 of 2006
A.11088-A
Abbate
Would have added discipline and disciplinary procedures to the statutory definition of "terms and conditions of employment." Would have also provided that the terms of any expired or current agreement or interest arbitration award that relate to discipline would have been valid and enforceable. Veto 309 of 2006
A.11179-A
Abbate
Would have allowed Tier 2, 3, and 4 members of NYSTRS and NYCTRS to retire with unreduced benefits upon completion of 35 years of total service, without regard to age. Under current law, only Tier 1 members are allowed to retire regardless of age upon the completion of 35 years or more of service. Veto 398 of 2006
A.11182
Abbate
Would have made 15 new titles eligible for the improved retirement benefit available to public employees in the City of New York hold "physically taxing" positions. Persons in titles that are deemed physically taxing are eligible for an improved retirement benefit allowing for retirement at age 50 with 25 years of service. The titles that would have been added would have included certain pest control workers, respiratory therapists, cashiers, lock-smiths, crossing guards, school lunch helpers, and medical legal investigators. Veto 310 of 2006
A.11258-A
Abbate
Would have provided that no temporary appointment in State or municipal service may exceed an aggregate of 18 months, except under certain limited conditions. The employees serving in a competitive class position on a temporary basis for an aggregate of 18 months or more would be required to compete in the next open competitive exam in order to remain employed in such title. Such employees would have had their names placed on an "A" eligible list for the position and would have preference over all other applicants, those who would have their names placed on a "B" eligible list. The bill would have further required DCS to report annually regarding temporary appointments. Veto 388 of 2006
A.11261-A
Abbate
Would have changed the legal standard for obtaining injunctive relief in conjunction with the filing of an improper practice charge and to divest courts of any authority to grant a stay of enforcement of any such injunction pending appellate review. Under current law, injunctive relief is available based on a showing that: 1) there is reasonable cause to believe an improper practice has occurred; and 2) immediate and irreparable injury, loss, or damage will render a resulting judgment ineffectual. This bill would have eliminated the irreparable injury requirement and replaced it with a much lower threshold of showing that the maintenance of the status quo is necessary to provide meaningful relief. Veto 313 of 2006
A.11367-A
Abbate
Would have established the presumption that a safety and security officer of OHM who contracts HIV, tuberculosis, or hepatitis did so in the performance of duty. Such a presumption, if not rebutted by competent evidence, would entitle such employees with a disability retirement of 75% of FAS. Veto 402 of 2006
A.11434
Abbate
Would have established a one-year FAS for members of the Division of State Police who retire after 20 years or more of service. The bill would have eliminated the current three-year FAS and the limitation that the annual wages used to calculate a member’s FAS may not exceed 120% of the wages earned in the prior year. Veto 352 of 2006
A.11460
DiNapoli
Would have provided that all service as a deputy sheriff of Nassau County shall be creditable when determining eligibility for the special retirement plan that permits certain members to retire after 20 years of service, regardless of age. Under current law, this plan is limited to deputy sheriffs who spend at least one-half of their time performing criminal law enforcement duties. Veto 393 of 2006
A.11615
Gottfried
Would have established the presumption that any member of NYSLERS who contracts HIV after sustaining a work-related exposure, not caused by the member’s own willful negligence, had contracted such disease in the performance of his or her duties. The bill would also have required a member to file a written notice with the employer within 24 hours of the alleged exposure detailing the circumstances. Such a presumption, if not rebutted by competent evidence, would have entitled such member to a performance of duty disability retirement benefit equal to 75% of FAS. Veto 396 of 2006
A.11634
Abbate
Would have permitted former NYCTRS members who were suspended by the City of New York due to fiscal constraints on or after July 1, 1975, to purchase up to two years of service credit for the period of suspension, provided that any member electing to receive such credit would have contributed to NYCTRS the amount of any contributions the member would have made if he or she had remained employed during the relevant period of service. The bill would have only applied to NYCTRS and NYSTRS members who had not received service credit for the period of suspension. Veto 408 of 2006
A.11674
Abbate
Would have extended the period of unchallenged representation for employee organizations. Under current law, the challenge period begins seven month prior to the expiration of the existing collective bargaining agreement and continues after expiration of the existing collective bargaining agreement until a successor agreement is achieved. The bill would have extended the period of unchallenged representation through the expiration of an existing collective bargaining agreement. Further, if no challenges had been made within the 30 day period following the expiration of such agreement, the period of unchallenged representation would have been extended until one year following such expiration. The period of unchallenged representation could have been extended indefinitely pending the negotiation of a successor agreement. Veto 354 of 2006
A.11711
Abbate
Would have created a presumption that any lung disease (lung bill presumption) incurred by Tier 1 and Tier 2 employees of the NYC Transit Authority, or its subsidiary, the Manhattan and Bronx Surface Transit Operating Authority, that results in total or partial disability or death was incurred in the performance of duty, provided that such employees had passed a physical exam upon or subsequent to the start of employment. Veto 417 of 2006
A.11805
Abbate
Would have established three temporary early retirement incentive programs for certain public employees. Veto 226 of 2006
A.11841
Abbate
Would have extended binding arbitration to any term or condition of employment of deputy sheriffs who are engaged directly in criminal law enforcement activities. Currently, the impasse procedure for such deputy sheriffs limits binding arbitration to matters directly related to compensation. This bill would also have eliminated the requirement that one year elapse from the expiration of the collective bargaining agreement before initiating the arbitration process. Veto 316 of 2006
A.11929
Abbate
Would have provided certain disability benefits to persons who repaired, cleaned, or rehabilitated vehicles owned by NYC that were contaminated as a result of the September 11th terrorist attacks on the World Trade Center. Veto 318 of 2006



APPENDIX D

2006

ALL BILLS TO PASS BOTH THE ASSEMBLY AND SENATE


BILL #
SPONSOR
DESCRIPTION CHAPTER #

A. New York State Retirement Systems

1. New York State and Local Employees’ Retirement System (NYSLERS)

A.10604
Aubry
Makes a technical change to Chapter 592 of the Laws of 2005. Increases the limit on service credit (from 10 years to 12 years) for service rendered by certain NYS corrections officers while assigned to the training academy or the central office of DOCS which will be considered creditable under the 25 year retirement plan for State corrections officers. Chapter 499 of 2006
A.11611
Abbate
Allows employees of the NYS Thruway Authority and the NYS Canal Corporation who are NYSLERS members to be granted additional service credit for up to a maximum of 200 days of unused sick leave. This bill was a result of collective bargaining agreements negotiated between the Thruway Authority and Canal Corporation with various employee organizations representing Authority and Corporation employees. (M/C employees are included) Chapter 719 of 2006
2. New York State and Local Police and Fire Retirement System (NYSLPFRS)
A.11884
Abbate
Authorizes the transfer of membership from either the NYSLP&FRS or the NYC Police Pension Fund to the MTA Police Retirement Program. Chapter 728 of 2006
A.11886
Aubry
Allows certain Tier 3 superintendents of the Department of Correctional Service to receive benefits under the provisions of Article 15 (Tier 4). They must render at least 7 years of service under Article 15 to be eligible for this benefit. Such election shall be irrevocable. Chapter 421 of 2006
A.11939-A
Abbate
Allows certain PFRS members who are covered under the provisions of a plan that allows retirement at 20 or 25 years of service regardless of age, and who files for a service retirement to elect an optional form of retirement which would provide for a partial lump sum payment at retirement, and a smaller annual retirement allowance thereafter. Further provides that such lump sum shall not be eligible for any cost of living adjustments. A member who files for service retirement after being eligible to retire for 1, 2, or 3 or more years shall be eligible to receive a partial lump sum of up to 5%, 10%, or 15%, respectively. Chapter 735 of 2006
3. New York State Teachers' Retirement System (NYSTRS)
A.7145-A
Cusick
Allows members of NYSTRS to obtain credit for public service rendered after the member’s date of membership in the System but credited during a membership in another public retirement system which was not timely transferred to the System. Chapter 675 of 2006

B. NEW YORK CITY PENSION SYSTEMS

1. New York City Employees’ Retirement System (NYCERS)

A.10182
Abbate
Clarifies the granting of service credit to investigator members of NYCERS who are employed by a district attorney’s office and covered by the 20 year retirement program. Chapter 711 of 2006
A.10871
Abbate
Restores retirement credit to certain carpenters or supervisor carpenters, who were laid off because of economy reasons, on or after June 1, 1991, and returned to service no later than July 1, 1993. Chapter 697 of 2006
A.11766
Abbate
Provides that non-supervisory employees in the NYC Transit Authority’s Queens Bus and/or Staten Island Bus Divisions shall be entitled to a refund of all of his or her accumulated additional member contributions with interest. This legislation is the result of the collective bargaining negotiations between the transit authority and Amalgamated Transit Union, Locals 1056 and 726. Chapter 734 of 2006
2. New York City Police Pension Fund and/or NYC Fire Department Pension Fund
A.10836-A
Abbate
Ensures that the reclassification of the position of Chief of the Department from the competitive class to the exempt class will not affect the pension rights of any member appointed to the reclassified position. Chapter 712 of 2006
A.11884
Abbate
Authorizes the transfer of membership from either the NYC Police Pension Fund or the NYSLP&FRS to the MTA Police Retirement Program. Chapter 728 of 2006
3. New York City Teachers’ Retirement System (NYCTRS) and/or Board of Education Retirement System (BERS)
A.11257
Abbate
Permits NYCTRS retirees to repay loans from the tax-deferred annuity accounts through automatic deductions from their monthly retirement allowances. Chapter 267 of 2006
A.11262
Abbate
Reduces (from 60 to 30 days) the time necessary for the NYCTRS to process salary deduction agreements or changes in such agreements for members who participate in the tax-deferred annuity program. Chapter 715 of 2006
4. NYSLERS, NYSLP&F, and NYC (All Systems)
A.7194-C
Abbate
Allows beneficiaries of Tier 2 members of NYLSERS, Police and Fire, and NYC Retirement systems the option to elect to receive death benefits for Increased take Home Pay (ITHP) in the form of an annuity. Current law grants this to Tier 1 members. Chapter 652 of 2006
5. New York City (All Systems)
A.10470
Abbate
Continues the current 8% per annum statutory rate of interest paid by the NYCERS, TRS, BERS, Police Pension Fund, and Fire Department Pension Fund valuing retirement system liabilities for the purpose of computing the amount of employer contributions due for each fiscal year 2008-09. Also establishes a one-year lag methodology for the purpose of computing employer contributions to the five City retirement systems. Chapter 152 of 2006
A.11089
Abbate
Permits retired New York City police officers, corrections officers, deputy sheriffs and fire marshals, who are appointed to the Office of New York City Marshal, and whose compensation comes from fees paid by private entities (not City or public funds), to receive their pension payments while earning compensation from the performance of duties as a City Marshal. Chapter 713 of 2006
C. RETIREE BENEFITS
A.9452
Weinstein
Extends, until May 15, 2007, the law which prohibits a school district, board of cooperative educational services, vocational education, and extension board of a school district to decrease health insurance benefits provided to retirees and their dependents or the contribution for such health insurance unless there is a corresponding decrease applicable to active employees. Chapter 27 of 2006
D. RE-OPENERS OF LOCAL 20-YEAR RETIREMENT PLANS

The following laws permit localities to reopen the 20-year retirement plans (§384-d, RSSL) or (§384-e / additional pension benefits) to police officers and fire fighters who, through no fault of their own, were not included in that plan. The locality indicated below, submitted a home rule message to the Legislature and will be responsible for all costs associated with the re-opening of the retirement plan.

A.9262
Calhoun
Village of Washingtonville (Orange County) Chapter 674 of 2006
A.9917
Parment
Village of Westfield (Chautauqua County) Chapter 217 of 2006
A.10225-A
Schimminger
Village of Kenmore Chapter 601 of 2006
A.10239
Latimer
Village of Port Chester (Westchester County) Chapter 226 of 2006
A.10331
Lifton
Village of Cayuga (Tompkins County) Chapter 604 of 2006
A.11816
Christensen
Town of Clay (Onondaga County) Chapter 733 of 2006
The following laws permit counties to reopen the 20-25 year retirement plan (Article 14-B, RSSL) to deputy sheriffs (road patrol) who, through no fault of their own, were not included in that plan. The counties indicated below submitted a home rule message to the Legislature, and will be responsible for all costs associated with the reopening of the retirement plan.
A.9620
Burling
Permits Wyoming County to reopen the 20 year retirement plan to deputy sheriff Matthew E. Heim. Chapter 206 of 2006
A.11921
Gunther
Permits Sullivan County to reopen the 25 year retirement plan to 5 Sullivan County corrections officers. Chapter 546 of 2006
E. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENTS
A.11658
Abbate
Implements the provisions of the collective bargaining agreement negotiated by the Executive Branch of the State with District Council 37 on behalf of employees who are members of the Rent Regulation Services Unit (RRSU). This law revises the provisions governing longevity payments for said employees. Chapter 111 of 2006
A.11781
Abbate
Implements the provisions of the interest arbitration award between the Executive Branch of the State and the employee organization which represents investigators, senior investigators, and investigative specialists in the Division of State Police (BCI Unit). Chapter 112 of 2006
A.11890
Aubry
Implements the provisions of an interest arbitration award between the Executive Branch of the State and the employee organization which represents members of the Security Services Collective Negotiating Unit who are employed within the State Department of Correctional Services and who are designated as peace officers. Provides retroactive payments and further provides that these payments be included in their entirety in the FAS calculation. Effective as of April 1, 2003 and continues in full force and effect up to and including March 31, 2007. Chapter 113 of 2006
A.11928
Abbate
Reflects an agreement between the State and the Civil Service Employees Association (CSEA) and the Public Employees Federation (PEF) that protects the terms and conditions of employment of 42 former employees of the State Education Department (SED) from the Bativa School for the Blind who were in the unclassified service and have been hired by the Office of Mental Retardation and Developmental Disabilities (OMRDD) into positions in the classified service. Chapter 433 of 2006
A.11945
Canestrari
Enables the City University of New York (CUNY) to implement its November 1, 2002 - September 19, 2007 collective bargaining agreement with NYSUT’s affiliate, the Professional Staff Congress (PSC). The PSC represents 20,000 faculty and professionals at the University. This collective bargaining agreement will provide union members with general wage increases and other improvements in their terms and conditions of employment. Chapter 116 of 2006
F. CIVIL SERVICE
A.3467
Brodsky
Provides county employees around the State a maximum of four hours excused leave annually to obtain a screening for breast cancer. Expands Chapter 362 of 2002 which granted this to State employees and Public Officers. Chapter 566 of 2006
A.9421
Lupardo
Requires the Department of Civil Service to disclose greater information about persons hired by State agencies as consultants on a contract basis. Chapter 10 of 2006
A.10580
Zebrowski
Increases the duration of a special eligible civil service list for certain military members. Chapter 671 of 2006
A.10837
Abbate
Clarifies the intent of Chapter 761 of the Laws of 2005, which gave PERB the authority to make an employee whole for loss of salary and benefits resulting from cease and desist orders driver by unfair labor practices. Authorizes equitable relief in certain circumstances. Chapter 83 of 2006
A.10975
Destito
Provides binding arbitration to forest rangers in the collective bargaining units designated as security supervisors and agency law enforcement services. Chapter 694 of 2006
G. EXTENSION OF EXISTING STATUTES

A number of provisions of the Civil Service Law (CSL) and the Retirement and Social Security Law (RSSL) contain expiration dates. These laws require the Legislature to periodically review those provisions in order to assure that the laws are needed and their intent remains relevant

A.10154
Abbate
Extends, until July 1, 2007, the provisions relating to certain disabilities and death resulting from any condition of impairment of the heart incurred by members of the uniformed force of sanitation departments. Chapter 491 of 2006
A.10223
Lentol
Extends, until July 1, 2009, the period of time which retirement age for TBTA workers would be reduced by four months for each year worked. Chapter 225 of 2006



2005 SUMMARY SHEET

FINAL ACTION ASSEMBLY
BILLS
SENATE
BILLS
TOTAL
BILLS
Bills Reported With or Without Amendment
To Floor; not returning to Committee
16 16
To Floor; recommitted and died
To Ways and Means
126 126
To Codes
7 7
To Rules
9 9
To Judiciary
Total
158 158
Bills Having Committee Reference Changed
To Ways and Means
5 5
To Local Governments
1 1
Total
6 6
Senate Bills Substituted or Recalled
Substituted
63 63
Recalled
1 1
Total
64 64
Bills Defeated in Committee
Bills Never Reported, Held in Committee 378 34 412
Bills Never Reported, Died in Committee
Bills Having Enacting Clause Stricken 1 1
Motion to Discharge Lost
TOTAL BILLS IN COMMITTEE 543 98 641
Total Number of Committee Meetings Held 12



2006 SUMMARY SHEET

FINAL ACTION ASSEMBLY
BILLS
SENATE
BILLS
TOTAL
BILLS
Bills Reported With or Without Amendment  
To Floor; not returning to Committee
19 19
To Floor; recommitted and died
To Ways and Means
101 101
To Codes
18 18
To Rules
12 12
To Judiciary
Total
150
Bills Having Committee Reference Changed
To Ways and Means
2 2
To Codes
1 1
Total
3 3
Senate Bills Substituted or Recalled
Substituted
40 40
Recalled
3 3
Total
43 43
Bills Defeated in Committee
Bills Never Reported, Held in Committee
Bills Never Reported, Died in Committee 431 30 461
Bills Having Enacting Clause Stricken 4 4
Motion to Discharge Lost
TOTAL BILLS IN COMMITTEE 588 73 661
Total Number of Committee Meetings Held 13


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