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A05744 Summary:

BILL NOA05744A
 
SAME ASSAME AS S05653
 
SPONSORAbbate
 
COSPNSRTitone, Calhoun
 
MLTSPNSR
 
Add SS13-256.1 & 13-361.1, NYC Ad Cd
 
Provides that a member with at least 20 years of creditable police or fire service in the retirement system shall not be precluded from any rights he is entitled otherwise to nor upon retirement shall his benefits be in any way diminished as a result of a discharge or dismissal.
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A05744 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5744--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 28, 2011
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on  Governmental  Employees  --  committee  discharged,  bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation  to  the effect of discharge or dismissal of a police officer

          or firefighter with twenty years of creditable retirement service
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The administrative code of the city of New York is amended
     2  by adding a new section 13-256.1 to read as follows:
     3    § 13-256.1  Discharge  or  dismissal.  a.  Notwithstanding  any  other
     4  provision  of  law,  when a member has attained at least twenty years of
     5  creditable police service in the retirement  system,  the  discharge  or
     6  dismissal  from employment of such person shall not preclude such person
     7  from receiving any rights or benefits to which he or she shall otherwise
     8  be entitled as a member or retired member of the retirement  system  nor

     9  upon  retirement shall his or her benefits be in any way diminished as a
    10  result of such discharge or dismissal.  Such member shall be  deemed  to
    11  be retired on the date of his or her discharge or dismissal from service
    12  for  purposes  of determining his or her rights and benefits as a member
    13  of the retirement system.
    14    b. Notwithstanding anything to the contrary in subdivision a  of  this
    15  section,  a member, other than a member to which article fourteen of the
    16  retirement and social security law is applicable, that has  attained  at
    17  least  twenty years of creditable service in the retirement system shall
    18  forfeit the retirement benefits to which the member would  otherwise  be
    19  entitled  if  the member is convicted under the laws of the state of New

    20  York of a felony, or under the laws of another state or  of  the  United
    21  States  of  an  offense or crime which, if committed in the state of New
    22  York, would be a felony.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09543-02-1

        A. 5744--A                          2
 
     1    c. Nothing in this section shall be construed to in any way modify  or
     2  affect  the rights or benefits of any member of the retirement system to
     3  which article fourteen of the retirement  and  social  security  law  is
     4  applicable.
     5    §  2.  The  administrative  code of the city of New York is amended by

     6  adding a new section 13-361.1 to read as follows:
     7    § 13-361.1  Discharge  or  dismissal.  a.  Notwithstanding  any  other
     8  provision  of  law,  when a member has attained at least twenty years of
     9  creditable fire uniformed force service in the  retirement  system,  the
    10  discharge or dismissal from employment of such person shall not preclude
    11  such  person  from  receiving  any rights or benefits to which he or she
    12  shall otherwise be entitled as a member or retired member of the retire-
    13  ment system nor upon retirement shall his or her benefits be in any  way
    14  diminished  as  a  result  of such discharge or dismissal.   Such member
    15  shall be deemed to be retired on the date of his  or  her  discharge  or

    16  dismissal from service for purposes of determining his or her rights and
    17  benefits as a member of the retirement system.
    18    b.  Notwithstanding  anything to the contrary in subdivision a of this
    19  section, a member, other than a member to which article fourteen of  the
    20  retirement  and  social security law is applicable, that has attained at
    21  least twenty years of creditable service in the retirement system  shall
    22  forfeit  the  retirement benefits to which the member would otherwise be
    23  entitled if the member is convicted under the laws of the state  of  New
    24  York  of  a  felony, or under the laws of another state or of the United
    25  States of an offense or crime which, if committed in the  state  of  New
    26  York, would be a felony.

    27    c.  Nothing in this section shall be construed to in any way modify or
    28  affect the rights or benefits of any member of the retirement system  to
    29  which  article  fourteen  of  the  retirement and social security law is
    30  applicable.
    31    § 3. This act shall take effect immediately.
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