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A03716 Summary:

BILL NOA03716
 
SAME ASSAME AS S02681
 
SPONSORGunther
 
COSPNSRZebrowski, Thiele, Englebright, Colton, Seawright, Jean-Pierre, Simon, Barnwell, Dickens, Reyes, Cook, Stern, Griffin, Pheffer Amato, Rosenthal D, Fernandez, Darling, Aubry, McDonough, Barclay, Montesano, Palmesano, Brabenec, DiPietro, Blankenbush, Miller B, Smith, Norris, DeStefano, Mikulin, Reilly, Manktelow, Lawler, Durso, Gandolfo, Jackson, Septimo, Giglio JA, Brown, Burdick, Giglio JM, Sillitti, Tannousis, Kelles
 
MLTSPNSRFitzpatrick, Hawley, Hevesi, Jensen, Lupardo, Morinello, Ra, Tague, Walsh
 
 
Establishes a temporary task force on the variable supplements fund program to make findings and recommendations.
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A03716 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3716
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 28, 2021
                                       ___________
 
        Introduced  by M. of A. GUNTHER, ZEBROWSKI, THIELE, ENGLEBRIGHT, COLTON,
          SEAWRIGHT, JEAN-PIERRE, SIMON, BARNWELL, DICKENS, REYES, COOK,  STERN,
          GRIFFIN, PHEFFER AMATO, D. ROSENTHAL, FERNANDEZ, DARLING, AUBRY, McDO-
          NOUGH, BARCLAY, MONTESANO, PALMESANO, BRABENEC, DiPIETRO, BLANKENBUSH,
          B. MILLER,  SMITH,  NORRIS,  DeSTEFANO,  MIKULIN, REILLY, MANKTELOW --
          Multi-Sponsored by -- M. of A. FITZPATRICK, HAWLEY,  HEVESI,  LUPARDO,
          MORINELLO, RA, TAGUE, WALSH -- read once and referred to the Committee
          on Governmental Employees
 
        AN ACT establishing a temporary task force on variable supplements fund
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative intent. The  variable  supplements  fund  (VSF)
     2  program was enacted in 1970 to provide supplementation to the retirement
     3  allowance  of  New  York city police and fire retirement system members.
     4  Since the enactment of the legislation  establishing  the  VSF  program,
     5  much controversy has been generated by the exclusion of disability reti-
     6  rees  from  eligibility  for the benefit. Although a small number of New
     7  York city disability retirees were permitted to receive VSF supplementa-
     8  tion benefits as a result of technical correction  legislation  approved
     9  during  previous  years, the lack of clarity in defining VSF eligibility
    10  and the continued exclusion of most disabled firefighters  from  receipt
    11  of  this  benefit has been a cause of much frustration and confusion for
    12  disability pensioners.
    13    While it is recognized that any amendment  to  the  VSF  will  require
    14  careful  study  and  consideration  of the issues involved, the legisla-
    15  ture's interest in ensuring fairness  and  equity  demand  such  review.
    16  Because  the legislature does not accept this responsibility lightly, it
    17  hereby declares that the establishment of a temporary task force, to  be
    18  known  as  the temporary task force on the variable supplements fund, is
    19  both warranted and required.
    20    § 2. 1. A temporary task force, to be  known  as  the  temporary  task
    21  force on the variable supplements fund, is hereby created to examine and
    22  investigate  such  issues  as are related to the exclusion of disability
    23  pensioners from the variable supplements fund.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02733-01-1

        A. 3716                             2
 
     1    2. The temporary task force shall have the power to:
     2    (a)  conduct  public hearings in furtherance of the performance of its
     3  duties under this act;
     4    (b) issue subpoenas for and to compel attendance of witnesses and  the
     5  production of books, records, documents and other relevant evidence; and
     6    (c)  to  recommend  legislation  consistent  with the purposes of this
     7  section.
     8    3. The task  force  shall  consist  of  eleven  members  appointed  as
     9  follows:
    10    (a) two members who shall be appointed by the governor;
    11    (b)  two  members who shall be appointed by the temporary president of
    12  the senate;
    13    (c) two members who shall be appointed by the speaker of the assembly;
    14    (d) one member who shall be appointed by the minority  leader  of  the
    15  senate;
    16    (e)  one  member  who shall be appointed by the minority leader of the
    17  assembly;
    18    (f) one member who shall be appointed by the mayor of the city of  New
    19  York;
    20    (g) one member who shall be appointed by the state comptroller; and
    21    (h)  one member who shall represent the interest of the affected disa-
    22  bility retirees and who shall be appointed by the chair.
    23    From among such eleven  members,  the  governor  shall  designate  the
    24  chair.   In addition to such eleven voting members, the president of the
    25  uniformed firefighters association of greater New York  or  his  or  her
    26  designee,  the  comptroller of the city of New York or his or her desig-
    27  nee, a member of the board of trustees of the transit  police  officer's
    28  variable  supplements fund or his or her designee, a member of the board
    29  of trustees of the housing police officer's variable supplements fund or
    30  his or her designee, a member of the board of trustees  of  the  transit
    31  police superior officers' variable supplements fund or his or her desig-
    32  nee,  a  member  of the board of trustees of the housing police superior
    33  officers' variable supplements fund or his or her designee, and a member
    34  of the board of trustees of the correction  officers'  variable  supple-
    35  ments fund or his or her designee shall serve as non-voting members. Six
    36  voting  members of the temporary task force shall, at all times, consti-
    37  tute a quorum. Members shall receive no compensation for their services;
    38  members (including non-voting members) who are not governmental  employ-
    39  ees  shall  be  reimbursed for their reasonable expenses incurred during
    40  the performance of  their  duties.    Notwithstanding  any  inconsistent
    41  provision  of  any general, special or local law, no officer or employee
    42  of the state or of any political subdivision thereof shall  forfeit  his
    43  or  her  office  or employment by reason of acceptance of appointment to
    44  the temporary task force.
    45    4. Within one year of the effective date of this  act,  the  temporary
    46  task force shall issue a report containing such findings and recommenda-
    47  tions  regarding  the  eligibility  of disability pensioners of New York
    48  city to receive supplemental payments from the variable supplements fund
    49  and any other matters relating thereto. Such report shall be transmitted
    50  to the governor, the comptroller, the chair of the Senate civil  service
    51  and  pensions  committee  and  the  chair  of  the assembly governmental
    52  employees committee.
    53    § 3. This act shall take effect immediately.
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