NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4575
SPONSOR: Gunther TITLE OF BILL:
An act establishing a temporary task force on variable supplements fund
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of the bill is to establish a task force to make a final
determination of whether or not disabled NYPD and FDNY retirees are
entitled to receive VSF supplementation benefits.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Legislative intent.
Section 2: Subsection 1: Creates the temporary task force to be known as
the temporary task force on the variable supplements fund. Subsection
2: Gives the task force the power to conduct public hearings, issue
subpoenas for and to compel attendance of witnesses and the production
of books records documents and other relevant evidence in order to
recommend legislation consistent with the purposes of this section.
Subsection 3: The task force shall consist of 11 members appointed as
follows: two from the Governor, two from the Temporary President of the
Senate, two from the Speaker of the Assembly, one from the Minority
Leader of the Senate, one from Minority Leader of the Assembly, one from
the Mayor of New York City, one from the State Comptroller, and one who
shall represent the interest of the affected disability retirees to be
appointed by the Chair. The Governor shall designate the chair. In addi-
tion to these members, the Comptroller of NYC, the President of the
Uniformed Firefighters Association of Greater NY, a member of the board
of trustees of the transit police officers variable supplements fund, a
member of the board of trustees of the housing police officers variable
supplements fund, a member of the board of trustees of the transit
police superior officers variable supplements fund, a member of the
board of trustees of the housing police superior officers variable
supplements fund, and a member of the board of trustees of the
correction officer s variable supplements fund (or their designees)
shall serve as non-voting members. Six members shall constitute a
quorum. Members shall receive no compensation but members who are not
governmental employees shall be reimbursed for their reasonable expenses
incurred during the performance of their duties. Subsection 4: Within
one year of this act becoming law, the temporary task force shall issue
its report containing its findings and recommendations.
Section 3: The effective date.
JUSTIFICATION:
The variable supplements fund (VSF) program was enacted in 1970 to
provide supplementation to the retirement allowances of New York City
police and fire retirement system members. Since the inception of the
VSF program, controversy has been generated due to the exclusion of
disabled retirees from this benefit.
The lack of clarity in defining VSF eligibility and the exclusion of
most disabled police and firefighters has been a cause of frustration
and confusion for disability petitioners. The existing documentation
regarding VSF eligibility is inconclusive, prompting the need for a task
force to make a final determination.
PRIOR LEGISLATIVE HISTORY:
2021-22: A3716 Held in Governmental Employees/S2681 referred to Civil
Service
2019-20: A6020A referred to Governmental Employees/S3107A committed to
Rules
2017-18: A480 Held in Governmental Operations/S1421 referred to Civil
Service
2015-16: A7322 referred to Governmental Operations/S1031A referred to
Civil Service
FISCAL IMPLICATIONS:
Minimal.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4575
2023-2024 Regular Sessions
IN ASSEMBLY
February 17, 2023
___________
Introduced by M. of A. GUNTHER, ZEBROWSKI, THIELE, COLTON, SEAWRIGHT,
JEAN-PIERRE, SIMON, DICKENS, REYES, COOK, STERN, PHEFFER AMATO,
D. ROSENTHAL, DARLING, AUBRY, McDONOUGH, BARCLAY, PALMESANO, BRABENEC,
BLANKENBUSH, MILLER, SMITH, NORRIS, DeSTEFANO, MIKULIN, REILLY, MANK-
TELOW, DURSO, GANDOLFO, JACKSON, SEPTIMO, J. A. GIGLIO, K. BROWN,
BURDICK, J. M. GIGLIO, SILLITTI, TANNOUSIS, KELLES, WALLACE, LAVINE,
BYRNES, MEEKS -- read once and referred to the Committee on Govern-
mental 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.
LBD04163-01-3
A. 4575 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.
