Modifies eligibility for ordinary disability benefits and re-employment of disability retirees of the New York city police pension fund Tier III plans.
Summary
S02028 amends the Retirement and Social Security Law to change ordinary disability retirement rules for members of the New York City Police Pension Fund, specifically Tier III police members. The bill removes the current requirement that a Tier III police member have at least five years of credited service and be eligible for primary Social Security disability benefits in order to receive an ordinary disability retirement benefit. Instead, a member may be retired for ordinary disability if the police commissioner, the member, or someone acting on the member’s behalf applies for a medical examination and the medical board finds the member physically or mentally incapacitated for duty and ought to be retired.
The bill also revises re-employment and benefit-offset rules that currently apply to disability retirees under section 507 of the Retirement and Social Security Law. For New York City police pension fund members, those provisions would no longer be governed by the general state rule in section 507(d) and would instead be controlled by the city’s administrative code. The act is made effective immediately and is retroactive to July 1, 2009, indicating an intent to reach back and treat the change as if it had been in force since that date.
Impact
The bill would primarily affect the pension eligibility and disability-retirement rights of active and separated Tier III members of the New York City Police Pension Fund. It would broaden access to ordinary disability retirement by eliminating two existing eligibility barriers—minimum credited service and Social Security disability eligibility—and would shift the governing standard to a medical-board determination of incapacity. The fiscal note indicates the change would increase employer contributions, with the cost borne entirely by New York City, and would alter the actuarial liabilities of the police pension system.
Sentiment
The available voting history suggests the bill was received favorably in committee, passing the Senate Civil Service and Pensions Committee unanimously by a 7-0 vote on May 6, 2025. No committee transcript is provided, so there is no recorded floor or committee debate to show broader support or opposition. The fiscal note, however, signals that the proposal has meaningful cost implications, which may be the main practical concern even though the committee vote itself was unanimous.
Contention
The main policy tension is between expanding disability retirement access for police officers and the resulting pension cost to New York City. Supporters appear to favor removing Social Security disability and service-length hurdles so that medically disabled officers can qualify based on the police medical board’s determination alone. Potential critics would likely focus on the increased employer contributions, the retroactive effective date, and the fact that the bill creates a special rule for NYC police pension fund members rather than applying the general state disability-retirement framework. The bill text also distinguishes these members from other disability retirees by exempting them from the usual section 507(d) re-employment rules.
Same As
Modifies eligibility for ordinary disability benefits and re-employment of disability retirees of the New York city police pension fund Tier III plans.
Modifies eligibility for ordinary disability benefits and re-employment of disability retirees of the New York city police pension fund Tier III plans.
Provides an ordinary disability benefit for tier 3 enhanced plan members of the New York city fire department pension fund which is equivalent to the tier 2 benefit.
Authorizes Frank Smith, a New York city police detective, to receive accidental performance of duty disability retirement benefits for illness suffered as a result of exposure to disease during undercover assignments as a member of the police department of the city of New York.
Authorizes Frank Smith, a New York city police detective, to receive accidental performance of duty disability retirement benefits for illness suffered as a result of exposure to disease during undercover assignments as a member of the police department of the city of New York.
Allows members of the New York city fire department pension fund to obtain service credit for retirement eligibility and retirement allowance from any of the public retirement systems of New York state.