BILL NUMBER: S5026B
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the general municipal law, in relation to procedures and
other matters related to the receipt or discontinuation of certain bene-
fits
 
PURPOSE:
To ensure that employees subject to determinations regarding their
eligibility for benefits under General Municipal Law § 207-c are
afforded a full and fair opportunity to contest such determinations
through a de novo evidentiary hearing process.
 
SUMMARY OF PROVISIONS:
Section 1 amends General Municipal Law § 207-c by adding a new subdivi-
sion 7, which requires municipalities to provide a de novo evidentiary
hearing upon request by an affected employee who disputes an initial
eligibility determination or discontinuation of benefits. The hearing
shall allow for the presentation of testimonial, documentary, and other
relevant evidence, and shall result in an independent decision by a
hearing officer or arbitrator based solely on the record developed at
the hearing.
The amendment expressly prohibits reliance on an Article 78 proceeding
as a substitute for the evidentiary hearing process and clarifies that
the procedural protections afforded by this subdivision are deemed a
mandatorily negotiable term and condition of employment under the Taylor
Law (Article 14 of the Civil Service Law).
Section 2 provides that the act shall take effect immediately.
 
JUSTIFICATION:
Under current practice, many municipalities subject determinations
related to § 207-c benefits to limited administrative review. Such
proceedings are designed to review municipal actions under an "arbitrary
and capricious"; standard, rather than providing a full factual hearing
with the opportunity to present evidence.
This bill addresses that inequity by mandating a de novo evidentiary
hearing, ensuring that decisions concerning an employee's eligibility
for critical disability benefits are made based on a full and fair
record. The bill affirms that the evidentiary hearing process is a
mandatory subject of collective bargaining, preserving the rights of
labor organizations to negotiate alternative fair procedures if desired.
By creating a clearer, more equitable, and more accessible process for
affected employees, this legislation promotes due process, labor stabil-
ity, and the fair administration of municipal disability benefits.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
Minimal; hearings are already part of due process obligations and will
help municipalities avoid litigation costs.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5026: 201 civil service law, 201(4) civil service law
S5026A: 207-c general municipal law
S5026B: 207-c general municipal law