BILL NUMBER: S7529
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the retirement and social security law, in relation to
the eligibility of New York city transit authority employees for
performance of duty disability retirement
 
PURPOSE OR GENERAL IDEA OF BILL:
Relates to extending the benefits of the variable supplements fund for
transit police members of the New York City employees' retirement
system.
 
SUMMARY OF PROVISIONS:
Amends paragraph c of subdivision 1 of section 13-191 of the administra-
tive code of the city of New York to provide for the payment of Transit
Police Officers' and Transit Police Superior Officers' Variable Supple-
ments Funds (VSF) benefits to former New York City Employees' Retirement
System (NYCERS) members who are retired for service from the New York
City Transit Police (TP) between October 1, 1968 and June 30, 1987
(Prior Retirees) with 20 or more years of service.
These benefits would be paid from the following VSFs: Transit Police
Officers' Variable Supplements Fund (TPOVSF), and Transit Police Superi-
or Officers' Variable Supplements Fund (TPSOVSF).
The amount of VSF benefits paid is currently $12,000 per Calendar Year.
These VSF benefits are payable on an annual basis around December 15th
to eligible former NYCERS members for their lifetimes. There are no
optional forms of payment. Upon the death of the NYCERS retiree, VSF
payments cease.
 
JUSTIFICATION:
Former members of the NYC Transit Police that retired from service after
June 30, 1987, presently receive a supplemental benefit from the Vari-
able Supplements Fund ("VSF"). The VSF was enacted into law because of a
fact finders award in 1970 and was granted to members of the NYC Police
and Fire pension funds who retired for service after October 1, 1968.
In the mid-1960s, members of the Transit Police were granted and given
pay and retirement benefit parity. However, the VSF was not bestowed
upon similarly situated members of the department until legislation was
enacted effectively after July 1, 1987. As a result, members were at
parties until unjustly removed on July 24, 1992, as beneficiaries. As a
matter of equity and fairness, the VSF should be granted to all members
of the Transit Police who retired from service after October 1, 1968.
 
PRIOR LEGISLATIVE HISTORY:
2022 Session - Amended and Recommit to Civil Service and Pensions
2020 Session - S8306 - referred to Civil Service and Pensions S.6823-A
by Senator Lanza in
2017-18 Session - referred to Civil Service and Pensions Committee
required home rule from the NYC Council, which was not provided.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
See updated fiscal note for 2025 in bill text.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S7529: 607-b retirement and social security law