BILL NUMBER: S7759
SPONSOR: LANZA
 
TITLE OF BILL:
An act to authorize Frank R. Smith to receive performance of duty disa-
bility retirement benefits
 
PURPOSE:
To authorize Frank R. Smith to receive accidental performance of duty
disability retirement benefits.
 
SUMMARY PROVISIONS:
Section one allows Frank Smith to retroactively receive an accidental
performance of duty disability retirement benefit for undercover duties
performed as a result of exposure to diseases during the course of his
undercover police duties.
Section two sets forth the disbursements of benefits and awards by all
retirement systems Mr. Smith was a member of.
Section three is the effective date.
 
JUSTIFICATION:
As a retired member of the New York City Police Department, Mr. Smith
did not show symptoms of the illnesses caused from diseases acquired
during his numerous undercover assignments until after he was receiving
his police retirement. Although retired, he requested an accidental
Performance of duty" disability retirement benefit but was eventually
denied. Mr. Smith utilized the court process and although they sympathy-
ized with him, The New York State Court of Appeals ruled that the prece-
dent of a legislative solution would be the only remedy for him to
receive an accidental Performance of Duty" disability retirement bene-
fit. This bill would allow Mr. Smith to apply for such benefits that
have been documented by medical records and medical professionals stat-
ing that his illnesses were caused during the course of his employmentas
a member of the New York City Police Department.
 
LEGISLATIVE HISTORY:
2024: S.7407-A - Referred to Civil Service/A.7734-A - Referred to Gov.
Employees
2023: S.7407 - Referred to Civil Service/A.7734 - Referred to Gov.
Employees
2022: S.7181-A - Referred to Civil Service
2021: S.7181 - Referred to Rules
 
FISCAL IMPLICATIONS:
See fiscal note from the New York City Actuary after section three of
the bill.
 
EFFECTIVE DATE:
Immediately.