LATEST PBA LEGISLATION
INTRODUCED IN ALBANY
(all the following bills have not been signed into law)

This bill would reduce the amount of contribution a police officer must make to the New York City Police Pension Fund and thereby increase each officer's take home pay by approximately 2%.  Needs Home Rule Message.

SUMM:  Directs the Triborough Bridge and Tunnel Authority to establish a no toll policy for use on all projects of the Authority by police officers employed by the City of New York.  LAST ACT; 01/18/00 referred to corporations, authorities and commissions.

SUMM:  Allows transfer of service credit to the NYC Police Pension Fund from the New York State local employees retirement system or the New York state police and firemen retirement system; assures members of the New York City Police Pension system they are entitled to all the retirement credit which they have earned.

LAST ACT:  01/05/00 referred to governmental employees.

Authorizes municipalities to pay full-time permanent police officers full-time salary while they work as a police officer at least 24 hours a week on regular duty while they are enrolled as a student in good standing, for at least 16 credit hours of instruction, in a police, law enforcement, criminal justice or police career oriented course of study & are seeking a baccalaureate or higher degree; certain other specified requirements.

Authorizes the boards of trustees for the State University of New York and the City University of New York to promulgate regulations regarding tuition waivers for up to 2 courses per semester/quarter for police officer students in baccalaureate or higher degree programs at SUNY & CUNY.

Provides that the ordinary death benefit for a police officer or firefighter, who are members of the NYC Police Pension Fund or the NYC Fire Department Pension Fund, respectively, and would have been entitled to a service retirement at the time of his or her death and such death occurs on or after July 1, 2000, shall at the election of the beneficiary, be a lump sum payment equal to the amount of the pension reserve which would have been established had the member retired on the date of his death or the value of the death benefit of the reserve-for-increased-take home pay, whichever shall be greater.

Allows members of the police pension fund to obtain retirement credit for certain periods of child care leave; provides that to be eligible for such credit such members must file with the pension fund by December 31, 2001 or within 90 days following termination of the child care leave, whichever is later; also provides that service credit allowed by this provision shall not exceed one year of credit for each period of authorized child care leave.  Needs Home Rule Message.

SUMM:  Confers jurisdiction upon the New York City Civil Service Commission to hear and decide appeals by police officers subject to disciplinary determinations made pursuant to the Administrative Code of the City of New York.  Needs Home Rule Message.

SUMM:  Provides an additional credit in competitive examinations for the civil service of the city of New York for spouses and children of firefighters and police officers who died in the line of duty. 

SUMM:  Provides for service credit for certain members of public retirement systems who rendered service during periods of military conflict. 

SUMM:  Establishes the offenses of evading the police in the first and second degrees where a person intentionally fails to stop a vehicle within a reasonable period of time after being given a signal to do so. 

SUMM:  Permits members of public retirement systems to obtain a maximum of three years of retirement credit for military duty performed during specified periods of military conflict; provides for costs to be covered by the applying members and the retirement systems. 

SUMM:  Establishes a five year replacement period for soft body ballistic armor vests for police officers after their instant issue or as directed by competent authority.  LAST ACT:  01/05/00  referred to governmental operations.

SUMM:  Increases the monthly supplemental retirement allowances for certain eligible surviving spouses of deceased members or retirees of certain retirement systems from $50 to $200. 

SUMM:  Extends Tier I retirement status to all policemen and firemen who are members of a public retirement system of the state or a municipality thereof regardless of the date on which such members joined retirement system. 

SUMM:  Establishes a supplement fund (SF) for members of the New York City Police Pension Fund; establishes a supplement fund board and provides for its powers, functions and duties. 

SUMM:  Grants additional credit in the amount of 10 points on competitive examinations to children of firefighters and police officers killed in the line of duty. 

SUMM:  Allows members of a public retirement system to receive credit for prior service if such service would have been creditable in a public retirement system at the time such service was rendered; also changes the period of service which a member must render to be eligible to receive service credit for previous service with a public retirement system from five years to two years. 

SUMM:  Provides for the establishment of police training high schools in certain city school districts and provides for further education and employment; establishes preferential admissions criteria for the state and city universities; establishes preferential civil service criteria in the recruitment of police officers. 

SUMM:  Provides for permitting certain members of the NYC Police Department to receive prior service credit; Tier I & II members who entered into service prior to June 30, 1992 with prior membership in another NYSPERS and such prior membership was not already transferred into POLICE, would be permitted to elect the transfer of this membership into POLICE, provided that their elections are made within one year of the effective date of this bill. 

SUMM:  Creates the crime of fleeing and eluding a police officer and makes it a class E felony to intentionally or recklessly flee from a police officer; creates crime of harassment of a police officer and makes it a class A misdemeanor to intentionally or recklessly strike, shove, kick or subject a police officer to physical contact; further upgrades the crime of resisting arrest to a class E felony from a class A misdemeanor. 

SUMM:  Authorizes the trustees or board of education at any school district to employ retired former members of police or sheriff's departments as special security officers for such school district. 

SUMM:  Eliminates the intent  element with respect to the possession of armor piercing ammunition for the crime of criminal possession of a weapon in the 4^th degree. 

SUMM:  Affords police officers serving in foreign countries at the request of the United States government the same civil service and other protections as other public employees serving in the military. 

SUMM:  Relates to the optional retirement after allowable service rendered in the uniformed housing or transit police force by changing the salary base for service rendered after the completion of 20 years of service from the average salary for the period subsequent to the 20-year date to the final rate of salary. 

SUMM:   Allows members of the NYCERS to transfer membership to the New York City Police Pension Fund and receive prior service credit by contributing appropriate amounts to the fund.         

SUMM:  Excludes proprietary companies, certain retired police officers and certain peace officers from requirements of the security guard act; makes provisions on revocation of registration card of security guard convicted of serious offense. 

Summ:  Creates the class A misdemeanor of unlawful failure to obey a police officer while operating a motor vehicle and the class E felony of unlawful fleeing a police officer in a motor vehicle. 

SUMM:  Removes expiration dates of certain chapters relating to rights extended by a public employer to an employee organization in certain cases; and more particularly makes the agency shop fee permanent for public employees under the Taylor Law.  LAST ACT:  02/01/00 rules committee discharged and committed to ways and means.

SUMM:  Extends preferred right to appointment to municipal police training academy to applicants, otherwise qualified, who are survivors of law enforcement officers killed in the line of duty. 

SUMM:  Enacts two new crimes of resisting arrest in the first and second degrees as class D and class E felonies, respectively, punishable by a mandatory term of imprisonment where physical force results in injury to a police officer or peace officer or a third person; makes former crime of resisting arrest the crime of resisting arrest in the third degree, a class A misdemeanor. 

SUMM:  Requires police and fire vehicles to be inspected once each year for safety.

SUMM:  Requires that whenever the investments income of the police pension fund are drawn upon pursuant to NYC Administrative Code such amount shall be a charge to be paid the next fiscal year by the City on New York.

SUMM:  Increases penalties for certain aggravated assaults on police officers or peace officers by juvenile offenders by including a person 14 or 15 years of age who commits such an assault under the definition of juvenile offender. 

SUMM:  Makes dependent children and spouses of police officers, firefighters and volunteer firefighters who are disabled and thereafter unable to provide through their labor for the higher education of such dependents eligible for the same college scholarships enjoyed by children and spouses of such officers who die in the line of duty. 

SUMM:  Established a standard procedure for drug testing of police officers; provides that an employer shall provide all police officers with the employer's written policy which identifies the circumstances under which a police officer may be required to submit to drug testing procedures, the particular test to be utilized and the consequences of a positive test result. 

SUMM:  Provides that intervals between civil service examinations in the case of positions of Sergeant, Lieutenant and Captain of the NYC Police Department, the NYC Transit Police and the NYC Housing Police, shall be no more than two years. 

SUMM:  Provides that whenever a police officer, peace officer, firefighter, firefighter officer or emergency medical technician is bitten, scratched or in any other way involved in the exchange of bodily fluids with a person while performing his official duties, he may cause upon court approval a medical examination to be made of said person to determine whether he or she has AIDS and to determine if such person had committed a crime which resulted from an act committed at the time during which such bodily fluids were exchanged; provides further that a victim of a sex offense who is bitten, scratched or in any other way involved in the exchange of bodily fluids with the person accused of committing such a crime during the commission of such a crime may similarly cause such a medical examination to be made of said accused person. 

SUMM:  Authorizes the testing of persons placed under arrest or detained or taken into custody by a police officer or a peace officer for presence of transmittable diseases in certain cases.  LAST ACT:  01/05/00 referred to health.

SUMM:  Provides that the failure to heed the visual or audible signal to stop given by a police officer in a marked police vehicle shall be a class E felony, and if death or serious bodily injury results therefrom, such offense shall constitute a class B felony; provides for one year revocation of driver's licenses of those convicted thereof; establishes procedure by which vehicles used by an operator failing to heed such signal shall be forfeited. 

SUMM:  Establishes the Police Officer Safety Act of 1999; increases the length of sentence of imprisonment for persons convicted of aggravated assault upon a police officer or peace officer; expands the definition of armor piercing ammunition  (cop killer bullets), and bans possession of armor piercing ammunition and exploding bullets. 

SUMM:  Includes within the crime of Murder in the second degree the Murder of a police officer by a minor thirteen to seventeen years of age or older where such minor knew or should have known that the victim was a police officer and fixes the minimum sentence therefore at not less than twenty years nor more than twenty-five years. 

SUMM:  Provides that communications between police union officials and police union members shall be privileged and confidential. 

SUMM:  Enacts the "Police Officer Vincent Guidice Memorial Act," which provides that it shall constitute Manslaughter in the 1^st degree to cause the death of a peace officer, police officer, firefighter or emergency medical technician with the intent to prevent the performance of their duties.   

SUMM:  Includes striking a police officer in the course of performing his official duties as assault in the third degree, making it a class A misdemeanor.  LAST ACT:   01/05/00 referred to codes.

SUMM:  Provides for the payment of the state university tuition for children of permanently, severely disabled police officers, firemen and volunteer firefighters who attend college. 

SUMM:  Authorizes municipalities to grant real property tax exemption to the surviving spouse of certain police officers or firefighters who are killed in the line of duty. 

SUMM:  Establishes the crime of resisting arrest in the first degree when the crime of resisting arrest in the 2^nd degree is committed using force against the police officer or peace officer making or aiding in the arrest; makes resisting arrest in the first degree a class E felony.  

SUMM:  Requires an attending physician to provide notification to peace officers, firefighters, ambulance workers and other paid or volunteer emergency personnel of exposure to HIV infected persons where such individuals came in contact with such HIV infected persons. 

SUMM:  Creates a class B misdemeanor of evading police in the second degree when a person intentionally fails to bring the vehicle such person is driving to a stop when a visual or audible signal to stop is given by a pursuing police vehicle; creates the class E felony of evading police in the first degree when a person commits evading police in the second degree and serious bodily injury to another results therefrom. 

SUMM:  Makes intentionally refusing to heed and obey the lawful command of a police or peace officer who is identified or identifiable as such a violation punishable by up to 10 days in jail or a $500 fine, or both.  LAST ACT:  01/05/00 Referred To Codes

SUMM:  Establishes the class E felony of aggravated harassment of a police officer, peace officer, court officer, emergency medical technician or paramedic who engaged in official duties is forced by a person to come into contact with blood, seminal fluid, saliva, urine or feces. 

SUMM:  Establishes a complete bar to recovery by persons injured while committing a crime; provides for awarding attorney fees and disbursements to victim.

SUMM: Provides for reimbursement to state agencies, municipal corporations, public benefit corporations or public authorities which employ police officers for upgrading or replacing soft body ballistic armor vests to improve fit or to incorporate advances in technology relating to materials and optional attachments. 

SUMM:  Relates to retirement benefits computed without optional modification for Tier II members of the New York state and local police and fire retirement system; provides that the computation of service retirement benefit computed without optional modification shall equal that payable upon completion of thirty-seven and one-half years of service; provides that members may retire with a service retirement benefit of up to 75% of final average salary. 

SUMM:  Requires safety equipment used by law enforcement officers in performance of duty to meet federal standards or standards established by the commissioner of labor, in consultation with the commissioner of criminal justice services. 

SUMM:  Authorizes the awarding of certain past service credit to members of the NYS and local police and fire retirement system for service while employed as an investigator-trainee for the Waterfront Commission of New York Harbor, police division; provides this service would be credited under the optional 20 year retirement plan. 

SUMM:  Establishes distinctive license plates to be issued at no charge to spouse or child of police officers or firefighters killed in the line of duty. 

SUMM:  Requires the use of independent hearing officers for disciplinary hearings of public employees represented by an employee organization where the employee faces dismissal. 

SUMM:  Provides that members of the New York City Police Department may hold any additional place of public trust or civil emolument or be elected to public office; permits the police or fire commissioner to require such member to be on a leave of absence without pay while holding such position if the commissioner determines that such other position would interfere with the member's performance as a member of the department.  NEEDS HOME RULE MESSAGE

SUMM:  Permits a police officer employed in this state, having written permission and consent from his commanding officer, to own a premises licensed to sell beer and wine coolers at retail for off-premises consumption. 

SUMM:  Creates the crime of fleeing and eluding a police officer and makes it a class E felony to intentionally or recklessly flee from a police officer, creates crime of harassment of a police officer and makes it a class A misdemeanor to intentionally or recklessly strike, shove, kick or subject a police officer to physical contact. 

SUMM:  Completely bars the recovery of damages for personal injury sustained by a person convicted of a crime when such injury occurred during the commission of such crime or while fleeing therefrom. 

SUMM:  Provides that certain death benefits will apply to all new members of a public retirement system and allows current Tier II, 3 and 4 members to be covered by the most advantageous death benefit. 

SUMM:  Provides that the ordinary death benefit for a police officer or firefighter, who would have been entitled to a service retirement at the time of his death and such death occurs on or after July 1, 2000, shall at the election of the beneficiary, be a lump sum payment equal to the amount of the pension reserve which would have been established had the member retired on the date of his death or the value of the death benefit of the reserve-for-increased-take-home-pay, whichever shall be greater.

SUMM:  Provides for the allowance of prior service credit to certain members of the New York state and local police and fire retirement system who served as New York City Police Department or transit officer trainees, and who may have already retired; allows retirees to buy back their time as a New York City police or transit officer trainee.

SUMM:  Authorizes municipalities to provide a real property tax exemption and to determine the extent thereof on real property owned by totally disabled paid or auxiliary policemen, paid or volunteer firefighters, and paid or volunteer ambulance corpsmen; provided they reside in community where they were employed or volunteered and are owner-occupants of the property; also authorizes real property tax exemption to widows of paid or auxiliary policemen, paid or volunteer firefighters, and paid or volunteer ambulance corpsmen if such workers were killed in the line of duty and widow is a residing owner-occupant in community where services were rendered.

SUMM:  Enacts the "Veterans Service Credit Act", encourages the early retirement of veterans by providing retirement eligibility credits of up to three years for military service rendered on active duty as a member of the armed services during certain periods of war or armed conflict. 

SUMM:  Allows eligible members, upon application, to obtain a total of three years of service credit for up to three years of military duty for service rendered during certain listed periods; members may obtain the credit by paying the retirement system.  LAST ACT 01/06/00 AMEND AND RECOMMIT TO CIVIL SERVICE & PENSIONS 01/06/00 PRINT NUMBER 3491C

SUMM:  Grants up to 3 years of service credit to members of the New York state and local employees' retirement system, the New York state and local police and fire retirement system and the New York State Teachers' Retirement System one year prior to retirement, if the member is fifty years old or older and has 20 years of credited service, for military service in World War II, the Korean conflict and the Vietnam conflict, and makes such service credit similarly available to members of retirement systems administered by the City of New York. 

SUMM:  Grants additional credit in the amount of 10 points on competitive examinations to children of firefighters and police in cities with a population of one million or more killed in the line of duty. 

SUMM:  Reduces, from five to two years, the amount of credited service that must be rendered by Tier II, 3 and 4 retirees of the New York state and local retirement systems after returning to public service and rejoining such systems in order to obtain additional pension benefits upon the subsequent retirement. 

SUMM:  Alters the method for calculating retirement credit for unused accumulated sick leave. 

SUMM:  Provides for service credit for certain members of public retirement systems who rendered service during periods of military conflict; provides for credit not to exceed three years; cost are to be borne by the state and participating employers. 

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