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NY S03413

Bill

Status

Engrossed

6/12/2025

Primary Sponsor

Robert Jackson

Click for details

Origin

Senate

2025-2026 General Assembly

AI Summary

  • Amends Civil Practice Law and Rules section 7806 to expand court authority in Article 78 proceedings involving disability pension denials

  • Allows courts to directly grant a disability pension to petitioners when reviewing denials by state or local pension/retirement systems, if the court finds the denial was arbitrary, capricious, and not supported by substantial evidence

  • Currently, courts can only annul or confirm pension determinations and direct respondent action; this bill adds the power to award the pension itself

  • Updates gendered language in the statute to gender-neutral terms ("he" to "such petitioner," "its or his" to "such body's or officer's")

  • Takes effect immediately and applies to all appeals filed but not yet adjudicated at the time of enactment

Legislative Description

Permits court ruling in favor of a petitioner appealing the denial of a disability pension determination to grant disability pension.

Last Action

REFERRED TO JUDICIARY

1/7/2026

Committee Referrals

Judiciary1/7/2026
Judiciary6/13/2025
Judiciary1/27/2025

Full Bill Text

No bill text available