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NY S03413
Bill
Status
6/12/2025
Primary Sponsor
Robert Jackson
Click for details
AI Summary
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Amends Civil Practice Law and Rules section 7806 to expand court authority in Article 78 proceedings involving disability pension denials
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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
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Currently, courts can only annul or confirm pension determinations and direct respondent action; this bill adds the power to award the pension itself
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Updates gendered language in the statute to gender-neutral terms ("he" to "such petitioner," "its or his" to "such body's or officer's")
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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