A 3838: Requires that all procedures and other matters related to the receipt or discontinuation of benefits available under section two hundred seven-c of the general municipal law shall be subject, upon request of the affected employee, to a de novo evidentiary hearing.
The proposed law aims to provide a more rigorous process for municipalities to determine an employee's eligibility for benefits. The law requires that any determination regarding an employee's initial eligibility or discontinuance of benefits be subject to a de novo evidentiary hearing. This hearing allows both parties to present evidence, including testimonial and documentary evidence, and ensures that the decision is based on the evidence presented. The decision must be made independently and not simply reviewed under an arbitrary and capricious standard. The law also states that this process is a mandatorily negotiable term and condition of employment under the civil service law. The proposed law takes effect immediately.
| Sep. 08, 2025 | enacting clause stricken |
| May. 28, 2025 | reported referred to codes |
| May. 22, 2025 | print number 3838b |
| May. 22, 2025 | amend and recommit to governmental employees |
| Apr. 29, 2025 | amend (t) and recommit to governmental employees |
STATE OF NEW YORK ________________________________________________________________________ 3838 2025-2026 Regular Sessions IN ASSEMBLY January 30, 2025 ___________ Introduced by M. of A. JONES -- read once and referred to the Committee on Governmental Employees AN ACT to amend the civil service law, in relation to procedures and other matters related to the receipt or discontinuation of certain benefits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 4 of section 201 of the civil 2 service law, as amended by chapter 674 of the laws of 2022, is amended 3 to read as follows: 4 (a) salaries, wages, hours and other terms and conditions of employ- 5 ment provided, however, that such term shall not include any benefits 6 provided by or to be provided by a public retirement system, or payments 7 to a fund or insurer to provide an income for retirees, or payment to 8 retirees or their beneficiaries. No such retirement benefits shall be 9 negotiated pursuant to this article, and any benefits so negotiated 10 shall be void. All procedures and other matters related to the receipt 11 or discontinuation of benefits available under section two hundred 12 seven-c of the general municipal law shall be mandatorily negotiable 13 terms and conditions of employment. 14 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08272-01-5