April 12, 2022

Correcting the "fall-out" resulting from a wrongful termination

A former police officer became ineligible to file for service retirement benefits when she was wrongfully terminated from her position. 

Although the termination was corrected and the police officer was reinstated to her former position, it required the enactment of Chapter 800 of the Laws of 2021 to allow the officer to apply for, and obtain, retirement benefits from the New York State and Local Police and Fire Retirement System.

The bill's sponsor, New York State Senator Timothy M. Kennedy, explained that through no fault of her own, the police officer became ineligible to file for her service retirement benefit with the Retirement System as the result of her wrongful termination because at the time of her termination she was lacked the "twenty qualifying years of service credit necessary to retire" required by §384-d of the Retirement and Social Security Law.

Senator Kennedy said that "a grave injustice was corrected" when the police officer's termination was vacated and the police officer was reinstated to her former position, thereby permitting her to claim the necessary twenty years of service credit required for her to be eligible to qualify for retirement benefits pursuant to Chapter 800.

 

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