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

The bills sponsor explains that through no fault of her own, the police officer was ineligible to file for her service retirement benefit with the New York state and local police as the result of her wrongful termination because at the time of her termination she was ineligible to qualify for a service retirement benefit because she did not have "twenty qualifying years of service credit necessary to retire under her special retirement plan established pursuant to §384-d of the Retirement and Social Security Law. 

The  bill's sponsor, New York State Timothy M. Kennedy, explained that "a grave injustice was corrected" when the police officer's termination was vacated and the police officer was reinstated to her former position, providing her with the necessary twenty years of qualifying service credit required for her to be eligible to qualify for retirement benefits pursuant to Chapter 800.

 

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com