An administrative tribunal's consideration of all relevant evidence is critical to a court's finding that its decision was based on substantial evidence

Although the Appellate Division opined that it "is unquestionably within the province of the Comptroller to evaluate conflicting medical opinions and credit one expert over another," the court explained that the medical opinion relied on must be based upon, among other things, a review of all the relevant medical records.

Finding that in this instance there is not indications that the Retirement System's medical expert reviewed certain medical evidence submitted to the System, the Appellate Division said it agreed with the claimant for accident disability retirement benefits [Claimant] that there is no basis upon which to conclude that the System's medical expert's opinion would have remained unchanged in light of the certain findings that objectively supported the Claimant's medical expert's diagnosis.

As the Comptroller relied upon an expert opinion "that was not founded upon a review of all the relevant medical records," the Appellate Division concluded that substantial evidence does not support the Comptroller's determination that Claimant was not permanently disabled and annulled the Comptroller's determination and remitted the matter to the Comptroller "for further proceedings not inconsistent with this Court's decision."

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2019/2019_07473.htm

Award recipients named at the 5th Annual Local Government Innovation Conference

On October 22, 2019 New York State Secretary of State Rossana Rosado announced award recipients at the Department of State’s fifth annual Local Government Innovation Conference, including the Cities of Schenectady, Amsterdam and Gloversville; Essex County; Wyoming County and its partner local governments; and the Tug Hill Commission.

The New York State’s Division of Local Government Services is NY’s premier source of training and technical assistance to local governments. 

The State of New York is committed to strengthening state and local partnerships and works fervently to foster collaborative solutions to local challenges through the Local Government Efficiency, Training, and Community Development and Sustainability program initiatives. 

Learn more about the Division’s work by clicking here.

Law amends special accidental death benefit available to the survivors of police officers and firefighters killed in the line of duty

On October 22, 2019 Governor Andrew M. Cuomo signed legislation (Senate 3168-A/Assembly 4079-B) increasing special accidental death benefits [SADB] for "a widow or widower" and children of police officers and firefighters killed in the line of duty.

The new law, which takes effect immediately, increases cost of living benefits by 3 percent for a deceased's spouse or the deceased's children under the age of 18 or, if a student, under the age of 23 and certain "other eligible" individuals.

These bills also amend the General Municipal Law and the Retirement and Social Security Law by providing for the addition of 3 percent of the salary of the qualified deceased member used in the computation of the special accidental death benefit in cases where the date of death was before 2019.

In addition, these bills affect the SADB payable to eligible survivors of qualified deceased members of the:

New York CityEmployees' Retirement System (NYCERS);

New York CityPolice Pension Fund (POLICE); or

New York CityFire Pension Fund (FIRE)

and who were employed by one of the following employers in certain positions:

New York City Police Department - Uniformed Position;

New York CityFire Department - Uniformed Position;

New York City Department of Sanitation - Uniformed Position;

New York CityHousing Authority - Uniformed Position;

New York CityTransit Authority - Uniformed Position;

New York City Department of Correction - Uniformed Position;

New York City - Uniformed Position as Emergency Medical Technician (EMT);

New York CityHealth and Hospitals Corporation - Uniformed Position as EMT; or

The Triborough Bridgeand Tunnel Authority - Bridge and Tunnel Position.

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The Disability Benefits Handbook for fire, police and other public sector personnel

Focusing retirement for disability pursuant to NYS Employees' Retirement System, the NYS Teachers' Retirement System, General Municipal Law Sections 207-a/207-c and similar statutes providing benefits to employees injured "on-the-job" and "off-the-job."

For more information click on http://booklocker.com/books/3916.html