Bill > A00533

This bill amends Section 7806 of the civil practice law and rules to provide additional judicial authority in disability pension cases. Specifically, the bill allows courts more discretion when reviewing pension system determinations that deny a disability pension. Under the new provision, if a court finds that a pension system's denial of a disability pension was "arbitrary and capricious" and not supported by substantial evidence, the court can now directly annul the original determination and grant the petitioner (the person seeking the pension) the requested disability pension. The bill also makes some gender-neutral language updates, replacing gendered pronouns like "he" with more inclusive terms like "such petitioner". The legislation will take effect immediately and apply to all pending appeals that have not yet been decided. This change aims to provide more equitable review of disability pension denials by giving courts the power to directly award pensions when the original determination appears to lack proper justification.

Justice

https://www.nysenate.gov/legislation/bills/2025/A533