Bill > A03838

This bill amends the General Municipal Law to require that when a municipality makes a determination about an employee's eligibility for or discontinuation of benefits under section 207-c (which typically relates to disability or injury benefits for municipal employees like police and firefighters), the affected employee can request a full de novo evidentiary hearing. In such a hearing, the employee would have the opportunity to present testimonial, documentary, and other relevant evidence, and the hearing officer must make an independent determination based on that evidence, not just review the municipality's original decision under an "arbitrary and capricious" standard. The bill explicitly states that a proceeding under Article 78 of the Civil Practice Law and Rules (which is a type of legal review) cannot substitute for this evidentiary hearing. Furthermore, the bill declares that this hearing process is a mandatorily negotiable term of employment, meaning that while parties can negotiate additional or alternative procedures through collective bargaining, the basic right to a full hearing must be preserved. The law would take effect immediately upon enactment.

Housing and Urban Affairs, Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/A3838