Relates to article 78 judgments regarding disability pension determinations

Latest action Apr 29, 2026

Permits court ruling in favor of a petitioner appealing the denial of a disability pension determination to grant disability pension.

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Where it stands

Passed one of the two chambers; it still needs the other.

Introduced
In committee
Up for a vote
Passed one chamber
Passed
Enacted

New York State Senate

Same as A533, the matching bill in the Assembly.

Committee

Judiciary · New York State Assembly

Also referred to Judiciary · New York State Senate.

Purpose, from the sponsor's memo

The purpose of this bill is to allow a court to annul a finding by a retirement system denying a disability pension if the finding was arbi- trary and capricious.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

Vote: Floor vote
NY SenateApr 29, 2026Result: passed
(58) (0) (0) (5)
Vote: Committee vote · Judiciary
Senate JudiciaryApr 21, 2026Result: passed
(19) (0) (0) (0)
Vote: Floor vote
NY SenateJun 12, 2025Result: passed
(59) (0) (0) (4)
Vote: Committee vote · Judiciary
Senate JudiciaryMar 11, 2025Result: passed
(19) (0) (0) (0)

Cosponsors

Karines Reyes and Leroy Comrie

Democratic2

See the full list on nysenate.gov

The sponsor's argument

Why Robert Jackson says this is needed

Public employees disabled from the performance of their duties are, in appropriate circumstances, entitled to disability pensions. Public retirement systems have established review boards to determine whether an applicant for a disability pension has met the criteria for the grant of the petition. An applicant denied such a pension may seek review pursuant to Article 78 to overturn that decision. The standard of review applied by the court in such cases is exacting: the court may overturn the decision only upon finding that the retirement system acted arbi- trarily or capriciously. Unfortunately, even when an individual meets this burden and establishes that the retirement system's decision was arbitrary or capricious, courts often refrain from granting the employee the pension sought but, instead, remand the matter to the retirement system for further action. The remand results in delay and further expense to the employee. Worse, retirement systems are hereby afforded the opportunity to deny the application for a different reason, forcing the employee to undertake yet another legal challenge. There is no remedy if a retirement system acts with impunity in these circumstances. Employees frequently just give up the fight, even though their claims are well-supported by medical and other evidence. This Act will make clear that a court has the power, when it finds a retirement system has acted arbitrarily or capriciously, not just to invalidate the system's decision but to go further and order that the employee's application for a disability pension be granted. Justice really demands no less.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

Apr 29, 2026
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate
Apr 29, 2026
Passed a chamber
PASSED SENATE
NY Senate
Apr 29, 2026
Referred to committee
REFERRED TO JUDICIARY
NY Assembly
Apr 27, 2026
Advanced to Third Reading
ADVANCED TO THIRD READING
NY Senate
Apr 22, 2026
2ND Report CAL.
2ND REPORT CAL.
NY Senate

Show full history (12 earlier events)

Apr 21, 2026
1ST Report CAL.748
1ST REPORT CAL.748
NY Senate
Jan 7, 2026
Died in Assembly
DIED IN ASSEMBLY
NY Assembly
Jan 7, 2026
Referred to committee
REFERRED TO JUDICIARY
NY Senate
Jan 7, 2026
Referred to committee
REFERRED TO JUDICIARY
NY Assembly
Jun 13, 2025
Referred to committee
REFERRED TO JUDICIARY
NY Assembly
Jun 12, 2025
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate
Jun 12, 2025
Passed a chamber
PASSED SENATE
NY Senate
Mar 13, 2025
Advanced to Third Reading
ADVANCED TO THIRD READING
NY Senate
Mar 12, 2025
2ND Report CAL.
2ND REPORT CAL.
NY Senate
Mar 11, 2025
1ST Report CAL.539
1ST REPORT CAL.539
NY Senate
Jan 27, 2025
Referred to committee
REFERRED TO JUDICIARY
NY Senate
Jan 8, 2025
Referred to committee
REFERRED TO JUDICIARY
NY Assembly

About this record

Summary: The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.
Cosponsors: The list shows the cosponsors who are on Agora, A to Z. The official record may list more.
Party colors: Parties are shown in the same neutral colors.
Source: From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Nov 1, 2026. About our data

Read the record

Read on NY Senate (opens in a new tab) The official record on nysenate.gov.

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