New York Assembly Bill A03838

New York 2025-2026 Regular Session

• Introduced: 1/30/25
• Refer: 1/30/25
• Report Pass: 5/28/25
• Refer: 5/28/25

Caption

Requires that all procedures and other matters related to the receipt or discontinuation of benefits available under section two hundred seven-c of the general municipal law shall be subject, upon request of the affected employee, to a de novo evidentiary hearing.

Impact

The passage of A03838 would significantly alter the process by which municipal employees can contest benefits-related decisions. Currently, employees may have limited recourse when it comes to disputing a municipality's determinations under Section 207-c. The introduction of a mandated evidentiary hearing would ensure that employees have a fair opportunity to challenge these decisions, potentially leading to a higher rate of successful appeals. This change aims to enhance job protections and due process for municipal employees, reflecting a broader trend towards safeguarding workers' rights.

Summary

Bill A03838 proposes amendments to the General Municipal Law, specifically addressing the procedures related to the receipt or discontinuation of certain employee benefits under Section 207-c. The bill mandates that any determinations made by municipalities regarding an employee's eligibility for or discontinuation of benefits must be subject to a de novo evidentiary hearing. Such hearings would allow affected employees to present evidence and arguments relevant to their cases, with the decision being made independently by a hearing officer, rather than being limited to a review of the municipality's previous decision.

Contention

Debate around this bill may arise from differing opinions about the implications of introducing evidentiary hearings into the municipal benefits discontinuation process. Proponents argue that it is a necessary safeguard to protect employees and ensure transparency in benefit decisions, while opponents may raise concerns regarding potential administrative burdens on municipal entities and the implications for how benefits are managed. There may be fears that the additional procedural requirements could complicate and slow down decision-making processes for municipalities.

Notable_points

A unique feature of the bill is its stipulation that parties may negotiate additional or alternative procedures through collective bargaining, provided they still afford the employee an adequate opportunity to be heard. This negotiation aspect may create room for unions and municipalities to find mutually agreeable solutions, allowing for flexibility in how the evidentiary hearings are conducted. The legislation reflects a growing recognition of the importance of employee rights and fair treatment within municipal systems.