December 5, 2024 — Four bills that were part of PEF’s 2024 Legislative Priorities were sent to Governor Kathy Hochul on December 2. Both the State Senate and Assembly passed them during their session and the governor now has until December 13 to sign or veto these bills. PEF calls on all members to let her know how important it is that she sign them.
Make Section 72 hearing officer determinations binding
Under current law, if an employer believes that an employee is unable to perform duties due to a physical or mental disability, they may request a medical review. The employee then requests a hearing subject to Section 72 of the Civil Service Law and an independent hearing officer makes a recommendation. However, the officer’s recommendation is not binding. The employer has the right to reject it.
This bill would make an officer’s recommendation permanent and legally binding. It would have helped PEF member Natasha Pecue, who had her Section 72 recommendation overturned last year and was told she had to pay the employer for time spent on the hearing process. PEF was able to appeal the decision, but Pecue was unable to keep her job.
Instead of submitting a form on the Governor’s website, PEF is asking members to call Governor Hochul’s office at (518) 474-8390 and ask her to sign the Section 72 bill into law. The Assembly bill is 9932 and the Senate bill is 8960.
It’s too hot in New York’s correctional facilities!
Another bill would make the commissioner of the Department of Corrections and Community Supervision responsible for creating and overseeing a set of rules to regulate the temperature inside facilities. The goal is to ensure the safety of both incarcerated individuals and staff who work at these facilities.
Many of the state’s facilities were built more than a hundred years ago, before air conditioning was an option. PEF members have been asking DOCCS for years to address the problem and a coalition of unions is now seeking a legislative remedy.
Hospital closure notifications
Too often, when New York State decides to close a hospital or a specific unit, they give very little notice to the community or the unions who represent the staff who work there. It happened just last year with SUNY Downstate. This bill would require hospitals to alert the public at least nine months in advance of any decision to entirely close a general hospital or a unit that provides emergency, maternity, mental health or substance use care.
This legislation addresses gaps in the state’s review of closures by allowing the community to raise concerns and giving the state time to adequately plan and address those concerns. The current law is especially cruel to people in underserved communities who cannot easily travel elsewhere for their healthcare.
Pension benefit for certain beneficiaries
Though it is rare, PEF members and other State employees sometimes die during the time between filing for retirement and their final day of work. This is obviously a very difficult time for the families of the deceased.
That is why a new bill would allow them to receive a lifetime monthly benefit if a retirement application has already been filed before the loved one passes away.
PEF asks all members to urge the Governor to sign these bills. As noted above, please call the Governor’s hotline regarding the Section 72 bill, but for the other three, you can visit our Political Action page and copy and paste a letter into a form on the Governor’s website. We expect her to announce her decisions on December 13, so don’t delay, send a letter today!