§ 229. Retirement for cause. a. The superintendent may recommend the\nretirement for cause of any member of the New York state police who is\ncovered by the twenty year retirement plan set forth in section three\nhundred eighty-one-b of the retirement and social security law, and who\nhas twenty-five or more years of creditable service under such plan. The\nsuperintendent shall mail a written notice of such recommendation to the\nmember at his home address, which notice shall set forth the reasons for\nthe recommendation. At any time within thirty days after the mailing of\nsuch recommendation, the member or any person authorized to act on his\nbehalf may serve a written demand for a review of the recommendation.\nAfter the service of such demand the superintendent shall refer his\nrecommendation to the review panel established pursuant to this section,\nthe decision of which shall be subject to review only as provided in\narticle seventy-eight of the civil practice law and rules.\n b. The said review panel shall consist of three persons who shall be\nselected as follows. One person shall be selected by the superintendent.\nOne person shall be selected by the employee organization recognized or\ncertified to represent the member pursuant to the provisions of article\nfourteen of the civil service law. The third person shall be selected by\nthe other two or, if they cannot agree, he shall be selected by the\npublic employment relations board. Each of the three persons so selected\nshall be appointed by the superintendent and shall hold office until a\nsuccessor has been selected and appointed.\n c. If the member does not serve a timely demand for a review of the\nrecommendation of the superintendent; or if the review panel shall adopt\nthe recommendation of the superintendent, the superintendent shall\ncertify the name of the member to the state comptroller for retirement\nfor cause.\n d. As used in this section, the term retirement for cause shall mean a\nretirement recommended by the superintendent after a finding by him that\na member is no longer capable of performing his duties satisfactorily.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.