Bill Text: NY A07383 | 2009-2010 | General Assembly | Amended
Bill Title: Relates to health insurance coverage for surviving spouses or domestic partners of members of the New York city department of correction or sanitation who are enrolled in a health insurance plan.
Spectrum: Strong Partisan Bill (Democrat 19-1)
Status: (Passed) 2010-08-30 - signed chap.430 [A07383 Detail]
Download: New_York-2009-A07383-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7383--A
2009-2010 Regular Sessions
I N A S S E M B L Y
April 2, 2009
___________
Introduced by M. of A. CUSICK, BOYLAND, CASTRO, PHEFFER, PERRY, AUBRY,
HYER-SPENCER, M. MILLER, MILLMAN, COLTON, TITONE, SPANO, DenDEKKER,
O'DONNELL -- Multi-Sponsored by -- M. of A. BARRON, GIBSON, HOOPER,
JOHN, MARKEY, MAYERSOHN -- read once and referred to the Committee on
Governmental Employees -- recommitted to the Committee on Governmental
Employees in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the administrative code of the city of New York, in
relation to health insurance coverage for surviving spouses or domes-
tic partners of members of the New York city department of correction
or sanitation who are enrolled in a health insurance plan
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph 2 of subdivision b of section 12-126 of the
2 administrative code of the city of New York, as amended by chapter 436
3 of the laws of 2001, the opening paragraph as amended by local law
4 number 22 of the city of New York for the year 2007, subparagraph (i) as
5 amended by local law number 9 of the city of New York for the year 2009
6 and subparagraph (ii) as amended by chapter 339 of the laws of 2008, is
7 amended to read as follows:
8 (2) Health insurance coverage for surviving spouses, domestic partners
9 and children of police officers, firefighters and certain other city
10 employees:
11 (i) Where the death of a member of the uniformed forces of the police
12 or fire departments is or was the natural and proximate result of an
13 accident or injury sustained while in the performance of duty, the
14 surviving spouse or domestic partner, until he or she dies, and the
15 children under the age of nineteen years and any such child who is
16 enrolled on a full-time basis in a program of undergraduate study in an
17 accredited degree-granting institution of higher education until such
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10216-02-0
A. 7383--A 2
1 child completes his or her educational program or reaches the age of
2 twenty-three years, whichever comes first, shall be afforded the right
3 to health insurance coverage, and health insurance coverage which is
4 predicated on the insured's enrollment in the hospital and medical
5 program for the aged and disabled under the social security act, as is
6 provided for city employees, city retirees and their dependents as set
7 forth in paragraph one of this subdivision. Where the death of a
8 uniformed member of the correction or sanitation departments has
9 occurred while such employee was in active service as the natural and
10 proximate result of an accident or injury sustained while in the
11 performance of duty, the surviving spouse or domestic partner, until he
12 or she dies, and the child of such employee who is under the age of
13 nineteen years and any such child who is enrolled on a full-time basis
14 in a program of undergraduate study in an accredited degree-granting
15 institution of higher education until such child completes his or her
16 educational program or reaches the age of twenty-three years, whichever
17 comes first, shall be afforded the right to health insurance coverage,
18 and health insurance coverage which is predicated on the insured's
19 enrollment in the hospital and medical program for the aged and disabled
20 under the social security act, as is provided for city employees, city
21 retirees and their dependents as set forth in paragraph one of this
22 subdivision. Where the death of an employee of the fire department of
23 the city of New York who was serving in a title whose duties are those
24 of an emergency medical technician or advanced emergency medical techni-
25 cian (as those terms are defined in section three thousand one of the
26 public health law), or whose duties required the direct supervision of
27 employees whose duties are those of an emergency medical technician or
28 advanced emergency medical technician (as those terms are defined in
29 section three thousand one of the public health law) is or was the
30 natural and proximate result of an accident or injury sustained while in
31 the performance of duty on or after September eleventh, two thousand
32 one, the surviving spouse or domestic partner, until he or she dies, and
33 the children under the age of nineteen years and any such child who is
34 enrolled on a full-time basis in a program of undergraduate study in an
35 accredited degree-granting institution of higher education until such
36 child completes his or her educational program or reaches the age of
37 twenty-three years, whichever comes first, shall be afforded the right
38 to health insurance coverage, and health insurance coverage which is
39 predicated on the insured's enrollment in the hospital and medical
40 program for the aged and disabled under the social security act, as is
41 provided for city employees, city retirees and their dependents as set
42 forth in paragraph one of this subdivision. The mayor may, in his or her
43 discretion, authorize the provision of such health insurance coverage
44 for the surviving spouses, domestic partners and children of employees
45 of the fleet services division of the police department who died on or
46 after October first, nineteen hundred ninety-eight and before April
47 thirtieth, nineteen hundred ninety-nine, and the surviving spouses,
48 domestic partners and children of employees of the roadway repair and
49 maintenance division of the department of transportation who died on or
50 after September first, two thousand five and before September twenty-
51 eighth, two thousand five, and the surviving spouses, domestic partners
52 and children of employees of the bureau of wastewater treatment of the
53 department of environmental protection who died on or after January
54 eighth, two thousand nine and before January tenth, two thousand nine as
55 a natural and proximate result of an accident or injury sustained while
56 in the performance of duty, subject to the same terms, conditions and
A. 7383--A 3
1 limitations set forth in the section. Provided, however, and notwith-
2 standing any other provision of law to the contrary, and solely for the
3 purposes of this subparagraph, a member otherwise covered by this
4 subparagraph shall be deemed to have died as the natural and proximate
5 result of an accident or injury sustained while in the performance of
6 duty upon which his or her membership is based, provided that such
7 member was in active service upon which his or her membership is based
8 at the time that such member was ordered to active duty, other than for
9 training purposes, pursuant to Title 10 of the United States Code, with
10 the armed forces of the United States, and such member died while on
11 active duty on or after the effective date of local law number ninety-
12 six of the city of New York for the year two thousand five while serving
13 on such active military duty.
14 (ii) Where a retired member of the fire department dies and is
15 enrolled in a health insurance plan, the surviving spouse shall be
16 afforded the right to such health insurance coverage and health insur-
17 ance coverage which is predicated on the insured's enrollment in the
18 hospital and medical program for the aged and disabled under the social
19 security act as is provided for retirees and their dependents as set
20 forth in subparagraph (i) of this paragraph, provided such surviving
21 spouse pays one hundred two percent of the group rate for such coverage,
22 with two percent intended to cover administrative costs incurred,
23 provided such spouse elects such health insurance coverage within one
24 year of the death of his or her spouse. For purposes of this subpara-
25 graph, "retired member of the fire department" shall include persons
26 who, immediately prior to retirement, were employed by the fire depart-
27 ment of the city of New York in a title whose duties are those of an
28 emergency medical technician or advanced emergency medical technician
29 (as those terms are defined in section three thousand one of the public
30 health law), or whose duties required the direct supervision of employ-
31 ees whose duties are those of an emergency medical technician or
32 advanced emergency medical technician (as those terms are defined in
33 section three thousand one of the public health law).
34 (iii) Where a retired member of the police department, including
35 premerger retirees who were police officers employed by the New York
36 city housing authority or the New York city transit authority, dies and
37 is enrolled in a health insurance plan, the surviving spouse shall be
38 afforded the right to such health insurance coverage and health insur-
39 ance coverage which is predicated on the insured's enrollment in the
40 hospital and medical program for the aged and disabled under the social
41 security act as is provided for retirees and their dependents as set
42 forth in subparagraph (i) of this paragraph, provided such surviving
43 spouse pays one hundred two percent of the group rate for such coverage,
44 with two percent intended to cover administrative costs incurred,
45 provided such spouse elects such health insurance coverage within one
46 year of the death of his or her spouse.
47 (IV) WHERE AN ACTIVE OR RETIRED MEMBER OF THE NEW YORK CITY DEPARTMENT
48 OF CORRECTION OR SANITATION DIES AND IS ENROLLED IN A HEALTH INSURANCE
49 PLAN, THE SURVIVING SPOUSE OR DOMESTIC PARTNER SHALL BE AFFORDED THE
50 RIGHT TO SUCH HEALTH INSURANCE COVERAGE AND HEALTH INSURANCE COVERAGE
51 WHICH IS PREDICATED ON THE INSURED'S ENROLLMENT IN THE HOSPITAL AND
52 MEDICAL PROGRAM FOR THE AGED AND DISABLED UNDER THE SOCIAL SECURITY ACT
53 AS IS PROVIDED FOR RETIREES AND THEIR DEPENDENTS AS SET FORTH IN SUBPAR-
54 AGRAPH (I) OF THIS PARAGRAPH, PROVIDED SUCH SURVIVING SPOUSE OR DOMESTIC
55 PARTNER PAYS ONE HUNDRED TWO PERCENT OF THE GROUP RATE FOR SUCH COVER-
56 AGE, WITH TWO PERCENT INTENDED TO COVER ADMINISTRATIVE COSTS INCURRED,
A. 7383--A 4
1 PROVIDED SUCH SPOUSE OR DOMESTIC PARTNER ELECTS SUCH HEALTH INSURANCE
2 COVERAGE WITHIN ONE YEAR OF THE DEATH OF HIS OR HER SPOUSE OR DOMESTIC
3 PARTNER.
4 S 2. This act shall take effect immediately.
