STATE OF NEW YORK ________________________________________________________________________ 7603 2023-2024 Regular Sessions IN ASSEMBLY May 25, 2023 ___________ Introduced by M. of A. JEAN-PIERRE -- read once and referred to the Committee on Labor AN ACT to amend the military law and the workers' compensation law, in relation to participation in World Trade Center rescue, recovery and cleanup operations by the national guard The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 6 of the military law is amended by adding a new 2 subdivision 1-a to read as follows: 3 1-a. Notwithstanding any other law, regulation or rule to the contra- 4 ry, an order into active service of the national guard, or alternative 5 proof as determined by the division of military and naval affairs, 6 including third-party verification and witness presence statements as 7 included in the federal James Zadroga 9/11 Health and Compensation Act 8 of 2010, as amended, as part of the World Trade Center rescue, recovery 9 and cleanup operations shall qualify such member of the national guard 10 as an employee under article eight-A of the workers' compensation law. 11 § 2. The opening paragraph of subdivision 1 of section 161 of the 12 workers' compensation law, as added by chapter 446 of the laws of 2006, 13 is amended to read as follows: 14 "Participant in World Trade Center rescue, recovery, or cleanup oper- 15 ations" means any (a) employee, including members of the national guard 16 as provided in subdivision one-a of section six of the military law, who 17 within the course of employment, or (b) volunteer upon presentation to 18 the board of evidence satisfactory to the board that he or she: 19 § 3. Section 169 of the workers' compensation law is amended by adding 20 a new subdivision 3 to read as follows: 21 3. Notwithstanding section eighteen or twenty-eight or any other 22 provision of this chapter, any claimant who was a member of the national 23 guard who was previously prohibited from filing a claim under this arti- 24 cle may refile such claim or claims within two years of the effective EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10696-03-3A. 7603 2 1 date of this subdivision. The board shall accept proof of a national 2 guard's service as determined by the division of military and naval 3 affairs pursuant to section six of the military law. 4 § 4. This act shall take effect immediately.