Bill Text: NY A10498 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to sick leave for officers and employees with a qualifying World Trade Center condition.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2018-06-20 - substituted by s6898c [A10498 Detail]
Download: New_York-2017-A10498-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10498 IN ASSEMBLY April 30, 2018 ___________ Introduced by M. of A. PHEFFER AMATO, ABBATE, BRINDISI -- read once and referred to the Committee on Governmental Employees AN ACT to amend the general municipal law and the administrative code of the city of New York, in relation to sick leave for officers and employees with a qualifying World Trade Center condition; to amend the civil service law, in relation to the review of certain claims; and to amend chapter 273 of the laws of 2017 amending the general municipal law relating to granting sick leave for officers and employees with a qualifying World Trade Center condition, in relation to the reimburse- ment of any public authority or municipal corporation in a city with a population of less than one million people for the cost of certain line of duty sick leave The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 92-d of the general municipal law, as added by 2 chapter 273 of the laws of 2017, is amended to read as follows: 3 § 92-d. Sick leave for officers and employees with a qualifying World 4 Trade Center condition. Notwithstanding any other law, rule or regu- 5 lation to the contrary, officers and employees of the state, a public 6 authority or any municipal corporation outside of a city with a popu- 7 lation of one million or more who [filed a] have filed and received 8 approval for such filed notice of participation in World Trade Center 9 rescue, recovery or cleanup operations and subsequently develop a quali- 10 fying World Trade Center condition, as defined in section two of the 11 retirement and social security law,[while employed by the state, a12public authority or such municipal corporation or public authority] 13 shall, after the receipt of a written request for line of duty sick 14 leave, be granted line of duty sick leave commencing on the date that 15 such employee was diagnosed with a qualifying World Trade Center condi- 16 tion regardless of whether such officer or employee was employed by his 17 or her current employer at the time that such officer or employee 18 participated in World Trade Center rescue, recovery or cleanup oper- 19 ations. The officer or employee shall be compensated at his or her 20 regular rate of pay for those regular work hours during which the offi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13574-10-8A. 10498 2 1 cer or employee is absent from work due to his or her qualifying World 2 Trade Center condition. Such leave shall be provided without loss of an 3 officer or employee's accrued sick leave. Nothing in this section shall 4 limit an employer's power pursuant to any other provision of law to 5 discipline an officer or employee by termination, reduction of salary, 6 or any other appropriate measure; to terminate an appointee who has not 7 completed his or her probationary term; and to apply for ordinary or 8 accident disability retirement for an officer or employee. 9 § 2. The opening paragraph of section 92-d of the general municipal 10 law is designated subdivision 1 and seven new subdivisions 2, 3, 4, 5, 11 6, 7 and 8 are added to read as follows: 12 2. Notwithstanding any other law, rule or regulation to the contrary, 13 officers and employees of a city with a population of one million or 14 more who (i) do not receive benefits similar to those provided by this 15 section pursuant to a collectively bargained agreement, section 14-122.1 16 of the administrative code of the city of New York, section 15-108.1 of 17 the administrative code of the city of New York, or other statutory 18 provision and (ii) have filed and received approval for such filed 19 notice of participation in World Trade Center rescue, recovery or clean- 20 up operations and subsequently develop a qualifying World Trade Center 21 condition, as defined in section two of the retirement and social secu- 22 rity law, shall, after receipt of a written request for line of duty 23 sick leave, be granted line of duty sick leave commencing on the date 24 that such employee was diagnosed with a qualifying World Trade Center 25 condition regardless of whether such officer or employee was employed by 26 his or her current employer at the time that such officer or employee 27 participated in World Trade Center rescue, recovery or cleanup oper- 28 ations. The officer or employee shall be compensated at his or her regu- 29 lar rate of pay for those regular work hours during which the officer or 30 employee is absent from work due to his or her qualifying World Trade 31 Center condition. Such leave shall be provided without loss of an offi- 32 cer or employee's accrued sick leave. Nothing in this section shall 33 limit an employer's power pursuant to another provision of law to disci- 34 pline an officer or employee by termination, reduction of salary, or any 35 other appropriate measure; to terminate an appointee who has not 36 completed his or her probationary term; and to apply for ordinary or 37 accident disability retirement for an officer or employee. 38 3. For purposes of this section, "cost" shall mean the number of days 39 of sick leave that must be restored to an officer or employee pursuant 40 to subdivision one or two of this section multiplied by such officer or 41 employee's wage rate at the time that such sick leave for which 42 reimbursement is being sought was taken. 43 4. A request, for line of duty sick leave shall be in writing and 44 include a waiver of the protection afforded to the officer or employee 45 pursuant to the health insurance portability and accountability act to 46 allow disclosure of the officer or employee's approved notice of partic- 47 ipation and any medical records concerning such officer or employee's 48 notice of participation or qualifying World Trade Center condition in 49 the possession of the retirement system in which such officer or employ- 50 ee is a member for the purpose of reviewing, processing and auditing his 51 or her claim for line of duty sick leave. Such waiver shall be in the 52 form required by the retirement system of which he or she is a member, 53 along with the application for line of duty sick leave, with his or her 54 employer. 55 5. Notwithstanding any provision of law to the contrary, upon request 56 from the state, public authority or municipal corporation outside of aA. 10498 3 1 city with a population of one million or more for a copy of an approved 2 notice of participation in World Trade Center rescue, recovery or clean- 3 up operations for an officer or employee, the retirement system in which 4 such officer or employee is a member and to which such officer or 5 employee filed his or her notice of participation in World Trade Center 6 rescue, recovery or cleanup operations in accordance with paragraph (a) 7 of subdivision thirty-six of section two of the retirement and social 8 security law, such retirement system shall provide a verified copy of 9 such approved notice of participation that includes the date that such 10 notice was filed to such requestor. A copy of such verified notice of 11 participation shall be filed with any claim for reimbursement submitted 12 to the civil service commission pursuant to subdivision four of this 13 section. Except as required for filing, review, and audit purposes, such 14 verified notice of participation and all copies of such verified notice 15 shall be confidential and not subject to disclosure pursuant to article 16 six of the public officers law. 17 6. A public authority or municipal corporation outside of a city with 18 a population of one million or more shall submit any claim for 19 reimbursement under this section to the civil service commission. In 20 accordance with subdivision one-a of section six of the civil service 21 law, the civil service commission shall review each claim to determine 22 if such claim shall be approved, reduced, amended or rejected and shall 23 notify the submitting public authority or municipal corporation, within 24 sixty days of receipt of such claim, as to its determination. Such 25 public authority or municipal corporation shall notify the civil service 26 commission within thirty days after receipt of the civil service commis- 27 sion's notification, as to its acceptance or rejection of such determi- 28 nation. Failure to so notify the civil service commission shall consti- 29 tute an acceptance of the determination. If accepted by such public 30 authority or municipal corporation, such acceptance shall constitute the 31 final and conclusive determination for such claim. If rejected by such 32 public authority or municipal corporation, such public authority or 33 municipal corporation shall resubmit its claim, within thirty days after 34 receipt of the civil service commission's notification, together with 35 its reasons for objection and any additional documentation which may 36 justify its claim. Upon receipt of a resubmitted claim, the civil 37 service commission shall review such claim and within sixty days of 38 receipt of such resubmitted claim, make a final determination as to the 39 amount to be approved for such claim. If such public authority or munic- 40 ipal corporation shall dispute such final determination it may commence 41 an action, within sixty days of such final determination, in the court 42 of claims which shall have jurisdiction to adjudicate the claim and 43 enter judgment, which judgment shall be a final determination for 44 purposes of this section and shall be payable in accordance with the 45 provisions of this section. 46 7. The civil service commission shall certify all claims for which a 47 final determination has been made. The civil service commission shall 48 submit all certified claims to the comptroller of the department of 49 audit and control on or before the first day of the immediately succeed- 50 ing month during which such claim was certified. 51 8. All claims certified by the civil service commission shall be paid 52 monthly and shall be paid upon a warrant from the comptroller. 53 § 3. Section 6 of the civil service law is amended by adding a new 54 subdivision 1-a to read as follows: 55 1-a. Have the power to review claims for reimbursement submitted by 56 public authorities or municipal corporations outside of a city with aA. 10498 4 1 population of a million or more pursuant to section ninety-two-d of the 2 general municipal law to determine if such claim shall be approved, 3 reduced, amended or rejected. Such review and determination shall be 4 made in accordance with section ninety-two-d of the general municipal 5 law. 6 § 4. Section 2 of chapter 273 of the laws of 2017, amending the gener- 7 al municipal law relating to granting sick leave for officers and 8 employees with a qualifying World Trade Center condition, is amended to 9 read as follows: 10 § 2. The state shall reimburse any public authority or municipal 11 corporation with a population of less than one million people for the 12 cost of any line duty sick leave granted pursuant to this act. Such 13 reimbursement shall be made in accordance with the provisions of section 14 92-d of the general municipal law. 15 § 5. The administrative code of the city of New York is amended by 16 adding a new section 12-140 to read as follows: 17 § 12-140 Line of duty sick leave for World Trade Center rescue, recov- 18 ery or cleanup operations. Notwithstanding any other law, rule or regu- 19 lation to the contrary, officers and employees of a city with a popu- 20 lation of one million or more who (i) do not receive benefits similar to 21 those provided by this section pursuant to a collectively bargained 22 agreement, section 14-122.1 of this code, section 15-108.1 of this code, 23 or other statutory provision and (ii) filed and received approval for 24 such filed notice of participation in World Trade Center rescue, recov- 25 ery or cleanup operations and subsequently develop a qualifying World 26 Trade Center condition, as defined in section two of the retirement and 27 social security law, shall, after receipt of a written request for line 28 of duty sick leave, be granted line of duty sick leave commencing on the 29 date that such employee was diagnosed with a qualifying World Trade 30 Center condition regardless of whether such officer or employee was 31 employed by his or her current employer at the time that such officer or 32 employee participated in World Trade Center rescue, recovery or cleanup 33 operations. The officer or employee shall be compensated at his or her 34 regular rate of pay for those regular work hours during which the offi- 35 cer or employee is absent from work. Such leave shall be provided with- 36 out loss of an officer or employee's accrued sick leave. Nothing in this 37 section shall limit an employer's power pursuant to another provision of 38 law to discipline an officer or employee by termination, reduction of 39 salary, or any other appropriate measure; to terminate an appointee who 40 has not completed his or her probationary term; and to apply for ordi- 41 nary or accident disability retirement for an officer or employee. 42 § 6. The commissioner of the department of civil service, in consulta- 43 tion with the state comptroller and the commissioner of the department 44 of taxation and finance, shall promulgate rules and regulations to 45 assist with the implementation of section 92-d of the general municipal 46 law. Such rules and regulations shall be issued no later than 90 days 47 after this act shall have become a law. Notwithstanding any other 48 provisions to the contrary in the state administrative procedure act, 49 such rules and regulations may be adopted on an emergency basis if 50 necessary to meet such 90-day deadline. 51 § 7. The commissioner of the department of taxation and finance, in 52 consultation with the state comptroller, shall issue guidance regarding 53 the tax treatment to officers and employees who have received restored 54 sick leave no later than sixty days after this act shall have become a 55 law.A. 10498 5 1 § 8. This act shall take effect immediately; provided that section one 2 of this act shall be deemed to have been in full force and effect on the 3 same date as chapter 273 of the laws of 2017; and provided further that 4 this act shall apply to all claims for reimbursement filed pursuant to 5 section 92-d of the general municipal law, as amended by this act; and 6 provided further, that any officer or employee who is currently employed 7 by a city with a population of one million or more who has been diag- 8 nosed with a qualifying World Trade Center condition and is using sick 9 leave due to such condition shall receive a restoration of such sick 10 leave retroactive to the date such officer or employee was diagnosed 11 with a qualifying World Trade Center condition.
