Bill Text: NY S06061 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Includes members of the state police who drove or rode in vehicles used in cleanup operations within the definition of participation in World Trade Center rescue, recovery or cleanup operations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-18 - PRINT NUMBER 6061B [S06061 Detail]
Download: New_York-2019-S06061-Introduced.html
Bill Title: Includes members of the state police who drove or rode in vehicles used in cleanup operations within the definition of participation in World Trade Center rescue, recovery or cleanup operations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-18 - PRINT NUMBER 6061B [S06061 Detail]
Download: New_York-2019-S06061-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6061 2019-2020 Regular Sessions IN SENATE May 16, 2019 ___________ Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the retirement and social security law and the workers' compensation law, in relation to participation in World Trade Center rescue, recovery or cleanup operations by members of the state police; and to repeal certain provisions of the retirement and social security law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (a) of paragraph 1 of subdivision h of section 2 363-bb of the retirement and social security law, as amended by chapter 3 93 of the laws of 2005, is amended to read as follows: 4 (a) Notwithstanding any provisions of this chapter or of any general, 5 special or local law, charter, administrative code or rule or regulation 6 to the contrary, any condition or impairment of health caused by a qual- 7 ifying condition or impairment of health resulting in disability to a 8 member who participated in World Trade Center rescue, recovery or clean- 9 up operations for a minimum of forty hours shall be presumptive evidence 10 that it was incurred in the performance and discharge of duty and the 11 natural and proximate result of an accident not caused by such member's 12 own willful negligence, unless the contrary be proved by competent 13 evidence. A member shall be eligible for the presumption provided for 14 under this paragraph notwithstanding the fact that the member did not 15 participate in World Trade Center recovery and cleanup operations for a 16 minimum of forty hours, provided that: (i) the member participated in 17 the rescue, recovery, or cleanup operations at the World Trade Center 18 site between September eleventh, two thousand one and September twelfth, 19 two thousand one; (ii) the member sustained a documented physical injury 20 at the World Trade Center site between September eleventh, two thousand 21 one and September twelfth, two thousand one that is a qualifying condi- 22 tion or impairment of health resulting in disability to the member that EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11587-03-9S. 6061 2 1 prevented the member from continuing to participate in World Trade 2 Center rescue, recovery or cleanup operations for a minimum of forty 3 hours; and (iii) the documented physical injury that resulted in a disa- 4 bility to the member that prevented the member from continuing to 5 participate in World Trade Center rescue, recovery or cleanup operations 6 for a minimum of forty hours is the qualifying condition or impairment 7 of health which the member seeks to be eligible for the presumption 8 provided for under this paragraph. A member shall also be eligible for 9 the presumption provided for under this paragraph notwithstanding the 10 fact that the member did not participate in World Trade Center recovery 11 and cleanup operations for a minimum of forty hours, provided that the 12 member drove, rode in, repaired, cleaned, rehabilitated, or otherwise 13 used or worked in vehicles or equipment, including emergency vehicle 14 radio equipment, owned by the state of New York that was contaminated by 15 debris in the World Trade Center site, as defined in paragraph (f) of 16 subdivision thirty-six of section two of this chapter, regardless of 17 whether the use of or work on such vehicles and equipment was performed 18 within the World Trade Center site, and provided such use or work 19 occurred prior to decontamination of such vehicles or equipment. Absent 20 proof to the contrary, contamination is presumed where such vehicles or 21 equipment were in service between September eleventh, two thousand one 22 and September eleventh, two thousand two and used in the World Trade 23 Center site. Furthermore, it is presumed a member who was a member of 24 the state police between September eleventh, two thousand one and 25 September eleventh, two thousand six, and occupied a position whose 26 duties would reasonably include use of or work on such contaminated 27 vehicles and equipment, drove, rode in, repaired, cleaned, rehabili- 28 tated, or otherwise used or worked on such contaminated vehicles and 29 equipment. 30 § 2. Subparagraph (d) of paragraph 1 of subdivision h of section 363- 31 bb of the retirement and social security law is REPEALED. 32 § 3. Subparagraph (e) of paragraph 1 of subdivision h of section 363- 33 bb of the retirement and social security law, as amended by chapter 495 34 of the laws of 2007, is amended to read as follows: 35 (e) In order to be eligible for consideration for such presumption, 36 such member must file a written and sworn statement with the member's 37 retirement system on a form provided by such system indicating the dates 38 and locations of employment. [Such statement must be filed not later39than four years following the effective date of chapter one hundred four40of the laws of two thousand five.] 41 § 4. Subparagraph (a) of paragraph 2 of subdivision h of section 363- 42 bb of the retirement and social security law, as amended by chapter 93 43 of the laws of 2005, is amended to read as follows: 44 (a) Notwithstanding the provisions of this chapter or of any general, 45 special or local law, charter, administrative code or rule or regulation 46 to the contrary, if a member who participated in World Trade Center 47 rescue, recovery or cleanup operations for a minimum of forty hours, and 48 subsequently retired on a service retirement, an ordinary disability 49 retirement, a performance of duty disability retirement or a state 50 police disability retirement pursuant to section three hundred sixty- 51 three-b of this title and subsequent to such retirement incurred a disa- 52 bility caused by any qualifying condition or impairment of the health 53 which the comptroller determines to have been caused by such member's 54 having participated in World Trade Center rescue, recovery or cleanup 55 operations for a minimum of forty hours, upon such determination by the 56 comptroller it shall be presumed that such disability was incurred inS. 6061 3 1 the performance and discharge of duty as the natural and proximate 2 result of an accident not caused by such member's own willful negli- 3 gence, and that the member would have been physically or mentally inca- 4 pacitated for the performance and discharge of duty of the position from 5 which he or she retired had the condition been known and fully developed 6 at the time of the member's retirement, unless the contrary is proven by 7 competent evidence. A member shall be eligible for the presumption 8 provided for under this paragraph notwithstanding the fact that the 9 member did not participate in World Trade Center rescue, recovery or 10 cleanup operations for a minimum of forty hours, provided that: (i) the 11 member participated in the rescue, recovery, or cleanup operations at 12 the World Trade Center site between September eleventh, two thousand one 13 and September twelfth, two thousand one; (ii) the member sustained a 14 documented physical injury at the World Trade Center site between 15 September eleventh, two thousand one and September twelfth, two thousand 16 one that is a qualifying condition or impairment of health resulting in 17 disability to the member that prevented the member from continuing to 18 participate in World Trade Center rescue, recovery or cleanup operations 19 for a minimum of forty hours; and (iii) the documented physical injury 20 that resulted in a disability to the member that prevented the member 21 from continuing to participate in World Trade Center rescue, recovery or 22 cleanup operations for a minimum of forty hours is the qualifying condi- 23 tion or impairment of health which the member seeks to be eligible for 24 the presumption provided for under this paragraph. A member shall also 25 be eligible for the presumption provided for under this paragraph 26 notwithstanding the fact that the member did not participate in World 27 Trade Center recovery and cleanup operations for a minimum of forty 28 hours, provided that the member drove, rode in, repaired, cleaned, reha- 29 bilitated, or otherwise used or worked in vehicles or equipment, includ- 30 ing emergency vehicle radio equipment, owned by the state of New York 31 that was contaminated by debris in the World Trade Center site, as 32 defined in paragraph (f) of subdivision thirty-six of section two of 33 this chapter, regardless of whether the use of or work on said vehicles 34 and equipment was performed within the World Trade Center site, and 35 provided such use or work occurred prior to decontamination of such 36 vehicles or equipment. Absent proof to the contrary, contamination is 37 presumed where such vehicles or equipment were in service between 38 September eleventh, two thousand one and September eleventh, two thou- 39 sand two and used in the World Trade Center site. Furthermore, it is 40 presumed that a member who was a member of the state police between 41 September eleventh, two thousand one and September eleventh, two thou- 42 sand six, and occupied a position whose duties would reasonably include 43 use of or work on such contaminated vehicles and equipment, drove, rode 44 in, repaired, cleaned, rehabilitated, or otherwise used or worked on 45 such contaminated vehicles and equipment. 46 § 5. Clause (i) of subparagraph (b) of paragraph 2 of subdivision h of 47 section 363-bb of the retirement and social security law, as amended by 48 chapter 495 of the laws of 2007, is amended to read as follows: 49 (i) the member files a written and sworn statement with the member's 50 retirement system on a form provided by such system indicating the dates 51 and locations of employment [within four years following the effective52date of chapter one hundred four of the laws of two thousand five]; and 53 § 6. Subdivisions i and j of section 363-bb of the retirement and 54 social security law, subdivision i as amended and subdivision j as added 55 by chapter 5 of the laws of 2007, are amended to read as follows:S. 6061 4 1 i. Notwithstanding any other provision of this chapter or of any 2 general, special or local law, charter, administrative code or rule or 3 regulation to the contrary, if a retiree who: (1) has met the criteria 4 of subdivision h of this section and retired on a service or disability 5 retirement, or would have met the criteria if not already retired on an 6 accidental disability; and (2) has not been retired for more than twen- 7 ty-five years; and (3) dies from a qualifying condition or impairment of 8 health, as defined in subparagraph (c) of paragraph one of subdivision h 9 of this section, that is determined by the applicable head of the 10 retirement system or applicable medical board to have been caused by 11 such retiree's participation in the World Trade Center rescue, recovery 12 or cleanup operations, [as defined in subparagraph (d) of paragraph one13of] or is otherwise eligible for the presumption as provided in subdivi- 14 sion h of this section, then unless the contrary be proven by competent 15 evidence, such retiree shall be deemed to have died as a natural and 16 proximate result of an accident sustained in the performance of duty and 17 not as a result of willful negligence on his or her part. Such retiree's 18 eligible beneficiary, as set forth in section three hundred sixty-one of 19 this title, shall be entitled to an accidental death benefit as provided 20 by section three hundred sixty-one of this title, however, for the 21 purposes of determining the salary base upon which the accidental death 22 benefit is calculated, the retiree shall be deemed to have died on the 23 date of his or her retirement. Upon the retiree's death, the eligible 24 beneficiary shall make a written application to the head of the retire- 25 ment system within the time for filing an application for an accidental 26 death benefit as set forth in section three hundred sixty-one of this 27 title requesting conversion of such retiree's service or disability 28 retirement benefit to an accidental death benefit. At the time of such 29 conversion, the eligible beneficiary shall relinquish all rights to the 30 prospective benefits payable under the service or disability retirement 31 benefit, including any post-retirement death benefits, since the 32 retiree's death. If the eligible beneficiary is not the only beneficiary 33 receiving or entitled to receive a benefit under the service or disabil- 34 ity retirement benefit (including, but not limited to, post-retirement 35 death benefits or benefits paid or payable pursuant to the retiree's 36 option selection), the accidental death benefit payments to the eligible 37 beneficiary will be reduced by any amounts paid or payable to any other 38 beneficiary. 39 j. Notwithstanding any other provision of this chapter or of any 40 general, special or local law, charter, administrative code or rule or 41 regulation to the contrary, if a member who: (1) has met the criteria of 42 subdivision h of this section; and (2) dies in active service from a 43 qualifying condition or impairment of health, as defined in subparagraph 44 (c) of paragraph one of subdivision h of this section, that is deter- 45 mined by the applicable head of the retirement system or applicable 46 medical board to have been caused by such member's participation in the 47 World Trade Center rescue, recovery or cleanup operations, [as defined48in subparagraph (d) of paragraph one of] or is otherwise eligible for 49 the presumption as provided in subdivision h of this section, then 50 unless the contrary be proven by competent evidence, such member shall 51 be deemed to have died as a natural and proximate result of an accident 52 sustained in the performance of duty and not as a result of willful 53 negligence on his or her part. Such member's eligible beneficiary, as 54 set forth in section three hundred sixty-one of this title, shall be 55 entitled to an accidental death benefit provided he or she makes written 56 application to the head of the retirement system within the time forS. 6061 5 1 filing an application for an accidental death benefit as set forth in 2 section three hundred sixty-one of this title. 3 § 7. Subdivision 1 of section 161 of the workers' compensation law, as 4 added by chapter 446 of the laws of 2006, is amended to read as follows: 5 1. "Participant in World Trade Center rescue, recovery, or cleanup 6 operations" means any (a) employee who within the course of employment, 7 or (b) volunteer upon presentation to the board of evidence satisfactory 8 to the board that he or she: 9 (i) participated in the rescue, recovery, or cleanup operations at the 10 World Trade Center site between September eleventh, two thousand one and 11 September twelfth, two thousand two; or 12 (ii) worked at the Fresh Kills Land Fill in New York city between 13 September eleventh, two thousand one and September twelfth, two thousand 14 two[,]; or 15 (iii) worked at the New York city morgue or the temporary morgue on 16 pier locations on the west side of Manhattan between September eleventh, 17 two thousand one and September twelfth, two thousand two[,]; or 18 (iv) worked on the barges between the west side of Manhattan and the 19 Fresh Kills Land Fill in New York city between September eleventh, two 20 thousand one and September twelfth, two thousand two[.]; or 21 (v) as a member of the state police, drove, rode in, repaired, 22 cleaned, rehabilitated, or otherwise used or worked in vehicles or 23 equipment, including emergency vehicle radio equipment, owned by the 24 state of New York that was contaminated by debris in the World Trade 25 Center site, as defined in paragraph (f) of subdivision thirty-six of 26 section two of the retirement and social security law, regardless of 27 whether the use of or work on said vehicles and equipment was performed 28 within the World Trade Center site, provided such use or work occurred 29 prior to decontamination of such vehicles or equipment. Absent proof to 30 the contrary, contamination is presumed where such vehicles or equipment 31 were in service between September eleventh, two thousand one and Septem- 32 ber eleventh, two thousand two and used in the World Trade Center site. 33 Furthermore, it is presumed a member who was a member of the state 34 police between September eleventh, two thousand one and September elev- 35 enth, two thousand six, and occupied a position whose duties would 36 reasonably include use of or work on the contaminated vehicles and 37 equipment, drove, rode in, repaired, cleaned, rehabilitated, or other- 38 wise used or worked on such contaminated vehicles and equipment. 39 § 8. Notwithstanding any other provision to the contrary, none of the 40 provisions of this act shall be subject to section 25 of the retirement 41 and social security law. 42 § 9. This act shall take effect immediately and shall be deemed to 43 have been in full force and effect on and after September 11, 2001; 44 provided, however, that the amendments to section 161 of the workers' 45 compensation law made by section seven of this act shall apply to all 46 open and closed claims coming within the purview of the workers' compen- 47 sation board.
