Bill Text: NY S06542 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to replacing all instances of the words or variations of the words fireman or policeman with the words firefighter or police officer or variation thereof.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-28 - SIGNED CHAP.476 [S06542 Detail]
Download: New_York-2017-S06542-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6542--B 2017-2018 Regular Sessions IN SENATE June 1, 2017 ___________ Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the civil service law, the executive law, the legisla- tive law, the public officers law, the workers' compensation law, the railroad law, the labor law, the vehicle and traffic law, the public authorities law, the public housing law, the public health law, the general municipal law, the second class cities law, the local finance law, the municipal home rule law, the general city law, the town law, the county law, the military law, the village law, the education law, the mental hygiene law, the Indian law, the retirement and social security law, the insurance law, the not-for-profit corporation law, the tax law, the general business law, the social services law, the penal law, the transportation corporations law, the multiple residence law, the correction law, the criminal procedure law, the real property tax law, the racing, pari-mutuel wagering and breeding law, the uniform justice court act, the New York city criminal court act, the administrative code of the city of New York, and the volunteer fire- fighters' benefit law, in relation to replacing all instances of the words or variations of the words fireman or policeman with the words firefighter or police officer or variation thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The article heading of article 6 of the civil service law, 2 as added by chapter 790 of the laws of 1958, is amended to read as 3 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11359-08-8S. 6542--B 2 1 SPECIAL RIGHTS FOR VETERANS AND EXEMPT VOLUNTEER 2 [FIREMEN] FIREFIGHTERS 3 § 2. Subdivision 4-b of section 23 of the civil service law, as added 4 by chapter 785 of the laws of 1971, is amended to read as follows: 5 4-b. Geographic certification based on need. A municipal commission 6 having jurisdiction over a city or civil division may provide that 7 eligibles, other than those eligibles on [policemen and firemen] police 8 officer and firefighter lists, who are residents of a geographically-de- 9 fined area which is a portion of such city or civil division shall be 10 certified first for appointment to positions in such area where in order 11 to qualify for federal moneys such certification is required. Upon 12 exhaustion of the list of such resident eligibles, certifications shall 13 be made from the whole eligible list. 14 § 3. Section 86 of the civil service law, as amended by chapter 283 of 15 the laws of 1972, is amended to read as follows: 16 § 86. Transfer of veterans or exempt volunteer [firemen] firefighters 17 upon abolition of positions. If the position in the non-competitive or 18 in the labor class held by any honorably discharged veteran of the armed 19 forces of the United States who served therein in time of war as defined 20 in section eighty-five of this chapter, or by an exempt volunteer [fire-21man] firefighter as defined in the general municipal law, shall become 22 unnecessary or be abolished for reasons of economy or otherwise, the 23 honorably discharged veteran or exempt volunteer [fireman] firefighter 24 holding such position shall not be discharged from the public service 25 but shall be transferred to a similar position wherein a vacancy exists, 26 and shall receive the same compensation therein. It is hereby made the 27 duty of all persons clothed with the power of appointment to make such 28 transfer effective. The right to transfer herein conferred shall 29 continue for a period of one year following the date of abolition of the 30 position, and may be exercised only where a vacancy exists in an appro- 31 priate position to which transfer may be made at the time of demand for 32 transfer. Where the positions of more than one such veteran or exempt 33 volunteer [fireman] firefighter are abolished and a lesser number of 34 vacancies in similar positions exist to which transfer may be made, the 35 veterans or exempt volunteer [firemen] firefighters whose positions are 36 abolished shall be entitled to transfer to such vacancies in the order 37 of their original appointment in the service. Nothing in this section 38 shall be construed to apply to the position of private secretary, cash- 39 ier or deputy of any official or department. This section shall have no 40 application to persons encompassed by section eighty-a of this chapter. 41 § 4. Paragraph (f) of subdivision 2 of section 172-a of the executive 42 law, as amended by chapter 43 of the laws of 2002, is amended to read as 43 follows: 44 (f) A local post, camp, chapter or similarly designated element, or a 45 county unit of such elements, of a bona fide veterans' organization 46 which issues charters to such local elements throughout this state, a 47 bona fide organization of volunteer [firemen] firefighters, an organiza- 48 tion providing volunteer ambulance service (as defined in section three 49 thousand one of the public health law) or a bona fide auxiliary or 50 affiliate of such organizations, provided all its fund-raising activ- 51 ities are carried on by members of such an organization or an affiliate 52 thereof and such members receive no compensation, directly or indirect- 53 ly, therefor. 54 § 5. Subdivision 1 of section 226 of the executive law, as amended by 55 chapter 434 of the laws of 1966, is amended to read as follows:S. 6542--B 3 1 1. The governing board of any police district provided for under arti- 2 cle fourteen-a of the town law or of any town or of any village, may 3 from time to time respectively contract upon behalf of said district, 4 town or village with the superintendent of state police upon behalf of 5 the state for the regular assignment of state police to said district, 6 town or village upon the following terms and conditions: The superinten- 7 dent of state police shall detail such number of state [policemen] 8 police officers as shall be agreed upon to such district, town or 9 village for a period of one year; the pay, maintenance and other 10 expenses of such detail for a period of one year shall be computed by 11 the superintendent of state police with the approval of the state comp- 12 troller pro rata upon the total cost of the pay, maintenance and similar 13 expenses of the whole department; before such contract shall take effect 14 the governing board of said district, town or village shall deposit to 15 the credit of the division of state police in a depository to be desig- 16 nated by the state comptroller with proper sureties, one half the sum of 17 money so computed and upon the first day of the sixth month during the 18 continuance of said contract shall likewise deposit the remainder of 19 said sum; the superintendent of state police, upon audit of the comp- 20 troller, shall draw upon said depository for the pay, maintenance and 21 other expenses of said detail when due; said detail shall have all the 22 powers and duties and shall remain at all times under the authority and 23 discipline of the superintendent of state police as provided for state 24 police assigned to regular duty under this article. 25 § 6. Paragraph (v) of subdivision (l) of section 1-c of the legisla- 26 tive law, as amended by chapter 14 of the laws of 2007, is amended to 27 read as follows: 28 (v) municipal officers and employees including an officer or employee 29 of a municipality, whether paid or unpaid, including members of any 30 administrative board, commission or other agency thereof and in the case 31 of a county, shall be deemed to also include any officer or employee 32 paid from county funds. No person shall be deemed to be a municipal 33 officer or employee solely by reason of being a volunteer [fireman] 34 firefighter or civil defense volunteer, except a fire chief or assistant 35 fire chief. 36 § 7. Subdivision 5 of section 3 of the public officers law, as added 37 by chapter 480 of the laws of 1958, is amended to read as follows: 38 5. Volunteer [firemen] firefighters and volunteer fire officers of a 39 fire department or any company or unit thereof shall not be deemed to be 40 holding a civil office or a local office within the meaning of this 41 section and the provisions of this section shall not apply to such 42 volunteer [firemen] firefighters and volunteer fire officers. This 43 subdivision shall not be deemed to amend, modify or supersede any other 44 general, special or local law, city or village charter, code or ordi- 45 nance, or any rule or regulation governing any such fire department, 46 which prescribes the qualifications which a person must have to be a 47 volunteer [fireman] firefighter or a volunteer fire officer of a poli- 48 tical subdivision or municipal corporation. 49 § 8. Paragraph 3 of subdivision 4 of section 30 of the public officers 50 law, as amended by chapter 895 of the laws of 1961, is amended to read 51 as follows: 52 (3) If the police force of which he is a member consists of less than 53 two hundred full-time members; provided, however, that the local legis- 54 lative body of such political subdivision or municipal corporation 55 having such police force shall have power to adopt and amend local laws, 56 ordinances or resolutions of general application requiring members ofS. 6542--B 4 1 such police force, other than those members covered by paragraph one or 2 paragraph two of this subdivision, to reside in such political subdivi- 3 sion or municipal corporation, or permitting them to reside in specified 4 areas of such counties or within specified distances from the political 5 subdivision or municipal corporation provided such local legislative 6 body shall determine that a [policeman] police officer may respond ther- 7 efrom promptly and be available to render active service in such poli- 8 tical subdivision or municipal corporation. 9 § 9. The opening paragraph of subdivision 5 and the opening paragraph 10 of subdivision 9 of section 2 of the workers' compensation law, the 11 opening paragraph of subdivision 5 as amended by chapter 503 of the laws 12 of 2016, and the opening paragraph of subdivision 9 as amended by chap- 13 ter 24 of the laws of 1988, are amended to read as follows: 14 "Employment" includes employment in a trade, business or occupation 15 carried on by the employer for pecuniary gain, or in connection there- 16 with, except where the employer elects to bring his or her employees 17 within the provisions of this chapter as provided in section three of 18 this article, and except employment as a domestic worker as provided in 19 section three of this article, and except where a town elects to have 20 the provisions of this chapter apply to the town superintendent of high- 21 ways. "Employment" shall also include, in connection with the civil 22 defense effort and for purposes of this chapter the service of a civil 23 defense volunteer in authorized activities of a volunteer agency spon- 24 sored or authorized by a local office as defined in a state defense 25 emergency act. "Employment" shall also include participation with an 26 auxiliary police effort made within a municipal corporation which 27 elected to include auxiliary [policemen] police officers within the 28 definition of "employee" as authorized by subdivision four of this 29 section and for purposes of this chapter, the services of members or 30 volunteers in activities authorized by local law. The service of a civil 31 defense volunteer who is also an employee recompensed by an employer for 32 service to such employer, shall not be deemed to be in employment of a 33 local office when he or she is performing civil defense service in his 34 or her employment or in relation thereto. For the purposes of this chap- 35 ter only "employment" shall also include the delivery or sale and deliv- 36 ery of newspapers or periodicals by a newspaper carrier as defined in 37 section thirty-two hundred twenty-eight of the education law, but shall 38 not include delivery of newspapers or shopping news to the consumer 39 (including any services directly related to such trade or business) by a 40 person who is not performing commercial goods transportation services 41 for a commercial goods transportation contractor within the meaning of 42 article twenty-five-C of the labor law. The term "employment" shall not 43 include the services of a licensed real estate broker or sales associate 44 if it be proven that (a) substantially all of the remuneration (whether 45 or not paid in cash) for the services performed by such broker or sales 46 associate is directly related to sales or other output (including the 47 performance of services) rather than to the number of hours worked; (b) 48 the services performed by the broker or sales associate are performed 49 pursuant to a written contract executed between such broker or sales 50 associate and the person for whom the services are performed within the 51 past twelve to fifteen months; and (c) the written contract provided for 52 in paragraph (b) herein was not executed under duress and contains the 53 following provisions: 54 "Wages" means the money rate at which the service rendered is recom- 55 pensed under the contract of hiring in force at the time of the acci- 56 dent, including the reasonable value of board, rent, housing, lodging orS. 6542--B 5 1 similar advantage received from the employer, or in the case of (a) a 2 civil defense volunteer, (b) a volunteer worker in a state department as 3 provided in group sixteen of subdivision one of section three of this 4 chapter, (c) a volunteer worker for a social services district as 5 provided in group seventeen of subdivision one of section three of this 6 chapter, (d) a county fire coordinator, a deputy county fire coordinator 7 or a comparable county official to whom the provisions of group 8 fifteen-a of subdivision one of section three of this chapter are appli- 9 cable, who is also a volunteer firefighter or ambulance worker, (e) a 10 fire district officer whether elective or appointive and whether or not 11 he or she is compensated for his or her services or a paid fire or ambu- 12 lance district employee, (f) a state fire instructor whose compensation 13 is paid in whole or in part by the state, (g) an enrolled member of a 14 fire company who, is not a volunteer firefighter, receives compensation 15 for his or her services and is not a full-time [fireman] firefighter, 16 known as a "call [fireman] firefighter", (h) persons who are performing 17 services for a public or not-for-profit corporation, association, insti- 18 tution or agency organized as an unincorporated association or duly 19 incorporated under the laws of this state in fulfillment of a sentence 20 of probation or of conditional discharge, or persons performing such 21 services pursuant to the provisions of section 170.55 or 170.56 of the 22 criminal procedure law, (i) an auxiliary [policeman] police officer in a 23 municipal corporation which elected to include such persons within the 24 definition of "employee" as authorized by subdivision four of this 25 section, or (j) a duly appointed member of a regional hazardous materi- 26 als incidents team recognized under section two hundred nine-y of the 27 general municipal law, such money rate applying in his or her regular 28 vocation or the amount of the regular earnings of such volunteer, coor- 29 dinator, instructor, or comparable officer, fire or ambulance district 30 officer or employee or call [fireman] firefighter, or team member as the 31 case may be, in his or her regular vocation, plus any amount earned as 32 such a coordinator, instructor or comparable officer, or as such a fire 33 or ambulance district officer or employee or call [fireman] firefighter 34 or team member, provided, however, that in no event shall the average 35 weekly wage be fixed at less than thirty dollars regardless of whether 36 or not such volunteer, coordinator, instructor or comparable officer or 37 fire or ambulance district officer or employee or call [fireman] fire- 38 fighter or team member had gainful employment elsewhere at the time of 39 the injury. 40 § 10. Group 17 of subdivision 1 of section 3 of the workers' compen- 41 sation law, as amended by chapter 470 of the laws of 1986, is amended to 42 read as follows: 43 Group 17. Any employment carried on by a municipal corporation or 44 other subdivision of the state and enumerated in the foregoing groups 45 one to fourteen, inclusive, and on and after July first, nineteen 46 hundred fifty-one, other such employment to the extent of authorized 47 services related to civil defense and performed by employees in the 48 course of employment or in relation thereto; and the sheriff and under- 49 sheriff of any county and the duly appointed regular deputies of the 50 sheriff, notwithstanding the definition of the term "employment" in 51 subdivision five of section two of this chapter; but employment in the 52 department of sanitation of the city of New York in the sanitation 53 service classification of the classified civil service of such city 54 shall not be within the coverage of this chapter. The activities of 55 civil defense volunteers who are auxiliary [firemen] firefighters and 56 members of rescue squads in authorized services while undergoing train-S. 6542--B 6 1 ing or practice sponsored or authorized by a local office of civil 2 defense, as defined in the state defense emergency act, and on and after 3 July first, nineteen hundred fifty-three, the activities of all civil 4 defense volunteers who are personnel of such local office of civil 5 defense in authorized services during authorized participation in train- 6 ing and practice exercises held at the direction of or designated as 7 state training and practice exercises by the state civil defense commis- 8 sion pursuant to the provisions of section twenty-one, subdivision 9 three-f of the state defense emergency act, are hazardous employments 10 carried on by the municipal corporation or other subdivision of the 11 state that created the local office under the state defense emergency 12 act and such members of an auxiliary police organization located in a 13 municipal corporation which elected to include such persons within the 14 definition of "employee" as authorized by subdivision four of section 15 two of this chapter shall be deemed employees of the municipal corpo- 16 ration authorizing their services, and such members of rescue squads, 17 auxiliary [firemen] firefighters, and civil defense volunteers shall be 18 deemed employees of the municipal corporation or other subdivision of 19 the state for purposes of this chapter, provided, however, that each 20 such municipal corporation or other subdivision of the state or insur- 21 ance carrier shall in the first instance pay all awards of workers' 22 compensation, including medical benefits, provided by this chapter; and 23 such municipal corporation or other subdivision of the state or insur- 24 ance carrier shall be reimbursed by the comptroller of the state of New 25 York, periodically every six months, on vouchers certified by the state 26 civil defense commission, for one-half of all workers' compensation 27 benefits, including both cash and medical benefits, paid pursuant to 28 awards of the board, to the extent not previously reimbursed, paid for 29 injury or death of a civil defense volunteer caused by an accident that 30 arose out of and in the course of any such training and practice exer- 31 cise, held on and after July first, nineteen hundred fifty-three, at the 32 direction of or designated as a state training and practice exercise by 33 the state civil defense commission pursuant to the provisions of section 34 twenty-one, subdivision three-f of the state defense emergency act. A 35 town shall not be deemed to be the employer of the officers and employ- 36 ees of a fire district and shall not be liable for payment of compen- 37 sation to such officers or employees under any provision of this chap- 38 ter. A social services official, as defined in subdivision fourteen of 39 section two of the social services law, may accept or approve the 40 services of volunteer workers without salary, in accordance with the 41 regulations of the state department of social services, and such a 42 voluntary worker shall be deemed to be an employee of the social 43 services district in the unclassified service for the purpose of this 44 chapter. 45 § 11. Section 19-c of the workers' compensation law, as added by chap- 46 ter 466 of the laws of 1978, is amended to read as follows: 47 § 19-c. Actions against health services personnel; defense and indem- 48 nification. The provisions of section seventeen of the public officers 49 law shall apply to actions and proceedings, against physicians, nurses 50 and other employees of the board whose duties involve medical examina- 51 tions under this chapter and the volunteer [firemen's] firefighters' 52 benefit law or other health services, arising out of emergency medical 53 treatment given to board employees while at work or to claimants, their 54 attorneys, licensed representatives, witnesses, employers, their repre- 55 sentatives and representatives of carriers, while visiting the officesS. 6542--B 7 1 of the board or the hearing points at which proceedings are conducted or 2 any other person properly on board premises. 3 § 12. Section 30 of the workers' compensation law, as amended by chap- 4 ter 280 of the laws of 1963, is amended to read as follows: 5 § 30. Revenues or benefits from other sources not to affect compen- 6 sation. No benefits, savings or insurance of the injured employee, inde- 7 pendent of the provisions of this chapter, shall be considered in deter- 8 mining the compensation or benefits to be paid under this chapter, 9 except that (1) in case of the death of an employee of the state, a 10 municipal corporation or any other political subdivision of the state, 11 any benefit payable under a pension system or any other statutory bene- 12 fit which is not sustained or provided for in whole or in part by the 13 contribution of the employee, may be applied toward the payment of the 14 death benefit provided by this chapter; (2) in case of an award of 15 compensation to a paid [fireman] firefighter of a fire company or fire 16 department of a city of less than one million population, or town, 17 village or fire district any salary or wages paid to, or the cost of any 18 medical treatment and hospital care provided for, such paid [fireman] 19 firefighter under and pursuant to the provisions of section two hundred 20 seven-a of the general municipal law shall be credited against any award 21 of compensation to such paid [fireman] firefighter under this chapter 22 where the injury occurred or disablement arose on or after May first, 23 nineteen hundred fifty-one; and (3) in case of an award of compensation 24 to a member of a police force of any county, city of less than one 25 million population, town or village, or of any district, agency, board, 26 body or commission thereof, any salary or wages paid to, or the cost of 27 any medical treatment or hospital care provided for, such member under 28 and pursuant to the provisions of section two hundred seven-c of the 29 general municipal law shall be credited against any award of compen- 30 sation to such member under this chapter where the injury occurred or 31 the disablement arose on or after May first, nineteen hundred sixty- 32 three. 33 § 13. Section 30 of the workers' compensation law, as amended by chap- 34 ter 628 of the laws of 1991, is amended to read as follows: 35 § 30. Revenues or benefits from other sources not to affect compen- 36 sation. No benefits, savings or insurance of the injured employee, inde- 37 pendent of the provisions of this chapter, shall be considered in deter- 38 mining the compensation or benefits to be paid under this chapter, 39 except that (1) in case of the death of an employee of the state, a 40 municipal corporation, any other political subdivision of the state, 41 including for this purpose The Long Island Rail Road Company, any bene- 42 fit payable under a pension system or any other statutory benefit which 43 is not sustained or provided for in whole or in part by the contribution 44 of the employee, may be applied toward the payment of the death benefit 45 provided by this chapter; (2) in case of an award of compensation to a 46 paid [fireman] firefighter of a fire company or fire department of a 47 city of less than one million population, or town, village or fire 48 district any salary or wages paid to, or the cost of any medical treat- 49 ment and hospital care provided for, such paid [fireman] firefighter 50 under and pursuant to the provisions of section two hundred seven-a of 51 the general municipal law shall be credited against any award of compen- 52 sation to such paid [fireman] firefighter under this chapter where the 53 injury occurred or disablement arose on or after May first, nineteen 54 hundred fifty-one; and (3) in case of an award of compensation to a 55 member of a police force of any county, city of less than one million 56 population, town or village, any district, agency, board, body orS. 6542--B 8 1 commission thereof, or of The Long Island Rail Road Company, any salary 2 or wages paid to, or the cost of any medical treatment or hospital care 3 provided for, such member under and pursuant to the provisions of 4 section two hundred seven-c of the general municipal law shall be cred- 5 ited against any award of compensation to such member under this chapter 6 where the injury occurred or the disablement arose on or after May 7 first, nineteen hundred sixty-three, or in the case of The Long Island 8 Rail Road Company, on or after the date this section is effective with 9 respect to members of its police force. 10 § 14. Subdivision 7 of section 60 of the workers' compensation law, as 11 amended by chapter 24 of the laws of 1988, is amended to read as 12 follows: 13 7. "Liability." The liability of a participant to pay compensation, 14 assessments and all other obligations imposed by or pursuant to this 15 chapter, the volunteer [firemen's] firefighters' benefit law, and the 16 volunteer ambulance workers' benefit law except as otherwise provided in 17 section sixty-one of this chapter. 18 § 15. Subdivisions 3, 4 and 6 of section 61 of the workers' compen- 19 sation law, as amended by chapter 755 of the laws of 1965, are amended 20 to read as follows: 21 3. A local law establishing a plan pursuant to this article may, 22 notwithstanding the provisions of paragraph f of subdivision one of 23 section eleven of the municipal home rule law, provide that the 24 provisions of subdivision three of section sixty-three of this [chapter] 25 article, as amended from time to time, shall not be applicable to the 26 plan in that county and, if such plan is established, the term "liabil- 27 ity", as used in this article, shall not include any compensation, 28 assessments or other obligations under the volunteer [firemen's] fire- 29 fighters' benefit law and the provisions of subdivision three of section 30 sixty-three of this [chapter] article, as amended from time to time, 31 shall not be applicable in relation to such plan. 32 4. If a plan has been continued pursuant to this article, the board of 33 supervisors may, notwithstanding the provisions of paragraph f of subdi- 34 vision one of section eleven of the municipal home rule law, adopt a 35 local law on or before the first day of August in any year to provide 36 that the provisions of subdivision three of section sixty-three of this 37 [chapter] article, as amended from time to time, shall not be applicable 38 to the plan in that county after the thirty-first day of December in 39 such year, except as to liabilities existing on such latter date, and, 40 if such a local law is adopted, the term "liability", as used in this 41 article, shall not include any compensation, assessments or other obli- 42 gations under the volunteer [firemen's] firefighters' benefit law, and 43 the provisions of subdivision three of section sixty-three of this 44 [chapter] article shall not be applicable in relation to such plan, 45 after the thirty-first day of December in such year, except as to, and 46 in connection with, liabilities existing on such thirty-first day of 47 December. 48 6. Notwithstanding the provisions of paragraph f of subdivision one of 49 section eleven of the municipal home rule law, the board of supervisors 50 of a county may by local law amend the definition of "liability", as 51 defined in subdivision seven of section sixty of this [chapter] article, 52 to exclude any liability under paragraph m of subdivision one of section 53 five of the volunteer [firemen's] firefighters' benefit law. 54 § 16. The section heading and subdivisions 1, 8, 10, 11, 12, 13, 14, 55 15, 16, 17 and 18 of section 88 of the railroad law, the section heading 56 and subdivisions 8, 10, 11, 12, 13, 14, 15, 16 and 18 as amended byS. 6542--B 9 1 chapter 247 of the laws of 1964, subdivision 1 as amended by chapter 136 2 of the laws of 1968, and subdivision 17 as amended by chapter 149 of the 3 laws of 1989, are amended to read as follows: 4 When railroads may designate [policemen] police officers. 5 1. Upon the application of any corporation owning or operating a rail- 6 road, express company operating over a railroad, or of any steamboat 7 company, the superintendent of state police may appoint any person as a 8 [policeman] police officer, with all the powers of a [policeman] police 9 officer in cities and villages, for the preservation of order and of the 10 public peace, and the arrest of all persons committing offenses upon the 11 land of or upon property in the custody of or under the control of such 12 corporation, express company or steamboat company. [When the committed13offense would constitute a violation a summons in lieu of arrest may be14issued. In the city of New York such summonses shall be issued only in15accordance with the provisions of paragraph eight of section fifty-seven16of the New York city criminal court act and any rule or order of court17promulgated pursuant thereto.] 18 8. If any person who has not received the minimum police and/or 19 firearms training described in [the preceding two paragraphs] subdivi- 20 sions six and seven of this section shall be appointed a [policeman] 21 police officer under this section, the corporation, express company or 22 steamboat company which made application for his or her employment shall 23 furnish the superintendent of state police, within six months of the 24 date of appointment, a certificate issued by an approved municipal 25 police council training school or its equivalent as previously described 26 in this section, certifying the successful completion by the appointee 27 of the minimum training required and/or shall certify to the superinten- 28 dent of state police within six months of the date of appointment that 29 the appointee has received adequate training in the use of firearms and 30 in the event such certificate and/or such certification are not 31 furnished the superintendent of state police within the time prescribed 32 herein, he or she shall revoke the appointment. 33 10. No person shall be appointed who is not an American citizen, and 34 who has not, prior to the time of the filing of the application, filed 35 in the office of the department of state his or her written consent to 36 his or her appointment as such [policeman] police officer. 37 11. No conductor, brakeman, fireman, engineer or other person actively 38 engaged in the operation and movement of any train or car or set of cars 39 shall be eligible for appointment as a [policeman] police officer. 40 12. Each person designated to act as such [policeman] police officer 41 shall receive a license from the secretary of state and shall not be 42 permitted to enter upon his or her duties as such [policeman] police 43 officer until he or she has actually received such license. 44 13. Every such [policeman] police officer shall when on duty wear a 45 metallic shield with the words "railroad police" or "steamboat police" 46 or "express police" as the case may be and the name of the corporation, 47 express company or steamboat company for which appointed inscribed ther- 48 eon, which shall always be worn in plain view, except when employed as a 49 detective. 50 14. A person appointed [policeman] police officer under this section 51 shall not, while the appointment is in force, be employed by or perform 52 any service for the corporation, express company, or steamboat company, 53 in any other capacity than that of [policeman] police officer and he or 54 she shall not be permitted to exercise the duties or functions of a 55 [policeman] police officer except upon the property or in connection 56 with the property connected with or under the control of the corpo-S. 6542--B 10 1 ration, express company, or steamboat company, for which he or she has 2 been appointed. 3 15. The compensation of every such [policeman] police officer shall be 4 such as may be agreed upon between him or her and the corporation, 5 express company, or steamboat company, for which he or she is appointed 6 and shall be paid by the corporation, express company, or steamboat 7 company. 8 16. When any such corporation, express company, or steamboat company, 9 shall no longer require the services of any [policeman] police officer 10 appointed under this section it shall file notice to that effect in the 11 office of the department of state, and thereupon such appointment shall 12 cease and be at an end. 13 17. The superintendent of state police may also at pleasure revoke or 14 suspend the appointment of any such [policeman] police officer by filing 15 a notice of suspension or revocation thereof in the office of the 16 department of state and mailing a notice of such filing to the corpo- 17 ration, express company or steamboat company for which he or she was 18 appointed, and also to the person whose appointment is suspended or 19 revoked, at his or her last home address as the same appears in the 20 certificate of appointment or the latest statement thereof on file. An 21 appointment suspended by the superintendent may be restored by him or 22 her upon the filing of a restoration notice to the department of state, 23 the person suspended, and his or her employer. 24 18. If such person thereafter, knowing of such revocation or having in 25 any manner received notice thereof, exercises or attempts to exercise 26 any of the powers of a [policeman] police officer, under this section, 27 he or she shall be guilty of a misdemeanor; and the filing and mailing 28 of such notice, as above provided, shall be presumptive evidence that 29 such person knew of the revocation. 30 § 17. Subdivision (b) of section 870-m of the labor law, as amended by 31 chapter 643 of the laws of 1986, is amended to read as follows: 32 (b) This article shall not apply to the use of a viewing stand or tent 33 on any state or county fairgrounds or to the use of a viewing stand or 34 tent owned, leased or operated by any bona fide religious, charitable, 35 educational, fraternal, service, veteran or volunteer [firemen] fire- 36 fighter organization; except that it shall apply to any private owner or 37 lessee who operates an amusement device, viewing stand or tent on a 38 state or county [fairgound] fairground, or for or on behalf of such 39 organization. 40 § 18. The opening paragraph of subdivision 4 of section 375 of the 41 vehicle and traffic law, as amended by chapter 592 of the laws of 1977, 42 is amended to read as follows: 43 No headlamp shall be used upon any motor vehicle except a motorcycle 44 operated upon the public highways of this state, unless such lamp is 45 approved by the commissioner or is equipped with a lens or other device 46 approved by the commissioner. Every such headlamp, lens or other device 47 shall be applied and adjusted in accordance with the requirements of the 48 certificate approving the use thereof. Every such headlamp shall be 49 firmly and substantially mounted on the motor vehicle in such manner as 50 to allow the lamp to be properly and readily adjusted. The operator of 51 every motor vehicle shall permit any [policeman,] police officer or 52 other person exercising police powers to inspect the equipment of such 53 motor vehicle, and make such tests as may be necessary to determine 54 whether the provisions of this section are being complied with.S. 6542--B 11 1 § 19. Subdivisions 2 and 3 of section 381 of the vehicle and traffic 2 law, subdivision 3 as amended by chapter 300 of the laws of 1960, are 3 amended to read as follows: 4 2. No head lamp shall be used upon any motorcycle operated upon the 5 public highways of the state, unless such lamp is approved by the 6 commissioner or is equipped with a lens or other device approved by the 7 commissioner. Every such head lamp, lens or other device shall be 8 applied and adjusted in accordance with the requirements of the certif- 9 icate approving the use thereof. Every such head lamp shall be firmly 10 and substantially mounted on the motorcycle in such manner as to allow 11 the lamp to be properly and readily adjusted. Each reflector which is 12 used as a part of such head lamp shall have a polished silver or glass 13 reflecting surface, or a reflecting surface which gives candle power 14 intensity meeting the requirements of rules and regulations established 15 by the commissioner, and shall be substantially free from dents, rust 16 and other imperfections. The operator of every motorcycle shall permit 17 any [policeman,] police officer or other person exercising police powers 18 to inspect the equipment of such motorcycle and make such tests as may 19 be necessary to determine whether the provisions of this section are 20 being complied with. The commissioner may make reasonable rules and 21 regulations relative to lights on motorcycles and the approval of the 22 same which may be necessary to effectuate the foregoing provisions of 23 this section. 24 3. Except as hereinafter provided, only a white or yellow light shall 25 be displayed upon a motorcycle so as to be visible from a point directly 26 in front of the vehicle. Any color light, except blue, may be displayed, 27 so as to be visible from a point directly in front of the vehicle, on a 28 police vehicle or on a motorcycle operated by a sheriff or regular depu- 29 ty sheriff when engaged in the performance of duty as a police officer. 30 Any color light, including blue, may be displayed, so as to be visible 31 from a point directly in front of the vehicle, on a motorcycle operated 32 by a chief or assistant chief of a fire department, a county or deputy 33 county fire coordinator, or a county or assistant county fire marshal. A 34 blue light may be displayed upon a motorcycle, so as to be visible from 35 a point directly in front of the vehicle, when operated by an active 36 volunteer member of a fire department or company duly authorized as 37 hereinafter provided, and while such vehicle is in use for fire or other 38 emergency service. No volunteer [fireman] firefighter shall be permitted 39 to display a blue light upon a motorcycle as hereinbefore provided 40 except while actually enroute to the scene of a fire or other emergency 41 requiring his or her services and unless he or she shall be an active 42 volunteer member of a fire department or company and shall have been 43 authorized in writing to so display a blue light by the chief of the 44 fire department or company of which he or she is a member, which author- 45 ization shall be subject to revocation at any time by the chief who 46 issued the same, or his or her successor in office. 47 § 20. Subdivision 2 of section 424 of the vehicle and traffic law, as 48 amended by chapter 114 of the laws of 1991, is amended to read as 49 follows: 50 2. Any [policeman] police officer, state trooper or peace officer 51 acting pursuant to his or her special duties shall have the power to 52 seize any motor vehicle or trailer in the state when there is good 53 reason to believe that such motor vehicle or trailer has been stolen. 54 Unless the vehicle is subject to the provisions of section four hundred 55 twenty-three-a of this article, the appropriate agency shall contact the 56 owner of such motor vehicle or trailer, if known, and, after any stolenS. 6542--B 12 1 vehicle alarm resulting from such theft has been cancelled, release the 2 vehicle to such owner. If the owner thereof cannot be ascertained in 3 accordance with procedures established by regulations of the commission- 4 er, a local police agency shall dispose of such vehicle as an abandoned 5 vehicle pursuant to section twelve hundred twenty-four of this chapter, 6 and the state police shall hold such vehicle for, or deliver it to the 7 office of general services. 8 § 21. Subdivision 14 of section 528 of the public authorities law, as 9 amended by chapter 1097 of the laws of 1971, is amended to read as 10 follows: 11 14. To appoint or designate one or more persons for the purpose of 12 enforcing law, order and the observance of the rules and regulations 13 established by the authority. Each person as and when so appointed or 14 designated may, during the term of such appointment or designation be 15 uniformed and shall be known as a "New York state bridge authority 16 patrolman" and shall be a police officer as defined by paragraph (e) of 17 subdivision thirty-four of section 1.20 of the criminal procedure law 18 and shall have, within the limits of the cities, towns and villages 19 within which any part of a bridge, or any ferry property, operated by 20 the authority shall be located, all the powers of a constable, marshal, 21 police constable or [policeman] police officer of a city, town or 22 village in the execution of criminal processes; and criminal process 23 issued by any court or magistrate of a county, town, city or village 24 within which any part of a bridge or any ferry property operated by the 25 authority shall be located, may be directed to and executed by any such 26 patrolman notwithstanding the provisions of any local or special act, 27 ordinance or regulation. 28 § 22. Subdivision 16 of section 1204 of the public authorities law, as 29 separately amended by chapters 1024 and 1097 of the laws of 1971, is 30 amended to read as follows: 31 16. In its discretion to provide and maintain a transit police depart- 32 ment and a uniformed transit police force. Such department and force 33 shall have the power and it shall be their duty, in and about transit 34 facilities, to preserve the public peace, prevent crime, detect and 35 arrest offenders, suppress riots, mobs and insurrections, disperse 36 unlawful or dangerous assemblages and assemblages which obstruct free 37 passage; protect the rights of persons and property; guard the public 38 health; regulate, direct, control and restrict pedestrian traffic; 39 remove all nuisances; enforce and prevent violation of all laws and 40 ordinances; and for these purposes to arrest all persons guilty of 41 violating any law or ordinance. Appointments to such transit police 42 force shall be made in accordance with applicable provisions of the 43 civil service law and only persons who shall be less than twenty-nine 44 years of age at the date of the filing of an application for civil 45 service examination, who have never been convicted of a felony, and who 46 are citizens of the United States shall be appointed transit patrolmen 47 on the transit police force. Each member of such force shall be a police 48 officer as defined by paragraph (e) of subdivision thirty-four of 49 section 1.20 of the criminal procedure law and shall possess all the 50 powers of a [policeman] police officer of a city in the execution of 51 criminal process; and criminal process issued by any court or magistrate 52 of a city may be directed to and executed by a member of such force, 53 notwithstanding the provisions of any local or special act, ordinance or 54 regulation. 55 The authority may appoint a chief and a deputy chief of the transit 56 police department who, in the discretion of the authority, may beS. 6542--B 13 1 selected from the ranks of the transit police force, and assign powers 2 and duties to them and fix their compensation. The chief shall be the 3 head of such department. During the absence or disability of the chief, 4 the deputy chief shall possess all the powers and perform all the duties 5 of the chief. The transit police force shall consist of captains, lieu- 6 tenants, sergeants[, patrolmen and policewomen] and police officers. The 7 authority may detail persons in the rank of captain of the transit 8 police force to serve in higher ranks. A captain when so detailed to 9 serve in a higher rank may be granted an increase in salary above the 10 grade established for the rank of captain in the uniformed force. The 11 authority may maintain a division for detective purposes to be known as 12 the detective division and may, from time to time, detail to service in 13 said division as many members of the force as it may deem necessary, and 14 may at any time revoke any such detail. Any member of the force while so 15 detailed may be granted an increase in salary above the grade estab- 16 lished for his or her rank in the uniformed force, but shall retain his 17 or her rank in the force and shall be eligible for promotion the same as 18 if serving in the uniformed force, and the time during which he or she 19 serves in such division shall count for all purposes as if served in his 20 or her rank or grade in the uniformed force. 21 § 23. Section 2851 of the public authorities law, as added by chapter 22 832 of the laws of 1958, the section heading as amended and such section 23 as renumbered by chapter 838 of the laws of 1983, is amended to read as 24 follows: 25 § 2851. Age not to be bar to employment by public authorities. No 26 public authority shall hereafter prohibit, prevent, disqualify or 27 discriminate against any person applying for employment by, such author- 28 ity, who is physically and mentally qualified, or from competing, 29 participating or registering for a position, or be penalized in a final 30 rating for any position, by reason of his or her age. Any existing rule, 31 regulation, penalty or requirement resolution preventing the hiring of 32 persons because of age shall be void, except that nothing herein 33 contained, shall prevent any public authority from adopting reasonable 34 minimum or maximum age requirements for positions such as [policeman,35fireman] police officer, firefighter, guard or other positions which 36 require extraordinary physical effort except where age limits for such 37 positions are already prescribed by law. 38 Notwithstanding any provisions to the contrary, no person who is phys- 39 ically or mentally qualified may be disqualified from, competing, 40 participating or registering for a promotional examination or be penal- 41 ized in a final rating or barred from promotion after having passed such 42 promotion examination by reason of his or her age, by any public author- 43 ity. 44 § 24. The opening paragraph of subdivision 5 of section 402 of the 45 public housing law, as amended by chapter 875 of the laws of 1990, is 46 amended to read as follows: 47 Notwithstanding any provisions to the contrary contained in this chap- 48 ter, or any general, special or local law, the New York city housing 49 authority shall have the power in its discretion to provide and maintain 50 a housing police department and a uniformed housing police force. Such 51 department and force shall have the power and it shall be their duty, in 52 and about housing facilities, to preserve the public peace, prevent 53 crime, detect and arrest offenders, suppress riots, mobs and insurrec- 54 tions, disperse unlawful or dangerous assemblages and assemblages which 55 obstruct free passage; protect the rights of persons and property; guard 56 the public health; remove all nuisances; enforce and prevent violationS. 6542--B 14 1 of all laws and ordinances; and for these purposes to arrest all persons 2 guilty of violating any law or ordinance and shall provide for the 3 performance, without unnecessary delay, of all recording, fingerprint- 4 ing, photographing and other preliminary police duties. Appointments to 5 such housing police force shall be made in accordance with applicable 6 provisions of the civil service law and only persons who have never been 7 convicted of a felony, and who are citizens of the United States shall 8 be appointed housing [patrolmen] patrol officers on the housing police 9 force. Each member of such force shall be a police officer as defined by 10 paragraph (e) of subdivision thirty-four of section 1.20 of the criminal 11 procedure law and, while on duty, shall possess all the powers of a 12 [policeman] police officer of a city in the execution of criminal proc- 13 ess; and criminal process issued by any court or magistrate of a city 14 may be directed to and executed by a member of such force. 15 § 25. Section 376 of the public health law is amended to read as 16 follows: 17 § 376. Certain cities; enforcement. The head of the police department 18 shall whenever requested in writing by the commissioner of health or 19 health officer in cities having a population of less than one hundred 20 seventy-five thousand, with the approval of the mayor, detail such 21 number of regular [policemen] police officers as shall be specified in 22 such request who shall while so detailed serve under the direction of 23 the commissioner of health or health officer. 24 § 26. Section 455 of the public health law, as amended by chapter 843 25 of the laws of 1980, is amended to read as follows: 26 § 455. Hospitals; special [policemen] police officers; powers and 27 duties. 1. The director of each hospital in the department may designate 28 attendants or other employees to act as special [policemen] police offi- 29 cers whose duty it shall be under the orders of the director to protect 30 the grounds, buildings and patients of the hospital and to eject there- 31 from disorderly persons. Such attendants and employees, acting as 32 special [policemen] police officers, shall possess all the powers of 33 peace officers, as set forth in section 2.20 of the criminal procedure 34 law, on the grounds and premises. 35 2. The designation of such attendants and employees as special 36 [policemen] police officers in pursuance hereof, shall not be deemed to 37 supersede, on the grounds and premises of such hospital, the authority 38 of peace or police officers of the jurisdiction within which such hospi- 39 tal is located. 40 § 27. Subdivisions 1 and 4 of section 6-j of the general municipal 41 law, as amended by chapter 340 of the laws of 1973, are amended to read 42 as follows: 43 1. The governing board of any municipal corporation, school district 44 or fire district, which is, or shall hereafter become a self-insurer 45 under the provisions of subdivision four of section fifty[, subdivision46four] of the [workmen's] workers' compensation law or section thirty of 47 the volunteer [firemen's] firefighters' benefit law may establish a 48 reserve fund to be known as the [workmen's] workers' compensation 49 reserve fund of such municipal corporation, school district or fire 50 district. 51 4. An expenditure shall be made from such fund only for the payment of 52 compensation and benefits, medical, hospital or other expense authorized 53 by article two of the [workmen's] workers' compensation law and by the 54 volunteer [firemen's] firefighters' benefit law and expenses of adminis- 55 tering the self-insurance program for such municipal corporation, school 56 district or fire district.S. 6542--B 15 1 § 28. Section 50-c of the general municipal law, as amended by chapter 2 673 of the laws of 1979, is amended to read as follows: 3 § 50-c. Liability for negligent operation of certain vehicles in the 4 performance of duty by [policemen] police officers and paid [firemen] 5 firefighters. 1. Every city, town, village and fire district, notwith- 6 standing any inconsistent provision of law, general, special or local or 7 the limitation contained in the provisions of any city charter, shall be 8 liable for, and shall assume the liability to the extent that it shall 9 save harmless any duly appointed [policeman] police officers of the 10 municipality or any duly appointed paid [fireman] firefighters of the 11 municipality or fire district for, the negligence of such appointee in 12 the operation of a vehicle upon the public streets or highways of the 13 municipality or fire district in the discharge of a statutory duty 14 imposed upon such appointee or municipality or fire district, provided 15 the appointee at the time of the accident, injury or damages complained 16 of, was acting in the performance of his or her duties and within the 17 scope of his or her employment. 18 A [policeman] police officer of a municipality or a paid [fireman] 19 firefighter of a municipality or fire district, although excused from 20 official duty at the time, for the purposes of this section, shall be 21 deemed to be acting in the discharge of duty when engaged in the immedi- 22 ate and actual performance of a public duty imposed by law and such 23 public duty performed was for the benefit of all the citizens of the 24 community and the municipality or fire district derived no special bene- 25 fit in its corporate capacity. 26 No action or special proceeding instituted pursuant to the provisions 27 of this section or section fifty-b [or fifty-c] of this [chapter] arti- 28 cle, shall be prosecuted or maintained against the municipality, fire 29 district or appointee, unless notice of claim shall have been made and 30 served in compliance with section fifty-e of this [chapter] article. 31 Every such action shall be commenced pursuant to the provisions of 32 section fifty-i of this [chapter] article. 33 2. The provisions of this section shall not apply to the city of New 34 York. 35 § 29. Subdivision 1 of section 50-i of the general municipal law, as 36 amended by chapter 24 of the laws of 2013, is amended to read as 37 follows: 38 1. No action or special proceeding shall be prosecuted or maintained 39 against a city, county, town, village, fire district or school district 40 for personal injury, wrongful death or damage to real or personal prop- 41 erty alleged to have been sustained by reason of the negligence or 42 wrongful act of such city, county, town, village, fire district or 43 school district or of any officer, agent or employee thereof, including 44 volunteer [firemen] firefighters of any such city, county, town, 45 village, fire district or school district or any volunteer [fireman] 46 firefighter whose services have been accepted pursuant to the 47 provisions of section two hundred nine-i of this chapter, unless, (a) a 48 notice of claim shall have been made and served upon the city, county, 49 town, village, fire district or school district in compliance with 50 section fifty-e of this article, (b) it shall appear by and as an alle- 51 gation in the complaint or moving papers that at least thirty days have 52 elapsed since the service of such notice, or if service of the notice of 53 claim is made by service upon the secretary of state pursuant to section 54 fifty-three of this article, that at least forty days have elapsed since 55 the service of such notice, and that adjustment or payment thereof has 56 been neglected or refused, and (c) the action or special proceedingS. 6542--B 16 1 shall be commenced within one year and ninety days after the happening 2 of the event upon which the claim is based; except that wrongful death 3 actions shall be commenced within two years after the happening of the 4 death. 5 § 30. The section heading and subdivision 1 of section 77 of the 6 general municipal law, the section heading as amended by chapter 1013 of 7 the laws of 1969, and subdivision 1 as amended by chapter 400 of the 8 laws of 2015, are amended to read as follows: 9 Leases of public buildings to posts of veteran organizations, organ- 10 izations of volunteer [firemen] firefighters, and child care agencies. 11 1. A municipal corporation may lease, for not exceeding five years, to 12 a post or posts of the Grand Army of the Republic, Veterans of Foreign 13 Wars of the United States, American Legion, Catholic War Veterans, Inc., 14 Disabled American Veterans, the Army and Navy Union, U.S.A., Marine 15 Corps League, AMVETS, American Veterans of World War II, Jewish War 16 Veterans of the United States, Inc., Italian American War Veterans of 17 the United States, Incorporated, Masonic War Veterans of the State of 18 New York, Inc., Veterans of World War I of the United States of America 19 Department of New York, Inc., Polish-American Veterans of World War II, 20 Amsterdam, N.Y., Inc., Polish-American Veterans of World War II, Sche- 21 nectady, N.Y., Inc., Polish Legion of American Veterans, Inc., Vietnam 22 Veterans of America or other veteran organization of honorably 23 discharged members of the armed forces of the United States or to an 24 incorporated organization or an association of either active or exempt 25 volunteer [firemen] firefighters, a public building or part thereof, 26 belonging to such municipal corporation, except schoolhouses in actual 27 use as such, without expense, or at a nominal rent, fixed by the board 28 or council having charge of such buildings and provide furniture and 29 furnishings, and heat, light and janitor service therefor, in like 30 manner. 31 § 31. Paragraph (c) of subdivision 1 of section 77-b of the general 32 municipal law, as added by chapter 413 of the laws of 1974, is amended 33 to read as follows: 34 (c) Conference. A convention, conference, or school conducted for the 35 betterment of any municipality or a convention or conference of [fire-36men] firefighters or firemanic officers if believed to be of benefit to 37 the municipality. 38 § 32. Subdivision 2 of section 93 of the general municipal law, as 39 amended by chapter 58 of the laws of 1996, is amended to read as 40 follows: 41 2. A municipal corporation, including a fire district, or town 42 improvement district governed by a separate board of commissioners, if a 43 group plan of life insurance provides that the employer shall contribute 44 a share of the cost of such insurance for its officers and employees, or 45 for the officers or employees of an agency or instrumentality thereof, 46 is authorized to appropriate a sum required to be paid under such plan 47 by the municipal corporation as employer. The sum to be paid by it under 48 such plan, in the discretion of the municipal corporation, may be any 49 percentage of the total cost, including the whole thereof. For the 50 purposes of this section, the term employee shall include the volunteer 51 [firemen] firefighters of the municipality or fire district or employ- 52 ees, commissioners, or officers of a town improvement district governed 53 by a separate board of commissioners. 54 § 33. Paragraphs b and c of subdivision 2 of section 100 of the gener- 55 al municipal law, paragraph b as amended by chapter 176 of the laws ofS. 6542--B 17 1 1973, and paragraph c as amended by chapter 104 of the laws of 1960, are 2 amended to read as follows: 3 b. A fire corporation the members of which are volunteer [firemen] 4 firefighters and which was incorporated under or is subject to the 5 provisions of section fourteen hundred two of the not-for-profit corpo- 6 ration law, which is not included within paragraph a above, if such 7 corporation is by law under the general control of, or recognized as a 8 fire corporation by, the governing board of a city, town, village or 9 fire district, or 10 c. A fire corporation the members of which are volunteer [firemen] 11 firefighters and which was incorporated under, or established pursuant 12 to the provisions of, any general or special law, which is not included 13 within paragraphs a and b above, if such corporation is by law under the 14 general control of, or recognized as a fire corporation by, the govern- 15 ing board of a city, town, village, fire district or a district corpo- 16 ration other than a fire district. 17 § 34. The opening paragraph of section 121-a of the general municipal 18 law, as amended by chapter 597 of the laws of 1961, is amended to read 19 as follows: 20 Notwithstanding the provisions of any law, general or special, the 21 town board or boards of a town or towns in the same county and the board 22 or boards of trustees of an incorporated village or villages located 23 wholly within such town or towns, may, upon the adoption of propositions 24 therefor duly submitted in such town or towns and village or villages, 25 determine to create a joint town and village police department for such 26 town or towns and village or villages. The proposition to be submitted 27 in such village or villages may be submitted at a general or special 28 election of each village and the proposition to be submitted in such 29 town or towns may be submitted at a general or special election of each 30 town. Upon the adoption of a proposition therefor as herein provided, 31 the town board or boards and the board or boards of trustees of the 32 village or villages shall meet in joint session, at a time and place to 33 be determined by agreement of such boards, and organize such joint 34 police department and establish rules and regulations governing the 35 same. Such boards shall at such meeting, by a majority vote, appoint a 36 chief of police for such joint police department. Such chief of police 37 shall be a resident of the area covered by such joint department and be 38 subject to the control, direction and supervision of such joint boards. 39 Such chief of police shall be appointed for a term of office of three 40 years, and shall receive such compensation as the town and village 41 boards at joint session may determine. A chief of police may be removed 42 by joint action of the town and village boards upon written charges for 43 malfeasance or misfeasance in office. Such charges shall be filed in 44 duplicate in the offices of the town and village clerks and a copy ther- 45 eof served personally on the chief of police. The town and village 46 boards shall, in joint session, designate a time and place for a hearing 47 upon such charges and cause notice of such hearing to be served 48 personally upon the chief of police at least five days before the day 49 set for the hearing. The town and village boards shall hear the evidence 50 in support and in defense of such charges and by majority vote make an 51 order sustaining or dismissing the charges. An order sustaining the 52 charges shall operate as a removal and the town and village boards shall 53 thereupon appoint another person to fill the vacancy. The person so 54 appointed shall hold office for the balance of the unexpired term or 55 until the entry of a final order by a court of competent jurisdiction 56 determining that the chief of police was wrongfully or unlawfullyS. 6542--B 18 1 removed. An appeal to the county court may be taken by the chief of 2 police removed within thirty days after personal service of a copy of 3 such order of removal. The county court shall consider the charges 4 presented and review the evidence taken before such joint board. It may 5 hear additional evidence and shall make such determination as justice 6 requires. A copy of such order shall be filed in the offices of the town 7 and village clerks. An order by the county court determining the charges 8 shall, upon such filing, act as the reinstatement of the person removed. 9 The board or boards of trustees of each village shall appoint village 10 [policemen] police officers for service inside the area covered by such 11 joint department, and the town board or boards shall appoint town 12 [policemen] police officers for service inside the area covered by such 13 joint department. Such town and village [policemen] police officers 14 shall be appointed for such terms of office and receive such compen- 15 sation as the town or village board may determine. The expense of 16 village [policemen] police officers, chargeable by law to a village 17 shall be a charge against the village employing them, and the expense of 18 the town [policemen] police officers chargeable by law to a town, shall 19 be a charge against real property in the town employing them situated 20 outside of such participating village or villages. The salary of the 21 chief of police and other expenses of the department, except compen- 22 sation of village and town [policemen] police officers, shall be appor- 23 tioned between the village or villages and the town or towns by such 24 boards in joint session. The portion of such expense to be borne by a 25 town shall be a charge in that portion of the town situated outside of 26 such participating village or villages and the portion to be borne by a 27 village a village charge. Upon the creation of a joint town and village 28 police department as herein provided, the term of office of all town 29 constables heretofore elected in such town or towns shall terminate and 30 thereafter no constables shall be elected in any such town, unless and 31 until such police department is abolished as hereinafter provided. A 32 joint police department established as provided by this section may be 33 abolished upon the adoption of a proposition duly submitted at a general 34 or special village or town election to take effect on January first 35 succeeding the next general election at which town officers are elected. 36 § 35. Subdivision 4 of section 186 of the general municipal law, as 37 amended by chapter 574 of the laws of 1978, is amended to read as 38 follows: 39 4. "Authorized organization" shall mean and include any bona fide 40 religious or charitable organization or bona fide educational, fraternal 41 or service organization or bona fide organization of veterans or volun- 42 teer [firemen] firefighters, which by its charter, certificate of incor- 43 poration, constitution, or act of the legislature, shall have among its 44 dominant purposes one or more of the lawful purposes as defined in this 45 article, provided that each shall operate without profit to its members, 46 and provided that each such organization has engaged in serving one or 47 more of the lawful purposes as defined in this article for a period of 48 three years [immediatley] immediately prior to applying for a license 49 under this article. 50 No organization shall be deemed an authorized organization which is 51 formed primarily for the purpose of conducting games of chance and which 52 does not devote at least seventy-five percent of its activities to other 53 than conducting games of chance. No political party shall be deemed an 54 authorized organization. 55 § 36. The article heading of article 10 of the general municipal law 56 is amended to read as follows:S. 6542--B 19 1 [FIREMEN] FIREFIGHTERS AND [POLICEMEN] POLICE 2 OFFICERS 3 § 37. Section 200 of the general municipal law, as amended by chapter 4 954 of the laws of 1976, is amended to read as follows: 5 § 200. Defining qualifications of exempt volunteer [firemen] fire- 6 fighters. An exempt volunteer [fireman] firefighter is hereby declared 7 to be a person who as a member of a volunteer fire company duly organ- 8 ized under the laws of the state of New York shall have at any time 9 after attaining the age of eighteen years faithfully actually performed 10 service in the protection of life and property from fire within the 11 territory immediately protected by the company of which he or she is a 12 member, and while a bona fide resident therein, for a period of five 13 years, as provided in this article, or, if such company shall have been 14 sooner disbanded upon the organization of a paid fire department, for a 15 period of at least one year and shall also have been a member of such 16 volunteer fire company at the time it shall have been disbanded; but the 17 limitation of one year's service shall not apply to a volunteer [fire-18man] firefighter who was a member of a fire company which was disbanded 19 prior to January first, nineteen hundred two. The foregoing residence 20 requirements shall not apply (1) to a volunteer [fireman] firefighter 21 who has been duly elected to membership in his or her fire company as a 22 non-resident member residing in territory which is afforded fire 23 protection by his or her fire company pursuant to a contract for fire 24 protection, as authorized by paragraph three of subdivision c of section 25 fourteen hundred two of the not-for-profit corporation law or by subdi- 26 visions two and three of either section 10-1006 of the village law, 27 section one hundred seventy-six-b of the town law or section sixteen-a 28 of the general city law, (2) to a volunteer [fireman] firefighter whose 29 membership has been duly continued in his or her fire company as author- 30 ized by paragraph three of subdivision c of section fourteen hundred two 31 of the not-for-profit corporation law or by subdivision five of either 32 section 10-1006 of the village law, section one hundred seventy-six-b of 33 the town law or section sixteen-a of the general city law and (3) to a 34 volunteer [fireman] firefighter who has been duly elected to membership 35 as a non-resident as authorized by paragraph three of subdivision c of 36 section fourteen hundred two of the not-for-profit corporation law or by 37 subdivision six of either section 10-1006 of the village law, section 38 one hundred seventy-six-b of the town law or section sixteen-a of the 39 general city law. The foregoing requirement of five years' service shall 40 not apply to a volunteer [fireman] firefighter serving as such at the 41 time of his or her entry into the military service of the United States 42 or of one of its allies in world war II, or during the period of hostil- 43 ities as defined in subparagraph three or subparagraph four of paragraph 44 (c) of subdivision one of section eighty-five of the civil service law, 45 who, as a result of such military service, shall have become incapaci- 46 tated for performing the full duties of a volunteer [fireman] firefight- 47 er, or to a volunteer [fireman] firefighter who, as the result of the 48 performance of his or her duties as such, shall have become likewise 49 incapacitated, but any such volunteer [fireman] firefighter shall be an 50 exempt volunteer [fireman] firefighter even though he or she may have 51 served as such for a lesser period than five years, and he or she shall 52 be entitled to a certificate as provided in section two hundred two of 53 this [chapter] article which, in addition to the specifications 54 contained in said section, shall set forth the facts in reference to his 55 or her military service, if any, as aforesaid and that as a result of 56 such military service, or as the result of service as a volunteer [fire-S. 6542--B 20 1man] firefighter, he or she was incapacitated for performing the full 2 duties of a volunteer [fireman] firefighter. The term "military 3 service" as used in this section shall mean the same as the term "mili- 4 tary duty" as used in section two hundred forty-three of the military 5 law, except that it shall relate to service for an ally of the United 6 States in world war II as well as to service for the United States. 7 § 38. Section 200-a of the general municipal law, as amended by chap- 8 ter 295 of the laws of 1937, is amended to read as follows: 9 § 200-a. Volunteer [firemen] firefighters serving in more than one 10 fire company or fire department. When any person has served as a volun- 11 teer [fireman] firefighter as provided in section two hundred of this 12 [chapter] article, for less than five years, and while in good standing 13 in the company or department of which he or she was a member, has 14 resigned therefrom or has been transferred from one company to another, 15 he or she shall be entitled to a certificate as provided in section two 16 hundred two of this [chapter] article for the time he or she has actual- 17 ly served. And when any person has served five years as a volunteer 18 [fireman] firefighter in one or more companies or departments, as 19 provided in section two hundred of this [chapter] article, he or she 20 shall be deemed an exempt volunteer [fireman] firefighter and entitled 21 to all the rights and privileges of an exempt volunteer [fireman] fire- 22 fighter. 23 § 39. The section heading and subdivision 2 of section 200-b of the 24 general municipal law, the section heading as amended by chapter 543 of 25 the laws of 1966, and subdivision 2 as amended by chapter 461 of the 26 laws of 1955, are amended to read as follows: 27 Leaves of absence for volunteer [firemen] firefighters entering the 28 armed forces of the United States prior to July first, nineteen hundred 29 sixty-six. 30 2. During the period of any such leave of absence the fire company or 31 department may enroll another person as a member to take the place of 32 the volunteer [fireman] firefighter on such active duty. Any person so 33 enrolled may continue as a member of the company or department until he 34 or she shall have served the time necessary to qualify him or her as an 35 exempt volunteer [fireman] firefighter, even though the person whose 36 place he or she took may have resumed his or her duties as a volunteer 37 [fireman] firefighter. 38 § 40. The section heading and subdivision 2 of section 200-c of the 39 general municipal law, as added by chapter 543 of the laws of 1966, are 40 amended to read as follows: 41 Leaves of absence for volunteer [firemen] firefighters entering the 42 armed forces of the United States on or after July first, nineteen 43 hundred sixty-six. 44 2. During the period of any such leave of absence the fire company may 45 elect to membership another person meeting the membership requirements 46 of the fire company to take the place of the volunteer [fireman] fire- 47 fighter on such active duty. Any person so elected to membership may 48 continue as a member of the fire company even though the person whose 49 place he or she took may have resumed his or her duties as a volunteer 50 member of such fire company, unless his or her membership shall termi- 51 nate as provided by law when he or she shall no longer meet the resi- 52 dence requirements for members of such fire company. 53 § 41. Section 201 of the general municipal law, as amended by chapter 54 919 of the laws of 1958, is amended to read as follows: 55 § 201. Rights and privileges of exempt volunteer [firemen] firefight- 56 ers. In case any city, town or village in this state shall organize aS. 6542--B 21 1 paid fire department and thereby deprive any volunteer [fireman] fire- 2 fighter who has faithfully actually performed service in the protection 3 of life and property within the territory protected by his or her compa- 4 ny of the right to serve a full term of five years such [fireman] fire- 5 fighter shall be entitled to a full and honorable discharge; and to all 6 the rights and privileges granted by the laws of this state to volunteer 7 [firemen] firefighter, provided, however, that if such paid department 8 has been organized since the first day of January in the year nineteen 9 hundred and two, he or she shall have so served for a consecutive period 10 of at least one year immediately preceding the installation of said paid 11 fire department. 12 § 42. Section 202 of the general municipal law, as amended by chapter 13 919 of the laws of 1958, is amended to read as follows: 14 § 202. Certificate to be issued to exempt volunteer [firemen] fire- 15 fighter. Any person described in sections two hundred or two hundred one 16 of this [chapter] article shall be entitled to a certificate from the 17 company in which he or she served or of which he or she was a member at 18 the time of its disbandment which shall show the date of the entrance of 19 such [fireman] firefighter upon his or her service, the period of his or 20 her service; if he or she was honorably discharged from such company the 21 certificate shall so state; that he or she was in good standing in his 22 or her company at the time of applying for such certificate or at the 23 time he or she was discharged therefrom; or that he or she was in good 24 standing in his or her company at the time of the disbandment thereof. 25 Such certificate shall be signed by the president, captain, foreman or 26 secretary of the company and shall be acknowledged by such officers 27 before an officer commissioned to take acknowledgments, and shall also 28 have attached thereto a certificate attested by the affidavit of the 29 secretary, clerk or other person having the custody of the company's 30 record of membership, that the statements of fact contained in said 31 certificate are true, and the affidavit and acknowledgment shall be 32 substantially in the following form: 33 State of New York ) 34 ) ss. 35 County of ............ ) 36 On this ............ day of ........... , in the year ........... , 37 before me personally came ......................... , to me known and by 38 me known to be the same persons described in and who executed the fore- 39 going certificate and they severally duly acknowledged to me that they 40 executed the same and the said .............................. being by 41 me duly sworn, deposes and says, that [he] he/she is ................. 42 of the company aforesaid and is the custodian of the records of its 43 membership and that the facts above stated relating to the service of 44 the person described in such certificate are true. 45 ................................... 46 Notary Public 47 Such certificate so attested shall in all courts of the state and in 48 the offices of all persons clothed with power of appointment or removal 49 in the service of this state and in the several cities, counties, towns 50 and villages thereof, be presumptive evidence of the facts therein stat- 51 ed.S. 6542--B 22 1 § 43. Section 202-a of the general municipal law, as added by chapter 2 313 of the laws of 1951, is amended to read as follows: 3 § 202-a. Recording certificates of exempt volunteer [firemen] fire- 4 fighter. A certificate of honorable discharge of an exempt volunteer 5 [fireman] firefighter, or a certificate issued to an exempt volunteer 6 [fireman] firefighter under the provisions of section two hundred two of 7 this [chapter] article, may be recorded in any county, in the office of 8 the county clerk, and when so recorded shall constitute notice to all 9 public officials of the facts set forth therein. It shall be the duty of 10 the county clerk to record any such certificate, upon presentation ther- 11 eof without the payment of any fee. This section also applies to the 12 counties within the city of New York. For any purpose for which such 13 original honorable discharge or such exempt volunteer [fireman's] fire- 14 fighter's certificate may be required in the state of New York, a certi- 15 fied copy of such record shall be deemed sufficient and shall be 16 accepted in lieu thereof. It shall be the duty of the county clerks of 17 the counties within the city of New York upon the payment of one dollar, 18 to furnish a certified copy of any such record of such an exempt volun- 19 teer [fireman's] firefighter's certificate to any person applying for 20 the same. 21 § 44. The section heading of section 203 of the general municipal law 22 is amended to read as follows: 23 List of exempt volunteer [firemen] firefighters to be filed. 24 § 45. Section 204 of the general municipal law is amended to read as 25 follows: 26 § 204. Qualifications necessary to entitle to certain exemptions. No 27 person who became a member of a volunteer fire organization within the 28 state since the first day of January nineteen hundred and two, or who 29 shall have thereafter become such member who shall not possess the qual- 30 ifications prescribed by this article shall be entitled to any of the 31 exemptions and privileges secured to volunteer [firemen] firefighters by 32 the civil service law of this state. 33 § 46. Section 204-a of the general municipal law, as added by chapter 34 965 of the laws of 1961 and paragraph b of subdivision 1 as amended by 35 chapter 680 of the laws of 1967, is amended to read as follows: 36 § 204-a. Raising of funds for fire company purposes. 1. Definitions. 37 As used in this section: 38 a. "Fire company" means: 39 (1) A volunteer fire company of a county, city, town, village or fire 40 district fire department, whether or not any such company has been 41 incorporated under any general or special law, 42 (2) A fire corporation the members of which are volunteer [firemen] 43 firefighters and [which] was incorporated [under or is subject to the44provisions of article ten of the membership corporations law], and which 45 is not included within subparagraph (1) [above] of this paragraph, if 46 such corporation is by law under the general control of, or recognized 47 as a fire corporation by, the governing board of a city, town, village 48 or fire district, or 49 (3) A fire corporation the members of which are volunteer [firemen] 50 firefighters and which was incorporated under, or established pursuant 51 to the provisions of, any general or special law, which is not included 52 within [subparagraphs (2) and (3) above] this subparagraph and subpara- 53 graph (2) of this paragraph, if such corporation is by law under the 54 general control of, or recognized as a fire corporation by, the govern- 55 ing board of a city, town, village, fire district or a district corpo- 56 ration other than a fire district.S. 6542--B 23 1 b. "Fund raising activity" means a method of raising funds to effectu- 2 ate the lawful purposes of a fire company, but shall not include any 3 method prohibited by the state constitution or the penal statutes of 4 this state, public fireworks displays unless conducted in compliance 5 with section 405.00 of the penal law, or the conduct of a business or 6 other commercial enterprise except on temporary basis for a period or 7 periods not to exceed a total of ninety days in any calendar year. Such 8 term "fund raising activity" shall not include drills, parades, 9 inspections, reviews, competitive tournaments, contests or public exhi- 10 bitions, described in paragraphs e and i of subdivision one of section 11 five of the volunteer [firemen's] firefighters' benefit law, even though 12 prizes are awarded at such events. 13 c. "Governing board of the political subdivision" means the governing 14 board of the county, city, town, village, fire district or other 15 district corporation, as the case may be, where the fire company is 16 under the general control of, or recognized as a fire corporation, by 17 such governing board. 18 2. Subject to the provisions of this section, a fire company may 19 engage in a fund raising activity. Two or more fire companies may join 20 in any such activity, and for the purposes of this section such group 21 shall be deemed a "fire company." 22 3. A fund raising activity shall not be conducted contrary to the 23 by-laws, rules or regulations of the fire company or of the fire depart- 24 ment of which it is a part. 25 4. A fund raising activity must be conducted within the state of New 26 York. It shall be under the exclusive auspices of a fire company and 27 shall not be conducted in partnership with any other person, organiza- 28 tion, firm or corporation. This subdivision shall not be deemed to 29 prohibit the letting of concessions, or the entering into of contracts 30 for rides or other attractions, at such activities, or the acceptance of 31 aid and assistance of persons who are not active members of the fire 32 company, or of other organizations, firms or corporations, in connection 33 with such activities. The acceptance of such aid and assistance shall 34 not subject the political subdivision to any liability as an employer 35 under the volunteer [firemen's] firefighters' benefit law, section two 36 hundred seven-a of [the general municipal law] this article, the [work-37men's] workers' compensation law, or any other comparable law. 38 5. The firehouse, firehouse grounds, fire vehicles and apparatus, or 39 other property, real and personal, generally used by the fire company 40 for its purposes may be used by it in the conduct of any such activity. 41 6. The governing board of a political subdivision may, by resolution, 42 (a) prohibit the fire company from engaging in fund raising activities 43 or in any general or specific type of fund raising activity, 44 (b) require the fire company, at its expense, to provide any insurance 45 protection which such governing board deems necessary to protect the 46 political subdivision against claims and actions for damages by third 47 parties arising out of or in connection with a fund raising activity. 48 7. Participation by volunteer [firemen] firefighters in fund raising 49 activities shall not be deemed to constitute "duty as volunteer [fire-50men] firefighters" within the meaning of section two hundred five-b of 51 this [chapter] article. 52 8. Notwithstanding the foregoing provisions of this section, the 53 provisions of this subdivision shall be applicable only in relation to 54 fund raising activities for which benefits would be paid and provided 55 pursuant to paragraph m of subdivision one of section five of the volun- 56 teer [firemen's] firefighters' benefit law:S. 6542--B 24 1 (a) Before engaging in a fund raising activity the fire company shall 2 cause the governing board of the political subdivision to be notified in 3 writing that it proposes to conduct such activity. Any such notice shall 4 contain a general description of the method which will be used to raise 5 funds and shall specify the time or times when, the place or places 6 where, and the period or periods during which the activity will be 7 conducted and shall set forth the names of the [firemen] firefighters 8 who will serve on each of the committees or subcommittees in connection 9 with the activity. Any such notice shall be filed with the clerk, 10 secretary or other comparable officer of such governing board. In the 11 event that no action is taken by such governing board prohibiting such 12 activity within thirty days after the filing of such notice, then it 13 shall be deemed that the governing board has no objection to such activ- 14 ity and the fire company may proceed to conduct the same. 15 (b) Sales of tickets for admission to or in [conection] connection 16 with a fund raising activity shall be by persons appointed as a commit- 17 tee for such purpose and shall be for or in relation to a fund raising 18 activity to be held within sixty days after the sale of the tickets 19 commences. 20 (c) Members of the fire company conducting the fund raising activity 21 who attend or participate in the activity for their own pleasure or 22 convenience, and not as a worker in connection therewith, shall not be 23 deemed to be engaged in the conduct of such activity. 24 § 47. Subdivision 6 of section 204-b of the general municipal law, as 25 added by chapter 386 of the laws of 1978, is amended to read as follows: 26 6. Participants in such programs shall not be eligible for any benefit 27 provided by the volunteer [firemen's] firefighters' benefit law. 28 § 48. Section 205 of the general municipal law, as amended by chapter 29 852 of the laws of 1953, the subdivision third as amended by chapter 115 30 of the laws of 1954, the opening paragraph of the subdivision third as 31 amended by chapter 438 of the laws of 1956, and the subdivision sixth as 32 added by chapter 699 of the laws of 1956, is amended to read as follows: 33 § 205. Payments to injured or representatives of deceased volunteer 34 [firemen] firefighters. [First] 1. If an active member of a volunteer 35 fire company in any city, incorporated village or in any fire district 36 of a town outside of an incorporated village or in any part of a town 37 protected by a volunteer fire company incorporated under the provisions 38 of the membership corporations law, or if an active member of any duly 39 organized volunteer fire company, dies from injuries incurred while in 40 the performance of his or her duties as such [fireman] firefighter or as 41 a member of a fire department emergency relief squad, a fire police 42 squad or a fire patrol within one year thereafter, the city, village, 43 fire district or town which is responsible as provided in subdivision 44 [fourth] four of this section shall pay as follows: 45 a. If such volunteer [fireman] firefighter is a member of a volunteer 46 fire company located in any city in which a pension fund is maintained, 47 the relatives of such volunteer [fireman] firefighter shall be entitled 48 to a pension in the same manner and at the same rates as if he or she 49 were a member of the paid fire department of such city. 50 b. If in any other place the sum of three thousand dollars shall be 51 paid to the widow or widower of such deceased volunteer [fireman] fire- 52 fighter or to the executor or administrator of his or her estate if he 53 or she is not survived by a widow or widower. In addition there shall be 54 paid to the widow or widower of such volunteer [fireman] firefighter for 55 the benefit of such child or children the sum of twenty-five dollars a 56 month for each surviving child, including a posthumous child, of suchS. 6542--B 25 1 deceased [fireman] firefighter under the age of eighteen years, but not 2 more than a total of fifty dollars a month for all such children, or if 3 the decedent be not survived by a widow or widower, or if he or she dies 4 before the payments cease, then such payments for a child or children 5 shall be made to their guardian or to relatives with whom they are 6 living for their benefit. 7 [Second] 2. Any such volunteer [fireman] firefighter who shall become 8 permanently incapacitated for performing the full duties of a volunteer 9 [fireman] firefighter by reason of disease or disability caused or 10 induced by actual performance of the duties of his or her position, 11 without fault or misconduct on his or her part, shall 12 a. If a member of a volunteer fire company located in any city in 13 which a pension fund is maintained, be paid a pension in the same manner 14 and at the same rate as if he or she were a member of the paid fire 15 department of such city. 16 b. If a member of a volunteer fire company in any other place, be paid 17 one-half the amount which would have been payable in case of death to 18 his or her executor or administrator under the provisions of subdivision 19 [first] one of this section; 20 Provided, however, that if such volunteer [fireman] firefighter shall 21 at the expiration of the disability payments provided for in subdivision 22 [third] three of this section be totally incapacitated to engage in any 23 occupation for remuneration or profit by reason of disease or disability 24 caused by actual performance of the duties of his or her position, with- 25 out fault or misconduct on his or her part, he or she shall be paid the 26 sum of fifteen dollars per week during the period thereafter that such 27 total incapacity shall continue and, in addition thereto, during such 28 period there shall be paid to him or her for the benefit of his or her 29 child or children the sum of twelve dollars fifty cents a month for each 30 child under the age of eighteen years, but not more than a total of 31 twenty-five dollars a month for all such children, but no payment on 32 account of a child shall continue after such child shall have attained 33 the age of eighteen years. In the event payments to a volunteer [fire-34man] firefighter and his or her children on account of total incapacity, 35 as heretofore in this subdivision provided, shall not have amounted to 36 the sum to which he or she would otherwise have been entitled on account 37 of permanent incapacity for performing the full duties of a volunteer 38 [fireman] firefighter and he or she shall be found to have recovered to 39 such extent that he or she is no longer totally incapacitated but is 40 still permanently incapacitated for performing the full duties of a 41 volunteer [fireman] firefighter, there shall be paid to him or her the 42 difference between the payments already made to him or her for his or 43 her own account and for the account of his or her children and the 44 amount to which he or she would be entitled under this subdivision on 45 account of permanent incapacity for performing the full duties of a 46 volunteer [fireman] firefighter. The authorities having jurisdiction to 47 audit the claim of any volunteer [fireman] firefighter claiming total 48 disability benefits under this subdivision shall have the right to cause 49 such injured volunteer [fireman] firefighter to be examined from time to 50 time at reasonable intervals by the municipal health authorities or any 51 physician appointed by them for that purpose to determine whether total 52 disability continues and, in case a volunteer [fireman] firefighter 53 receiving total disability benefits hereunder shall refuse to permit any 54 such examination to be made, such authorities shall be authorized to 55 discontinue the payment of benefits to him or her until such examination 56 is allowed.S. 6542--B 26 1 [Third] 3. Any such volunteer [fireman] firefighter who shall receive 2 injuries while performing his or her duties as such, while in the fire 3 house, while going to or returning from a fire by any means of travel, 4 transportation, or conveyance whatever, or while working at the fire or 5 answering a call or fire alarm or while officially engaged in testing or 6 inspecting the apparatus, or equipment, or while engaged as a member of 7 a fire department, or fire company, emergency relief squad or fire 8 police squad, or fire patrol or while attending a fire school, or while 9 instructing or being instructed in fire duties or while attending any 10 drill or parade or inspection in which his or her company or department 11 is engaged, or while engaged in emergency work not related to fire 12 extinguishment or prevention or going to or returning therefrom when 13 duly authorized to participate therein, so as to necessitate medical or 14 other lawful remedial treatment or prevent him or her from following his 15 or her usual vocation on account thereof, shall be reimbursed for such 16 sums as are actually and necessarily paid for medical or other lawful 17 remedial treatment, not exceeding five hundred dollars. He or she shall 18 also be compensated for the time he or she was actually and necessarily 19 prevented from following his or her vocation or for the time of his or 20 her disability on account of such injuries, at the rate of thirty-six 21 dollars per week not to exceed one thousand eight hundred dollars. 22 Notice of an injury or death for which benefits are payable under this 23 section shall be given to the municipal corporation or fire district 24 responsible for the payment thereof within thirty days after receiving 25 such injury, and also in case of the death of the volunteer [fireman] 26 firefighter resulting from such injury within thirty days after such 27 death. Such notice may be given by any person claiming to be entitled to 28 such benefits or by someone in his or her behalf. The notice shall be in 29 writing, shall contain the name and address of the volunteer [fireman] 30 firefighter, and state in ordinary language the time, place, nature and 31 cause of the injury and shall be signed by him or her or by a person on 32 his or her behalf or, in case of death, by any one or more of his or her 33 dependents, or by a person on their behalf. The notice shall be given to 34 the comptroller or chief financial officer of the city, the clerk of the 35 village, the secretary of the fire district, or the town clerk of the 36 town, as the case may be, by delivering it to such officer or by regis- 37 tered letter properly addressed to such officer. The failure to give 38 notice of injury or notice of death shall be a bar to any claim under 39 this section. Failure to give notice of such injury or death within such 40 thirty day period may be excused by the county judge who would have 41 jurisdiction of a controversy under this section, upon petition and 42 notice in the manner provided in subdivision [fifth] five of this 43 section, either upon the ground that for some sufficient reason the 44 notice had not been given, or that any member of a body in charge of, or 45 any officer of the fire department or fire company had knowledge within 46 such thirty day period, of the injuries or death, or that the municipal 47 corporation or fire district has not been prejudiced by a delay in 48 giving such notice. 49 Any such volunteer [fireman] firefighter who shall receive injuries as 50 aforesaid shall, when certified by the chief or other executive officer 51 of the fire department or by the appropriate administrative officers 52 under whom he or she serves, be received by any public, private, or 53 semi-private hospital for care and treatment at the usual ward or semi- 54 private patient rates, including charges at the prevailing ward or semi- 55 private patient rates for necessary nursing, laboratory tests, x-ray 56 examinations and physical therapy, or, in case any such hospital has aS. 6542--B 27 1 contract with the municipality served by such volunteer [fireman] fire- 2 fighter, then at the rates specified in such contract. 3 Within two years after receiving the injury, or if death results ther- 4 efrom within two years after such death, a claim for the benefits under 5 this section shall be filed with the same officer to whom a notice of an 6 injury must be given, as aforesaid. The claim shall be in substantially 7 the same form and shall give substantially the same information as is 8 required to be given in a claim under the provisions of section twenty- 9 eight of the [workmen's] workers' compensation law. Notwithstanding the 10 provisions of any other law, any such claim need not be sworn to, veri- 11 fied or acknowledged. 12 Payments of weekly benefits under this section shall commence within 13 fifteen days after the filing of such claim, and payments of lump sum, 14 and monthly, death benefits under this section shall be made or 15 commenced within thirty days after such filing. In the event of a fail- 16 ure to make such payments within any such period or to continue the same 17 for the time required therefor, a controversy shall be presumed to have 18 arisen and a proceeding may thereupon be instituted pursuant to subdivi- 19 sion [fifth] five of this section to compel such payment. 20 [Fourth] 4. In cities any benefit under this section shall be a city 21 charge and any claim therefor shall be audited and paid in the same 22 manner as other city charges, except that no part of the moneys payable 23 under this section shall be paid from the pension funds of the said 24 departments therein. In villages any such benefit shall be a village 25 charge and any claim therefor shall be audited and paid in the same 26 manner as other village charges, and shall be assessed upon the property 27 liable to taxation in said village, and levied and collected in the same 28 manner as village taxes. In fire districts any such benefit shall be a 29 fire district charge and any claim therefor shall be audited and paid in 30 the same manner as other fire district charges, and shall be assessed 31 upon the property in such fire districts liable to taxation, and levied 32 and collected in the same manner as fire district taxes. If such [fire-33man] firefighter was a member of a town fire company or fire department 34 or a member of a fire company incorporated under the membership corpo- 35 rations law, located outside of a city, village or fire district, any 36 such benefit shall be a town charge and any claim therefor shall be 37 audited and paid in the same manner as town charges and shall be 38 assessed upon the property liable to taxation in the territory protected 39 by such fire company and levied and collected in the same manner as town 40 charges therein. If such [fireman] firefighter was a member of a fire 41 company or fire department operating in, or maintained jointly by two or 42 more villages, or two or more towns, or two or more fire districts, any 43 such benefit shall be a charge against the village, town or fire 44 district, in which the fire occurred. If such injury occur while assist- 45 ance is being rendered to a neighboring city, town, village, fire 46 district, fire protection district (including a fire protection district 47 served by the company or department of which such [fireman] firefighter 48 is a member), fire alarm district, or territory outside any such 49 district upon the call of such city, town, village, fire district, fire 50 protection district, fire alarm district, or territory outside any such 51 district, or while going to or returning from the place from whence such 52 call came, or death shall result from any such injury, any such benefit 53 shall be a charge against such neighboring city, town, village, fire 54 district, fire protection district, fire alarm district, or territory 55 outside any such district, so issuing the call for assistance and after 56 audit shall be paid and assessed upon the property liable to taxation inS. 6542--B 28 1 such neighboring city, town, village, fire district, fire protection 2 district, fire alarm district, or territory outside any such district, 3 and levied and collected in the same manner as other charges against the 4 same are levied and collected. 5 Any city, village, fire district or town may finance the payment of 6 any benefits payable under the provisions of this section by the issu- 7 ance of serial bonds or capital notes pursuant to the local finance law 8 unless it is required by some other law to pay such benefits from 9 current funds. 10 Any such city, village, fire district or the town board acting for and 11 on behalf of any fire protection district, fire alarm district or terri- 12 tory outside any such district, may contract for insurance indemnifying 13 against the liability imposed by this section, provided further that 14 such contract of insurance shall also indemnify against the liability 15 imposed by the [workmen's] workers' compensation law in relation to 16 injuries or death of volunteer [firemen] firefighter, and the cost of 17 such insurance shall be paid and provided in the same manner as benefits 18 are required to be paid and provided in this section. 19 If any claim under this section is one for which an insurance company 20 might be liable, or if it is a claim for which a mutual self-insurance 21 plan under subdivision three-a of section fifty of the [workmen's] work- 22 ers' compensation law might be liable, the officer to whom a notice of 23 injury is required to be delivered or mailed and with whom a claim is 24 required to be filed under the provisions of this section shall send a 25 copy of any such notice or claim and a copy of any notice of a proceed- 26 ing relating to an injury or claim to such insurance company or plan, as 27 the case may be, promptly after receiving the same. 28 Any money paid to an executor or administrator under any of the 29 provisions of this section shall be distributed in the manner provided 30 by law for the distribution of personal property, and all money paid 31 under this section shall be exempt from any process for the collection 32 of debts either against the volunteer [fireman] firefighter or any bene- 33 ficiary to whom the same is paid under the provisions of this section. 34 No release from the liability imposed by this section shall be valid 35 if it shall appear that the person executing such release has not 36 received the full amount to which he or she is entitled under the 37 provisions of this section. 38 The words "injury" and "injuries", as used in this section, include 39 any disablement of a volunteer [fireman] firefighter as the direct 40 result of the performance of his or her duties. 41 If for the purpose of obtaining any benefit or payment under the 42 provisions of this section, or for the purpose of influencing any deter- 43 mination regarding any benefit or payment under the provisions of this 44 section, either for himself or herself or for any other person, any 45 person [wilfully] willfully makes a false statement or representation, 46 he or she shall be guilty of a misdemeanor. 47 The provisions of this section relating to giving notice of injury and 48 filing claim, and to the contents of any such notice or claim, shall be 49 construed liberally in order to effectuate the objects and purposes of 50 this section. 51 [Fifth] 5. Any controversy arising at any time under the provisions 52 of this section shall be determined by the county judge of any county in 53 which the city, village, fire district, or town, which would be respon- 54 sible for payments under this section, is located. For that purpose, any 55 party may present a petition to such county judge, setting forth the 56 facts and rights which are claimed. A copy of such petition and noticeS. 6542--B 29 1 of the time and place when the same will be presented shall be served on 2 all persons interested therein, at least eight days prior to such pres- 3 entation. 4 [Sixth] 6. The provisions of this section shall not apply to volun- 5 teer [firemen] firefighters killed or injured on or after the first day 6 of March, nineteen hundred fifty-seven, or who die from the effects of 7 injuries received on or after such date. 8 § 49. Section 205-c of the general municipal law, as added by chapter 9 127 of the laws of 1955, is amended to read as follows: 10 § 205-c. Payments pending controversies where volunteer [firemen] 11 firefighters are killed or injured. In order to provide for the prompt 12 payment of benefits under sections two hundred five and two hundred 13 nine-a of this [chapter] article, and under the [workmen's] workers' 14 compensation law, where such benefits are conceded to be due to any 15 person because of the death of or injuries to a volunteer [fireman] 16 firefighter but controversy exists as to which city, village, town or 17 fire district is liable for the payment thereof, the municipalities and 18 districts involved in such controversy and their insurance carriers, if 19 any, may agree that any one or more of such municipalities or districts 20 or its insurance carrier shall pay the benefits to, or in relation to, 21 the person conceded to be entitled to such benefits without waiting for 22 a final determination of the controversy, and may carry out the 23 provisions of such an agreement. Notwithstanding any such payment, any 24 party to the agreement may seek a final determination of the controversy 25 in the same manner as if such payment had not been made. After a final 26 determination the parties to the agreement shall make any necessary and 27 proper reimbursement to conform to the determination. The term "insur- 28 ance carrier" as used herein shall mean an insurance company, or a coun- 29 ty mutual self-insurance plan in accordance with subdivision three-a of 30 section fifty of the [workmen's] workers' compensation law, or any plan 31 which shall be provided for by law in amendment of or substitution for 32 such a plan. 33 § 50. Section 206 of the general municipal law, as amended by chapter 34 892 of the laws of 1972, is amended to read as follows: 35 § 206. Certificate to [policemen and firemen] police officers and 36 firefighters; free transportation; use of telegraph lines and tele- 37 phones. The mayor of each city of this state and the mayor of each 38 incorporated village may issue, under the seal of his or her office, to 39 each [policeman and fireman] police officer and firefighter appointed by 40 the duly-constituted authorities of such city or village, a certificate 41 of the appointment and qualification of such [policeman or fireman] 42 police officer and firefighter as such, and specifying the duration of 43 his or her term of office; and it shall thereupon be the duty of every 44 street surface and elevated railroad company carrying on business within 45 such city or village, to transport every such [policeman or fireman] 46 police officer and firefighter free of charge while he or she is travel- 47 ing in the course of the performance of the duties of his or her office. 48 Every telegraph or telephone company engaged in business within such 49 city or village, shall afford to such [policeman or fireman] police 50 officer and firefighter the use of its telegraph lines or telephones for 51 the purpose of making and receiving reports and communications in the 52 course of the performance of his or her official duties. 53 § 51. Section 206-a of the general municipal law, as renumbered by 54 chapter 15 of the laws of 1941, is amended to read as follows: 55 § 206-a. Penalty for improper use of certificates. Every [policeman or56fireman] police officer and firefighter who shall permit any otherS. 6542--B 30 1 person to use the certificate issued to him or her as provided by the 2 last section, or shall present or make use of the same, except while 3 acting in the course of the performance of his or her official duties, 4 or who shall use such certificate after the expiration of his or her 5 term of office or his resignation or removal therefrom, shall be deemed 6 guilty of a misdemeanor. 7 § 52. Section 206-b of the general municipal law, as amended by chap- 8 ter 805 of the laws of 1984, is amended to read as follows: 9 § 206-b. Exemption of benefits payable under blanket accident insur- 10 ance covering volunteer [firemen] firefighters. Not only shall the 11 benefits payable or allowable under any blanket accident insurance poli- 12 cy or contract purchased (1) by a fire department pursuant to section 13 four thousand two hundred thirty-seven of the insurance law, or (2) by a 14 municipal corporation or fire district pursuant to any general, special 15 or local law, to insure active volunteer [firemen] firefighters against 16 injury or death resulting from bodily injuries sustained by such [fire-17men] firefighters in the performance of their duties be exempt from 18 execution as provided in subsection (c) of section three thousand two 19 hundred twelve of the insurance law, but also any benefits payable or 20 allowable under any such policy or contract in the event of the death of 21 an insured volunteer [fireman] firefighter shall be exempt from 22 execution for the purpose of satisfying any debt or liability of the 23 beneficiary designated in the policy or contract, or in the event that 24 the insured volunteer [fireman] firefighter is a minor shall be exempt 25 from execution for the purpose of satisfying any debt or liability of 26 the person to whom such benefits are payable pursuant to subsection (b) 27 of section four thousand two hundred thirty-seven of the insurance law. 28 § 53. Section 207-a of the general municipal law, as amended by chap- 29 ter 965 of the laws of 1977, subdivision 1 as amended by chapter 806 of 30 the laws of 1986, subdivisions 2, 3 and 4 as amended and subdivision 4-a 31 as added by chapter 661 of the laws of 1984, and subdivision 6 as 32 amended by chapter 481 of the laws of 1998, is amended to read as 33 follows: 34 § 207-a. Payment of salary, medical and hospital expenses of [firemen] 35 firefighters with injuries or illness incurred in performance of duties. 36 1. Any paid [fireman] firefighter which term as used in this section 37 shall mean any paid officer or member of an organized fire company or 38 fire department of a city of less than one million population, or town, 39 village or fire district, who is injured in the performance of his or 40 her duties or who is taken sick as a result of the performance of his or 41 her duties so as to necessitate medical or other lawful remedial treat- 42 ment, shall be paid by the municipality or fire district by which he or 43 she is employed the full amount of his or her regular salary or wages 44 until his or her disability arising therefrom has ceased, and, in addi- 45 tion, such municipality or fire district shall be liable for all medical 46 treatment and hospital care furnished during such disability. Provided, 47 however, and notwithstanding the foregoing provisions of this section, 48 the municipal health authorities or any physician appointed for the 49 purpose by the municipality or fire district, may attend any such 50 injured or sick [fireman] firefighter, from time to time, for the 51 purpose of providing medical, surgical or other treatment, or for making 52 inspections and the municipality or fire district shall not be liable 53 for salary or wages payable to such a [fireman] firefighter, or for the 54 cost of medical or hospital care or treatment furnished, after such date 55 as the health authorities or such physician shall certify that such 56 injured or sick [fireman] firefighter has recovered and is physicallyS. 6542--B 31 1 able to perform his or her regular duties in the company or department. 2 Any injured or sick [fireman] firefighter who shall refuse to accept 3 such medical treatment or hospital care or shall refuse to permit 4 medical inspections as herein authorized, including examinations result- 5 ing from the application of subdivision two hereof, shall be deemed to 6 have waived his or her rights under this section in respect to expenses 7 incurred for medical treatment or hospital care or salary or wages paya- 8 ble after such refusal. 9 Notwithstanding any provision of law to the contrary, a provider of 10 medical treatment or hospital care furnished pursuant to the provisions 11 of this section shall not collect or attempt to collect reimbursement 12 for such treatment or care from any such member of the fire department 13 of any such city. 14 2. Payment of the full amount of regular salary or wages, as provided 15 by subdivision one of this section, shall be discontinued with respect 16 to any [fireman] firefighter who is permanently disabled as a result of 17 an injury or sickness incurred or resulting from the performance of his 18 or her duties if such [fireman] firefighter is granted an accidental 19 disability retirement allowance pursuant to section three hundred 20 sixty-three of the retirement and social security law, a retirement for 21 disability incurred in performance of duty allowance pursuant to section 22 three hundred sixty-three-c of the retirement and social security law or 23 similar accidental disability pension provided by the pension fund of 24 which he or she is a member; provided, however, that in any such case 25 such [fireman] firefighter shall continue to receive from the munici- 26 pality or fire district by which he or she is employed, until such time 27 as he or she shall have attained the mandatory service retirement age 28 applicable to him or her or shall have attained the age or performed the 29 period of service specified by applicable law for the termination of his 30 or her service, the difference between the amounts received under such 31 allowance or pension and the amount of his or her regular salary or 32 wages. Any payment made by a municipal corporation or fire district 33 pursuant to the provisions of this subdivision shall be deemed to have 34 been made for a valid and lawful public purpose. If application for such 35 retirement allowance or pension is not made by such [fireman] firefight- 36 er, application therefor may be made by the head of the fire company or 37 fire department or as otherwise provided by the fire district or by the 38 chief executive officer or local legislative body of the municipality by 39 which such [fireman] firefighter is employed. If such application for 40 accidental disability retirement allowance or retirement for disability 41 incurred in performance of duty allowance is denied, the fire district 42 or municipal corporation by which such [fireman] firefighter is employed 43 may appeal such determination. 44 3. If such a [fireman] firefighter is not eligible for or is not 45 granted such accidental disability retirement allowance or retirement 46 for disability incurred in performance of duty allowance or similar 47 accidental disability pension and is nevertheless, in the opinion of 48 such health authorities or physician, unable to perform his or her regu- 49 lar duties as a result of such injury or sickness but is able, in their 50 opinion, to perform specified types of light duty, payment of the full 51 amount of regular salary or wages, as provided by subdivision one of 52 this section, shall be discontinued with respect to such [fireman] fire- 53 fighter if he or she shall refuse to perform such light duty if the same 54 is available and offered to him or her, provided, however, that such 55 light duty shall be consistent with his or her status as a [fireman] 56 firefighter and shall enable him or her to continue to be entitled toS. 6542--B 32 1 his or her regular salary or wages, including increases thereof and 2 fringe benefits, to which he or she would have been entitled if he or 3 she were able to perform his or her regular duties. 4 4. If such a [fireman] firefighter is not eligible for or is not 5 granted an accidental disability retirement allowance or retirement for 6 disability incurred in performance of duty allowance or similar acci- 7 dental disability pension, he or she shall not be entitled to further 8 payment of the full amount of regular salary or wages, as provided by 9 subdivision one of this section, after he or she shall have attained the 10 mandatory service retirement age applicable to him or her or shall have 11 attained the age or performed the period of service specified by appli- 12 cable law for the termination of his or her service. Where such a [fire-13man] firefighter retires or is retired under any procedure applicable to 14 him or her, including but not limited to circumstances described in 15 subdivision two of this section or in this subdivision, he or she shall 16 thereafter, in addition to any portion of regular wages or salary and/or 17 any retirement allowance or pension to which he or she is then entitled, 18 continue to be entitled to medical treatment and hospital care necessi- 19 tated by reason of such injury or illness. 20 4-a. Any benefit payable pursuant to subdivision two of this section 21 to a person who is granted retirement for disability incurred in 22 performance of duty pursuant to section three hundred sixty-three-c of 23 the retirement and social security law shall be reduced by the amount of 24 the benefits that are finally determined payable under the workers' 25 compensation law by reason of accidental disability. 26 5. The appropriate municipal or fire district officials may transfer 27 such a [fireman] firefighter to a position in the same or another agency 28 or department where they are able to do so pursuant to applicable civil 29 service requirements and provided the [fireman] firefighter shall 30 consent thereto. 31 6. Any [fireman] firefighter receiving payments or benefits pursuant 32 to this section, who engages in any employment other than as provided in 33 subdivision three or five of this section shall on the commencement of 34 such employment, forfeit his or her entitlement to any payments and 35 benefits hereunder, and any such payment or benefit unlawfully received 36 by such [fireman] firefighter shall be refunded to and may be recovered 37 by the municipal corporation or fire district employing such [fireman] 38 firefighter in a civil action. For the purposes of this section, 39 employment shall not include income derived from passive involvement 40 with: gains derived from dealings in property, interest income, rents 41 from real property, royalties, dividends, alimony and separate mainte- 42 nance payments, annuities, income from life insurance and endowment 43 contracts, other pensions, income from the discharge of indebtedness, 44 income in the respect of a decedent, and income from an interest in an 45 estate or trust. 46 7. Notwithstanding any provision of law contrary thereto contained 47 herein or elsewhere, a cause of action shall accrue to the municipality 48 or fire district aforesaid for reimbursement in such sum or sums actual- 49 ly paid as a salary or wages and/or for medical or hospital treatment, 50 as against any third party against whom the [fireman] firefighter shall 51 have a cause of action for the injuries sustained. 52 § 54. Section 207-b of the general municipal law, as added by chapter 53 291 of the laws of 1960, subdivision 2 as amended by chapter 278 of the 54 laws of 1961, and subdivision 3 as amended by chapter 721 of the laws of 55 1973, is amended to read as follows:S. 6542--B 33 1 § 207-b. Additional retirement benefits for certain [firemen] fire- 2 fighters in cities. 1. As used in this section: 3 a. "Final compensation" means the average annual salary or wages for 4 services as a [fireman] firefighter earned from the date of his or her 5 minimum period to the date of his or her retirement. 6 b. "[Fireman] Firefighter" means a paid officer or member of the 7 uniformed force of the fire department of a city. 8 c. "Minimum period" means a fixed number of years of service as a 9 [fireman] firefighter specified in a plan or option elected by him or 10 her as a necessary prerequisite for a pension or retirement allowance 11 upon retirement from such service. 12 2. Notwithstanding the provisions of any general, special or local 13 law, charter or administrative code and in lieu of any lesser amount 14 thereby prescribed, in the event a [fireman] firefighter has served as 15 such for his or her minimum period and thereafter continues in such 16 service, upon his or her subsequent retirement for any cause whatsoever, 17 there shall be added to the amount of the annual pension or retirement 18 allowance to which he or she was entitled upon such retirement, an addi- 19 tional amount computed at the rate of one-sixtieth of his or her final 20 compensation for each year of such additional service. 21 3. The provisions of this section shall not apply to members of the 22 New York state [policemen's] and local police and [firemen's] fire 23 retirement system. 24 § 55. Section 207-c of the general municipal law, as added by chapter 25 920 of the laws of 1961, subdivision 1 as amended by section 2 of chap- 26 ter 522 of the laws of 2015, and subdivisions 2, 3 and 5 as amended by 27 chapter 661 of the laws of 1984, is amended to read as follows: 28 § 207-c. Payment of salary, wages, medical and hospital expenses of 29 [policemen] police officers with injuries or illness incurred in the 30 performance of duties. 1. Any sheriff, undersheriff, deputy sheriff or 31 corrections officer of the sheriff's department of any county or any 32 member of a police force of any county, city of less than one million 33 population, town or village, or of any district, agency, board, body or 34 commission thereof, or any LIRR police officer as defined in paragraph 35 two of subdivision a of section three hundred eighty-nine of the retire- 36 ment and social security law whose benefits are provided in and pursuant 37 to such section three hundred eighty-nine, or a detective-investigator 38 or any other investigator who is a police officer pursuant to the 39 provisions of the criminal procedure law employed in the office of a 40 district attorney of any county, or any corrections officer of the coun- 41 ty of Erie department of corrections, or an advanced ambulance medical 42 technician employed by the county of Nassau, or any detention officer 43 employed by the city of Yonkers, or any supervising fire inspector, fire 44 inspector, fire marshal, or assistant fire marshal employed full-time in 45 the county of Nassau fire marshal's office, or at the option of the 46 county of Nassau, any probation officer of the county of Nassau who is 47 injured in the performance of his or her duties or who is taken sick as 48 a result of the performance of his or her duties so as to necessitate 49 medical or other lawful remedial treatment shall be paid by the munici- 50 pality or The Long Island Rail Road Company by which he or she is 51 employed the full amount of his or her regular salary or wages from such 52 employer until his or her disability arising therefrom has ceased, and, 53 in addition such municipality or The Long Island Rail Road Company shall 54 be liable for all medical treatment and hospital care necessitated by 55 reason of such injury or illness. Provided, however, and notwithstand- 56 ing the foregoing provisions of this section, the municipal or The LongS. 6542--B 34 1 Island Rail Road Company health authorities or any physician appointed 2 for the purpose by the municipality or The Long Island Rail Road Compa- 3 ny, as relevant, after a determination has first been made that such 4 injury or sickness was incurred during, or resulted from, such perform- 5 ance of duty, may attend any such injured or sick [policeman] police 6 officer, from time to time, for the purpose of providing medical, surgi- 7 cal or other treatment, or for making inspections, and the municipality 8 or The Long Island Rail Road Company, as the case may be, shall not be 9 liable for salary or wages payable to such [policeman] police officer, 10 or for the cost of medical treatment or hospital care furnished after 11 such date as such health authorities or physician shall certify that 12 such injured or sick [policeman] police officer has recovered and is 13 physically able to perform his or her regular duties. Any injured or 14 sick [policeman] police officer who shall refuse to accept medical 15 treatment or hospital care or shall refuse to permit medical inspections 16 as herein authorized, including examinations pursuant to subdivision two 17 of this section, shall be deemed to have waived his or her rights under 18 this section in respect to expenses for medical treatment or hospital 19 care rendered and for salary or wages payable after such refusal. 20 Notwithstanding any provision of law to the contrary, a provider of 21 medical treatment or hospital care furnished pursuant to the provisions 22 of this section shall not collect or attempt to collect reimbursement 23 for such treatment or care from any such [policeman] police officer, any 24 such advanced ambulance medical technician or any such detention offi- 25 cer. 26 2. Payment of the full amount of regular salary or wages, as provided 27 by subdivision one of this section, shall be discontinued with respect 28 to any [policeman] police officer who is permanently disabled as a 29 result of an injury or sickness incurred or resulting from the perform- 30 ance of his or her duties if such [policeman] police officer is granted 31 an accidental disability retirement allowance pursuant to section three 32 hundred sixty-three of the retirement and social security law, a retire- 33 ment for disability incurred in performance of duty allowance pursuant 34 to section three hundred sixty-three-c of the retirement and social 35 security law or similar accidental disability pension provided by the 36 pension fund of which he or she is a member. If application for such 37 retirement allowance or pension is not made by such [policeman] police 38 officer, application therefor may be made by the head of the police 39 force or as otherwise provided by the chief executive officer or local 40 legislative body of the municipality by which such [policeman] police 41 officer is employed. 42 3. If such a [policeman] police officer is not eligible for or is not 43 granted such accidental disability retirement allowance or retirement 44 for disability incurred in performance of duty allowance or similar 45 accidental disability pension and is nevertheless, in the opinion of 46 such health authorities or physician, unable to perform his or her regu- 47 lar duties as a result of such injury or sickness but is able, in their 48 opinion, to perform specified types of light police duty, payment of the 49 full amount of regular salary or wages, as provided by subdivision one 50 of this section, shall be discontinued with respect to such [policeman] 51 police officer if he or she shall refuse to perform such light police 52 duty if the same is available and offered to him or her, provided, 53 however, that such light duty shall be consistent with his or her status 54 as a [policeman] police officer and shall enable him or her to continue 55 to be entitled to his or her regular salary or wages, including 56 increases thereof and fringe benefits, to which he or she would haveS. 6542--B 35 1 been entitled if he or she were able to perform his or her regular 2 duties. 3 4. The appropriate municipal officials may transfer such a [policeman] 4 police officer to a position in another agency or department where they 5 are able to do so pursuant to applicable civil service requirements and 6 provided the [policeman] police officer shall consent thereto. 7 5. If such a [policeman] police officer is not eligible for or is not 8 granted an accidental disability retirement allowance or retirement for 9 disability incurred in performance of duty allowance or similar acci- 10 dental disability pension, he or she shall not be entitled to further 11 payment of the full amount of regular salary or wages, as provided by 12 subdivision one of this section, after he or she shall have attained the 13 mandatory service retirement age applicable to him or her or shall have 14 attained the age or performed the period of service specified by appli- 15 cable law for the termination of his or her service. Where such a 16 [policeman] police officer is transferred to another position pursuant 17 to subdivision four of this section or retires or is retired under any 18 procedure applicable to him or her, including but not limited to circum- 19 stances described in subdivision two of this section or in this subdivi- 20 sion, he or she shall thereafter, in addition to any retirement allow- 21 ance or pension to which he or she is then entitled, continue to be 22 entitled to medical treatment and hospital care necessitated by reason 23 of such injury or illness. 24 6. Notwithstanding any provision of law contrary thereto contained 25 herein or elsewhere, a cause of action shall accrue to the municipality 26 for reimbursement in such sum or sums actually paid as salary or wages 27 and or for medical treatment and hospital care as against any third 28 party against whom the [policeman] police officer shall have a cause of 29 action for the injury sustained or sickness caused by such third party. 30 § 56. Subdivisions 1, 4 and 6 of section 207-c of the general munici- 31 pal law, subdivision 1 as amended by section 1 of chapter 522 of the 32 laws of 2015, and subdivisions 4 and 6 as amended by chapter 628 of the 33 laws of 1991, are amended to read as follows: 34 1. Any sheriff, undersheriff, deputy sheriff or corrections officer of 35 the sheriff's department of any county (hereinafter referred to as a 36 ["policeman"] "police officer") or any member of a police force of any 37 county, city of less than one million population, town or village, or of 38 any district, agency, board, body or commission thereof, or a detec- 39 tive-investigator or any other investigator who is a police officer 40 pursuant to the provisions of the criminal procedure law employed in the 41 office of a district attorney of any county, or any corrections officer 42 of the county of Erie department of corrections, or an advanced ambu- 43 lance medical technician employed by the county of Nassau, or any 44 detention officer employed by the city of Yonkers, or any supervising 45 fire inspector, fire inspector, fire marshal or assistant fire marshal 46 employed full-time in the county of Nassau fire marshal's office, or at 47 the option of the county of Nassau, any probation officer of the county 48 of Nassau who is injured in the performance of his or her duties or who 49 is taken sick as a result of the performance of his or her duties so as 50 to necessitate medical or other lawful remedial treatment shall be paid 51 by the municipality by which he or she is employed the full amount of 52 his or her regular salary or wages until his or her disability arising 53 therefrom has ceased, and, in addition such municipality shall be liable 54 for all medical treatment and hospital care necessitated by reason of 55 such injury or illness. Provided, however, and notwithstanding the 56 foregoing provisions of this section, the municipal health authoritiesS. 6542--B 36 1 or any physician appointed for the purpose by the municipality, after a 2 determination has first been made that such injury or sickness was 3 incurred during, or resulted from, such performance of duty, may attend 4 any such injured or sick [policeman] police officer, from time to time, 5 for the purpose of providing medical, surgical or other treatment, or 6 for making inspections and the municipality shall not be liable for 7 salary or wages payable to such [policeman] police officer, or for the 8 cost of medical treatment or hospital care furnished after such date as 9 such health authorities or physician shall certify that such injured or 10 sick [policeman] police officer has recovered and is physically able to 11 perform his or her regular duties. Any injured or sick [policeman] 12 police officer who shall refuse to accept medical treatment or hospital 13 care or shall refuse to permit medical inspections as herein authorized, 14 including examinations pursuant to subdivision two of this section, 15 shall be deemed to have waived his or her rights under this section in 16 respect to expenses for medical treatment or hospital care rendered and 17 for salary or wages payable after such refusal. 18 Notwithstanding any provision of law to the contrary, a provider of 19 medical treatment or hospital care furnished pursuant to the provisions 20 of this section shall not collect or attempt to collect reimbursement 21 for such treatment or care from any such [policeman] police officer, a 22 member of a police force of any county, city, any such advanced ambu- 23 lance medical technician, any such detention officer or any such detec- 24 tive-investigator or any other such investigator who is a police officer 25 pursuant to the provisions of the criminal procedure law. 26 4. The appropriate municipal or The Long Island Rail Road Company 27 officials may transfer a [policeman] police officer to a position in 28 another agency or department where they are able to do so pursuant to 29 applicable civil service or The Long Island Rail Road Company require- 30 ments and provided the [policeman] police officer shall consent thereto. 31 6. Notwithstanding any provision of law contrary thereto contained 32 herein or elsewhere, a cause of action shall accrue to the municipality 33 or The Long Island Rail Road Company for reimbursement in such sum or 34 sums actually paid as salary or wages and or for medical treatment and 35 hospital care as against any third party against whom the [policeman] 36 police officer shall have a cause of action for the injury sustained or 37 sickness caused by such third party. 38 § 57. Section 207-d of the general municipal law, as added by chapter 39 923 of the laws of 1961, the section heading and paragraph b of subdivi- 40 sion 1 as amended by chapter 72 of the laws of 1967, subdivision 2 as 41 amended by chapter 896 of the laws of 1962, and subdivision 3 as amended 42 by chapter 721 of the laws of 1973, is amended to read as follows: 43 § 207-d. Additional retirement benefits for certain [policemen] police 44 officers in cities and certain villages. 1. As used in this section: 45 a. "Final compensation" means the average annual salary or wages for 46 services as a [policeman] police officer earned from the date of his or 47 her minimum period to the date of his or her retirement. 48 b. ["Policeman"] "Police officer" means a paid officer or member of 49 the uniformed force of the police department of a city or of any village 50 which has elected to make the benefits provided under this section 51 available to the paid officers or members of its police department or 52 force. 53 c. "Minimum period" means a fixed number of years of service as a 54 [policeman] police officer specified in a plan or option elected by him 55 or her as a necessary prerequisite for a pension or retirement allowance 56 upon retirement from such service.S. 6542--B 37 1 2. Notwithstanding the provisions of any general, special or local 2 law, charter or administrative code and in lieu of any lesser amount 3 thereby prescribed, in the event a [policeman] police officer has served 4 as such for his or her minimum period and thereafter continues in such 5 service, upon his or her subsequent retirement for any cause whatsoever, 6 there shall be added to the amount of the annual pension or retirement 7 allowance to which he or she was entitled upon, such retirement an addi- 8 tional amount computed at the rate of one-sixtieth of his or her final 9 compensation for each year of such additional service. 10 3. The provisions of this section shall not apply to members of the 11 New York state [policemen's] and local police and [firemen's] fire 12 retirement system. 13 § 58. The section heading and subdivision 5 of section 207-e of the 14 general municipal law, the section heading as added by chapter 258 of 15 the laws of 1963, and subdivision 5 as amended by chapter 721 of the 16 laws of 1973, are amended to read as follows: 17 Minimum retirement benefits for [policemen] police officers in cities 18 and who are members of police pension or retirement systems maintained 19 by such cities. 20 5. The provisions of this section shall not apply to members of the 21 New York state [policemen's] and local police and [firemen's] fire 22 retirement system. 23 § 59. The section heading and subdivision 5 of section 207-e of the 24 general municipal law, the section heading as added by chapter 260 of 25 the laws of 1963, and subdivision 5 as amended by chapter 721 of the 26 laws of 1973, are amended to read as follows: 27 Minimum retirement benefits for [firemen] firefighters in cities and 28 who are members of fire department pension or retirement systems main- 29 tained by such cities. 30 5. The provisions of this section shall not apply to members of the 31 New York state [policemen's] and local police and [firemen's] fire 32 retirement system. 33 § 60. Subdivision 4 of section 207-f of the general municipal law, as 34 amended by chapter 721 of the laws of 1973, is amended to read as 35 follows: 36 4. The provisions of this section shall not apply to members of the 37 New York state [policemen's] and local police and [firemen's] fire 38 retirement system. 39 § 61. Subdivision 4 of section 207-g of the general municipal law, as 40 amended by chapter 721 of the laws of 1973, is amended to read as 41 follows: 42 4. The provisions of this section shall not apply to members of the 43 New York state [policemen's] and local police and [firemen's] fire 44 retirement system. 45 § 62. Subdivision 3 of section 207-h of the general municipal law, as 46 amended by section 8 of chapter 721 of the laws of 1973, is amended to 47 read as follows: 48 3. The provisions of this section shall not apply to members of the 49 New York state [policemen's] and local police and [firemen's] fire 50 retirement system. 51 § 63. Subdivision 4 of section 207-h of the general municipal law, as 52 amended by section 9 of chapter 721 of the laws of 1973, is amended to 53 read as follows: 54 4. The provisions of this section shall not apply to members of the 55 New York state [policemen's] and local police and [firemen's] fire 56 retirement system.S. 6542--B 38 1 § 64. The section heading and subdivision f of section 207-i of the 2 general municipal law, the section heading as added by chapter 561 of 3 the laws of 1967, and subdivision f as amended by chapter 721 of the 4 laws of 1973, are amended to read as follows: 5 Temporary supplemental retirement allowances for certain [policemen] 6 police officers. 7 f. Nothing herein contained shall be deemed to apply to members of the 8 New York state [policemen's] and local police and [firemen's] fire 9 retirement system. 10 § 65. The section heading of section 207-i of the general municipal 11 law, as amended by chapter 954 of the laws of 1970, is amended to read 12 as follows: 13 Supplemental retirement allowances of retired [firemen] firefighters 14 of cities. 15 § 66. The section heading of section 207-ii of the general municipal 16 law, as added by chapter 422 of the laws of 1981, is amended to read as 17 follows: 18 Payment of supplemental retirement allowances of retired [policemen19and firemen] police officers and firefighters of certain cities. 20 § 67. The section heading of section 207-l of the general municipal 21 law, as added by chapter 480 of the laws of 1971, is amended to read as 22 follows: 23 Temporary supplemental retirement allowances for certain [policemen] 24 police officers in towns and villages. 25 § 68. The section heading of section 208-b of the general municipal 26 law, as amended by chapter 742 of the laws of 1964, is amended to read 27 as follows: 28 Death benefits for beneficiaries of certain [policemen and firemen] 29 police officers and firefighters. 30 § 69. The section heading of section 208-c of the general municipal 31 law, as added by chapter 463 of the laws of 1967, is amended to read as 32 follows: 33 Death benefits for dependent fathers or dependent mothers of certain 34 [policemen and firemen] police officers and firefighters. 35 § 70. Subdivision 2 of section 208-d of the general municipal law, as 36 added by chapter 770 of the laws of 1961, is amended to read as follows: 37 2. Notwithstanding any provision of law to the contrary thereto 38 contained herein or elsewhere, a cause of action shall accrue to the 39 village or town aforesaid for reimbursement in such sum or sums actually 40 paid as a salary or wages and/or for medical or hospital treatment, as 41 against any third party against whom the [policemen] police officers 42 shall have a cause of action for the injuries sustained. 43 § 71. Subdivision 1 of section 209 of the general municipal law, as 44 amended by chapter 191 of the laws of 2006, is amended to read as 45 follows: 46 1. The fire department of any city, village or fire district, the fire 47 companies serving territory outside of villages and fire districts in 48 any town and the fire departments of any town which has a town fire 49 department, an ambulance district and a county or public authority which 50 operates an airport crash-fire-rescue unit, may answer calls for assist- 51 ance outside the area regularly served and protected by such fire 52 department or fire companies, ambulance district or crash-fire-rescue 53 unit and may engage and participate in fire training programs in terri- 54 tory outside the area regularly served and protected by such fire 55 department, fire companies, ambulance districts or crash-fire-rescue 56 unit. While in the performance of their duties under this subdivision,S. 6542--B 39 1 the members of such departments, companies, districts or crash-fire-res- 2 cue units shall have the same immunities and privileges as if such 3 duties were performed within the area regularly served and protected by 4 such departments, companies, districts or crash-fire-rescue units. While 5 responding to a call for assistance under this subdivision a city, 6 village, fire district, ambulance district, town or county or public 7 authority operating an airport crash-fire-rescue unit shall be liable 8 for the negligence of [firemen] firefighters of the city fire depart- 9 ment, village fire department, fire district fire department, town fire 10 department, ambulance district or crash-fire-rescue unit, respectively, 11 occurring in the performance of their duties in the same manner and to 12 the same extent as if such negligence occurred in the performance of 13 their duties within the area regularly served and protected by such 14 departments, districts or units. The legislative body of any county, 15 city or village, the board of fire commissioners or other governing 16 board of any fire district, ambulance district or public authority or 17 the town board of any town in relation to the fire companies serving 18 territory outside of villages and fire districts or in relation to a 19 town fire department, or ambulance district, as the case may be, by 20 resolution may restrict such outside service and training to such extent 21 as it shall deem advisable. Any such resolution shall continue in effect 22 until amended or repealed by the adoption of a subsequent resolution. 23 The officer in charge of any fire department or fire company or ambu- 24 lance district shall be notified promptly of the adoption of any such 25 resolution and of any amendment or repeal thereof. In a county, city, or 26 in a village or town, such action may be taken by local law or by ordi- 27 nance instead of by resolution. As used in this section, the terms "fire 28 department", "fire companies", "ambulance service" and "crash-fire-res- 29 cue unit" shall include all companies, squads, patrols or other units of 30 such departments, companies or units, or volunteer ambulance services 31 organized pursuant to section one hundred twenty-two-b of this chapter, 32 and the term "assistance" includes the services of firefighting forces, 33 fire police squads, ambulance services, emergency rescue and first aid 34 squads rendered in case of a fire or other emergency, including stand-by 35 service, to aid (1) a fire department or fire company, and (2) owners or 36 occupants of property, and other persons, whether or not such owners, 37 occupants or persons are receiving fire or other emergency service from 38 another fire department or fire company or ambulance service. Except as 39 otherwise provided by law in the case of natural disaster emergencies, a 40 call to furnish assistance may be made by any person aware of the peril 41 involved and the need for assistance or pursuant to any legally author- 42 ized or recognized plan for the furnishing of mutual aid in cases of 43 fire or other emergency. The call need not originate in the municipal 44 corporation, district or area liable for the payment of financial bene- 45 fits in the event of the death or injury of a [fireman] firefighter or 46 ambulance or rescue squad member engaged in rendering such assistance. 47 The call may be relayed through one or more persons or mediums of commu- 48 nication. The provisions of this subdivision shall supersede the 49 provisions of any general, special or local law to the extent that there 50 is a conflict between the provisions of this subdivision and such law, 51 except that if (1) any city had, prior to April fifteenth, nineteen 52 hundred fifty, restricted in any manner the fire department of the city 53 from engaging in service outside the city or (2) any city, village, fire 54 district or town has heretofore restricted in any manner a fire depart- 55 ment or fire company or ambulance service from engaging in service or 56 training pursuant to the provisions of this subdivision, suchS. 6542--B 40 1 restrictions shall continue in effect until changed pursuant to the 2 provisions of this subdivision. 3 § 72. Section 209-a of the general municipal law, as amended by chap- 4 ter 712 of the laws of 1950, subdivision 1 as amended by chapter 819 of 5 the laws of 1951, and subdivision 3 as added by chapter 699 of the laws 6 of 1956, is amended to read as follows: 7 § 209-a. Relations with other states and the dominion of Canada. 1. 8 Whenever a volunteer fire company or department of this state shall 9 answer a call for assistance from any political subdivision or territory 10 of another state of the United States, or of the Dominion of Canada, or 11 property ceded to the federal government, the provisions of section two 12 hundred five of this chapter and the provisions of the [workmen's] work- 13 ers' compensation law shall apply with respect to the volunteer [fire-14men] firefighters of such fire company or department, while such assist- 15 ance is being rendered or while going to or returning from the place 16 from whence such call came, to the same extent and in the same manner as 17 if such service had been rendered in the area regularly served by such 18 volunteer [firemen] firefighters; provided, however, that there shall be 19 deducted from any amounts payable under such section or such law, any 20 amounts recoverable by or payable to such volunteer [firemen] firefight- 21 ers under the laws applicable in the political subdivision or territory 22 from whence the call for assistance came. 23 2. The provisions of sections two hundred five and two hundred nine of 24 this chapter shall apply with respect to volunteer [firemen] firefight- 25 ers, fire departments and companies of other states of the United States 26 and of the Dominion of Canada that render service in this state in 27 answer to a call for assistance, provided that the laws of the state 28 served by such volunteer [firemen] firefighters, fire departments or 29 companies, or of the Dominion of Canada, as the case may be, contain 30 provisions under which substantially similar benefits are granted to 31 volunteer [firemen] firefighters, fire departments and companies of this 32 state when rendering service in such other states, or the Dominion of 33 Canada, as the case may be, in answer to a call for assistance, and 34 provided further that there shall be deducted from any amounts payable 35 under the provisions of section two hundred five of this [chapter] arti- 36 cle to volunteer [firemen] firefighters of such other states or of the 37 Dominion of Canada, any amounts recoverable by or payable to such volun- 38 teer [firemen] firefighters under the laws of the state served by such 39 volunteer [firemen] firefighters or of the Dominion of Canada, as the 40 case may be. 41 3. The provisions of this section shall not apply where a volunteer 42 [fireman] firefighter of this state, or of another state, or of the 43 Dominion of Canada, as the case may be, is killed or injured, on or 44 after the first day of March, nineteen hundred fifty-seven, or dies from 45 the effects of injuries received on or after such date. 46 § 73. Paragraph a of subdivision 1 and subdivision 4 of section 209-b 47 of the general municipal law, paragraph a of subdivision 1 as amended by 48 chapter 843 of the laws of 1980, and subdivision 4 as amended by chapter 49 718 of the laws of 1958, are amended to read as follows: 50 a. The authorities having control of fire departments and fire compa- 51 nies may organize within such departments or companies emergency rescue 52 and first aid squads composed of [firemen] firefighters who are members 53 of such departments or companies. Such squads, so organized, may render 54 services in case of accidents, calamities or other emergencies in 55 connection with which their services may be required, as well as in case 56 of alarms of fire. Whether or not such squads have been organized, anyS. 6542--B 41 1 [fireman] firefighter may render service in case of accidents, calami- 2 ties or other emergencies in connection with which the services of 3 [firemen] firefighters may be required, as well as in case of alarms of 4 fire, unless he or she shall have been duly ordered not to render such 5 service by the authorities having control of the fire department or 6 company of which he or she is a member. If a request for emergency 7 service is made by, or originates from a doctor or peace officer, acting 8 pursuant to his or her special duties, or police officer, and there is 9 any doubt as to whether an emergency exists, the judgment of the doctor 10 or officer that there is, in fact, an emergency may be accepted as 11 conclusive by such squad, or the [fireman] firefighter responding, or 12 who has responded to such call. The person designated to receive calls 13 for such emergency services, for the purpose of dispatching such squads 14 or [firemen] firefighters, shall determine in the first instance from 15 the information furnished to him or her whether an emergency exists and 16 his or her decision, if in good faith, as to whether or not there is an 17 emergency shall be final in relation to dispatching such squads or 18 [firemen] firefighters. Any such preliminary determination shall not be 19 deemed to authorize the rendition of services if, upon arriving at the 20 place to which dispatched, it is found that there is no emergency. 21 4. Fees and charges prohibited. Emergency and general ambulance 22 service authorized pursuant to this section shall be furnished without 23 cost to the person served. The acceptance by any [fireman] firefighter 24 of any personal remuneration or gratuity, directly or indirectly, from a 25 person served shall be a ground for his or her expulsion or suspension 26 as a member of the fire department or fire company. 27 § 74. Section 209-c of the general municipal law, as amended by chap- 28 ter 843 of the laws of 1980, is amended to read as follows: 29 § 209-c. Fire police squads of fire departments and fire companies. 30 The authorities having control of fire departments and fire companies 31 may organize within such departments or companies fire police squads 32 composed of volunteer [firemen] firefighters who are members of such 33 departments or companies. Members of fire police squads, so organized, 34 at such times as the fire department, fire company or an emergency 35 rescue and first aid squad of the fire department or fire company are on 36 duty, or when, on orders of the chief of the fire department or fire 37 company of which they are members, they are separately engaged in 38 response to a call for assistance pursuant to the provisions of section 39 two hundred nine of [the general municipal law] this article, shall have 40 the powers of and render service as peace officers. A member of a fire 41 police squad shall take an oath of office as a fire [policeman] police 42 officer in the following form: "I do solemnly swear (or affirm) that I 43 will support the constitution of the United States, and the constitution 44 of the State of New York, and that I will faithfully discharge the 45 duties of the office of fire [policeman] police officer of the 46 ...................... fire company (or fire department), according to 47 the best of my ability." Such oath shall be filed in the office of the 48 city clerk in the case of a [fireman] firefighter of a fire company or 49 fire department in a city, in the office of the village clerk in the 50 case of a [fireman] firefighter of a fire company or fire department in 51 a village, and in the office of the town clerk in all other cases. 52 Notwithstanding any other provision of law to the contrary, a member of 53 a fire police squad shall have satisfied any requirement for training as 54 provided by any general or local law if the person has satisfactorily 55 completed a training course offered by the state office of fireS. 6542--B 42 1 prevention and control, or an equivalent course as approved by the state 2 office of fire prevention and control. 3 § 75. Section 209-d of the general municipal law, as amended by chap- 4 ter 190 of the laws of 1958, is amended to read as follows: 5 § 209-d. Contracts for outside service by volunteer fire departments 6 and companies. Notwithstanding any other provision of law, no contract 7 shall be made by a municipality or fire district whereby the services of 8 a volunteer fire department or company are to be supplied outside of 9 such municipality or fire district to provide (1) fire protection, (2) 10 emergency service in case of accidents, calamities or other emergencies, 11 or (3) general ambulance service pursuant to the provisions of section 12 two hundred nine-b of this [chapter] article, unless such volunteer fire 13 department or company consents thereto. Any such contract may provide 14 for the payment of a portion of the consideration expressed therein to 15 such volunteer fire department or company to be expended for fire 16 department or company purposes only. If the municipality or fire 17 district owns all of the fire apparatus to be used in carrying out the 18 contract, the portion of the consideration which may be paid to such 19 volunteer fire department or company shall not exceed thirty-five per 20 centum, unless a greater portion was being so paid on March fifteenth, 21 nineteen hundred forty-one, under a contract entered into on or before 22 that date, in which event a not greater portion than was being paid on 23 said date may be paid to such volunteer fire department or company in 24 respect to any contract entered into on or after such date. No payments 25 shall be made to individual volunteer [firemen] firefighters as compen- 26 sation for rendering such outside service. 27 § 76. The section heading and subdivisions 1, 2 and 3 of section 209-i 28 of the general municipal law, as amended by chapter 967 of the laws of 29 1965, are amended to read as follows: 30 Emergency service by volunteer [firemen] firefighters. 1. Whenever a 31 volunteer [fireman] firefighter is within this state, but outside the 32 area regularly served by the fire company or fire department of which he 33 or she is a member and has knowledge of a fire or other emergency at or 34 near the place where he or she is for the time being, such volunteer 35 [fireman] firefighter may report to the officer in command of the paid 36 or volunteer fire company or paid or volunteer fire department, or in 37 command of one of the paid or volunteer fire companies or one of the 38 paid or volunteer fire departments, engaged in the handling of any such 39 fire or other emergency and, on an individual basis, offer his or her 40 services to assist such fire company or fire department. After his or 41 her services are so accepted, the volunteer [fireman] firefighter shall 42 then be entitled to all powers, rights, privileges and immunities grant- 43 ed by law to volunteer [firemen] firefighters during the time such 44 services are rendered, in the same manner and to the same extent as if 45 he or she were a volunteer member of the fire company or fire department 46 which he or she is assisting, including benefits under the volunteer 47 [firemen's] firefighters' benefit law. Any such commanding officer 48 shall have power, in his or her discretion, to so accept the services of 49 a volunteer [fireman] firefighter unless the legislative body of the 50 city or the village, the board of fire commissioners or other governing 51 board of the fire district, or the town board of the town in relation to 52 (a) the fire companies serving territory outside villages and fire 53 districts or (b) a town fire department, as the case may be, by resol- 54 ution heretofore or hereafter adopted, has forbidden the acceptance of 55 any such services pursuant to this section. Any such resolution shall 56 continue in effect until amended or repealed by the adoption of a subse-S. 6542--B 43 1 quent resolution. The officer in charge of any fire company or fire 2 department shall be notified promptly of the adoption of any such resol- 3 ution and of any amendment or repeal thereof. 4 2. The municipal corporation or fire district which would be liable 5 for the negligence of any volunteer members of the fire company or fire 6 department which has accepted the services of the volunteer [fireman] 7 firefighter pursuant to this section shall be liable for the negligence 8 of such volunteer [fireman] firefighter while acting, after such accept- 9 ance and during the time such services were rendered, in the discharge 10 of his or her duties as a volunteer [fireman] firefighter in the same 11 manner and to the same extent as if he or she were a volunteer member of 12 the fire company or fire department which he or she assisted. If the 13 fire company or fire department which has so accepted the services of a 14 volunteer [fireman] firefighter pursuant to this section is a paid fire 15 company or paid fire department, such paid fire company or paid fire 16 department shall, for the purposes of this subdivision and section two 17 hundred five-b of this [chapter] article, be deemed to be a "duly organ- 18 ized volunteer fire company" within the meaning of such section two 19 hundred five-b. 20 3. As used in this section, the term "volunteer [fireman] firefighter" 21 means a "volunteer [fireman] firefighter" as such term is defined in 22 section three of the volunteer [firemen's] firefighters' benefit law; 23 the term "area regularly served" means the home area of the volunteer 24 [fireman] firefighter as described in subdivisions one, two, three, four 25 or five of section thirty of the volunteer [firemen's] firefighters' 26 benefit law and, in addition, any other area served pursuant to a 27 contract for fire protection and the terms "fire company" and "fire 28 department" shall include emergency rescue and first aid squads or other 29 squads or units of a fire company or fire department. 30 § 77. Section 209-j of the general municipal law, as amended by chap- 31 ter 449 of the laws of 1956, is amended to read as follows: 32 § 209-j. Mutual aid programs in counties. The board of supervisors in 33 any county may appropriate and expend such sums as it may deem necessary 34 and proper for the establishment and maintenance of a county mutual aid 35 plan in cases of fire and other emergencies in which the services of 36 [firemen] firefighters would be used and may prescribe the method of 37 auditing or approving expenditures under any such appropriation. 38 Expenses incurred by any city, town, village or fire district partic- 39 ipating in such mutual aid plan shall be a lawful municipal or fire 40 district charge to be paid in the same manner as other like charges. 41 § 78. Section 209-p of the general municipal law, as amended by chap- 42 ter 97 of the laws of 1958, is amended to read as follows: 43 § 209-p. Relay of fire and emergency calls. The fire department of 44 any city may accept any calls for aid in cases of fire or other emergen- 45 cies made to its fire headquarters from territory outside the city and 46 may relay such calls for aid in fires or other emergencies by such means 47 as may be expedient to the fire department, fire company or fire 48 district serving said territory. This section shall apply only to cities 49 participating in any legally authorized or recognized plan for furnish- 50 ing mutual aid in cases of fire and other emergencies in which the 51 services of [firemen] firefighters would be used. Any city, village or 52 fire district, any town which has a town fire department, or any town 53 board on behalf of a fire protection district, fire alarm district or 54 territory outside any such municipal corporation or district, for which 55 aid is to be furnished, may contract with a city to accept and relay 56 such calls, as aforesaid, and the amounts payable under any suchS. 6542--B 44 1 contract shall be a lawful charge against and paid as contracted for by 2 the city, village, fire district, town which has a town fire department, 3 fire protection district, fire alarm district or territory outside any 4 such municipal corporation or district. Any city accepting and transmit- 5 ting fire calls from territory outside the city, pursuant to any such 6 contract, shall not be liable for any injury or death to persons or 7 damage to property as the result thereof, when it, in good faith, 8 complies with or attempts to comply with the provisions of this section. 9 § 79. The section heading of section 209-x of the general municipal 10 law, as added by chapter 667 of the laws of 1984, is amended to read as 11 follows: 12 Training of certain paid city [firemen] firefighters promoted to a 13 first-line supervisory position. 14 § 80. Subdivisions 1, 2 and 3 of the section 709 of general municipal 15 law, as added by chapter 844 of the laws of 1963, are amended to read as 16 follows: 17 1. If an annexation of territory by a city includes the entire area of 18 a fire district, the city, as of the date of such annexation, shall 19 become the owner of all of the property and property rights of the fire 20 district and shall assume all of the indebtedness and contract or other 21 liabilities of the fire district, and shall furnish fire protection, and 22 other emergency service which would require the services of [firemen] 23 firefighters, in the area so annexed in the same manner as in other 24 similar areas of the city. 25 2. If an annexation of territory by a city includes only a part of the 26 area of a fire district, the indebtedness and any contract or other 27 liabilities, and interest thereon, shall be a charge upon and shall be 28 paid by the city, as the same shall become due and payable, to the fire 29 district in the same proportion to the whole of any such indebtedness or 30 any such liability as the full valuation of the taxable real property of 31 the territory which is annexed bears to the full valuation of the taxa- 32 ble real property of the fire district prior to the annexation. Such 33 full valuation shall be determined in the manner provided in subdivision 34 twenty-one-a of section 2.00 of the local finance law. If the fire 35 district owns any real property or rights in real property in the terri- 36 tory which is annexed, the city may purchase any such property, includ- 37 ing any personal property used in connection therewith, from the fire 38 district for a fair and reasonable price to be agreed upon by the 39 governing boards of the city and the fire district and the board of 40 commissioners of the fire district shall have power to execute any 41 necessary instruments in relation thereto. Any such sale shall not be 42 subject to approval at a fire district election. If such real property 43 is a firehouse owned by the fire district, the city shall be required to 44 purchase such real property and any rights in real property appurtenant 45 thereto from the fire district. If the governing boards of the city and 46 the fire district cannot agree on a fair and reasonable price therefor, 47 the city shall proceed to acquire such real property and any such rights 48 by condemnation in the same manner as if the property was owned by an 49 individual. The city shall furnish fire protection, and other emergency 50 service which would require the services of [firemen] firefighters, in 51 the area so annexed in the same manner as in other similar areas of the 52 city. 53 3. If an annexation of territory of a city includes the entire area of 54 a fire protection district or of a fire alarm district, the city shall 55 furnish fire protection, and other emergency service which would requireS. 6542--B 45 1 the services of [firemen] firefighters, in the area so annexed in the 2 same manner as in other similar areas of the city. 3 § 81. Subdivision 5 of section 800 of the general municipal law, as 4 amended by chapter 88 of the laws of 1980, is amended to read as 5 follows: 6 5. "Municipal officer or employee" means an officer or employee of a 7 municipality, whether paid or unpaid, including members of any adminis- 8 trative board, commission or other agency thereof and in the case of a 9 county, shall be deemed to also include any officer or employee paid 10 from county funds. No person shall be deemed to be a municipal officer 11 or employee solely by reason of being a volunteer [fireman] firefighter 12 or civil defense volunteer, except a fire chief or assistant fire chief. 13 § 82. Section 57 of the second class cities law, as amended by chapter 14 1068 of the laws of 1974, is amended to read as follows: 15 § 57. Additional powers and duties. The mayor shall have such other 16 powers and perform such other duties as may be prescribed in this chap- 17 ter or by other laws of the state or by ordinance of the common council, 18 not inconsistent with law. In case of riot, conflagration or other 19 public emergency requiring it, the mayor shall have power to call out 20 the police and [firemen] firefighters; he or she shall also have power 21 to appoint such number of special [policemen] police officers as he or 22 she may deem necessary to preserve the public peace. Such special 23 [policemen] police officers shall be under the sole control of the regu- 24 larly appointed and constituted officers of the police department. They 25 have shall have power to make arrests only for disorderly conduct or 26 other offenses against peace or good order. In case of riot or insurrec- 27 tion, he or she may take command of the whole police force, including 28 the chief executive officer thereof. 29 § 83. Subdivision 5 of paragraph a of section 29.00 of the local 30 finance law, as amended by chapter 624 of the laws of 1965, is amended 31 to read as follows: 32 5. Any municipality or fire district may issue budget notes during any 33 fiscal year to provide for the payment in such fiscal year of the cost 34 of insurance secured to indemnify against liability for benefits payable 35 under the volunteer [firemen's] firefighters' benefit law and for which 36 cost an insufficient or no provision was made in the annual budget of 37 the municipality or fire district for such fiscal year. The aggregate 38 amount of any such notes which may be issued for such purpose in a 39 fiscal year commencing after December thirty-first, nineteen hundred 40 sixty-five, shall not exceed the sum by which the actual cost of such 41 insurance to be paid in the fiscal year in which such notes are issued 42 exceeds the actual cost of such insurance in the fiscal year prior to 43 the fiscal year in which such notes are issued; provided, however, that 44 this limitation shall not apply in a case where the municipality or fire 45 district has not incurred any such cost in the fiscal year prior to that 46 in which such notes are issued. 47 § 84. Paragraph f of subdivision 1 of section 11 of the municipal home 48 rule law, as amended by chapter 21 of the laws of 1992, is amended to 49 read as follows: 50 f. Applies to or affects any provision of paragraph (c) of subdivision 51 one of section 8-100 of the election law, the labor law, sections two, 52 three and four of chapter one thousand eleven of the laws of nineteen 53 hundred sixty-eight, entitled "An act in relation to the maximum hours 54 of labor of certain municipal and fire district [firemen] firefighters 55 and the holidays of [firemen] firefighters and [policemen] police offi- 56 cers, repealing certain sections of the labor law relating thereto, andS. 6542--B 46 1 to amend the municipal home rule law, in relation thereto," as amended, 2 the volunteer [firemen's] firefighters' benefit law, or the [workmen's] 3 workers' compensation law or changes any provision of the multiple resi- 4 dence law or the multiple dwelling law, except that in a city of one 5 million persons or more, the provisions of local law for the enforcement 6 of the housing code which is not less restrictive than the multiple 7 dwelling law may be applied in the enforcement of the multiple dwelling 8 law. 9 § 85. Section 15 of the general city law, as amended by chapter 88 of 10 the laws of 1980, is amended to read as follows: 11 § 15. [Firemen] Firefighters moving from one city to another. The 12 [firemen] firefighters of the different cities of this state, in case of 13 removal from one city to another, shall be allowed the time which they 14 have served as such [firemen] firefighters in the city they left, in the 15 city to which they have removed, upon producing a certificate of such 16 service, signed by the chief of the city so left, and being appointed 17 [firemen] firefighters in the city to which they have removed. 18 § 86. Section 16 of the general city law is amended to read as 19 follows: 20 § 16. Term of service; how reckoned. When any such [fireman] fire- 21 fighter shall have served as such for so long a time thereafter as shall 22 make the whole term of service the same as required by law of [fireman] 23 firefighters residing in the city removed to, he shall be entitled to 24 all the privileges and exemptions secured by law to the [fireman] fire- 25 fighters of the cities of Albany and New York. 26 § 87. Subdivisions 5, 6, 7, 9, paragraph 3 of subdivision 13 and para- 27 graph (a) of subdivision 14 of section 16-a of the general city law, 28 subdivisions 5, 6 and 9 as amended by chapter 523 of the laws of 1958, 29 subdivision 7 as amended by chapter 185 of the laws of 1984, paragraph 3 30 of subdivision 13 as amended by chapter 373 of the laws of 2011, and 31 paragraph (a) of subdivision 14 as amended by chapter 215 of the laws of 32 1978, are amended to read as follows: 33 5. Any fire company may authorize the continued membership of any 34 volunteer member where such member notifies the secretary of his or her 35 fire company (a) that he or she plans to change his or her residence to 36 territory which is not in the city and is not protected by the fire 37 department of the city, or any fire company thereof, pursuant to a 38 contract for fire protection, and (b) that by reason of his or her resi- 39 dence in the vicinity and his or her usual occupation he or she will be 40 available to render active service as a volunteer [fireman] firefighter 41 in the city or in territory outside the city which is afforded fire 42 protection pursuant to a contract for fire protection by the fire 43 department of the city, or a fire company thereof. Such authorization 44 shall be pursuant to the by-laws, if any, of the fire company of which 45 he or she is a member, otherwise by a three-fourths vote of the members 46 of such fire company present and voting at a regular or special meeting 47 thereof. Such authorization shall not become effective unless approved 48 by resolution of the board of fire commissioners or other body or offi- 49 cer hereinabove mentioned. Any membership continued pursuant to the 50 provisions of this subdivision shall terminate when the member cannot 51 meet either the requirements of this subdivision or the residence 52 requirements of subdivision three. In the case of a city which adjoins 53 another state, the term "vicinity", as used in this subdivision, 54 includes territory in this state and territory in the adjoining state. 55 6. A person who cannot meet the residence requirements of subdivision 56 three of this section may be elected to membership as a volunteer memberS. 6542--B 47 1 of any fire company of the fire department if by reason of his or her 2 residence in the vicinity and his or her usual occupation he or she will 3 be available to render active service as a volunteer [fireman] fire- 4 fighter in the city or in territory which is afforded fire protection 5 pursuant to a contract for fire protection by the fire department of the 6 city or a fire company thereof. Such authorization shall be pursuant to 7 the by-laws, if any, of the fire company; otherwise by a three-fourths 8 vote of the members of the fire company present and voting at a regular 9 or special meeting thereof. Such authorization shall not become effec- 10 tive unless approved by resolution of the board of fire commissioners or 11 other body or officer hereinabove mentioned. The membership of any 12 volunteer member elected pursuant to the provisions of this subdivision 13 shall terminate when the member cannot meet either the requirements of 14 this subdivision or the residence requirements of subdivision three. In 15 the case of a city which adjoins another state, the term "vicinity", as 16 used in this subdivision, includes territory in this state and territory 17 in the adjoining state. 18 7. The membership of any volunteer [fireman] firefighter shall not be 19 continued pursuant to subdivision five of this section, and persons 20 shall not be elected to membership pursuant to subdivision six of this 21 section, if, by so doing, the percentage of such non-resident members in 22 the fire company would exceed forty-five per centum of the actual 23 membership of the fire company. 24 9. Residents of outside territory protected pursuant to a contract for 25 fire protection who have been elected to volunteer membership, and non- 26 residents whose volunteer memberships have been authorized or continued 27 pursuant to subdivision five or six, shall have all the powers, duties, 28 immunities, and privileges of resident volunteer members, except (1) 29 they may not be elected or appointed to any office of the fire depart- 30 ment which is required by law to be held by an elector of the city, (2) 31 non-residents of the state may not be appointed or elected to any office 32 in the fire company or fire department, and (3) a non-resident of this 33 state whose membership has been continued pursuant to subdivision five 34 of this section, or a non-resident of this state who was elected to 35 membership pursuant to subdivision six of this section, shall not be 36 considered to be performing any firemanic duty, or to be engaged in any 37 firemanic activity, as a member of the fire company while he or she is 38 outside of this state unless and until he or she has first reported to 39 the officer or [fireman] firefighter in command of his or her fire 40 department, or any company, squad or other unit thereof, engaged or to 41 be engaged in rendering service outside this state, or has received 42 orders or authorization from an officer of the fire department or fire 43 company to participate in or attend authorized activities outside of 44 this state in the same manner as resident members of the fire company. 45 (3) who was, at the time of his or her election to membership, a resi- 46 dent of the city or of territory outside the city which was afforded 47 fire protection by the fire department of the city, or any fire company 48 thereof, pursuant to a contract for fire protection, or who was a non- 49 resident who was elected to membership or who was continued as a member, 50 pursuant to the provisions of subdivision five or six of this section, 51 shall for all purposes in law be considered to have been duly elected 52 and approved, or continued, as a member in such fire company as of the 53 date of such approval, if any, and, if none, then as of the date of such 54 election or, in the case of a continuance, as of the date of the 55 approval, if any, by the board of fire commissioners or the governing 56 board, and, if none, as of the date of authorization of continuance byS. 6542--B 48 1 the fire company; notwithstanding that there may have been some legal 2 defect in such election, or the proceedings precedent thereto, or a 3 failure of the board of fire commissioners or governing board to approve 4 such member, or approve the continuance of membership of such member, as 5 provided by the law in force at the time of such election, or contin- 6 uance, and the status of such person as a volunteer [fireman] firefight- 7 er as of such date is hereby legalized, validated and confirmed. This 8 subdivision shall not apply to a person, if any, whose volunteer member- 9 ship in a fire company was disapproved by the board of fire commission- 10 ers or declared invalid by a court of competent jurisdiction prior to 11 the first day of January, two thousand eleven. 12 (a) It shall be an unlawful discriminatory practice for any volunteer 13 fire department or fire company, through any member or members thereof, 14 officers, board of fire commissioners or other body or office having 15 power of appointment of volunteer [firemen] firefighters in any fire 16 department or fire company pursuant to this section, because of the 17 race, creed, color, national origin, sex or marital status of any indi- 18 vidual, to exclude or to expel from its volunteer membership such indi- 19 vidual, or to discriminate against any of its members because of the 20 race, creed, color, national origin, sex or marital status of such 21 volunteer members. 22 § 88. Subdivision 12-a of section 20 of the general city law, as 23 amended by chapter 138 of the laws of 1986, is amended to read as 24 follows: 25 12-a. May appropriate moneys to a fire department to fund an annual 26 [fireman's] firefighter's inspection dinner for volunteer firefighters 27 and the city of Glen Cove may appropriate moneys to a fire department to 28 fund an annual dinner for installation of fire district officers. 29 § 89. Paragraph (a) of subdivision 1 of section 20 of the town law, as 30 amended by chapter 252 of the laws of 1990, is amended to read as 31 follows: 32 (a) Every town of the first class shall have a supervisor, four town 33 [councilmen] council members, unless the number of [councilmen] council 34 members shall have been increased to six or decreased to two as provided 35 by this chapter, a town clerk, two town justices, a town superintendent 36 of highways, one assessor, a receiver of taxes and assessments, as many 37 town [policemen] police officers and such other employees as the town 38 board may determine necessary for the proper conduct of the affairs of 39 the town. The supervisor, town [councilmen] counsel members, town clerk, 40 town justices, town superintendent of highways and receiver of taxes and 41 assessments in every such town shall be elective. All other officers and 42 employees in such a town shall be appointed by the town board, except as 43 otherwise provided by law. In any town in which a town police department 44 has been established pursuant to law, or which town is a part of a coun- 45 ty police district, the town board may appoint not more than four civil 46 officers who shall possess all the powers and duties of constables in 47 civil actions and proceedings only, and shall be paid no salary by the 48 town board but shall be entitled to collect the statutory fees allowed 49 by law in such civil actions and proceedings. The clerk of the court of 50 a town shall be employed and discharged from employment only upon the 51 advice and consent of the town justice or justices. 52 § 90. Section 25-a of the town law, as amended by section 171 of 53 subpart B of part C of chapter 62 of the laws of 2011, is amended to 54 read as follows: 55 § 25-a. Fingerprints of persons before appointment as town [policemen] 56 police officers, or as constables possessing powers in criminal matters.S. 6542--B 49 1 No person shall be appointed or reappointed a member of the police 2 department, or a special [policeman] police officer, or a constable not 3 limited to powers and duties in civil actions and proceedings only, in 4 any town, who shall not previously, for the purposes of this section, 5 have submitted fingerprints in the form and manner prescribed by the 6 division of criminal justice services to the town board or other board 7 or officer of the town empowered by law to make such appointment or 8 reappointment, and it shall be the duty of such board or officer, before 9 making such appointment or reappointment, to compare or cause to be 10 compared such fingerprints with fingerprints filed with the division of 11 criminal justice services; provided, however, that in any case where the 12 fingerprints of any such person shall once have been submitted pursuant 13 to this section and are on file with the board empowered to make the 14 appointment or reappointment, no new submission thereof shall be 15 required, nor shall such board be required to make or cause to be made 16 such comparison if such comparison shall have been made previously 17 pursuant to this section and certification thereof by such department is 18 on file with such board. 19 § 91. Subdivisions 1 and 3 of section 27 of the town law, subdivision 20 1 as amended by chapter 1097 of the laws of 1971, and subdivision 3 as 21 added by chapter 85 of the laws of 1942, are amended to read as follows: 22 1. The town board of each town shall fix, from time to time, the sala- 23 ries of all officers and employees of said town, whether elected or 24 appointed, and determine when the same shall be payable. The town board 25 shall not fix the salaries of the members of the town board, an elected 26 town clerk or an elected town superintendent of highways at an amount in 27 excess of the amounts respectively specified in the notice of hearing on 28 the preliminary budget published pursuant to section one hundred eight 29 of this chapter. However, the annual salary of any such elected officer 30 may be increased, for not more than one fiscal year, in excess of the 31 amount specified in the notice of hearing on the preliminary budget 32 local law adopted pursuant to the municipal home rule law. Salaries 33 shall be in lieu of all fees, charges or compensation for all services 34 rendered to the town or any district or subdivision thereof, pursuant to 35 law, except that the supervisor shall not be required to account for and 36 pay over such fees, salary or other compensation that he or she may 37 receive or be entitled to from the county in which he or she is elected, 38 for services rendered by him or her as a member of the board of supervi- 39 sors. No town officer or employee shall retain any fees or moneys 40 received by him or her in connection with his or her office but such 41 fees or money shall be the property of the town and be paid to the 42 supervisor not later than the fifteenth day of each month following the 43 receipt thereof, excepting such fees and moneys the application and 44 payment of which are otherwise provided for by law. Every officer or 45 employee, except a town justice, is hereby required to submit monthly to 46 the supervisor a verified statement of all moneys received by him or her 47 and to pay such moneys to the supervisor who shall deliver his or her 48 receipt therefor. Unless such verified statement and payment be made, 49 such officer or employee shall not be paid any further portion of his or 50 her salary until a report be submitted of any moneys paid as herein 51 provided. The said provisions shall not affect a receiver of taxes and 52 assessments who deposits the money collected directly to the credit of 53 the supervisor and whose monthly report is equivalent to a receipt from 54 the supervisor. Provisions of this subdivision shall not preclude the 55 town from hiring laborers, clerical assistants and stenographers, and 56 compensating them upon the hourly or daily basis. Notwithstanding anyS. 6542--B 50 1 provision of the penal law, the civil practice law and rules, the crimi- 2 nal procedure law, the uniform justice court act, or any other general, 3 special or local law, no [policeman] police officer, special [police-4man,] police officer or constable of any such town shall retain for his 5 or her own use fees, per diem or other compensation received by him or 6 her from the state, the county, or any other municipality, or a private 7 corporation or a person, in or for the performance of the duties of his 8 or her office, whether such duties be of an administrative, legislative, 9 judicial or other nature, but all such fees and moneys so received by 10 him or her shall be the property of the town of which he or she is an 11 officer and be paid to the supervisor not later than the fifteenth day 12 of each month following the receipt thereof. No town justice of any town 13 shall retain for his or her own use fees, per diem or other compensation 14 received by him or her from the state, the county, or any other munici- 15 pality or a private corporation or a person, in or for the performance 16 of the duties of his or her office, whether such duties be of an admin- 17 istrative, legislative, judicial, or other nature, but all such fees and 18 moneys so received shall, unless otherwise provided by law, be the prop- 19 erty of the town of which he or she is an officer and shall be paid by 20 such justice to the state comptroller within the first ten days of the 21 month following collection. Each such payment shall be accompanied by a 22 true and complete report in such form and detail as the comptroller 23 shall prescribe. In the event that a justice shall not receive any such 24 fees and moneys during any month he or she shall report this fact to the 25 state comptroller within the first ten days of the succeeding month. 26 Upon receipt of notice from the state comptroller that a justice has not 27 properly reported or properly accounted for any moneys received by such 28 justice, it shall be unlawful for the town to make any further payment 29 of compensation to such justice until receipt of a notice from the comp- 30 troller that a proper accounting has been made. In all towns the sala- 31 ries of all town justices shall be equal except that the town board may 32 determine by a majority vote to pay salaries in different amounts. Fees 33 payable by virtue of the civil practice law and rules and section 34 sixty-eight-a of the public officers law, for taking oaths and acknowl- 35 edgment, shall not be deemed to be fees within the meaning of this 36 section, but may be retained, or the payment thereof waived, by the 37 officer taking the same. 38 3. Notwithstanding the provisions of subdivision one of this section, 39 the town board of any town which shall not have established a police 40 department, may adopt a resolution determining that the police officers 41 of such town, including special [policemen] police officers and consta- 42 bles, shall be compensated by annual salary or by the week, day or hour 43 for services actually and necessarily performed by them in all matters 44 other than civil actions and proceedings, and that such police officers 45 shall be entitled to collect and retain for their own use, the fees, 46 mileage, poundage and other compensation allowed by law for services in 47 civil actions and proceedings. 48 § 92. Section 39 of the town law is amended to read as follows: 49 § 39. Powers and duties of constables and town [policemen] police 50 officers. Constables and town [policemen] police officers shall have all 51 the power and authority conferred upon constables by the general laws of 52 the state and such additional powers, not inconsistent with law, as 53 shall be conferred upon them by the town board. They shall be subject to 54 the general authority and direction of the town board and to such orders 55 and regulations as the town board may prescribe, not inconsistent with 56 law.S. 6542--B 51 1 § 93. Section 139 of the town law, as added by chapter 470 of the laws 2 of 1966, is amended to read as follows: 3 § 139. Agreements with fire districts. If in the judgment of the town 4 board it is advisable for the safety and welfare of the inhabitants of a 5 fire district in the town that the issuance of a town fire permit to 6 burn grass, leaves, brush, rubbish, refuse, buildings or other materials 7 in a fire district should be issued, and preliminary investigations in 8 relation thereto should be made, by a person or persons most familiar 9 with local grass and brush fire hazard conditions in the fire district 10 and the availability of fire-fighting vehicles and [firemen] firefight- 11 ers, then the town board, notwithstanding the provisions of section one 12 hundred thirty-eight of this chapter, may provide in any fire prevention 13 code, whether adopted by local law or by ordinance, that an agreement 14 may be entered into with the board of fire commissioners of any fire 15 district located wholly or partly in the town that the issuance of such 16 permits, and preliminary investigations in relation thereto, on behalf 17 of the town will be performed by the fire district within the limits of 18 such district in such town, the fire district to utilize the services of 19 the chief engineer and assistant engineers of the fire district fire 20 department in the performance of such duties agreed to be performed by 21 the fire district. Any such agreement shall be for such period of time 22 and on such terms as may be agreed upon, except that it shall provide 23 (1) that it may be terminated by the town after written notice to the 24 fire district and after a change in such fire prevention code to provide 25 a different procedure for issuing such permits will become effective and 26 (2) that it may be terminated by the fire district upon sixty days writ- 27 ten notice to the town. If any fire prevention code contains such a 28 provision authorizing such an agreement, the town board of the town and 29 the board of fire commissioners of any fire district located wholly or 30 partly in the town shall have power to enter into such agreement. 31 § 94. Subdivision 1 of section 150 of the town law, as amended by 32 chapter 843 of the laws of 1980, is amended to read as follows: 33 1. The town board of any town may establish a police department and 34 appoint a chief of police and such officers [and patrolmen] as may be 35 needed and fix their compensation. The compensation of such [policemen] 36 police officers shall be a town charge; providing however, no assessment 37 on property in any village within any town or partially within any town 38 shall be made for the maintenance or operation of a town police depart- 39 ment established after January first, nineteen hundred sixty, pursuant 40 to this section if any such village maintains a police department of 41 four or more [policemen] police officers on an annual full-time basis, 42 established and maintained under the rules of civil service. The town 43 board may, at its option, determine that the town shall pay all or part 44 of the cost of the uniforms and necessary equipment of its [policemen] 45 police officers, and may purchase such equipment for use by the police 46 department as it shall deem necessary, including police patrol vehicles, 47 and emergency service vehicles for police use in connection with acci- 48 dents, public calamities or other emergencies. No assessment on property 49 in any village within any town in the county of Suffolk or in any 50 village within the town of Fallsburgh shall be made for the maintenance 51 or operation of such town police department, if any such village main- 52 tains a police department of two or more [policemen] police officers on 53 an annual basis. In the event that a town has established a police 54 department prior to January first, nineteen hundred sixty, the town 55 board of such town may enter into an agreement with any village within 56 it or partially within it which maintains a police department of four orS. 6542--B 52 1 more [policemen] police officers on an annual full-time basis, estab- 2 lished and maintained under the rules of civil service and determine 3 therein what part of the cost thereof shall be assessed against the 4 property in the village and what part thereof shall be assessed against 5 the property in the town outside of the village. Thereafter such 6 portion of the cost thereof determined to be assessed outside of the 7 village shall be a charge against that part of the town outside of the 8 village and assessed, levied and collected from the taxable property of 9 that part of the town outside of the village. When appointed, such 10 [policemen shall be] police officers [and] shall have all the powers and 11 be subject to all the duties and liabilities of a police officer in all 12 criminal actions and proceedings and special proceedings of a criminal 13 nature. 14 § 95. Section 157 of the town law is amended to read as follows: 15 § 157. Absentee leave. Every member of such police department shall be 16 entitled, in addition to any vacation or absentee leave now prescribed 17 by law, to one day of rest in seven. The chief or acting chief of the 18 police department shall keep a time book showing the name and shield 19 number of each member of the department and the hours worked by each of 20 such [policemen] police officers in each day. The town board may make a 21 variation from the above prescribed hours of vacation, provided the 22 member shall receive during each year the actual number of days absentee 23 leave to which he or she is entitled. The town board, at its option, 24 may, in addition to the days of rest hereinbefore provided, grant an 25 annual vacation with pay. Whenever the town board shall designate any 26 [policeman] police officer to attend police school, such attendance 27 shall be deemed in the course of duty and when so attending he or she 28 shall receive his or her usual pay and reimbursement for actual and 29 necessary expenses. Sick leave with full pay may be granted whenever 30 such sickness or disability has been incurred without the delinquency of 31 the [policeman] police officer. 32 § 96. Section 158 of the town law, as amended by chapter 584 of the 33 laws of 1939, subdivision 1 as amended by chapter 308 of the laws of 34 1966, and subdivision 2 as amended by chapter 601 of the laws of 1941, 35 is amended to read as follows: 36 § 158. Special [policemen] police officers. 1. The town board of any 37 town of the first class and the town board of any town of the second 38 class which shall have a population of five thousand or more as shown by 39 the latest federal census, whether there be a police department in and 40 for such town or not, may employ temporary police officers from time to 41 time as the town board may determine their services necessary. Such 42 police officers shall be known as "special [policemen] police officers" 43 and shall have all the power and authority conferred upon constables by 44 the general laws of the state and such additional powers, not inconsist- 45 ent with law, as shall be conferred upon them by the town board. They 46 shall be subject to the general authority and direction of the town 47 board and to such orders and regulations as the town board may 48 prescribe, not inconsistent with law. Such special [policemen] police 49 officers shall serve at the pleasure of the town board and the town 50 board shall fix their compensation and may purchase uniforms and equip- 51 ment therefor but no such special [policemen] police officers shall be 52 appointed nor any expense incurred by reason thereof unless said town 53 board shall have provided therefor in its annual budget, previously 54 adopted, and no expenditure shall be made in excess of the budget appro- 55 priation therefor. Such special police shall be appointed in accordance 56 with the civil service law and rules. Provided, however, and notwith-S. 6542--B 53 1 standing the foregoing provisions of this section, the town board of any 2 such town may, when in their judgment necessary for the preservation of 3 the public peace during any emergency period of sixty days or less, 4 appoint and at pleasure remove within such period additional special 5 [policemen] police officers not exceeding five in number, without exam- 6 ination, and fix their compensation which shall be a town charge and be 7 paid from moneys available for expenditure for general town purposes. 8 2. The town board of a town of the second class which shall have a 9 population of less than five thousand as shown by the latest federal 10 census, may adopt a resolution, subject to a permissive referendum, 11 determining to employ one or more temporary police officers, provided 12 that such town has a population of one thousand or more according to the 13 latest federal census or that such town adjoins a city. Towns having a 14 population in excess of one thousand may employ one additional temporary 15 police officer for each one thousand population in excess of the first 16 one thousand but the total number of police officers so employed shall 17 not exceed five. Such police officers shall be known as "special 18 [policemen] police officers" and shall have all the power and authority 19 conferred upon constables by the general laws of the state and such 20 additional powers, not inconsistent with law, as shall be conferred upon 21 them by the town board. They shall be subject to the general authority 22 and direction of the town board and to such orders and regulations as 23 the town board may prescribe, not inconsistent with law. Such special 24 [policemen] police officers shall serve at the pleasure of the town 25 board and the town board shall fix their compensation and may purchase 26 uniforms and equipment therefor. The compensation of such officer or 27 officers, and the expense of the uniforms and equipment therefor if 28 purchased by the town board, shall be a town charge and the amount ther- 29 eof shall be assessed and levied upon the taxable property of the town 30 and collected in the same manner as other town charges are assessed, 31 levied and collected. 32 Notwithstanding such limitations upon their number, any such town may 33 employ not more than five temporary police officers for a period of not 34 to exceed three days in any calendar week. 35 § 97. Subdivisions 4-a and 14, paragraphs 4, 5, 7, and 8 and the 36 eighth undesignated paragraph of subdivision 18, subdivision 18-a, para- 37 graph (a) of subdivision 22, and subdivision 33 of section 176 of the 38 town law, subdivision 4-a as amended by chapter 550 of the laws of 1983, 39 subdivision 14 as amended by chapter 645 of the laws of 1935, paragraphs 40 4, 5 and 7 of subdivision 18 as amended by chapter 28 of the laws of 41 1969, paragraph 8 of subdivision 18 as amended by chapter 805 of the 42 laws of 1984, the eighth undesignated paragraph of subdivision 18 as 43 added by chapter 109 of the laws of 1978, subdivision 18-a as amended by 44 chapter 831 of the laws of 1980, paragraph (a) of subdivision 22 as 45 amended by chapter 294 of the laws of 2017, and subdivision 33 as added 46 by chapter 571 of the laws of 1983, are amended to read as follows: 47 4-a. Shall audit all claims against the fire district and shall, by 48 resolution, order the payment thereof by the fire district treasurer in 49 the amounts allowed. Except as otherwise provided by this subdivision, 50 no such claim shall be audited or ordered paid by the board of fire 51 commissioners unless an itemized voucher therefor, in such form as the 52 board of fire commissioners shall prescribe, shall have been presented 53 to the board of fire commissioners for audit and allowance. The board of 54 fire commissioners may provide by resolution that no such claims may be 55 presented, audited or paid unless they be either verified under oath, 56 or, in lieu of such verification, certified, to be true and correct in aS. 6542--B 54 1 statement signed by or on behalf of the claimant. The provisions of this 2 subdivision shall not be applicable to claims for the payment of fixed 3 salaries, compensation for services of officers or employees regularly 4 engaged by the fire district at agreed wages by the hour, day, week, 5 month or year unless so required by resolution of the board of fire 6 commissioners adopted at the organization meeting in the month of Janu- 7 ary, the principal of or interest on obligations issued by the fire 8 district, fixed amounts becoming due on lawful contracts for the 9 purchase of water for fire protection, and amounts which the fire 10 district may be required to pay to the state employees' retirement 11 system on account of contributions for past and current services of 12 [firemen] firefighters. The board of fire commissioners may, further, 13 by resolution authorize the payment in advance of audit of claims for 14 light, telephone, postage, freight and express charges. All such claims 15 shall be presented at the next regular meeting for audit, and the claim- 16 ant and the officer incurring or approving the same shall be jointly and 17 severally liable for any amount disallowed by the board of fire commis- 18 sioners. 19 14. For the preservation, protection and storing of fire apparatus and 20 equipment and for the social and recreational use of the [firemen] fire- 21 fighters and residents of the district and for any of the purposes 22 authorized by law, may acquire by purchase, lease, gift, devise or by 23 condemnation, real property and erect, construct, alter, repair and 24 equip suitable buildings, and may furnish necessary supplies for such 25 purposes, and may lease portions thereof not required for fire district 26 purposes. All real property required by any fire district for any 27 purpose authorized by this article shall be deemed to be required for 28 public use and may be acquired by such fire district. 29 (4) the compensation of paid fire district officers, fire department 30 officers, [firemen] firefighters and other paid personnel of the fire 31 department, 32 (5) contributions to the New York state employees' retirement system 33 and the New York state [policemen's] and local police and [firemen's] 34 fire retirement system on account of past and current services of paid 35 fire district officers and employees, including the paid officers, 36 [firemen] firefighters and other personnel of the fire department, 37 (7) the cost of insurance secured to indemnify the fire district 38 against liability for benefits or compensation required to be paid or 39 furnished under or pursuant to the volunteer [firemen's] firefighters' 40 benefit law and [workmen's] workers' compensation law, or for the 41 payment of the benefits or compensation required to be paid or furnished 42 under or pursuant to such laws by a fire district which is a self-insur- 43 er under such laws, to the extent that such benefits and compensation 44 have not been recovered in such fiscal year under section twenty of the 45 volunteer [firemen's] firefighters' benefit law or section twenty-nine 46 of the [workmen's] workers' compensation law, 47 (8) the cost of blanket accident insurance purchased under the 48 provisions of section four thousand two hundred thirty-seven of the 49 insurance law to insure volunteer [firemen] firefighters against injury 50 or death resulting from bodily injuries sustained by such [firemen] 51 firefighters in the performance of their duties, 52 The foregoing limitation on expenditures shall not be applicable to 53 contributions to the state's unemployment insurance fund on account of 54 salaries paid to fire district officers and employees, including the 55 paid officers, [firemen] firefighters and other personnel of the fire 56 department.S. 6542--B 55 1 18-a. May employ such persons as may be necessary to effectuate the 2 objects and purposes of the district. Persons may be employed as paid 3 [firemen] firefighters, however, only after a public hearing in relation 4 to such employment. Any such hearing shall be held by the board of fire 5 commissioners and the notice of the hearing shall state the time when 6 and place in the district where the hearing will be held, the number of 7 paid [firemen] firefighters to be employed and the total annual amount 8 to be spent for the salaries or other compensation of such [firemen] 9 firefighters. The notice shall be published in the official newspaper of 10 the district at least once not more than twenty nor less than ten days 11 before the hearing. 12 (a) May contract for the furnishing of fire protection within the fire 13 district with any city, village, fire district, or incorporated fire 14 company having its headquarters outside such fire district and maintain- 15 ing adequate and suitable apparatus and appliances for the furnishing of 16 fire protection in such district; provided there is no fire company 17 maintaining its headquarters in said district or provided the fire 18 department of said district is, in the judgment of such fire commission- 19 ers, unable to render adequate and prompt fire protection to such 20 district or any area thereof. The contract also may provide for the 21 furnishing of (i) emergency service in case of accidents, calamities or 22 other emergencies in connection with which the services of [firemen] 23 firefighters would be required and (ii) general ambulance service 24 subject, however, to the provisions of section two hundred nine-b of the 25 general municipal law. In the event that the fire department or fire 26 company furnishing fire protection within the district pursuant to 27 contract does not maintain and operate an ambulance and provision has 28 not otherwise been made for ambulance service for the area of the 29 district pursuant to section one hundred twenty two-b of the general 30 municipal law then a separate contract may be made for the furnishing 31 within the district of emergency ambulance service or general ambulance 32 service, or both, with any city, village or fire district the fire 33 department of which, or with an incorporated fire company having its 34 headquarters outside the district which, maintains and operates an ambu- 35 lance subject, however, in the case of general ambulance service, to the 36 provisions of section two hundred nine-b of the general municipal law. 37 33. May authorize the use of fire equipment and apparatus belonging to 38 the fire district for the purpose of participation in the funeral of a 39 deceased member or former member of a fire department or fire company 40 within the district including the transportation of the body of the 41 deceased [fireman] firefighter. 42 § 98. Subdivision 2 of section 176-a of the town law, as amended by 43 chapter 511 of the laws of 1974, is amended to read as follows: 44 2. If an agreement in relation to the issuance of fire permits is 45 entered into between the town board and the board of fire commissioners 46 pursuant to section one hundred thirty-nine and subdivision twenty-four 47 of section one hundred seventy-six of this chapter, the duties performed 48 for the fire district by the chief, or an assistant chief, of the fire 49 district fire department in relation to the issuance of the fire permit, 50 or any preliminary investigation in connection therewith shall, in the 51 case of any such officer who is a volunteer [fireman] firefighter, be 52 deemed to have been performed by him or her in his or her capacity as 53 such and to be a duty within the meaning of paragraph c of subdivision 54 one of section five of the volunteer [firemen's] firefighters' benefit 55 law and shall, in the case of any such officer who is a paid [fireman] 56 firefighter, be deemed to have been performed by him or her in his orS. 6542--B 56 1 her capacity as such and to be a duty within the meaning of section two 2 hundred seven-a of the general municipal law and other laws applicable 3 in the event of injuries to or death of paid [firemen] firefighters in 4 line of duty. A chief or an assistant chief who is a volunteer [fireman] 5 firefighter shall not receive any remuneration for his or her services 6 in relation to the issuance of such permits and any investigation in 7 relation thereto, and any such officer who is a paid [fireman] fire- 8 fighter shall not receive any additional remuneration above his or her 9 regular salary for any such service. Any such officer shall, however, be 10 entitled to his or her actual and necessary travel expenses or mileage 11 in connection with such services as provided in section one hundred 12 seventy-eight-c of this [chapter] article. 13 § 99. Subdivisions 5, 6, and 9, paragraph 3 of subdivision 13, and 14 paragraph (a) of subdivision 15 of section 176-b of the town law, subdi- 15 vision 5 as amended by chapter 273 of the laws of 1973, subdivision 6 as 16 amended by chapter 213 of the laws of 1971, subdivision 9 as amended by 17 chapter 351 of the laws of 2000, paragraph 3 of subdivision 13 as added 18 by chapter 12 of the laws of 1955, and paragraph (a) of subdivision 15 19 as amended by chapter 215 of the laws of 1978, are amended to read as 20 follows: 21 5. Any fire company may authorize the continued membership of any 22 volunteer member where such member notifies the secretary of his or her 23 fire company (a) that he or she plans to change his or her residence to 24 territory which is not in the fire district and is not protected by the 25 fire department of the district, or any fire company thereof, pursuant 26 to a contract for fire protection, and (b) that by reason of his or her 27 residence in the vicinity or his or her usual occupation he or she will 28 be available to render active service as a volunteer [fireman] fire- 29 fighter in the fire district or in territory outside the fire district 30 which is afforded fire protection pursuant to a contract for fire 31 protection by the fire department of the fire district, or a fire compa- 32 ny thereof. Such authorization shall be pursuant to the by-laws, if any, 33 of the fire company of which he or she is a member, otherwise by a 34 three-fourths vote of the members of such fire company present and 35 voting at a regular or special meeting thereof. Such authorization shall 36 not become effective unless approved by resolution of the board of fire 37 commissioners. Such authorization shall be deemed to have been approved 38 pursuant to this subdivision in the event that no action is taken by the 39 board of fire commissioners, either approving or disapproving, within 40 forty days after service of written notice of such authorization shall 41 have been made by the secretary of the fire company upon the secretary 42 of the board of fire commissioners, either personally or by mail. Any 43 membership continued pursuant to the provisions of this subdivision 44 shall terminate when the member cannot meet either the requirements of 45 this subdivision or the residence requirements of subdivision three of 46 this section. In the case of a fire district which adjoins another 47 state, the term "vicinity", as used in this subdivision, includes terri- 48 tory in this state and territory in the adjoining state. 49 6. A person who cannot meet the residence requirements of subdivision 50 three of this section may be elected to membership as a volunteer member 51 of any fire company of the fire department if by reason of his or her 52 residence in the vicinity or his or her usual occupation he or her will 53 be available to render active service as a volunteer [fireman] fire- 54 fighter in the fire district or in territory which is afforded fire 55 protection pursuant to a contract for fire protection by the fire 56 department of the fire district, or a fire company thereof. SuchS. 6542--B 57 1 election shall be pursuant to the by-laws, if any, of the fire company; 2 otherwise by a three-fourths vote of the members of the fire company 3 present and voting at a regular or special meeting thereof. The member- 4 ship of any person so elected shall not become effective unless approved 5 by resolution of the board of fire commissioners. Membership shall be 6 deemed to have been approved pursuant to this subdivision in the event 7 that no action is taken by the board of fire commissioners, either 8 approving or disapproving within seventy days after service of written 9 notice of election to membership shall have been made by the secretary 10 of the fire company upon the secretary of the board of fire commission- 11 ers, either personally or by mail. The membership of any volunteer 12 member elected pursuant to the provisions of this subdivision shall 13 terminate when the member cannot meet either the requirements of this 14 subdivision or the residence requirements of subdivision three of this 15 section. In the case of a fire district which adjoins another state, 16 the term "vicinity", as used in this subdivision, includes territory in 17 this state and territory in the adjoining state. 18 9. Residents of outside territory which is protected pursuant to a 19 contract for fire protection who have been elected to volunteer member- 20 ship, and non-residents whose volunteer memberships have been continued 21 or authorized pursuant to subdivision five or six of this section may be 22 elected or appointed to any office in the fire company or fire depart- 23 ment and, shall have all the powers, duties, immunities, and privileges 24 of resident volunteer members, except a non-resident of this state whose 25 membership has been continued pursuant to subdivision five of this 26 section, or a non-resident of this state who was elected to membership 27 pursuant to subdivision six of this section, shall not be considered to 28 be performing any firemanic duty, or to be engaged in any firemanic 29 activity, as a member of the fire company while he or she is outside of 30 this state unless and until he or she has first reported to the officer 31 or [fireman] firefighter in command of his or her fire department, or 32 any company, squad or other unit thereof, engaged or to be engaged in 33 rendering service outside this state, or has received orders or authori- 34 zation from an officer of the fire department or fire company to partic- 35 ipate in or attend authorized activities outside of this state in the 36 same manner as resident members of the fire company. 37 (3) who was, at the time of his or her election to membership, a resi- 38 dent of the fire district or of territory outside the fire district 39 which was afforded fire protection by the fire department of the fire 40 district, or any fire company thereof, pursuant to a contract for fire 41 protection, shall for all purposes in law be considered to have been 42 duly elected and appointed to membership in such fire company as of the 43 date of such appointment, if any, and, if none, then as of the date of 44 such election; notwithstanding that there may have been some legal 45 defect in such election, or the proceedings precedent thereto, or a 46 failure of the board of fire commissioners to appoint such member, as 47 provided by the law in force at the time of such election, and the 48 status of such person as a volunteer [fireman] firefighter as of the 49 date of such appointment or election is hereby legalized, validated, and 50 confirmed. This subdivision shall not apply to a person, if any, whose 51 volunteer membership in a fire company was declared invalid by a court 52 of competent jurisdiction prior to the first day of January, nineteen 53 hundred fifty-five. 54 (a) It shall be an unlawful discriminatory practice for any volunteer 55 fire department or fire company, through any member or members thereof, 56 officers, board of fire commissioners or other body or office havingS. 6542--B 58 1 power of appointment of volunteer [firemen] firefighters in any fire 2 department or fire company pursuant to this section, because of the 3 race, creed, color, national origin, sex or marital status of any indi- 4 vidual, to exclude or to expel from its volunteer membership such indi- 5 vidual, or to discriminate against any of its members because of the 6 race, creed, color, national origin, sex or marital status of such 7 volunteer members. 8 § 100. Section 176-d of the town law, as added by chapter 838 of the 9 laws of 1975, is amended to read as follows: 10 § 176-d. Funding of fire districts. Notwithstanding any other 11 provision of law to the contrary, a fire district may include as part of 12 its budget an appropriation to fund an annual [fireman's] firefighters' 13 inspection-dinner for each fire company within the fire district. 14 § 101. The opening paragraph of section 177 of the town law, as 15 amended by chapter 23 of the laws of 2010, is amended to read as 16 follows: 17 The fire district treasurer shall be the fiscal officer of the fire 18 district and shall receive and have the custody of the funds of the 19 district and shall disburse the same for the purposes herein authorized 20 when so ordered by resolution of the board of fire commissioners, except 21 that no such resolution of the board of fire commissioners shall be 22 required for the payment of fixed salaries, compensation for services of 23 officers or employees regularly engaged by the fire district at agreed 24 wages by the hour, day, week, month or year unless so required by resol- 25 ution of the board of fire commissioners adopted at the organization 26 meeting in the month of January, the principal of or interest on obli- 27 gations issued by the fire district, fixed amounts becoming due on 28 lawful contracts for the purchase of water for fire protection, and 29 amounts which the fire district may be required to pay to the state and 30 local employees' retirement system on account of contributions for past 31 and current services of [firemen] firefighters. All such disbursements 32 shall be made by check payable to the order of the person or persons 33 entitled thereto. The fire district treasurer shall also be responsible 34 for filing any paperwork necessary to obtain permits or secure any 35 refunds provided pursuant to section three hundred seventy-eight-a of 36 the public authorities law. The board of fire commissioners shall desig- 37 nate in the manner provided by section ten of the general municipal law 38 the depositaries in which the fire district treasurer shall, within ten 39 days, deposit and secure all moneys coming into his or her hands by 40 virtue of his or her office. 41 § 102. Paragraph (c) of subdivision 1 of section 179 of the town law, 42 as amended by chapter 565 of the laws of 1949, is amended to read as 43 follows: 44 (c) To lease, purchase, construct, reconstruct, alter, repair or equip 45 suitable buildings for the preservation, protection and storing of vehi- 46 cles, apparatus and equipment of the fire district and for the social 47 and recreational use of the [firemen] firefighters and residents of the 48 district, and purchase the necessary lands therefor. 49 § 103. The closing paragraph of section 189 of the town law, as 50 amended by chapter 694 of the laws of 1959, is amended to read as 51 follows: 52 The failure of any such officer or member to discover and properly 53 report any such fire hazards or his or her neglect or omission to 54 perform such duties shall not subject him or her, his or her fire 55 department, fire company, or the city, village, fire district or town in 56 which or of which he or she is a [fireman] firefighter to any civil orS. 6542--B 59 1 other liability. Any such fire officer or member shall not be liable 2 civilly for any act or acts done by him or her as a [fireman] firefight- 3 er in the performance of such duties, except for wilful negligence or 4 malfeasance, but the provisions of this section shall not relieve any 5 such city, village, fire district, town, or fire company from liability, 6 if any, for the negligent or wrongful acts of the officer or member in 7 the actual performance of such duty. 8 § 104. Subdivision 9 of section 224 of the county law, as amended by 9 chapter 297 of the laws of 1952, is amended to read as follows: 10 (9) Fire training schools for training [firemen] firefighters, includ- 11 ing the power to pay to a city within or without the county for services 12 in the training of [firemen] firefighters of such county. 13 § 105. Paragraph (g) of subdivision 1 of section 225 of the county 14 law, as amended by chapter 297 of the laws of 1952, is amended to read 15 as follows: 16 (g) Establishment and maintenance of fire training schools for train- 17 ing [firemen] firefighters. 18 § 106. Subdivisions 1, 2 and 3 of section 225-a of the county law, 19 subdivisions 1 and 2 as amended by section 42 of part B of chapter 56 of 20 the laws of 2010, and subdivision 3 as amended by chapter 53 of the laws 21 of 1957, are amended to read as follows: 22 1. In order to develop and maintain programs for fire training, fire 23 service-related activities and mutual aid in cases of fire and other 24 emergencies in which the services of [firemen] firefighters would be 25 used and to cooperate with the office of fire prevention and control in 26 furthering such programs, the board of supervisors of any county may 27 create a county fire advisory board and may establish the office of 28 county fire coordinator. 29 2. A county fire advisory board shall consist of not less than five 30 nor more than twenty-one members, each of whom shall be appointed by the 31 board of supervisors for a term of not to exceed one year, two years or 32 three years. Such terms of office need not be the same for all members. 33 It shall be the duty of such board to cooperate with the office of fire 34 prevention and control in relation to such programs for fire training, 35 fire service-related activities and mutual aid; to act as an advisory 36 body to the board of supervisors and to the county fire coordinator, if 37 any, in connection with the county participation in such programs for 38 fire training, fire service-related activities and mutual aid and in 39 connection with the county establishment and maintenance of a county 40 fire training school and mutual aid programs in cases of fire and other 41 emergencies in which the services of [firemen] firefighters would be 42 used; to perform such other duties as the board of supervisors may 43 prescribe in relation to fire training, fire service-related activities 44 and mutual aid in cases of fire and other emergencies in which the 45 services of [firemen] firefighters would be used. The members of such 46 board shall be county officers, and shall serve without compensation. 47 3. If the office of county fire coordinator is created in any county, 48 the board of supervisors thereof shall appoint a county fire coordina- 49 tor. It shall be his or her duty to administer the county programs for 50 fire training and mutual aid in cases of fire and other emergencies in 51 which the services of [firemen] firefighters would be used; to act as a 52 liaison officer between the board of supervisors and the county fire 53 advisory board and the fire fighting forces in the county and the offi- 54 cers and governing boards or bodies thereof; and to perform such other 55 duties as the board of supervisors shall prescribe. The county fireS. 6542--B 60 1 coordinator shall be a county officer and the amount of his or her 2 compensation, if any, shall be fixed by the board of supervisors. 3 § 107. The second undesignated paragraph of subdivision 4 of section 4 243 of the military law, as separately amended by chapters 684 and 1197 5 of the laws of 1971, is amended to read as follows: 6 Time during which a member is absent on military duty shall not 7 constitute an interruption of continuous employment, but such time shall 8 not be counted or included in determining the length of total service 9 unless such member contributes to the retirement system the amount he or 10 she would have been required to contribute if he or she had been contin- 11 uously employed during such period. Such contribution, or any part ther- 12 eof, may be paid at any time and from time to time, while in military 13 duty, or within five years after the date of his or her restoration to 14 his or her position or before December thirty-first, nineteen hundred 15 sixty-two, whichever date is later, or in the event of the death of the 16 member while in military duty such contribution, or any part thereof, 17 may be paid by the named beneficiary or the legal representative of the 18 member's estate within one year following proof of such death. A member 19 of the New York state employees' retirement system or of the New York 20 state [policemen's] and local police and [firemen's] fire retirement 21 system, other than a member of the state police in a collective negoti- 22 ating unit established pursuant to article fourteen of the civil service 23 law, who is in the employ of the state on March thirty-first, nineteen 24 hundred seventy, who failed to make such contributions during the 25 prescribed period of time may nonetheless obtain credit for time during 26 which he or she was on military duty by depositing with such retirement 27 system an amount equal to the contribution he or she would have made had 28 he or she made a timely election, with regular interest, on or before 29 March thirty-first, nineteen hundred seventy-two, provided, however, 30 such member may elect to deposit such amount over a period of time no 31 greater than the period for which credit is being claimed, in which case 32 such payments must commence no later than March thirty-first, nineteen 33 hundred seventy-two. If the full amount of such payments is not paid to 34 the retirement system, the amount of service credited shall be propor- 35 tional to the total amount of the payments made. A member of the New 36 York state [policemen's] and local police and [firemen's] fire retire- 37 ment system who is a member of the state police in a collective negoti- 38 ating unit established pursuant to article fourteen of the civil service 39 law, who is in the employ of the state on March thirty-first, nineteen 40 hundred seventy-one, who failed to make such contributions during the 41 prescribed period of time may nonetheless obtain credit for time during 42 which he or she was on military duty by depositing with such retirement 43 system an amount equal to the contribution he or she would have made had 44 he or she made a timely election, with regular interest, on or before 45 March thirty-first, nineteen hundred seventy-two, provided, however, 46 such member may elect to deposit such amount over a period of time no 47 greater than the period for which credit is being claimed, in which case 48 such payments must commence no later than March thirty-first, nineteen 49 hundred seventy-two. If the full amount of such payments is not paid to 50 the retirement system, the amount of service credited shall be propor- 51 tional to the total amount of the payments made. 52 § 108. Subparagraph a of paragraph 9 of subdivision 3 of section 4-412 53 of the village law, as added by chapter 976 of the laws of 1973, is 54 amended to read as follows: 55 a. May contract for the furnishing of fire protection within the 56 village with the fire department in the village or with any city,S. 6542--B 61 1 village, fire district, or incorporated fire company having its head- 2 quarters outside such village and maintaining adequate and suitable 3 apparatus and appliances for the furnishing of fire protection in such 4 village. The contract also may provide for the furnishing of emergency 5 service in case of accidents, calamities or other emergencies in 6 connection with which the services of [firemen] firefighters would be 7 required, as well as in case of alarms of fire. The contract also may 8 provide for the furnishing of general ambulance service subject, howev- 9 er, to the provisions of section two hundred nine-b of the general 10 municipal law. In the event that the fire department or fire company 11 furnishing fire protection within the village pursuant to contract does 12 not maintain and operate an ambulance then a separate contract may be 13 made for the furnishing within the village of emergency ambulance 14 service or general ambulance service, or both, with any city, village or 15 fire district the fire department of which, or with an incorporated fire 16 company having its headquarters outside the village which, maintains and 17 operates an ambulance subject, however, in the case of general ambulance 18 service, to the provisions of section two hundred nine-b of the general 19 municipal law. 20 § 109. Section 8-802 of the village law is amended to read as follows: 21 § 8-802 Powers and duties of [policemen] police officers. The 22 [policemen] police officers so appointed shall have all the powers and 23 be subject to the duties and liabilities of constables of towns in serv- 24 ing process in any civil action or proceeding. In addition to other 25 powers conferred by law, said [policemen] police officers shall have 26 power to execute any warrant or process issued by a court of the county 27 or counties in which such village is situated. 28 § 110. Subdivisions 8 and 11 of section 10-1000 of the village law, 29 subdivision 11 as added by chapter 838 of the laws of 1975, are amended 30 to read as follows: 31 8. May employ duty or "[call men] persons on call," to serve on a 32 part-time basis when necessary, and fix their duties and compensation. 33 Such part-time paid [firemen] firefighters in the event of injury shall 34 be entitled to the applicable benefits provided for such part-time paid 35 [firemen] firefighters under section two hundred seven-a of the general 36 municipal law and in the event of injury or death shall be entitled to 37 the applicable benefits, if any, provided for such part-time paid [fire-38men] firefighters under the retirement and social security law and the 39 [workmen's] workers' compensation law. Persons who are volunteer members 40 of the village fire department may be employed as such part-time paid 41 [firemen] firefighters, but in the event of injury, death, disease, or 42 infection, resulting from services performed in line of duty as such 43 part-time paid [firemen] firefighters they shall not be entitled to any 44 of the benefits provided for volunteer [firemen] firefighters under the 45 volunteer [firemen's] firefighters' benefit law, or under any policy of 46 blanket accident insurance purchased by the village or purchased by the 47 fire department to cover only volunteer members of such department. 48 11. Notwithstanding any other provisions of law to the contrary, a 49 village may include as part of its budget an appropriation to fund an 50 annual [firemen's] firefighters' inspection-dinner for each fire company 51 within the village. 52 § 111. Subdivisions 5, 6, 7, and 9, paragraph 3 of subdivision 15, 53 paragraph 3 of subdivision 16, and paragraph (a) of subdivision 17 of 54 section 10-1006 of the village law, subdivision 7 as separately amended 55 by chapters 117 and 215 of the laws of 2014, paragraph 3 of subdivision 56 16 as amended by chapter 373 of the laws of 2011, and paragraph (a) ofS. 6542--B 62 1 subdivision 17 as amended by chapter 215 of the laws of 1978, are 2 amended to read as follows: 3 5. Any fire company may authorize the continued membership of any 4 volunteer member where such member notifies the secretary of his or her 5 fire company (a) that he or she plans to change his or her residence to 6 territory which is not in the village and is not protected by the fire 7 department of the village, or any fire company thereof, pursuant to a 8 contract for fire protection, and (b) that by reason of his or her resi- 9 dence in the vicinity or his or her usual occupation he or she will be 10 available to render active service as a volunteer [fireman] firefighter 11 in the village or in territory outside the village which is afforded 12 fire protection pursuant to a contract for fire protection by the fire 13 department of the village, or a fire company thereof. Such authorization 14 shall be pursuant to the by-laws, if any, of the fire company of which 15 he or she is a member, otherwise by a three-fourths vote of the members 16 of such fire company present and voting at a regular or special meeting 17 thereof. Such authorization shall not become effective unless approved 18 by resolution of the board of fire commissioners. Such authorization 19 shall be deemed to have been approved pursuant to this subdivision in 20 the event that no action is taken by the board of fire commissioners, 21 either approving or disapproving, within forty days after service of 22 written notice of such authorization shall have been made by the secre- 23 tary of the fire company upon the village clerk, either personally or by 24 mail. Any membership continued pursuant to the provisions of this subdi- 25 vision shall terminate when the member cannot meet either the require- 26 ments of this subdivision or the residence requirements of subdivision 27 three of this section. In the case of a village which adjoins another 28 state, the term "vicinity", as used in this subdivision, includes terri- 29 tory in this state and territory in the adjoining state. 30 6. A person who cannot meet the residence requirements of subdivision 31 three of this section may be elected to membership as a volunteer member 32 of any fire company of the fire department if by reason of his or her 33 residence in the vicinity or his or her usual occupation he or she will 34 be available to render active service as a volunteer [fireman] fire- 35 fighter in the village or in territory which is afforded fire protection 36 pursuant to a contract for fire protection by the fire department of the 37 village or a fire company thereof. Such election shall be pursuant to 38 the by-laws, if any, of the fire company; otherwise by a three-fourths 39 vote of the members of the fire company present and voting at a regular 40 or special meeting thereof. The membership of any person so elected 41 shall not become effective unless approved by resolution of the board of 42 fire commissioners. Membership shall be deemed to have been approved 43 pursuant to this subdivision in the event that no action is taken by the 44 board of fire commissioners, either approving or disapproving, within 45 seventy days after service of written notice of election to membership 46 shall have been made by the secretary of the fire company upon the 47 village clerk, either personally or by mail. The membership of any 48 volunteer member elected pursuant to the provisions of this subdivision 49 shall terminate when the member cannot meet either the requirements of 50 this subdivision or the residence requirements of subdivision three of 51 this section. In the case of a village which adjoins another state, the 52 term "vicinity", as used in this subdivision, includes territory in this 53 state and territory in the adjoining state. 54 7. The membership of any volunteer [fireman] firefighter shall not be 55 continued pursuant to subdivision five of this section, and persons 56 shall not be elected to membership pursuant to subdivision six of thisS. 6542--B 63 1 section, if, by so doing, the percentage of such non-resident members in 2 the fire company would exceed forty-five per centum of the actual 3 membership of the fire company, provided however, that the provisions of 4 this subdivision shall not apply to the membership of the village of 5 Blasdell volunteer fire department, provided however, that the 6 provisions of this subdivision shall not apply to the membership of the 7 village of Delanson volunteer fire company in the village of Delanson, 8 county of Schenectady. 9 9. Residents of outside territory protected pursuant to a contract for 10 fire protection who have been elected to volunteer membership, and non- 11 residents whose volunteer memberships have been continued or authorized 12 pursuant to subdivision five or six of this section, shall have all the 13 powers, duties, immunities, and privileges of resident volunteer 14 members, except (1) non-residents of the state may not be appointed or 15 elected to any office in the fire company or fire department, and (2) a 16 non-resident of this state whose membership has been continued pursuant 17 to subdivision five of this section, or a non-resident of this state who 18 was elected to membership pursuant to subdivision six of this section, 19 shall not be considered to be performing any firemanic duty, or to be 20 engaged in any firemanic activity, as a member of the fire company while 21 he or she is outside of this state unless and until he or she has first 22 reported to the officer or [fireman] firefighter in command of his or 23 her fire department, or any company, squad or other unit thereof, 24 engaged or to be engaged in rendering service outside this state, or has 25 received orders or authorization from an officer of the fire department 26 or fire company to participate in or attend authorized activities 27 outside of this state in the same manner as resident members of the fire 28 company. 29 (3) who was, at the time of his or her nomination for membership, a 30 resident of the village or of territory outside of the village which was 31 afforded fire protection by the fire department of the village, or any 32 fire company thereof, pursuant to a contract for fire protection, shall 33 for all purposes in law be considered to have been duly nominated and 34 appointed to membership in such fire company as of the date of such 35 appointment, if any, and, if none, then as of the date of such nomi- 36 nation; notwithstanding that there may have been some legal defect in 37 such nomination, or the proceedings precedent thereto, or a failure of 38 the board of fire commissioners or board of trustees to appoint such 39 member, as provided by law in force at the time of such nomination, and 40 the status of such person as a volunteer [fireman] firefighter as of the 41 date of such appointment or nomination is hereby legalized, validated 42 and confirmed. An election to membership in a fire company shall be 43 deemed equivalent to a nomination for membership for the purposes of 44 this subdivision in the event that a formal nomination for membership 45 was never presented to a board of fire commissioners or board of trus- 46 tees as provided by the law in force prior to the first day of July, 47 nineteen hundred fifty-four, and, for the purposes of this subdivision, 48 such election, and the proceedings precedent thereto, shall be consid- 49 ered to have been held and conducted in the manner required by law. This 50 subdivision shall not apply to a person, if any, whose volunteer member- 51 ship in a fire company was declared invalid by a court of competent 52 jurisdiction prior to the first day of January, nineteen hundred fifty- 53 five. 54 (3) who was, at the time of his or her election to membership, a resi- 55 dent of the village or of territory outside the village which was 56 afforded fire protection by the fire department of the village, or anyS. 6542--B 64 1 fire company thereof, pursuant to a contract for fire protection, or who 2 was a non-resident who was elected to membership or who was continued as 3 a member, pursuant to the provisions of subdivisions five or six of this 4 section, shall for all purposes in law be considered to have been duly 5 elected and approved, or continued, as a member in such fire company as 6 of the date of such approval, if any, and, if none, then as of the date 7 of such election or, in the case of a continuance, as of the date of the 8 approval, if any, by the board of fire commissioners or the board of 9 trustees, and, if none, as of the date of authorization of continuance 10 by the fire company; notwithstanding that there may have been some legal 11 defect in such election, or the proceedings precedent thereto, or a 12 failure of the board of fire commissioners or board of trustees to 13 approve such member, or approve the continuance of membership of such 14 member, as provided by the law in force at the time of such election, or 15 continuance, and the status of such person as a volunteer [fireman] 16 firefighter as of the date is hereby legalized, validated and confirmed. 17 This subdivision shall not apply to a person, if any, whose volunteer 18 membership in a fire company was disapproved by the board of trustees or 19 board of fire commissioners or declared invalid by a court of competent 20 jurisdiction prior to the first day of January, two thousand eleven. 21 (a) It shall be an unlawful discriminatory practice for any volunteer 22 fire department or fire company, through any member or members thereof, 23 officers, board of fire commissioners or other body or office having 24 power of appointment of volunteer [firemen] firefighters in any fire 25 department or fire company pursuant to this section, because of the 26 race, creed, color, national origin, sex or marital status of any indi- 27 vidual, to exclude or to expel from its volunteer membership such indi- 28 vidual, or to discriminate against any of its members because of the 29 race, creed, color, national origin, sex or marital status of such 30 volunteer members. 31 § 112. Section 10-1020 of the village law is amended to read as 32 follows: 33 § 10-1020 Abolition of fire department; employment of paid [firemen] 34 firefighters. The board of trustees of any village may, by resolution, 35 abolish, in whole or in part, the fire department in such village, which 36 action of the board of trustees shall be subject to a permissive refer- 37 endum as defined in this chapter; if such fire department is abolished, 38 all the money and property of such department shall be turned over by 39 the officers of such department or by the fire commissioners to the 40 board of trustees within ten days after service of notice on such offi- 41 cers or commissioners of the action of the board of trustees. Or, the 42 board of trustees may, by resolution, determine that one or more [fire-43men] firefighters shall be employed to act with such voluntary depart- 44 ment and may fix the salary of such [firemen] firefighters; the board of 45 trustees may also determine that such paid [firemen] firefighters shall 46 have charge of all apparatus and other equipment and that the voluntary 47 department shall act under the orders of such paid [fireman or firemen] 48 firefighter or firefighters. 49 § 113. The third undesignated paragraph of section 10-1022 of the 50 village law is amended to read as follows: 51 The failure of any such officer or member to discover and properly 52 report any such fire hazards or his or her neglect or omission to 53 perform such duties shall not subject him or her, his or her fire 54 department, fire company, or the city, village, fire district or town in 55 which or of which he or she is a [fireman] firefighter to any civil or 56 other liability. Any such fire officer or member shall not be liableS. 6542--B 65 1 civilly for any act or acts done by him or her as a [fireman] firefight- 2 er in the performance of such duties, except for wilful negligence or 3 malfeasance, but the provisions of this section shall not relieve any 4 such city, village, fire district, town, or fire company from liability, 5 if any, for the negligent or wrongful acts of the officer or member in 6 the actual performance of such duty. 7 § 114. Subdivision 4 of section 604 of the education law, as amended 8 by chapter 335 of the laws of 1987, is amended to read as follows: 9 4. Regents awards for children of deceased police officers, [firemen] 10 firefighters, volunteer firefighters and correction officers are avail- 11 able for eligible students in an approved program pursuant to section 12 six hundred sixty-four of this chapter. 13 § 115. Paragraph b of subdivision 1 of section 664 of the education 14 law, as amended by chapter 335 of the laws of 1987, is amended to read 15 as follows: 16 b. A person may receive concurrently a tuition assistance program 17 award, a regents award for children of deceased and disabled veterans 18 and a regents award for children of deceased police officers, [firemen] 19 firefighters and volunteer firefighters, and correction officers of the 20 state or any political subdivision thereof, and may also receive bene- 21 fits under one or all of these awards concurrently with an academic 22 performance award or federal or other awards. However, in the case of 23 the regents awards for children of deceased state correction officers 24 and state civilian employees of a correctional facility received pursu- 25 ant to the provisions of section six hundred sixty-nine of this article, 26 no person shall receive benefits under this award concurrently with any 27 other general or academic performance award under this chapter, or with 28 any scholarship, grant, or educational assistance under federal law 29 that, in the judgment of the commissioner would duplicate the purposes 30 of such award. 31 § 116. Subdivision 2 of section 1004 of the education law, as amended 32 by chapter 746 of the laws of 1967, is amended to read as follows: 33 2. To provide vocational rehabilitation services directly or through 34 public or private instrumentalities for handicapped persons (excepting 35 blind persons and, with respect to physical restoration services, those 36 persons who are entitled to such services pursuant to the [workmen's] 37 workers' compensation law and the volunteer [firemen's] firefighters' 38 benefit law) whose vocational rehabilitation the department determines 39 after full investigation may be satisfactorily achieved. In the course 40 of its investigation of an individual applicant's vocational rehabili- 41 tation potential the department may conduct an extended evaluation 42 program including utilization of such vocational rehabilitation services 43 as it deems necessary. 44 § 117. Section 2103-a of the education law, as added by chapter 949 of 45 the laws of 1974, is amended to read as follows: 46 § 2103-a. [Policemen and firemen] Police officers and firefighters on 47 boards of education. Notwithstanding any general, special or local law, 48 ordinance or charter provision to the contrary, or any rule or regu- 49 lation, [policemen and firemen] police officers and firefighters 50 employed by any municipal subdivision of the state or police district 51 provided they are otherwise eligible, may be candidates for election and 52 serve as members of boards of education in school districts located: (1) 53 other than in the municipality where they perform their duties as 54 [policemen or firemen] police officers and firefighters on a regular 55 basis, or (2) unless prohibited by the legislative body for whom they 56 are employed, in school districts located in the locality where theyS. 6542--B 66 1 perform their duties as [policemen or firemen] police officers and fire- 2 fighters. 3 § 118. Subdivision 7 of section 2502 of the education law, as amended 4 by chapter 438 of the laws of 1980, is amended to read as follows: 5 7. No person shall be eligible to the office of member of the board of 6 education who is not a qualified voter of the city school district and 7 who has not been a resident of such district for a period of at least 8 one year immediately preceding the date of his or her election; 9 provided, however, that no person shall hold at the same time the office 10 of member of the board of education and any city office other than as a 11 [policeman or fireman] police officer and firefighter; provided, 12 further, that where territory is added to a city school district by 13 order of the commissioner [of education] pursuant to article thirty-one 14 of this chapter, residence in the territory so added to the city school 15 district shall be and shall be deemed to be residence in the city school 16 district for the purposes of this subdivision, and a person qualified to 17 vote in school district elections by virtue of his or her residence in 18 the territory so added to the city school district immediately prior to 19 the addition of such territory to the city school district shall be and 20 shall be deemed to be a qualified voter of the city school district 21 immediately upon the addition of such territory. 22 § 119. Subdivision (a) of section 7.25 of the mental hygiene law, as 23 amended by chapter 22 of the laws of 1984, is amended to read as 24 follows: 25 (a) The commissioner and the directors of in-patient facilities in the 26 office of mental health may designate safety officers to act as special 27 [policemen] police officers whose duty it shall be, under orders of the 28 appropriate officer, to preserve peace and good order in facilities of 29 such office and to fully protect the grounds, buildings, and patients. 30 Such safety officers acting as special [policemen] police officers shall 31 possess all the powers of peace officers, as set forth in section 2.20 32 of the criminal procedure law, while performing duties in or arising out 33 of the course of their employment. Such peace officers when acting 34 pursuant to their special duties may issue and serve a simplified traf- 35 fic information and appearance ticket, in the form prescribed by the 36 commissioner of motor vehicles pursuant to section two hundred seven of 37 the vehicle and traffic law, upon a person when he or she has reasonable 38 cause to believe that such person has committed a traffic infraction in 39 his or her presence, and shall have the power to issue and serve an 40 appearance ticket as defined in section 150.10 of the criminal procedure 41 law for an offense other than a felony in lieu of an arrest. 42 § 120. Subdivision (a) of section 13.25 of the mental hygiene law, as 43 amended by chapter 969 of the laws of 1983, is amended to read as 44 follows: 45 (a) The commissioner and the directors of facilities under his or her 46 jurisdiction may designate safety officers to act as special [policemen] 47 police officers whose duty it shall be, under orders of the appropriate 48 officer, to preserve peace and good order in such facilities and to 49 fully protect the grounds, buildings, and patients. Such safety officers 50 acting as special [policemen] police officers shall possess all the 51 powers of peace officers, as set forth in section 2.20 of the criminal 52 procedure law, while performing duties in or arising out of the course 53 of their employment. Such peace officers when acting pursuant to their 54 special duties may issue and serve a simplified traffic information and 55 appearance ticket, in the form prescribed by the commissioner of motor 56 vehicles pursuant to section two hundred seven of the vehicle and traf-S. 6542--B 67 1 fic law, upon a person when he or she has reasonable cause to believe 2 that such person has committed a traffic infraction in his or her pres- 3 ence, and shall have the power to issue and serve an appearance ticket 4 as defined in section 150.10 of the criminal procedure law for an 5 offense other than a felony in lieu of an arrest. 6 § 121. Subdivision 5 of section 73 of the Indian law, as added by 7 chapter 1022 of the laws of 1969, is amended to read as follows: 8 5. Notwithstanding any other provision of law to establish, manage and 9 control a fire corporation for the fire protection of the common land of 10 the nation and to enter into contracts necessary for providing such fire 11 protection and to provide insurance for volunteer [firemen] 12 firefighters. 13 § 122. Section 77 of the Indian law is amended to read as follows: 14 § 77. [Policemen] Police officers at annual fair. The board of 15 commissioners of the Niagara frontier police district may, upon the 16 written request of at least five of the councilors of the Seneca nation, 17 detail two or more [policemen] police officers of such district to 18 attend and preserve peace and good order at the annual fair of the 19 Iroquois agricultural society on the Cattaraugus reservation; the 20 reasonable expenses of such [policemen] police officers to be defrayed 21 by such nation. 22 § 123. Paragraph 3 of subdivision a of section 30 of the retirement 23 and social security law, as added by chapter 776 of the laws of 1957, is 24 amended to read as follows: 25 3. The power to exclude employees from eligibility for membership in 26 the retirement system pursuant to paragraph one or paragraph two of this 27 subdivision a shall terminate on the day after the modification extend- 28 ing the old-age and survivors insurance system to any position covered 29 by such system and held by an employee of a political subdivision of the 30 state (exclusive of one in a [policeman's or firemen's] police officer's 31 or firefighter's position) is executed. 32 § 124. Paragraph 3 of subdivision e of section 31 of the retirement 33 and social security law, as added by chapter 776 of the laws of 1957, is 34 amended to read as follows: 35 3. The power to exclude employees from eligibility for membership in 36 the retirement system pursuant to paragraph one or paragraph two of this 37 subdivision e shall terminate on the day after the modification extend- 38 ing the old-age and survivors insurance system to any position covered 39 by such system and held by an employee of a political subdivision of the 40 state (exclusive of one in a [policeman's or firemen's] police officer's 41 or firefighter's position) is executed. 42 § 125. Paragraph 3 of subdivision b of section 40 of the retirement 43 and social security law is amended to read as follows: 44 3. Every [policeman and fireman] police officer and firefighter, 45 appointed to and employed by a city, county, town, village or police or 46 fire district, in a position in the classified civil service, other than 47 in a position in the exempt class, and who is not eligible to become a 48 member of a local pension system. Notwithstanding any other provision 49 of this article, so far as such [policemen and firemen] police officers 50 and firefighters are concerned, their employers shall be treated in all 51 respects as if they were participating employers. Such employers shall 52 pay into the pension accumulation fund the amount required to pay the 53 accrued liability on account of such [policemen] police officers and 54 [firemen] firefighters, as computed by the actuary. Such payment shall 55 be made in such installments as the comptroller shall require.S. 6542--B 68 1 § 126. Subdivision (d) of section 89-a of the retirement and social 2 security law, as amended by chapter 493 of the laws of 1969, is amended 3 to read as follows: 4 (d) Credit for service as a member or officer of the state police or 5 as a paid [fireman, policeman] firefighter, police officer or officer of 6 any organized fire department or police force or department of any coun- 7 ty, city, village, town, fire district or police district, or as a crim- 8 inal investigator in the office of a district attorney, provided that 9 service as such investigator shall have been rendered prior to January 10 first, nineteen hundred sixty and that credit therefor shall not exceed 11 five years, shall also be deemed to be creditable service and shall be 12 included in computing years of total service for retirement pursuant to 13 this section, provided such service was performed by the member while 14 contributing to the retirement system pursuant to the provisions of this 15 article or article eight of this chapter. 16 § 127. Subdivision (i) of section 89-b of the retirement and social 17 security law, as added by chapter 622 of the laws of 1970, is amended to 18 read as follows: 19 (i) Credit for service as a member or officer of the state police, or 20 as a paid [fireman, policeman] firefighter, police officer or officer of 21 any organized fire department or police force or department of any coun- 22 ty, city, village, town, fire district or police district or as a crimi- 23 nal investigator in the office of a district attorney, provided that 24 service as such investigator shall have been rendered prior to January 25 first, nineteen hundred sixty and that credit therefor shall not exceed 26 five years, shall also be deemed to be creditable service and shall be 27 included in computing years of total service for retirement pursuant to 28 this section, provided such service was performed by the member while 29 contributing to the retirement system pursuant to this article or arti- 30 cle eight of this chapter. 31 § 128. Subdivision (i) of section 89-d of the retirement and social 32 security law, as added by chapter 678 of the laws of 1983, is amended to 33 read as follows: 34 (i) Credit for service as a member or officer of the state police, or 35 as a paid [fireman, policeman] firefighter, police officer or officer of 36 any organized fire department or police force or department of any coun- 37 ty, city, village, town, fire district or police district or as a sher- 38 iff, undersheriff or regular deputy sheriff or as a criminal investi- 39 gator in the office of a district attorney, shall also be deemed to be 40 creditable service and shall be included in computing years of total 41 service for retirement pursuant to this section, provided such service 42 was performed by the member while contributing to the retirement system 43 pursuant to this article or article eight of this chapter. 44 § 129. Subdivision e of section 89-e of the retirement and social 45 security law, as added by chapter 520 of the laws of 1988, is amended to 46 read as follows: 47 e. Credit for service as a member or officer of the state police or as 48 a paid firefighter, [policeman] police officer or officer of any organ- 49 ized fire department or police force or department of any county, city, 50 village, town, fire district or police district, or as a criminal inves- 51 tigator in the office of a district attorney, provided that service as 52 such investigator shall have been rendered prior to January first, nine- 53 teen hundred sixty and that credit therefor shall not exceed five years, 54 shall also be deemed to be creditable service and shall be included in 55 computing years of total service for retirement pursuant to this 56 section, provided such service was performed by the member whileS. 6542--B 69 1 contributing to the retirement system pursuant to the provisions of this 2 article or article eight of this chapter. 3 § 130. Subdivision f of section 89-f of the retirement and social 4 security law, as added by chapter 591 of the laws of 1988, and as relet- 5 tered by chapter 543 of the laws of 1992, is amended to read as follows: 6 f. Credit for service as a member or officer of the state police or as 7 a paid [fireman, policeman] firefighter, police officer or officer of 8 any organized fire department or police force or department of any coun- 9 ty, city, village, town, fire district or police district, or as a crim- 10 inal investigator in the office of a district attorney, provided that 11 service as such investigator shall have been rendered prior to January 12 first, nineteen hundred sixty and that credit therefor shall not exceed 13 five years, shall also be deemed to be creditable service and shall be 14 included in computing years of total service for retirement pursuant to 15 this section, provided such service was performed by the member while 16 contributing to the retirement system pursuant to the provisions of this 17 article or article eight of this chapter. 18 § 131. Subdivision e of section 89-g of the retirement and social 19 security law, as added by chapter 653 of the laws of 1988 and such 20 section as renumbered by chapter 771 of the laws of 1988, is amended to 21 read as follows: 22 e. Credit for service as a member or officer of the state police or as 23 a paid [fireman, policeman] firefighter, police officer or officer of 24 any organized fire department or police force or department of any coun- 25 ty, city, village, town, fire district or police district, or as a crim- 26 inal investigator in the office of a district attorney, provided that 27 service as such investigator shall have been rendered prior to January 28 first, nineteen hundred sixty and that credit therefor shall not exceed 29 five years, shall also be deemed to be creditable service and shall be 30 included in computing years of total service for retirement pursuant to 31 this section, provided such service was performed by the member while 32 contributing to the retirement system pursuant to the provisions of this 33 article or article eight of this chapter. 34 § 132. Subdivision e of section 89-h of the retirement and social 35 security law, as amended by chapter 320 of the laws of 2003, is amended 36 to read as follows: 37 e. Credit for service as a member or officer of the state police or as 38 a paid [fireman, policeman] firefighter, police officer or officer of 39 any organized fire department or police force or department of any coun- 40 ty, city, village, town, fire district or police district, or as a crim- 41 inal investigator in the office of a district attorney, provided that 42 service as such investigator shall have been rendered prior to January 43 first, nineteen hundred sixty and that credit therefor shall not exceed 44 five years, shall also be deemed to be creditable service and shall be 45 included in computing years of total service for retirement pursuant to 46 this section, provided such service was performed by the member while 47 contributing to the retirement system pursuant to the provisions of this 48 article or article eight of this chapter. 49 § 133. Subdivision e of section 89-i of the retirement and social 50 security law, as added by chapter 283 of the laws of 1989, is amended to 51 read as follows: 52 e. Credit for service as a member or officer of the state police or as 53 a paid [fireman, policeman] firefighter, police officer or officer of 54 any organized fire department or police force or department of any coun- 55 ty, city, village, town, fire district or police district, or as a crim- 56 inal investigator in the office of a district attorney, provided thatS. 6542--B 70 1 service as such investigator shall have been rendered prior to January 2 first, nineteen hundred sixty and that credit therefor shall not exceed 3 five years, shall also be deemed to be creditable service and shall be 4 included in computing years of total service for retirement pursuant to 5 this section, provided such service was performed by the member while 6 contributing to the retirement system pursuant to the provisions of this 7 article or article eight of this chapter. 8 § 134. Subdivision e of section 89-j of the retirement and social 9 security law, as added by chapter 648 of the laws of 1989, is amended to 10 read as follows: 11 e. Credit for service as a member or officer of the state police or as 12 a paid [fireman, policeman] firefighter, police officer or officer of 13 any organized fire department or police force or department of any coun- 14 ty, city, village, town, fire district or police district, or as a crim- 15 inal investigator in the office of a district attorney, provided that 16 service as such investigator shall have been rendered prior to January 17 first, nineteen hundred sixty and that credit therefor shall not exceed 18 five years, shall also be deemed to be creditable service and shall be 19 included in computing years of total service for retirement pursuant to 20 this section, provided such service was performed by the member while 21 contributing to the retirement system pursuant to the provisions of this 22 article or article eight of this chapter. 23 § 135. Subdivision e of section 89-k of the retirement and social 24 security law, as added by chapter 433 of the laws of 1990, is amended to 25 read as follows: 26 e. Credit for service as a member or officer of the state police or as 27 a paid [fireman, policeman] firefighter, police officer or officer of 28 any organized fire department or police force or department of any coun- 29 ty, city, village, town, fire district or police district, or as a crim- 30 inal investigator in the office of a district attorney, provided that 31 service as such investigator shall have been rendered prior to January 32 first, nineteen hundred sixty and that credit therefor shall not exceed 33 five years, shall also be deemed to be creditable service and shall be 34 included in computing years of total service for retirement pursuant to 35 this section, provided such service was performed by the member while 36 contributing to the retirement system pursuant to the provisions of this 37 article or article eight of this chapter. 38 § 136. Subdivision e of section 89-l of the retirement and social 39 security law, as added by chapter 389 of the laws of 1989, is amended to 40 read as follows: 41 e. Credit for service as a member or officer of the state police or as 42 a paid [fireman, policeman] firefighter, police officer or officer of 43 any organized fire department or police force or department of any coun- 44 ty, city, village, town, fire district or police district, or as a crim- 45 inal investigator in the office of a district attorney, provided that 46 service as such investigator shall have been rendered prior to January 47 first, nineteen hundred sixty and that credit therefor shall not exceed 48 five years, shall also be deemed to be creditable service and shall be 49 included in computing years of total service for retirement pursuant to 50 this section, provided such service was performed by the member while 51 contributing to the retirement system pursuant to the provisions of this 52 article or article eight of this chapter. 53 § 137. Subdivision e of section 89-m of the retirement and social 54 security law, as added by chapter 646 of the laws of 1990, is amended to 55 read as follows:S. 6542--B 71 1 e. Credit for service as a member or officer of the state police or as 2 a paid [firemen, policeman] firefighter, police officer or officer of 3 any organized fire department or police force or department of any coun- 4 ty, city, village, town, fire district or police district, or as a crim- 5 inal investigator in the office of a district attorney, provided that 6 service as such investigator shall have been rendered prior to January 7 first, nineteen hundred sixty and that credit therefor shall not exceed 8 five years, shall also be deemed to be creditable service and shall be 9 included in computing years of total service for retirement pursuant to 10 this section, provided such service was performed by the member while 11 contributing to the retirement system pursuant to the provisions of this 12 article or article eight of this chapter. 13 § 138. Subdivision e of section 89-n of the retirement and social 14 security law, as added by chapter 597 of the laws of 1991, is amended to 15 read as follows: 16 e. Credit for service as a member or officer of the state police or as 17 a paid [fireman, policeman] firefighter, police officer or officer of 18 any organized fire department or police force or department of any coun- 19 ty, city, village, town, fire district or police district, or as a crim- 20 inal investigator in the office of a district attorney, provided that 21 service as such investigator shall have been rendered prior to January 22 first, nineteen hundred sixty and that credit therefor shall not exceed 23 five years, shall also be deemed to be creditable service and shall be 24 included in computing years of total service for retirement pursuant to 25 this section, provided such service was performed by the member while 26 contributing to the retirement system pursuant to the provisions of this 27 article or article eight of this chapter. 28 § 139. Subdivision e of section 89-o of the retirement and social 29 security law, as added by chapter 647 of the laws of 1993, is amended to 30 read as follows: 31 e. Credit for service as a member or officer of the state police or as 32 a paid [fireman, policeman] firefighter, police officer or officer of 33 any organized fire department or police force or department of any coun- 34 ty, city, village, town, fire district or police district, or as a crim- 35 inal investigator in the office of a district attorney, provided that 36 service as such investigator shall have been rendered prior to January 37 first, nineteen hundred sixty and that credit therefor shall not exceed 38 five years, shall also be deemed to be creditable service and shall be 39 included in computing years of total service for retirement pursuant to 40 this section, provided such service was performed by the member while 41 contributing to the retirement system pursuant to the provisions of this 42 article or article eight of this chapter. 43 § 140. Subdivision e of section 89-p of the retirement and social 44 security law, as added by chapter 725 of the laws of 1994, is amended to 45 read as follows: 46 e. Credit for service as a member or officer of the state police or as 47 a paid [fireman, policeman] firefighter, police officer or officer of 48 any organized fire department or police force or department of any coun- 49 ty, city, village, town, fire district or police district, or as a crim- 50 inal investigator in the office of a district attorney, provided that 51 service as such investigator shall have been rendered prior to January 52 first, nineteen hundred sixty and that credit therefor shall not exceed 53 five years, shall also be deemed to be creditable service and shall be 54 included in computing years of total service for retirement pursuant to 55 this section, provided such service was performed by the member whileS. 6542--B 72 1 contributing to the retirement system pursuant to the provisions of this 2 article or article eight of this chapter. 3 § 141. Subdivision e of section 89-q of the retirement and social 4 security law, as added by chapter 158 of the laws of 1995, is amended to 5 read as follows: 6 e. Credit for service as a member or officer of the state police or as 7 a paid [fireman, policeman] firefighter, police officer or officer of 8 any organized fire department or police force or department of any coun- 9 ty, city, village, town, fire district or police district, shall also be 10 deemed to be creditable service and shall be included in computing years 11 of total service for retirement pursuant to this section, provided such 12 service was performed by the member while contributing to the retirement 13 system pursuant to the provisions of this article or article eight of 14 this chapter. 15 § 142. Subdivision e of section 89-r of the retirement and social 16 security law, as added by chapter 605 of the laws of 1996, is amended to 17 read as follows: 18 e. Credit for service as a member or officer of the state police or as 19 a paid [fireman, policeman] firefighter, police officer or officer of 20 any organized fire department or police force or department of any coun- 21 ty, city, village, town, fire district or police district, or as a crim- 22 inal investigator in the office of a district attorney, provided that 23 service as such investigator shall have been rendered prior to January 24 first, nineteen hundred sixty and that credit therefor shall not exceed 25 five years, shall also be deemed to be creditable service and shall be 26 included in computing years of total service for retirement pursuant to 27 this section, provided such service was performed by the member while 28 contributing to the retirement system pursuant to the provisions of this 29 article or article eight of this chapter. 30 § 143. Subdivision e of section 89-s of the retirement and social 31 security law, as added by chapter 588 of the laws of 1997, is amended to 32 read as follows: 33 e. Credit for service as a member or officer of the state police or as 34 a paid [fireman, policeman] firefighter, police officer or officer of 35 any organized fire department or police force or department of any coun- 36 ty, city, village, town, fire district or police district, or as a crim- 37 inal investigator in the office of a district attorney, shall also be 38 deemed to be creditable service and shall be included in computing years 39 of total service for retirement pursuant to this section. 40 § 144. Subdivision e of section 89-s of the retirement and social 41 security law, as amended by chapter 578 of the laws of 1998, is amended 42 to read as follows: 43 e. Credit for service as a member or officer of the state police or as 44 a paid [fireman, policeman] firefighter, police officer or officer of 45 any organized fire department or police force or department of any coun- 46 ty, city, village, town, fire district or police district, or as a crim- 47 inal investigator in the office of a district attorney, shall also be 48 deemed to be creditable service and shall be included in computing years 49 of total service for retirement pursuant to this section. 50 § 145. Subdivision e of section 89-s of the retirement and social 51 security law, as added by chapter 595 of the laws of 1997, is amended to 52 read as follows: 53 e. Credit for service as a member or officer of the state police or as 54 a paid [fireman, policeman] firefighter, police officer or officer of 55 any organized fire department or police force or department of any coun- 56 ty, city, village, town, fire district or police district, or as a crim-S. 6542--B 73 1 inal investigator in the office of a district attorney, shall also be 2 deemed to be creditable service and shall be included in computing years 3 of total service for retirement pursuant to this section. 4 § 146. Subdivision e of section 89-t of the retirement and social 5 security law, as added by chapter 603 of the laws of 1998, is amended to 6 read as follows: 7 e. Credit for service as a member or officer of the state police or as 8 a paid [fireman, policeman] firefighter, police officer or officer of 9 any organized fire department or police force or department of any coun- 10 ty, city, village, town, fire district or police district, or as a crim- 11 inal investigator in the office of a district attorney, or as a 12 probation assistant in a county probation department, shall also be 13 deemed to be creditable service and shall be included in computing years 14 of total service for retirement pursuant to this section. 15 § 147. Paragraph 1 of subdivision a of section 89-t of the retirement 16 and social security law, as added by chapter 657 of the laws of 1998, is 17 amended to read as follows: 18 1. "Qualifying member" shall mean any member who is in service as a 19 safety officer under the jurisdiction of the office of mental health or 20 the office [of mental retardation and] for people with developmental 21 disabilities, an institutional safety officer, or a special [policeman] 22 police officer designated by the director of a state hospital. 23 § 148. Subdivision e of section 89-v of the retirement and social 24 security law, as added by chapter 472 of the laws of 2001, is amended to 25 read as follows: 26 e. Credit for service as a member or officer of the state police or as 27 a paid [fireman, policeman] firefighter, police officer or officer of 28 any organized fire department or police force or department of any coun- 29 ty, city, village, town, fire district or police district, shall also be 30 deemed to be creditable service and shall be included in computing years 31 of total service for retirement pursuant to this section provided such 32 services are performed by the member while contributing to the New York 33 state and local police and fire retirement system pursuant to the 34 provisions of this article or article eight of this chapter. 35 § 149. Subdivision e of section 89-v of the retirement and social 36 security law, as added by chapter 556 of the laws of 2001, is amended to 37 read as follows: 38 e. Credit for service as a member or officer of the state police or as 39 a paid [fireman, policeman] firefighter, police officer or officer of 40 any organized fire department or police force or department of any coun- 41 ty, city, village, town, fire district or police district, or as a crim- 42 inal investigator in the office of a district attorney, provided that 43 service as such investigator shall have been rendered prior to January 44 first, nineteen hundred sixty and that credit therefor shall not exceed 45 five years, shall also be deemed to be creditable service and shall be 46 included in computing years of total service for retirement pursuant to 47 this section, provided such service was performed by the member while 48 contributing to the retirement system pursuant to the provisions of this 49 article or article eight of this chapter. 50 § 150. Subdivision e of section 89-w of the retirement and social 51 security law, as added by chapter 295 of the laws of 2007, is amended to 52 read as follows: 53 e. Credit for service as a member or officer of the state police or as 54 a paid [fireman, policeman] firefighter, police officer or officer of 55 any organized fire department or police force or department of any coun- 56 ty, city, village, town, fire district or police district, or as a crim-S. 6542--B 74 1 inal investigator in the office of a district attorney shall also be 2 deemed to be creditable service and shall be included in computing years 3 of total service for retirement pursuant to this section. 4 § 151. Paragraphs a, b, and d of subdivision 1, subdivision 2, and 5 paragraph a of subdivision 10 of section 138-a of the retirement and 6 social security law, paragraph a of subdivision 1 as amended by chapter 7 1049 of the laws of 1957, paragraph b of subdivision 1 and subdivision 2 8 as added by chapter 776 of the laws of 1957, paragraph d of subdivision 9 1 as amended by chapter 1184 of the laws of 1971, paragraph c of subdi- 10 vision 2 as amended by chapter 73 of the laws of 1958, and paragraph a 11 of subdivision 10 as amended by chapter 397 of the laws of 1958, are 12 amended to read as follows: 13 a. One referendum among all eligible employees of the state (exclusive 14 of those in [policemen's or firemen's] police officer or firefighter 15 positions) who are members of the New York state employees' retirement 16 system, a second referendum among all eligible employees of political 17 subdivisions of the state (exclusive of those in [policemen's or fire-18men's] police officer or firefighter positions) who are members of such 19 retirement system, which subdivisions elected to provide seven calendar 20 quarters of retroactive coverage for such employees pursuant to subdivi- 21 sion seven of this section, a third referendum among all eligible 22 employees of political subdivisions of the state (exclusive of those in 23 [policemen's or firemen's] police officer or firefighter positions) who 24 are members of such retirement system, which subdivisions elected to 25 provide six calendar quarters of retroactive coverage for such employees 26 pursuant to subdivision seven of this section, a fourth referendum among 27 all eligible employees of political subdivisions of the state (exclusive 28 of those in [policemen's or firemen's] police officer or firefighter 29 positions) who are members of such retirement system, which subdivisions 30 elected to provide four calendar quarters of retroactive coverage for 31 such employees pursuant to subdivision seven of this section, and a 32 fifth referendum among all eligible employees of the remaining political 33 subdivisions of the state (exclusive of those in [policemen's or fire-34men's] police officer or firefighter positions) who are members of such 35 retirement system, on the question of whether service in positions 36 (exclusive of [policemen's or firemen's] police officer or firefighter 37 positions) in the employ of the state or of such political subdivisions, 38 as the case may be, and covered by such system also shall be covered by 39 old-age and survivors insurance. 40 b. Separate referenda among eligible employees of the state (exclusive 41 of those in [policemen's or firemen's] police officer or firefighter 42 positions) whose positions are covered by a separate retirement system 43 or plan maintained by the state, other than the New York state and local 44 employees' retirement system or the New York state teachers' retirement 45 system, and who are members of such system or plan, on the question of 46 whether service in positions (exclusive of [policemen's or firemen's] 47 police officer or firefighter positions) covered by such system or plan 48 also shall be covered by old-age and survivors insurance. 49 d. Separate referenda among eligible employees of each political 50 subdivision (exclusive of those in [policemen's or firemen's] police 51 officer or firefighter positions) who are members of a retirement system 52 or plan maintained by such political subdivision other than a retirement 53 system relating to retirement benefits under the Canada pension plan, on 54 the question of whether service in positions in the employ of such poli- 55 tical subdivision and covered by such system or plan also shall be 56 covered by old-age and survivors insurance. The modification providingS. 6542--B 75 1 old-age and survivors insurance coverage pursuant to such referenda 2 shall provide such retroactive coverage, if any, and shall exclude from 3 old-age and survivors insurance coverage such classes of employment as 4 authorized by paragraph b of subdivision two of section one hundred 5 thirty-six of this article, if any, as the governing body of such poli- 6 tical subdivision shall determine, consistent with the federal social 7 security act. Such determination shall be made within a reasonable peri- 8 od of time fixed by the director and indicated in a certificate filed 9 with the director. 10 2. In the event the federal social security act is amended to author- 11 ize the extension of old-age and survivors insurance coverage to service 12 performed in this state in [policemen's or firemen's] police officer or 13 firefighter positions, the governor or the state agency or officer 14 designated by him or her shall, as soon as practicable after the enact- 15 ment of such amendment and in accordance with the applicable provisions 16 of such federal act and subdivision thirteen of this section, to the 17 extent then applicable, shall take such action as may be necessary to 18 extend old-age and survivors insurance coverage to such positions, 19 including, to the extent applicable, referenda as follows: 20 a. One referendum among all eligible employees of the state serving in 21 [policemen's or firemen's] police officer or firefighter positions who 22 are members of the New York state and local employees' retirement 23 system. 24 b. A separate referendum among all eligible employees of the state 25 serving in [policemen's or firemen's] police officer or firefighter 26 positions whose positions are covered by a retirement system or plan 27 maintained by the state other than the New York state and local employ- 28 ees' retirement system, and who are members of such system or plan. 29 c. One referendum among all eligible employees of political subdivi- 30 sions of the state serving in [policemen's or firemen's] police officer 31 or firefighter positions who are members of the New York state and local 32 employees' retirement system, which political subdivisions elected to 33 provide retroactive coverage to or about March sixteenth, nineteen 34 hundred fifty-six, to such employees pursuant to subdivision seven of 35 this section, a second referendum among all eligible employees of poli- 36 tical subdivisions of the state serving in [policemen's or firemen's] 37 police officer or firefighter positions who are members of such retire- 38 ment system, which subdivisions elected to provide retroactive coverage 39 to or about June sixteenth, nineteen hundred fifty-six, to such employ- 40 ees pursuant to subdivision seven of this section, a third referendum 41 among all eligible employees of political subdivisions of the state 42 serving in [policemen's or firemen's] police officer or firefighter 43 positions who are members of such retirement system, which political 44 subdivisions elected to provide retroactive coverage to or about Decem- 45 ber sixteenth, nineteen hundred fifty-six, to such employees pursuant to 46 subdivision seven of this section, and a fourth referendum among all 47 eligible employees of the remaining political subdivisions of the state 48 serving in [policemen's or firemen's] police officer or firefighter 49 positions who are members of such system, which eligible employees shall 50 have retroactive coverage to or about December sixteenth, nineteen 51 hundred fifty-seven. 52 d. Separate referenda among eligible employees of each political 53 subdivision serving in [policemen's or firemen's] police officer or 54 firefighter positions whose positions are covered by a separate retire- 55 ment system or plan maintained by such political subdivision and who are 56 members of such system or plan. Each such referendum shall be on theS. 6542--B 76 1 question of whether service in the [policemen's or firemen's] police 2 officer or firefighter positions affected thereby also shall be covered 3 by old-age and survivors insurance. 4 a. In the event that the referenda among eligible employees of poli- 5 tical subdivisions of the state (exclusive of those in [policemen's or6firemen's] police officer or firefighter positions) who are members of 7 the New York state and local employees' retirement system favor the 8 extension of old-age and survivors insurance coverage to their posi- 9 tions, all positions in the employ of each political subdivision of the 10 state, except those covered by a retirement system or plan of the state 11 or the political subdivision and subject to separate referenda here- 12 under, and except those excluded from coverage pursuant to paragraph b 13 of subdivision two of section one hundred thirty-six of this article, 14 also shall be covered by old-age and survivors insurance at or about the 15 same time that the director modifies the agreement with the federal 16 secretary to effectuate the result of such referenda as to the political 17 subdivisions affected thereby. Each political subdivision to which old- 18 age and survivors insurance is extended pursuant to this subdivision 19 shall have the option, within a reasonable period of time fixed by the 20 director, to file a certificate with the director fixing the effective 21 date of its coverage (which may include retroactive coverage for such 22 period as its governing body shall determine subject to the federal 23 social security act and which effective date shall be not later than its 24 last payroll date in December nineteen hundred fifty-seven) and exclud- 25 ing from coverage classes of employment as authorized by paragraph b of 26 subdivision two of section one hundred thirty-six of this article. 27 § 152. Subdivisions 4 and 6 of section 152 of the retirement and 28 social security law, as added by chapter 796 of the laws of 1986, are 29 amended to read as follows: 30 4. "Head of the retirement system" shall mean the state comptroller, 31 with respect to the New York state and local employees' retirement 32 system and the New York state [policemen's and firemen's] and local 33 police and fire retirement system, and the retirement board of the other 34 public retirement systems of the state. 35 6. "Public retirement system of the state" shall mean the New York 36 state and local employees' retirement system, New York state [police-37men's and firemen's] and local police and fire retirement system, New 38 York state teachers' retirement system, New York city employees' retire- 39 ment system, New York city teachers' retirement system, New York city 40 police pension fund, New York city fire department pension fund and the 41 New York city board of education retirement system. 42 § 153. Subdivision 3 of section 162 of the retirement and social secu- 43 rity law, as amended by chapter 832 of the laws of 1964, is amended to 44 read as follows: 45 3. The monthly supplemental pensions paid to local retired employees 46 shall not exceed the monthly supplemental pensions paid to state retired 47 employees pursuant to this article. The monthly supplemental pensions 48 paid to local retired teachers shall not exceed the monthly supplemental 49 pensions paid to state retired teachers pursuant to this article. The 50 total of all the annual retirement allowances or pension payments to the 51 widow or widower, dependent children and dependent parents of a deceased 52 member or deceased retired member of the uniformed force of a police 53 department or a fire department shall not be increased by more than an 54 amount which, when added to all annual retirement allowances and pension 55 payments being made to all of such beneficiaries, and the annual retire- 56 ment allowances or pension payments which could have been made to themS. 6542--B 77 1 in lieu of any lump sum settlement that was made instead, on account of 2 the death of any such [policeman or fireman] police officer or fire- 3 fighter, by such county, city, town or village, or by a retirement or 4 pension system or plan on behalf of the county, city, town or village, 5 shall not exceed a total of twelve hundred dollars per annum. 6 § 154. Subdivision 1 of section 176 of the retirement and social secu- 7 rity law, as amended by chapter 473 of the laws of 1967, is amended to 8 read as follows: 9 1. The term "fund", as used in this article four-a, shall mean any 10 public retirement system or pension fund which grants retirement or 11 pension benefits to employees of the city of New York, employees of the 12 state of New York, employees of any department or agency of the city of 13 New York or the state of New York, and employees of any municipality or 14 other participating employer participating in the New York state and 15 local employees' retirement system or the New York state [policemen's16and firemen's] and local police and fire retirement system. 17 § 155. Subdivision a of section 185 of the retirement and social secu- 18 rity law, as added by chapter 581 of the laws of 1970, is amended to 19 read as follows: 20 a. The term "fund" shall mean any public retirement system or pension 21 fund which grants retirement or pension benefits to employees of the 22 city of New York, employees of the state of New York, employees of any 23 department or agency of the city of New York or of the state of New 24 York, employees of any municipality or other participating employer 25 participating in the New York state and local employees' retirement 26 system or the New York state [policemen's and firemen's] and local 27 police and fire retirement system, and employees of school districts 28 participating in the New York state teachers' retirement system. 29 § 156. The article heading of article 8 of the retirement and social 30 security law, as added by chapter 1000 of the laws of 1966, is amended 31 to read as follows: 32 NEW YORK STATE [POLICEMEN'S AND FIREMEN'S] AND LOCAL POLICE AND 33 FIRE RETIREMENT SYSTEM 34 § 157. Section 290 of the retirement and social security law, as added 35 by chapter 1000 of the laws of 1966, is amended to read as follows: 36 § 290. Short title of article. This article shall be known and may be 37 cited as the "[Policemen's and Firemen's] Police and Fire Retirement 38 System Act." 39 § 158. Section 292 of the retirement and social security law, as added 40 by chapter 1000 of the laws of 1966, is amended to read as follows: 41 § 292. Legislative intent. It is the intent of the legislature, by the 42 enactment of this article, to establish a separate retirement system for 43 [policemen and firemen] police officers and firefighters and to transfer 44 thereto all [policemen and firemen] police officers and firefighters 45 who, on the effective date of such article, are members of the New York 46 state and local employees' retirement system, and all other persons who 47 are members of such system and contributing pursuant to the provisions 48 of sections eighty-one [to] through eighty-seven, inclusive, of this 49 chapter, immediately prior to the effective date of this article, 50 together with such rights, benefits, privileges, obligations and duties 51 enjoyed by or applicable to such [policemen, firemen] police officers, 52 firefighters and other persons as members of the employees' retirement 53 system. 54 § 159. Subdivision b of section 293 of the retirement and social secu- 55 rity law, as added by chapter 1000 of the laws of 1966 and as furtherS. 6542--B 78 1 amended by section 104 of part A of chapter 62 of the laws of 2011, is 2 amended to read as follows: 3 b. After the annual valuation of the assets and liabilities of the 4 funds of the employees' retirement system required by subdivision d of 5 section eleven of this chapter and on the basis of the actuarial infor- 6 mation available to him or her on March thirty-first, nineteen hundred 7 sixty-seven, the comptroller shall determine the total amount of the 8 assets and liabilities of the employees' retirement system and the 9 percentage of such assets and the amount of such liabilities attribut- 10 able to [policemen and firemen] police officers and firefighters and all 11 other persons transferred. After such determination, and subject to the 12 approval of the superintendent of financial services, the comptroller 13 shall transfer such percentage of the total assets and the amount of 14 such liabilities of the employees' retirement system to the retirement 15 system established by this article. Each category of such assets, 16 including but not limited to such categories as government bonds, corpo- 17 rate bonds, common stocks, mortgages insured under the National Housing 18 Act, conventional mortgages, etc. so transferred, shall constitute as 19 nearly as possible the percentage of the total assets of the employees' 20 retirement system which are attributable to [policemen and firemen] 21 police officers and firefighters and other persons transferred deter- 22 mined from the actuarial valuation as of March thirty-first, nineteen 23 hundred sixty-seven. The assets so transferred shall include a propor- 24 tionate share of contributions from participating employers to be 25 received by the employees' retirement system after April first, nineteen 26 hundred sixty-seven, based on valuations prior to that date. The comp- 27 troller is hereby authorized and directed to invoice for and to collect 28 such contributions for the employees' retirement system in the same 29 manner and to the same extent as if the members transferred to the 30 system established by this article had continued as members of the 31 employees' retirement system. 32 § 160. The section heading and subdivision a of section 294 of the 33 retirement and social security law, as added by chapter 1000 of the laws 34 of 1966, are amended to read as follows: 35 Transfer of retirement membership, contributions, reserves and other 36 credits of [policemen and firemen] police officers and firefighters, and 37 certain other persons. a. The membership in the employees' retirement 38 system of [policemen and firemen] police officers and firefighters on 39 the effective date of this article, and of all persons who are members 40 of such system on such date and contributing pursuant to the provisions 41 of sections eighty-one [to] through eighty-eight, inclusive, of this 42 chapter as in force and effect immediately prior to the effective date 43 of this article, shall be transferred to the retirement system estab- 44 lished by this article on the effective date thereof. All such persons 45 transferred to the retirement system established pursuant to the 46 provisions of this article shall be entitled to all prior service cred- 47 its and member service credits and to all the rights, privileges, immu- 48 nities, benefits, refunds, increases, advances, insurance, pensions, 49 annuities, retirement allowances, death benefits and options and shall 50 be subject to all obligations, dues, duties and requirements to which 51 they were entitled or were subject, as the case may be, pursuant to the 52 provisions of article two of this chapter. Persons becoming members of 53 the retirement system established by this article subsequent to March 54 thirty-first, nineteen hundred sixty-seven, and who are entitled to 55 credit for service rendered as a member of the employees' retirementS. 6542--B 79 1 system shall be entitled to the same credit for such service pursuant to 2 this article. 3 § 161. Subdivision a of section 295 of the retirement and social secu- 4 rity law, as added by chapter 1000 of the laws of 1966, is amended to 5 read as follows: 6 a. On the effective date of this article, all retired [policemen and7firemen] police officers and firefighters, and other persons who have 8 retired pursuant to the provisions of sections eighty-one [to] through 9 eighty-eight, inclusive, of this chapter, as in force and effect imme- 10 diately prior to the effective date of this article, and their benefici- 11 aries shall be transferred and become a charge upon the retirement 12 system established by this article and shall thereafter receive their 13 retirement allowances from such system. 14 § 162. Section 296 of the retirement and social security law, as added 15 by chapter 1000 of the laws of 1966, is amended to read as follows: 16 § 296. Continuation of certain tables and rates. All tables, sched- 17 ules, rates (including but not limited to regular and special deficiency 18 rates), regular and special deficiency periods, and other actuarial 19 tables, rates and procedures in effect and used by the employees' 20 retirement system for or in connection with any of its activities or 21 operations with respect to the membership of [policemen and firemen] 22 police officers and firefighters and persons who are members of such 23 system pursuant to sections eighty-one [to] through eighty-eight, inclu- 24 sive, shall continue to be used in the same manner by the retirement 25 system established by this article, and shall remain in effect unless 26 and until duly modified or rescinded by the provisions of this article. 27 § 163. Section 297 of the retirement and social security law, as added 28 by chapter 1000 of the laws of 1966, is amended to read as follows: 29 § 297. Transfer of records and documents. Records and documents of the 30 employees' retirement system relating to [policemen and firemen] police 31 officers and firefighters and other persons who are members of such 32 system pursuant to sections eighty-one to eighty-eight, inclusive, shall 33 be transferred to the retirement system established by this article. 34 § 164. Subdivisions 7 and 8, subparagraph 3 of paragraph c of subdivi- 35 sion 9, paragraph g of subdivision 11, subdivision 20, paragraph b of 36 subdivision 26, subdivision 28, paragraph c of subdivision 29, paragraph 37 b of subdivision 29-a, subparagraph c of paragraph 1 of subdivision 31, 38 and subdivision 34 of section 302 of the retirement and social security 39 law, subdivisions 7, 8, 20, 28, 34, paragraph c of subdivision 29, and 40 paragraph b of subdivision 29-a as added by chapter 1000 of the laws of 41 1966, subparagraph 3 of paragraph c of subdivision 9 as amended by chap- 42 ter 950 of the laws of 1970, paragraph g of subdivision 11 as added by 43 chapter 228 of the laws of 1996, paragraph b of subdivision 26 as added 44 by chapter 423 of the laws of 1968 and relettered by chapter 178 of the 45 laws of 1986, and subparagraph c of paragraph 1 of subdivision 31 as 46 amended by chapter 616 of the laws of 1995, are amended to read as 47 follows: 48 7. "Department." Any agency of an employer or any unit of government 49 employing persons who are or may be entitled to become members of the 50 [policemen's and firemen's] police and fire retirement system. 51 8. "Employer." The state, a participating employer, and any other unit 52 of government or organization obligated or agreeing, under this article, 53 to make contributions to the retirement system on behalf of its [police-54men and firemen] police officers and firefighters. 55 (3) Upon the town's subsequently becoming a participating employer, 56 has paid contributions to the [policemen's and firemen's] police andS. 6542--B 80 1 fire retirement system with respect to salary received for prior county 2 services, such term shall mean, at the option of such member, his or her 3 average annual compensation, including such fees and salary, earned by 4 him or her during any three consecutive years of service with such muni- 5 cipality selected by the applicant prior to the date of his or her 6 retirement. 7 g. Service as a fire chief-airport, firefighter-airport, or fire 8 captain-airport, with the county of Monroe. Such persons shall be deemed 9 [firemen] firefighters and members of an organized fire department for 10 all purposes under this chapter. 11 20. "Participating employer." Any municipality participating in the 12 [policemen's and firemen's] police and fire retirement system. 13 b. However, for purposes of crediting interest to individual accounts 14 in the annuity savings fund, such term shall mean four per centum per 15 annum, compounded annually, in the case of [policemen and firemen] 16 police officers and firefighters who last became members of the New York 17 state and local employees' retirement system on or before June thirti- 18 eth, nineteen hundred forty-three and who have continuously thereafter 19 been members of either such system or the [policemen's and firemen's] 20 police and fire retirement system and shall mean three per centum per 21 annum, compounded annually, in the case of all other [policemen and22firemen] police officers and firefighters. 23 28. "Retirement system." The New York state [policemen's and fire-24men's] and local police and fire retirement system provided for in 25 section three hundred ten of this article. 26 c. Was a member of the New York state and local employees' retirement 27 system and an employee of the state or of a participating employer of 28 such system at the time he or she entered such armed forces or was an 29 employee of an employer which was not a participating employer at the 30 time he or she entered such armed forces but which elected to become a 31 participating employer of such system while he or she was absent on 32 military duty, or was an employee of the state or of a participating 33 employer or was a teacher as defined in article eleven of the education 34 law at the time of his or her entrance into the armed forces and became 35 a member of the [policemen's and firemen's] police and fire retirement 36 system subsequent to separation or discharge from the armed services, 37 and 38 b. Was a member of the New York state and local employees' retirement 39 system and an employee of the state or of a participating employer of 40 such system at the time he or she entered such armed forces or was an 41 employee of an employer which was not a participating employer at the 42 time he or she entered such armed forces but which elected to become a 43 participating employer while he or she was absent on military duty, or 44 was an employee of the state or of a participating employer or was a 45 teacher as defined in article eleven of the education law at the time of 46 his or her entrance into the armed forces and became a member of the 47 [policemen's and firemen's] police and fire retirement system subsequent 48 to separation or discharge from the armed services, and 49 c. Was either a member of the New York state and local employees' 50 retirement system and an employee of the state or of a participating 51 employer of such system at the time he or she entered such armed forces 52 or became such employee and such member while in such armed forces on or 53 before July first, nineteen hundred forty-eight, or became such employee 54 while in such armed forces and subsequently became such member on or 55 before July first, nineteen hundred forty-eight, or was an employee of 56 an employer which was not a participating employer at the time he or sheS. 6542--B 81 1 entered such armed forces but which elected to become a participating 2 employer while he or she was absent on military duty, or was an employee 3 of the state or of a participating employer or was a teacher as defined 4 in article eleven of the education law at the time of his or her 5 entrance into the armed forces and became a member of the [policemen's6and firemen's] police and fire retirement system subsequent to sepa- 7 ration or discharge from the armed services, and 8 34. "Total service." All police and fire service while a member of the 9 [policemen's and firemen's] police and fire retirement system, all 10 service for which a member has received credit under a retirement system 11 maintained by the state prior to becoming a member of the [policemen's12and firemen's] police and fire retirement system, all prior service 13 certified on a valid prior service certificate, and all service in war 14 after world war I certified on a valid military service certificate. For 15 the purposes of this article, a valid certificate heretofore issued for 16 service in world war II shall be deemed a certificate for service in war 17 after world war I. 18 § 165. Section 311 of the retirement and social security law, as added 19 by chapter 1000 of the laws of 1966, subdivisions b and c as amended by 20 chapter 423 of the laws of 1968, and paragraph 4 of subdivision b as 21 added by chapter 178 of the laws of 1986, is amended to read as follows: 22 § 311. Duties of comptroller; the actuary. a. The comptroller shall be 23 the administrative head of the [policemen's and firemen's] police and 24 fire retirement system. Subject to the limitations of this article and 25 of law, he or she shall adopt and may amend, from time to time, rules 26 and regulations for the administration and transaction of the business 27 of the [policemen's and firemen's] police and fire retirement system and 28 for the custody and control of its funds. The comptroller shall: 29 1. Maintain all necessary accounting records, and 30 2. Keep in convenient form such data as shall be necessary for the 31 actuarial valuation of the various funds of the [policemen's and fire-32men's] police and fire retirement system, and 33 3. Establish funds, in addition to those provided for by this article, 34 which in his or her judgment are necessary or required for the proper 35 fiscal management of the [policemen's and firemen's] police and fire 36 retirement system, and 37 4. Perform such other functions as are required for the execution of 38 the provisions of this article. 39 b. The comptroller shall engage the services of an actuary and may 40 employ such other necessary technical and administrative assistance as 41 he or she may require. For the purpose of determining upon the proper 42 tables to be prepared and submitted to the comptroller for adoption, the 43 actuary, from time to time, but at least once in each five years, shall 44 make such investigation of the mortality, service and compensation expe- 45 rience of the members as the comptroller may authorize. On the basis of 46 such investigation and upon the recommendations of the actuary, the 47 comptroller shall: 48 1. Adopt for the [policemen's and firemen's] police and fire retire- 49 ment system such mortality and other tables as shall be deemed neces- 50 sary, and 51 2. Certify the rates of deduction, if any, from compensation computed 52 to be necessary to pay the annuities authorized under the provisions of 53 this article. 54 3. From time to time, but at least once in each five years, promulgate 55 a rate or rates of estimated future investment earnings.S. 6542--B 82 1 4. From time to time, but at least once in every five years, promul- 2 gate a rate or rates of regular interest. 3 c. On the basis of such aforesaid tables and an estimated rate or 4 rates of future investment earnings as the comptroller shall adopt: 5 1. The actuary shall make an annual valuation of the assets and 6 liabilities of the funds of the [policemen's and firemen's] police and 7 fire retirement system, and 8 2. The comptroller shall certify annually the rates expressed as 9 proportions of payroll of members, which shall be used in computing the 10 contributions required to be made by employers to the pension accumu- 11 lation fund. 12 d. The comptroller shall make an annual report showing the valuation 13 of the assets and liabilities of the funds of the [policemen's and fire-14men's] police and fire retirement system, as certified by the actuary, a 15 statement of receipts and disbursements and his or her recommendations 16 in regard thereto. Such report shall be published with and as a part of 17 the annual report of the comptroller. 18 e. Special interest, if any, shall be credited annually in the same 19 manner as regular interest pursuant to subdivision i of section three 20 hundred thirteen of this article to the individual annuity savings 21 accounts of persons who are members as of the close of the fiscal year. 22 f. The records of the [policemen's and firemen's] police and fire 23 retirement system shall be open to public inspection. 24 g. The comptroller shall adopt and amend pursuant to this article only 25 such rules and regulations as he or she determines to be for the best 26 interest of the retirement system and its members. 27 § 166. Section 312 of the retirement and social security law, as added 28 by chapter 1000 of the laws of 1966, is amended to read as follows: 29 § 312. Statement of services. a. It shall be the duty of the head of 30 each department or agency of the state government employing [policemen31and/or firemen] police officers and/or firefighters, and of the chief 32 fiscal officer of each participating employer, at the request of the 33 comptroller, to submit to him or her a statement showing the name, 34 title, compensation, duties, date of birth and length of service of each 35 [policeman and/or fireman] police officer and/or firefighter: (exclu- 36 sive of members of a local system), and such other information as the 37 comptroller may require. If any such [policeman or fireman] police offi- 38 cer or firefighter be principally engaged upon duties differing from 39 those specified by the appropriate civil service commission for the 40 title held by him or her, such head of department or agency, or chief 41 fiscal officer, shall certify the reasons therefor and the probable 42 duration of the duties being so performed by such [policeman or fireman] 43 police officer or firefighter. 44 b. Each [policeman and fireman] police officer and firefighter shall 45 be subject to all the provisions of this article and to all the rules 46 and regulations adopted by the comptroller. 47 § 167. Section 313 of the retirement and social security law, as added 48 by chapter 1000 of the laws of 1966, subdivision d as amended by chapter 49 460 of the laws of 1971, paragraph 2 of subdivision f as amended by 50 chapter 908 of the laws of 1971, and subdivision i as amended by chapter 51 1046 of the laws of 1973, is amended to read as follows: 52 § 313. Management of funds. a. The funds of the [policemen's and53firemen's] police and fire retirement system shall be managed in accord- 54 ance with this section. 55 b. The comptroller shall be trustee of the several funds of the 56 [policemen's and firemen's] police and fire retirement system. SuchS. 6542--B 83 1 funds shall be invested by the comptroller in securities in which he or 2 she is authorized by law to invest the funds of the state, except that 3 he or she may invest in obligations consisting of notes, bonds, deben- 4 tures or equipment trust certificates issued under an indenture, which 5 are the direct obligations of, or in the case of equipment trust certif- 6 icates are secured by direct obligations of, a railroad or industrial 7 corporation, or a corporation engaged directly and primarily in the 8 production, transportation, distribution, or sale of electricity, or 9 gas, or the operation of telephone or telegraph systems or waterworks, 10 or in some combination of them; provided the obligor corporation is one 11 which is incorporated under the laws of the United States, or any state 12 thereof, or of the District of Columbia, and said obligations shall be 13 rated at the time of purchase within the three highest classifications 14 established by at least two standard rating services. The maximum 15 amount that the comptroller may invest in such obligations shall not 16 exceed thirty per centum of the assets of the New York state [police-17men's and firemen's] police and fire retirement system's funds; and 18 provided further that not more than two and one-half per centum of the 19 assets of the New York state [policemen's and firemen's] police and fire 20 retirement system's funds shall be invested in the obligations of any 21 one corporation of the highest classification and subsidiary or subsid- 22 iaries thereof, that not more than two per centum of the assets of the 23 New York state [policemen's and firemen's] police and fire retirement 24 system's funds shall be invested in the obligations of any one corpo- 25 ration of the second highest classification and subsidiary or subsid- 26 iaries thereof, that not more than one and one-half per centum of the 27 assets of the New York state [policemen's and firemen's] police and fire 28 retirement system's funds shall be invested in the obligations of any 29 one corporation of the third highest classification and subsidiary or 30 subsidiaries thereof. He or she shall, however, be subject to all 31 terms, conditions, limitations and restrictions imposed by this article 32 and by law upon the making of such investments. The comptroller shall 33 have full power: 34 1. To hold, purchase, sell, assign, transfer or dispose of any of the 35 securities or investments, in which any of the funds of the [policemen's36and firemen's] police and fire retirement system shall be invested, 37 including the proceeds of such investments and any monies belonging to 38 such funds, and 39 2. In his or her name as trustee, to foreclose mortgages upon default 40 or to take title to real property in such proceedings in lieu thereof 41 and to lease and sell real property so acquired. 42 c. The comptroller annually shall credit to each of the funds of the 43 [policemen's and firemen's] police and fire retirement system regular 44 interest on the mean amount therein for the preceding year. 45 d. The custody of all funds of the [policemen's and firemen's] police 46 and fire retirement system shall be in the charge of the head of the 47 division of the treasury of the department of taxation and finance, 48 subject to the supervision and control of the commissioner of taxation 49 and finance. 50 e. Payment of all pensions, annuities and other benefits shall be made 51 as provided in this article. For the purpose of meeting disbursements 52 for pensions, annuities and other payments ordered by the comptroller, 53 the head of such division may keep on deposit an available fund which 54 shall not exceed ten per centum of the total amount of the several funds 55 of the [policemen's and firemen's] police and fire retirement system. 56 Every such deposit shall be kept only in a bank or trust company organ-S. 6542--B 84 1 ized under the laws of this state, or in a national bank located in this 2 state, which shall furnish adequate security therefor. 3 f. The comptroller, however, shall have a fund in his or her immediate 4 possession. Such fund shall be used for the immediate payment of: 5 1. All pensions, annuities and other benefits, and 6 2. Such expenses as may necessarily be incurred in acquiring, servic- 7 ing and foreclosing mortgages and in acquiring, managing and protecting 8 investments, and 9 3. Such special expenditures for which the [policemen's and firemen's] 10 police and fire retirement system will be paid by the state or a partic- 11 ipating employer. Such fund shall be reimbursed from time to time by the 12 head of such division on the warrant of the comptroller. 13 g. Neither the comptroller nor any person employed on the work of the 14 [policemen's and firemen's] police and fire retirement system shall: 15 1. Except as herein provided, have any interest, direct or indirect, 16 in the gains or profits of any investment of the [policemen's and fire-17men's] police and fire retirement system, nor, in connection therewith, 18 directly or indirectly, receive any pay or emolument for his or her 19 services. 20 2. Except as provided in section three hundred fifty of this article: 21 (a) Directly or indirectly, for himself or herself or as an agent or 22 partner of others, borrow any of its funds or deposits or in any manner 23 use the same except to make such current and necessary payments as are 24 authorized by the comptroller, or 25 (b) Become an endorser, surety or an obligor in any manner of monies 26 loaned by or borrowed of such funds. 27 h. The [policemen's and firemen's] police and fire retirement system 28 may use a part of its funds, not exceeding ten per centum of its assets, 29 (1) for purchasing or leasing of land in the city of Albany and the 30 construction thereon of a suitable office building or buildings for the 31 transaction of the business of the retirement system, (2) for purchasing 32 or leasing of land in the cities of Albany, Syracuse, Buffalo, Bingham- 33 ton, New York, Rochester and Utica and the construction thereon of a 34 suitable office building or buildings for purposes of lease or sale to 35 the state, (3) for purchasing or leasing of land in the city of Albany 36 on the north and south sides of Washington avenue commonly known as the 37 "Campus Site" acquired by the state for a state building site pursuant 38 to the provisions of chapter five hundred seventy-two of the laws of 39 nineteen hundred forty-seven and the construction thereon of power 40 plants including service connections, electric substations including 41 service connections, garages, warehouses and restaurant facilities 42 deemed necessary for the efficient and economical operation of the 43 office building or buildings constructed on such land and (4) for 44 purchasing or leasing of land in the city of Albany acquired by the 45 state for suitable parking facilities for the use primarily of employees 46 of the state and persons having business with state departments and 47 state agencies and the construction thereon of such structures, appurte- 48 nances and facilities deemed necessary for the efficient and economical 49 operation of the parking facilities constructed on such land and (5) for 50 purchasing or leasing of land in locations approved by the state univer- 51 sity trustees and the construction, acquisition, reconstruction, reha- 52 bilitation or improvement of suitable buildings or facilities thereon 53 for purposes of lease or sale to the state university construction fund, 54 such buildings or facilities to be used by the state university or by 55 state-operated institutions or statutory or contract colleges under the 56 jurisdiction of the state university or by the students, faculty andS. 6542--B 85 1 staff of the state university or of any such state-operated institution 2 or statutory or contract college, and their families. 3 The [policemen's and firemen's] police and fire retirement system from 4 time to time may lease to any public agency any portion of a building 5 constructed for the transaction of its business which may not be 6 required for such purpose, upon such terms and conditions as shall be 7 deemed to be for the best interest of the [policemen's and firemen's] 8 police and fire retirement system. 9 Real property of the [policemen's and firemen's] police and fire 10 retirement system acquired or constructed pursuant to this subdivision 11 shall be exempt from taxation. 12 i. At the close of each fiscal year, the average rate of investment 13 earnings of the retirement system shall be computed by the actuary and 14 certified to the comptroller. This rate shall be determined from the 15 investment earnings during the calendar year which ended three months 16 prior to the close of the fiscal year. For any year that such average 17 rate of earnings is in excess of three per centum but not in excess of 18 four per centum, the comptroller shall declare a rate of special inter- 19 est, for members earning regular interest of three per centum, equal to 20 the difference between such average rate of earnings and three per 21 centum, expressed to the lower one-tenth of one per centum, but not in 22 excess of one per centum. For any year, commencing with the fiscal year 23 the first day of which is April first, nineteen hundred seventy, that 24 such average rate of earnings is in excess of four per centum, the 25 special rate of interest for members earning regular interest of three 26 per centum shall be equal to the difference between such average rate of 27 earnings and three per centum, expressed to the lower one-tenth of one 28 per centum, but not in excess of two per centum, and for members earning 29 regular interest of four per centum, it shall be the difference between 30 such average rate of earnings and four per centum, expressed to the 31 lower one-tenth of one per centum, but not in excess of one per centum. 32 Special interest at such rates, shall be credited, by the comptroller at 33 the same time that regular interest is credited, to the individual annu- 34 ity savings accounts of persons who are members as of the close of the 35 fiscal year. Special interest shall not be considered in determining 36 rates of contribution of members. In the case of persons who last became 37 members on or after July first, nineteen hundred seventy-three, the 38 provisions of this subdivision shall apply only to the fiscal years 39 beginning April first, nineteen hundred seventy-two and ending March 40 thirty-first, nineteen hundred seventy-three. 41 j. The retirement system may invest, within the limitations authorized 42 for investments in conventional mortgages, a part of its funds in first 43 mortgages on real property located anywhere within the boundaries of the 44 United States and leased to the government of the United States, 45 provided however, that no such investment shall be made unless the terms 46 of the mortgage shall provide for amortization payments in an amount 47 sufficient to completely amortize the loan within the period of the 48 lease. 49 § 168. Section 314 of the retirement and social security law, as added 50 by chapter 1000 of the laws of 1966, is amended to read as follows: 51 § 314. Legal adviser. The [attorney-general] attorney general of the 52 state shall be the legal adviser of the [policemen's and firemen's] 53 police and fire retirement system. 54 § 169. Section 315 of the retirement and social security law, as added 55 by chapter 1000 of the laws of 1966 and as further amended by sectionS. 6542--B 86 1 104 of part A of chapter 62 of the laws of 2011, is amended to read as 2 follows: 3 § 315. State supervision. The [policemen's and firemen's] police and 4 fire retirement system established by this article shall be subject to 5 the supervision of the superintendent of financial services. Such super- 6 vision shall be in accordance with the provisions of the insurance law 7 to the extent that such provisions are applicable to the [policemen's8and firemen's] police and fire retirement system and are not inconsist- 9 ent with the provisions of this article. 10 § 170. Section 316 of the retirement and social security law, as added 11 by chapter 1000 of the laws of 1966, and subdivision a as amended by 12 chapter 33 of the laws of 1986, is amended to read as follows: 13 § 316. Annual appropriation by state. a. Upon the basis of each annual 14 actuarial valuation and appraisal provided for in this article, the 15 comptroller, on or before the fifteenth day of October of each year, 16 shall prepare and file with the director of the budget an itemized esti- 17 mate of the amounts necessary to be appropriated by the state to the 18 pension accumulation fund and the New York state public employees group 19 life insurance plan, as appropriate. Such itemized estimate may be 20 revised on or before December thirtieth of each such year. Such amounts 21 shall be sufficient to provide for payment in full for (i) the succeed- 22 ing fiscal year of all estimated obligations of the state to the 23 [policemen's and firemen's] police and fire retirement system; and (ii) 24 any actual obligations of the state to such retirement system, remaining 25 unpaid, plus interest on such amount, for the fiscal year ending on the 26 March thirty-first preceding such date; provided, however, that such 27 estimate of actual obligations shall be made commencing with the filings 28 due on October fifteenth, nineteen hundred eighty-seven and thereafter. 29 If, as a result of the estimate required to be made pursuant to clause 30 (i) of the preceding sentence, the state overpaid its actual obligation 31 to the retirement system in any year, the amount estimated in the filing 32 required by this subdivision next succeeding such overpayment shall 33 reflect the amount of such overpayment, plus interest on such amount, as 34 a reduction in amounts that would otherwise be estimated to be due the 35 retirement system from the state. An item of appropriation which shall 36 be sufficient to provide for such obligations shall be included in the 37 next annual appropriation bill when it is presented to the legislature 38 for passage. The amounts so appropriated or so much thereof as may be 39 required shall be paid from the state treasury on warrant of the comp- 40 troller into the pension accumulation fund and the New York state public 41 employees group life insurance plan, as appropriate, on March first of 42 each state fiscal year. For the purposes of this section, interest shall 43 mean the rate or rates of interest used in the actuarial valuations 44 covering the period of time over which such interest is computed. 45 b. On or before the fifteenth day of October of each year the comp- 46 troller shall file with the director of the budget an itemized estimate 47 of the expenses of the [policemen's and firemen's] police and fire 48 retirement system for the ensuing year. The director of the budget may 49 revise and amend such estimate. After such revision and amendment, if 50 any, such director shall approve the same for inclusion in the executive 51 budget. No monies shall be paid out of the pension accumulation fund 52 for such expenses unless expenditures therefor shall have been author- 53 ized by law. 54 c. Whenever the compensation of any member of the [policemen's and55firemen's] police and fire retirement system is paid from a special or 56 administrative fund provided for by law, all contributions to theS. 6542--B 87 1 [policemen's and firemen's] police and fire retirement system including 2 a proportionate share of the administrative expense thereof, which 3 otherwise would be chargeable to the general fund of the state, shall, 4 with the approval of the director of the budget, be paid from such 5 special or administrative fund. 6 § 171. Subdivision a of section 316-a of the retirement and social 7 security law, as added by chapter 33 of the laws of 1986, is amended to 8 read as follows: 9 a. On or before September first, nineteen hundred eighty-six, on the 10 basis of the annual actuarial valuation and appraisal procedure provided 11 for in this article, the comptroller shall determine the annual amounts 12 that, had this section not been enacted, would have been required to be 13 paid into the pension accumulation fund and the New York state public 14 employees group life insurance plan, as appropriate, from the general 15 fund of the state for all obligations of the state to the [policemen's16and firemen's] police and fire retirement system, not discharged prior 17 to such date, for state fiscal years ending March thirty-first, nineteen 18 hundred eighty-five and March thirty-first, nineteen hundred eighty-six 19 and amounts for the state's contribution for the retirement incentive 20 program that would, had this section not been enacted, be due to be paid 21 into the pension accumulation fund during fiscal years ending March 22 thirty-first, nineteen hundred eighty-seven and March thirty-first, 23 nineteen hundred eighty-eight. Such amounts shall include interest, as 24 defined in section three hundred sixteen of this article through the 25 last day of February, nineteen hundred eighty-seven. The sum of such 26 amounts shall be called the "amount to be amortized". 27 § 172. Paragraph 5 of subdivision a of section 318 of the retirement 28 and social security law, as added by chapter 1000 of the laws of 1966, 29 is amended to read as follows: 30 5. The expenses of the [policemen's and firemen's] police and fire 31 retirement system, as provided for or granted under the provisions of 32 this article. In the case of employer contributions required to be made 33 for prior service allowed pursuant to paragraph three of subdivision b 34 of section three hundred forty-one of this article, the provisions of 35 such paragraph three shall govern. 36 § 173. Section 319 of the retirement and social security law, as added 37 by chapter 177 of the laws of 1986, is amended to read as follows: 38 § 319. Filing of documents with the retirement system. Whenever a 39 statute requires that a document be filed with the state comptroller, as 40 administrative head of the New York state [policemen's and firemen's] 41 and local police and fire retirement system, within a prescribed period 42 of time or by a specified date, and such document has been mailed to the 43 comptroller or the retirement system by United States Postal Service 44 certified mail, return receipt requested, the document shall be deemed 45 filed on the date of mailing. Notwithstanding this provision, no docu- 46 ment shall be deemed filed on the date of mailing unless it is actually 47 received by the retirement system as a result of such mailing. 48 § 174. Section 320 of the retirement and social security law, as added 49 by chapter 1000 of the laws of 1966, is amended to read as follows: 50 § 320. The funds of the [policemen's and firemen's] police and fire 51 retirement system. The funds hereby created are as follows: 52 (a) the [policemen's and firemen's] police and fire annuity savings 53 fund, hereinafter referred to as the annuity savings fund; 54 (b) the [policemen's and firemen's] police and fire annuity reserve 55 fund, hereinafter referred to as the annuity reserve fund;S. 6542--B 88 1 (c) the [policemen's and firemen's] fire and police pension accumu- 2 lation fund, hereinafter referred to as the pension accumulation fund; 3 (d) the [policemen's and firemen's] police and fire pension reserve 4 fund, hereinafter referred to as the pension reserve fund. 5 § 175. Paragraph 1 of subdivision h, paragraph 1 of subdivision i, 6 subdivision j, and paragraph 1 of subdivision l of section 321 of the 7 retirement and social security law, as added by chapter 1000 of the laws 8 of 1966, and paragraph 1 of subdivision l as amended by chapter 601 of 9 the laws of 1978, are amended to read as follows: 10 1. A member of the [policemen's and firemen's] police and fire retire- 11 ment system, whose retirement contributions to the New York state 12 employees' retirement system were determined by fixing the value of his 13 or her maintenance at one-half the cash compensation received by him or 14 her and whose contributions were subsequently reduced by the fixing of a 15 lower value for the same maintenance theretofore furnished, may elect to 16 have his or her contributions computed on the basis of his or her gross 17 compensation as established prior to such reduction in value of mainte- 18 nance, provided that: 19 1. Any member of the [policemen's and firemen's] police and fire 20 retirement system, upon forms prescribed and furnished by the comp- 21 troller, may elect to make additional contributions at the rate of fifty 22 per centum of his or her rate of normal contribution for the purpose of 23 purchasing additional annuity. 24 j. Where a member's rate of contribution is reduced because his or her 25 employer contributes toward pensions-providing-for-increased-take-home- 26 pay pursuant to section three hundred seventy-a of this article, such 27 member may by written notice duly acknowledged and filed with the comp- 28 troller within one year after such reduction or within one year after he 29 or she last became a member, whichever is later, elect to waive such 30 reduction. One year or more after the filing thereof, a member may with- 31 draw any such waiver by written notice duly acknowledged and filed with 32 the comptroller. Where a member makes an election to waive such 33 reduction, he or she shall contribute to the [policemen's and firemen's] 34 police and fire retirement system as otherwise provided in this article. 35 1. Any member of the [policemen's and firemen's] police and fire 36 retirement system who is not otherwise required by law to make contrib- 37 utions may elect to make voluntary contributions for the purpose of 38 purchasing additional annuity. 39 § 176. Subdivision d of section 322 of the retirement and social secu- 40 rity law, as added by chapter 1000 of the laws of 1966, is amended to 41 read as follows: 42 d. If a member, retired for any reason, returns to active police or 43 fire service and again becomes a member of the [policemen's and fire-44men's] police and fire retirement system, his or her annuity reserve 45 shall be transferred from the annuity reserve fund to the annuity 46 savings fund. 47 § 177. Paragraph 2 of subdivision a of section 323 of the retirement 48 and social security law, as added by chapter 1000 of the laws of 1966, 49 is amended to read as follows: 50 2. All income received from the investments of the [policemen's and51firemen's] police and fire retirement system, and 52 § 178. Subdivision e of section 324 of the retirement and social secu- 53 rity law, as added by chapter 1000 of the laws of 1966, is amended to 54 read as follows: 55 e. If a member, retired for any reason, returns to active police or 56 fire service and again becomes a member of the [policemen's and fire-S. 6542--B 89 1men's] police and fire retirement system, his or her pension reserve 2 shall be transferred from the pension reserve fund to the pension accu- 3 mulation fund. 4 § 179. Subdivisions a and b of section 330 of the retirement and 5 social security law, as added by chapter 1000 of the laws of 1966, are 6 amended to read as follows: 7 a. Every municipality (exclusive of those maintaining a local pension 8 system for all its [policemen and firemen] police officers and fire- 9 fighters) employing [policemen and firemen] police officers and fire- 10 fighters must participate in the [policemen's and firemen's] police and 11 fire retirement system, and such participation shall be irrevocable. 12 b. A municipality maintaining a local pension system for its [police-13men and firemen] police officers and firefighters may elect to partic- 14 ipate in the [policemen's and firemen's] police and fire retirement 15 system upon the petition of sixty per centum of the members of the local 16 pension system for [policemen and firemen] police officers and fire- 17 fighters. Such election shall be exercised by the adoption of a resol- 18 ution approved by its local legislative body and any other body or offi- 19 cer required by law to approve resolution of such local legislative 20 body. Upon the filing of a certified copy of such resolution with the 21 comptroller, such election shall be irrevocable, and the municipality 22 shall become a participating employer. As of the date such participation 23 is approved: 24 1. The operation of such local pension system shall be discontinued. 25 2. The existing pensioners and annuitants of such local pension system 26 shall be continued and paid at their existing rates by the [policemen's27and firemen's] police and fire retirement system. 28 3. Any cash and securities to the credit of such local pension system 29 shall be transferred to the [policemen's and firemen's] police and fire 30 retirement system. 31 4. The trustees or other administrative head of such local pension 32 system shall certify the proportion, if any, of the funds of such system 33 that represents the accumulated contributions of the members and the 34 individual shares of the members therein. Such shares shall be credited 35 to the respective annuity savings accounts of such members in this 36 retirement system. The balance of the funds so transferred to the 37 [policemen's and firemen's] police and fire retirement system shall be 38 offset against the liability on account of existing pensioners, annui- 39 tants and active members. The resulting liability so determined shall be 40 the basis for the rate of deficiency contribution of such county, city, 41 town or village as determined pursuant to section twenty-three of this 42 article. 43 § 180. Section 331 of the retirement and social security law, as added 44 by chapter 1000 of the laws of 1966, subdivision b as amended by chapter 45 628 of the laws of 1991, and subdivision d as further amended by section 46 104 of part A of chapter 62 of the laws of 2011, is amended to read as 47 follows: 48 § 331. Participation by public or quasi-public organizations. a. Any 49 public or quasi-public organization which heretofore joined the New York 50 state and local employees' retirement system, on behalf of its [police-51men and firemen] police officers and firefighters, shall on and after 52 April first, nineteen hundred sixty-seven, participate, on behalf of 53 such [policemen and firemen] police officers and firefighters, in the 54 [policemen's and firemen's] police and fire retirement system pursuant 55 to the provisions of this article.S. 6542--B 90 1 b. On and after April first, nineteen hundred sixty-seven, any public 2 or quasi-public organization created wholly or partly or deriving its 3 powers by the legislature of the state and which organization employs 4 [policemen and firemen] police officers and firefighters engaged in 5 service to the public, by resolution legally adopted by its governing 6 body and approved by the comptroller, may elect to have its [policemen7and firemen] police officers and firefighters become eligible to partic- 8 ipate in the New York state and local police and fire retirement system. 9 Acceptance of the officers and employees of such an employer for member- 10 ship in the New York state and local police and fire retirement system 11 shall be optional with the comptroller. If he or she shall approve their 12 participation, such organization, except as specifically provided in 13 this article to the contrary, shall thereafter be treated as a partic- 14 ipating employer. Notwithstanding the foregoing provisions of this 15 subdivision, The Long Island Rail Road Company, upon its election filed 16 with the comptroller, shall participate in the New York state and local 17 police and fire retirement system with respect to LIRR police officers 18 as defined in paragraph two of subdivision a of section three hundred 19 eighty-nine of this article who are referred to in paragraph three of 20 subdivision b or in paragraph one of subdivision c of section three 21 hundred forty of this article, their benefits to be as provided in or 22 pursuant to such section three hundred eighty-nine, provided that such 23 election may only be made subsequent to the latest date of the enactment 24 of federal legislation or receipt of assurance or relief from the rele- 25 vant federal agency or agencies for all of the following: removal of 26 such LIRR police officers from coverage under the Federal Employers' 27 Liability Act and the federal Railway Labor Act, removal of such LIRR 28 police officers from coverage under the federal Railroad Retirement Act 29 and the federal Railroad Unemployment Insurance Act and exemption for 30 such LIRR police officers and The Long Island Railroad Company from 31 liability either for taxes under the federal Railroad Retirement Tax Act 32 or the federal Railroad Unemployment Repayment Tax, and further provided 33 that the authority for such election shall expire and be null and void 34 if each such enactment or receipt is not effected on or before June 35 fifteenth, nineteen hundred ninety-six. 36 c. The officers and employees of such organization shall be credited 37 with such periods of prior service as shall be certified by their 38 employer for service rendered to it, or its predecessor, or the state, 39 or in any other capacity approved by such employer and the comptroller. 40 Service for such employer after the date on which it commences to 41 participate in the [policemen's and firemen's] police and fire retire- 42 ment system and on account of which such employer pays contributions 43 shall be considered as member service. An officer or employee of such 44 employer who, as of the date he or she is so approved for membership in 45 the [policemen's and firemen's] police and fire retirement system, is 46 already a member thereof, shall not have his or her total credit reduced 47 by such approval. Any reserve held on account of any such officer or 48 employee in the pension accumulation fund shall be used as an offset 49 against the deficiency contribution payable thereafter by such employer 50 on account of such officer or employee for any prior service credit and 51 any such previous credit. Except as otherwise provided in this article, 52 a [policeman or fireman] police officer or firefighter of such employer 53 who, by reason of his or her service, is a member of any other govern- 54 mental retirement system shall not participate in the [policemen's and55firemen's] police and fire retirement system on that part of his or her 56 compensation so covered. The term "governmental retirement system," asS. 6542--B 91 1 used in this subdivision, shall include any retirement system wholly or 2 partly maintained by this state, by a municipality of this state, by 3 another state or political subdivision thereof, by the United States 4 government, or by any foreign country or political subdivision thereof. 5 The provision in subdivision b of this section [three hundred thirty-6one the retirement and social security law] limiting participation in 7 the New York state [policemen's and firemen's] police and fire retire- 8 ment system by reason of membership in another governmental retirement 9 system shall not diminish or in any other way affect the prior or 10 continual membership in the New York state [policemen's and firemen's] 11 police and fire retirement system, or any rights or benefits heretofore 12 or hereafter arising therefrom, of any officer or employee of a public 13 or quasi-public organization who (1) is in the service of such employer 14 at the time this act takes effect, or was in such service prior thereto, 15 and (2) by reason of such service is or was a member of any retirement 16 system maintained by the United States government. 17 d. An agreement, made by such an employer pursuant to this section, to 18 contribute on account of its officers and employees shall be irrev- 19 ocable. In the event that such employer for any reason becomes finan- 20 cially unable to make the contributions required on account of its offi- 21 cers and employees, it shall be deemed to be in default. A certificate 22 to such effect thereupon shall be sent by the comptroller to the employ- 23 er and to the state superintendent of financial services. Every member 24 of the [policemen's and firemen's] police and fire retirement system, 25 who was an officer or employee of such employer at the time of default, 26 upon demand made within ninety days thereafter, shall be entitled to 27 discontinue his or her membership in the [policemen's and firemen's] 28 police and fire retirement system and to a refund of his or her accumu- 29 lated contributions. As of a date ninety days following the date of such 30 certificate of default, the actuary of the [policemen's and firemen's] 31 police and fire retirement system, by actuarial valuation, shall deter- 32 mine the amount of the reserves held on account of each active member 33 and pensioner of such employer. He or she shall credit to each such 34 member and pensioner the amount of reserve so held. In the event such an 35 active member does not discontinue his or her membership and thus become 36 entitled to the refund of his or her accumulated contributions, the 37 reserve so credited, together with the amount of his or her accumulated 38 contributions shall be used to provide him or her a paid up deferred 39 annuity beginning at age sixty. The reserve of each pensioner shall be 40 used in providing such part of his or her existing pension as the 41 reserve so held will provide, which pension, together with his or her 42 annuity, shall thereafter be payable to him or her. The rights and priv- 43 ileges of both active members and pensioners of such employer shall 44 thereupon terminate except as to the payment of the deferred annuities 45 so provided for the previous active members and the annuities and the 46 pensions, or parts thereof provided for the pensioners. 47 e. Notwithstanding anything to the contrary, the [policemen's and48firemen's] police and fire retirement system shall not be liable for the 49 payment of any pensions or other benefits on account of the officers, 50 employees or pensioners of any employer under this section for which 51 reserves have not been previously created from funds contributed by such 52 employer or its officers or employees for such benefits. This provision 53 shall not apply to any municipality which elected to participate in the 54 retirement system under former section seventy-five-a of this law prior 55 to July first, nineteen hundred forty-eight.S. 6542--B 92 1 § 181. The section heading, the opening paragraph and paragraphs 1 and 2 2 of subdivision b, the opening paragraph and paragraphs 1, 2 and 3 of 3 subdivision c, paragraph 2 of subdivision d, the opening paragraph and 4 paragraph 1 of subdivision e, and the opening paragraph of subdivision f 5 of section 340 of the retirement and social security law, as added by 6 chapter 1000 of the laws of 1966, and paragraph 2 of subdivision d as 7 amended by chapter 591 of the laws of 1967, are amended to read as 8 follows: 9 Membership of the [policemen's and firemen's] police and fire retire- 10 ment system. 11 Membership in the [policemen's and firemen's] police and fire retire- 12 ment system shall be mandatory for the following: 13 1. [Policemen and firemen] Police officers and firefighters now 14 employed or hereafter appointed by an employer. 15 2. [Policemen and firemen] Police officers and firefighters now 16 employed or hereafter appointed by a participating employer in a posi- 17 tion in the classified civil service, other than in a position in the 18 exempt class, and who is not eligible to become a member of a local 19 pension system. The employers of such [policemen and firemen] police 20 officers and firefighters shall pay into the pension accumulation fund 21 the amount required to pay the accrued liability on account of such 22 [policemen and firemen] police officers and firefighters, as computed by 23 the actuary. Such payments shall be made in such installments as the 24 comptroller shall require. 25 The following may become members of the [policemen's and firemen's] 26 police and fire retirement system: 27 1. [Policemen and firemen] Police officers and firefighters in the 28 service of a public or quasi-public organization if their employer has 29 elected to participate as provided in section three hundred thirty-one 30 of this article. 31 2. Officers and employees of the federal government who have at least 32 five years of member service credit at the time they become federal 33 officers or employees may continue as contributing members. The 34 provisions of this paragraph [two] shall not affect the membership of 35 officers and employees of the federal government heretofore commenced or 36 continued hereunder, provided, however, that all memberships hereunder 37 shall be conditioned upon the receipt by the [policemen's and firemen's] 38 police and fire retirement system of the payments required by section 39 three hundred forty-two of this article. 40 3. Notwithstanding any inconsistent provision of subdivision e of this 41 section, or of this chapter or of any other law, an officer or employee 42 in the service of the state or of a participating employer who, at the 43 time of entering such service, was or is entitled to benefits by any 44 other pension or retirement system maintained by the state or a poli- 45 tical subdivision thereof, provided such benefits, exclusive of any 46 annuity based solely on his or her own contributions and interest there- 47 on, are suspended during his or her active membership in the [police-48men's and firemen's] police and fire retirement system. He or she shall 49 contribute to the retirement system as a new member. 50 2. Any public authority or public corporation organized pursuant to 51 the laws of this state and which is not a participating employer, may 52 file a written election with the comptroller stating that he or she 53 elects to continue as a member. Such election shall be subject to the 54 approval of the comptroller and such continuance shall be conditioned 55 upon the receipt by the [policemen's and firemen's] police and fireS. 6542--B 93 1 retirement system of the payments required by section three hundred 2 forty-two of this article. 3 Any person who is or may be entitled to benefits by any other law 4 providing for pensions and annuities for civil service employees, wholly 5 or partly at the expense of the state or of a political subdivision 6 thereof, shall not be a member of the [policemen's and firemen's] police 7 and fire retirement system. This provision, however, shall not: 8 1. Affect the membership of any person who was a member of the New 9 York state and local employees' retirement system on April first, nine- 10 teen hundred sixty-seven and who became a member of the [policemen's and11firemen's] police and fire retirement system after such date. 12 Membership in the [policemen's and firemen's] police and fire retire- 13 ment system shall cease upon the occurrence of any one of the following 14 conditions: 15 § 182. Paragraph 1 of subdivision c of section 340 of the retirement 16 and social security law, as amended by chapter 628 of the laws of 1991, 17 is amended to read as follows: 18 1. [Policemen and firemen] Police officers and firefighters in the 19 service of a public or quasi-public organization, if their employer has 20 elected to participate as provided in section three hundred thirty-one 21 of this article, including each LIRR police officer as defined in para- 22 graph two of subdivision a of section three hundred eighty-nine of this 23 article who is such on the effective date of such section three hundred 24 eighty-nine and who files an election with the comptroller in accordance 25 with subdivision a of this section within ninety days after the effec- 26 tive date of section three hundred eighty-nine of this article. Such an 27 election by a LIRR police officer shall be effective as of such effec- 28 tive date and shall be a waiver of any and all rights such officer may 29 have had to benefits under any pension plan sponsored by The Long Island 30 Rail Road Company other than the retirement plan provided for in section 31 three hundred eighty-nine of this article. 32 § 183. Paragraphs 6 and 7 of subdivision b, subparagraph (b) of para- 33 graph 2 of subdivision c, paragraph 2 of subdivision f, and paragraph 4 34 of subdivision h of section 341 of the retirement and social security 35 law, as added by chapter 1000 of the laws of 1966, are amended to read 36 as follows: 37 6. Civil service in any capacity as an officer or employee of the 38 federal government, or military duty in the armed forces of the federal 39 government and not otherwise creditable, rendered or performed by a 40 member prior to the time he or she last became a member. The allowance 41 of credit for such service shall be conditioned upon the receipt by the 42 [policemen's and firemen's] police and fire retirement system of all the 43 payments required to be made on account thereof by section three hundred 44 forty-two of this article. 45 7. Civil service rendered as an officer or employee of the federal 46 government as provided in subdivision d of section three hundred forty 47 of this article. The allowance of credit for such service shall be 48 conditioned upon the receipt by the retirement system of all the 49 payments required to be made on account thereof by section three hundred 50 forty-two of this article. Except as so provided, employment by the 51 federal government shall not entitle a person to contribute to the 52 [policemen's and firemen's] police and fire retirement system during the 53 period of such employment. 54 (b) Redeposits such withdrawn amount in the annuity savings fund, 55 either in a lump sum or in installments; provided, however, that a 56 member joining the [policemen's and firemen's] police and fire retire-S. 6542--B 94 1 ment system pursuant to paragraph three of subdivision c of section 2 three hundred forty of this article shall not be permitted to purchase 3 credit for, or otherwise be allowed credit for the previous service upon 4 which his or her retirement or pension from another pension or retire- 5 ment system is or would be based. If such payment be made in install- 6 ments, the same shall be paid within a period no greater than the number 7 of months of member service lost by such withdrawal. 8 2. Upon such return to service, such member shall contribute to the 9 [policemen's and firemen's] police and fire retirement system as a new 10 member. 11 4. A member's prior service certificate, certificate for service in 12 war after world war I, or any such certificate as modified, shall become 13 void upon the termination of his or her membership in the [policemen's14and firemen's] police and fire retirement system. Except as provided by 15 subdivision d of section four hundred two of this article, resumption of 16 membership after such termination shall be without credit for prior 17 service or service in war after world war I. 18 § 184. The opening paragraph of subdivision a, paragraph 1 of subdivi- 19 sion b, the opening paragraph and paragraph 6 of subdivision g, and 20 subdivision h of section 350 of the retirement and social security law, 21 as added by chapter 1000 of the laws of 1966, and paragraph 1 of subdi- 22 vision b and the opening paragraph of subdivision g as amended by chap- 23 ter 454 of the laws of 1991, are amended to read as follows: 24 The following may borrow from the [policemen's and firemen's] police 25 and fire retirement system: 26 1. An amount so borrowed, together with interest on any unpaid 27 balances thereof, shall be repaid in equal installments which shall be 28 deducted from the member's compensation. Such additional contributions 29 shall be in such amount as the comptroller shall approve. They shall, 30 however, be at least equal to the member's normal contribution to the 31 [policemen's and firemen's] police and fire retirement system, or ten 32 dollars per month, whichever is lower. 33 Each loan made pursuant to this section shall be insured against the 34 death of the member. Such insurance shall be provided by the comptroller 35 through the [policemen's and firemen's] police and fire retirement 36 system upon the following basis: 37 6. Continuity of insurance not obligatory. This subdivision [g] shall 38 not impose any obligation whatsoever upon the [policemen's and fire-39men's] police and fire retirement system or any employer to continue to 40 insure loans of members upon the terms and conditions herein provided or 41 upon any other terms and conditions. 42 h. Loans made to certain [policemen and firemen] police officers and 43 firefighters. Each loan made to [policemen and firemen] police officers 44 and firefighters while such persons were members of the New York state 45 and local employees' retirement system shall be repaid according to the 46 provisions of subdivision b of this section. 47 § 185. Paragraph 2 of subdivision b of section 351 of the retirement 48 and social security law, as added by chapter 1000 of the laws of 1966, 49 is amended to read as follows: 50 2. Last became a member of the state employees' retirement system 51 before April sixth, nineteen hundred forty-three, and subsequently 52 became a member of the [policemen's and firemen's] police and fire 53 retirement system, or 54 § 186. The second undesignated paragraph of subdivision b of section 55 360 of the retirement and social security law, as amended by chapter 56 1046 of the laws of 1973, is amended to read as follows:S. 6542--B 95 1 In the case of a retired member who has returned to service, total 2 service credit for purposes of this section only, shall include service 3 rendered prior to his or her retirement, provided that he or she shall 4 have rendered at least one year of service since he or she last became a 5 member or provided he or she shall have rendered since he or she 6 returned to public service one year of service during which he or she 7 elected pursuant to subdivision a of section four hundred one of this 8 article not to be restored to membership in the [policemen's and fire-9men's] police and fire retirement system. The member's accumulated 10 contributions shall be refunded in accordance with subdivision d of 11 section three hundred fifty-one of this article. 12 § 187. Paragraph 3 of subdivision a of section 361 of the retirement 13 and social security law, as added by chapter 1000 of the laws of 1966, 14 is amended to read as follows: 15 3. At the time of such accident was actually a member of the [police-16men's and firemen's] police and fire retirement system. 17 Where the claimant is an infant or is mentally or physically incapaci- 18 tated, and because of the aforesaid disability application for acci- 19 dental death benefit is not filed within the time specified by this 20 subdivision, or where a person entitled to make a claim dies before the 21 expiration of the time so specified, the comptroller in his or her 22 discretion may grant leave to file such application within a reasonable 23 time after the expiration of the time specified in this subdivision. 24 § 188. Item (cc) of clause 2 of subparagraph (c) of paragraph 2 of 25 subdivision b of section 362 of the retirement and social security law, 26 as amended by chapter 1046 of the laws of 1973, is amended to read as 27 follows: 28 (cc) If not reduced by reason of the member's election to decrease his 29 or her annuity contributions to the [policemen's and firemen's] police 30 and fire retirement system in order to apply the amount of such 31 reduction in payment of his or her contributions for old-age and survi- 32 vors insurance coverage. 33 § 189. Paragraph 1 of subdivision a of section 363 of the retirement 34 and social security law, as amended by chapter 489 of the laws of 2008, 35 is amended to read as follows: 36 1. Physically or mentally incapacitated for performance of duty as the 37 natural and proximate result of an accident not caused by his or her own 38 willful negligence sustained in such service and while actually a member 39 of the [policemen's and firemen's] police and fire retirement system, 40 and 41 § 190. Subparagraph (a) of paragraph 2 of subdivision b of section 42 363-b of the retirement and social security law, as amended by chapter 43 489 of the laws of 2008, is amended to read as follows: 44 (a) Physically or mentally incapacitated for performance of duty as 45 the natural and proximate result of a disability not caused by his or 46 her own willful negligence sustained in such service and while actually 47 a member of the [policemen's and firemen's] police and fire retirement 48 system, or 49 § 191. Paragraph 1 of subdivision b of section 363-c of the retirement 50 and social security law, as amended by chapter 690 of the laws of 1987, 51 is amended to read as follows: 52 1. Physically or mentally incapacitated for performance of duty as the 53 natural and proximate result of a disability not caused by his or her 54 own willful negligence sustained in such service and while actually a 55 member of the [policemen's and firemen's] police and fire retirement 56 system, andS. 6542--B 96 1 § 192. Subparagraph (a) of paragraph 2 of subdivision b of section 2 363-e of the retirement and social security law, as added by chapter 208 3 of the laws of 1997, is amended to read as follows: 4 (a) Physically or mentally incapacitated for performance of duty as 5 the natural and proximate result of a disability not caused by his/her 6 own willful negligence sustained in such service and while actually a 7 member of the [policemen's and firemen's] police and fire retirement 8 system, or 9 § 193. Subdivision b of section 364 of the retirement and social secu- 10 rity law, as amended by chapter 661 of the laws of 1984, is amended to 11 read as follows: 12 b. A final determination of the state workers' compensation board that 13 benefits are payable pursuant to the workers' compensation law by reason 14 of the accidental disability or accidental death of a member of the 15 [policemen's and firemen's] police and fire retirement system shall not 16 in any respect be, or constitute, a determination that an accidental 17 disability retirement allowance, a disability incurred in performance of 18 duty allowance or an accidental death benefit is payable on account 19 thereof pursuant to the provisions of this article. 20 § 194. The opening paragraph of subdivision a of section 370-a of the 21 retirement and social security law, as amended by chapter 1046 of the 22 laws of 1973, is amended to read as follows: 23 Beginning with a payroll period commencing as specified by a partic- 24 ipating employer electing to contribute pursuant to the provisions of 25 this section the contribution of each member of the [policemen's and26firemen's] police and fire retirement system in the employ of such a 27 participating employer, exclusive of any increase thereof pursuant to 28 subdivision i of section three hundred twenty-one of this chapter or of 29 any reduction thereof pursuant to subdivision one of section one hundred 30 thirty-eight-b of article three of this chapter, shall be reduced by 31 five per centum of the compensation of such member. Beginning with a 32 payroll period commencing as specified by a participating employer, 33 specifically electing, as provided in subdivision c of this section, to 34 contribute at the higher rate pursuant to the provisions of this section 35 the contribution of each member of the retirement system in the employ 36 of such a participating employer, exclusive of any increase thereof 37 pursuant to subdivision i of section twenty-one of this chapter or of 38 any reduction thereof pursuant to subdivision one of section one hundred 39 thirty-eight-b of this chapter, shall be reduced by an additional three 40 per centum of the compensation of such member. Where a member's rate of 41 contribution as so qualified is less than the per centum by which his 42 contribution is reduced, such rate shall be discontinued. Such a 43 reduction or discontinuance, as the case may be, shall: 44 § 195. Section 371 of the retirement and social security law, as added 45 by chapter 1000 of the laws of 1966, is amended to read as follows: 46 § 371. Optional retirement at age fifty-five; alternative plan. a. 47 Any member of the [policemen's and firemen's] police and fire retirement 48 system, who, while a member of the state employees' retirement system, 49 elected to contribute on a basis of retirement at age fifty-five pursu- 50 ant to section seventy-one of this chapter and who did not withdraw such 51 election as therein provided shall, contribute to the [policemen's and52firemen's] police and fire retirement system at the rate prescribed by 53 such section, and if such member retires under the provisions of such 54 section his retirement allowance shall be computed according to the 55 provisions of such section.S. 6542--B 97 1 § 196. The opening paragraph of subdivision a of section 371-a of the 2 retirement and social security law, as added by chapter 1000 of the laws 3 of 1966, is amended to read as follows: 4 Any member of the [policemen's and firemen's] police and fire retire- 5 ment system, who has not by voluntary election on or after April first, 6 nineteen hundred sixty-seven withdrawn the excess contributions author- 7 ized by subdivision d of this section, by written notice duly acknowl- 8 edged and filed with the comptroller on or before December thirty-first, 9 nineteen hundred sixty-seven or within one year after he or she last 10 became a member, whichever is later, may elect to contribute pursuant to 11 this section on the basis of retirement at age fifty-five. After such 12 election the member shall contribute pursuant to this section at the 13 higher rate determined in accordance with this subdivision [a]. Such 14 higher rate shall be determined by the actuary upon the basis of tables 15 adopted by the comptroller and regular interest. Such higher rate shall 16 consist of the member's rate of normal contribution plus an additional 17 rate. Such higher rate shall be computed as the constant proportion of 18 annual compensation which, when deducted from each payment of such 19 member's prospective earnable compensation from the time when he or she 20 last became a member until he or she shall attain age fifty-five, would 21 provide, at such latter time, an annuity equal to one-one hundred twen- 22 tieth of his or her final average salary for each year of member service 23 rendered or which he or she will have rendered prior to his or her 24 attainment of age fifty-five and for which he or she shall be entitled 25 to credit. Such higher rate of contribution of a member who is over age 26 fifty-four, at the time of his or her last becoming a member, shall be 27 the same as if his or her age were fifty-four. Where a member elects to 28 contribute pursuant to this section, contributions at such higher rate 29 shall be made from May fifteenth, nineteen hundred sixty-seven or from 30 the date he or she last became a member, whichever is later. 31 § 197. Section 372 of the retirement and social security law, as added 32 by chapter 1000 of the laws of 1966, is amended to read as follows: 33 § 372. Optional retirement at age fifty-five; closed plan. a. Any 34 member of the [policemen's and firemen's] police and fire retirement 35 system who, while a member of the state employees' retirement system, 36 elected to contribute on a basis of retirement at age fifty-five pursu- 37 ant to the provisions of section seventy-two of this chapter and who did 38 not withdraw his or her election as therein provided shall contribute to 39 the [policemen's and firemen's] police and fire retirement system at the 40 rate prescribed by such section, and if such member retires his or her 41 retirement allowance shall be computed according to the provisions of 42 such section. 43 § 198. The opening paragraph of subdivision a and the opening para- 44 graph of subdivision b of section 373 of the retirement and social secu- 45 rity law, as added by chapter 1000 of the laws of 1966, are amended to 46 read as follows: 47 Persons who last became members of the New York state and local 48 employees' retirement system before April eighth, nineteen hundred 49 forty-three and became members of the [policemen's and firemen's] police 50 and fire retirement system on or after April first, nineteen hundred 51 sixty-seven, and who as members of state system became members of this 52 system: 53 Persons who last became members of the New York state and local 54 employees' retirement system on or after April eighth, nineteen hundred 55 forty-three and who became members of the [policemen's and firemen's] 56 police and fire retirement system on or after April first, nineteenS. 6542--B 98 1 hundred sixty-seven or persons who became members of the latter system 2 on or after April first, nineteen hundred sixty-seven, and who: 3 § 199. The opening paragraph of subdivision c and the opening para- 4 graph of subdivision d of section 375 of the retirement and social secu- 5 rity law, as amended by chapter 559 of the laws of 1967, are amended to 6 read as follows: 7 Upon retirement for superannuation on or after attainment of age 8 fifty-five or for any other cause after attainment of age sixty, of a 9 member who is contributing to the [policemen's and firemen's] police and 10 fire retirement system on the basis of retirement at age fifty-five 11 pursuant to section three hundred seventy-one of this article, he or she 12 shall receive a retirement allowance which shall consist of: 13 Upon retirement for superannuation on or after attainment of age 14 fifty-five or for any other cause after attainment of age sixty, of a 15 member who is contributing to the [policemen's and firemen's] police and 16 fire retirement system on the basis of retirement at age fifty-five 17 pursuant to section three hundred seventy-one-a of this article, he or 18 she shall receive a retirement allowance which shall consist of: 19 § 200. Subdivision f of section 378 of the retirement and social secu- 20 rity law, as amended by chapter 343 of the laws of 1978, is amended to 21 read as follows: 22 f. The supplemental retirement allowance authorized by this section 23 shall also be paid in the same manner set forth above to a [policeman or24fireman] police officer and firefighter sixty-two years of age or older 25 who is retired, or any person retired for disability regardless of age, 26 or any spouse qualifying pursuant to subdivision h of this section, and 27 who receives, as a result, a retirement allowance or pension from any 28 state administered and operated retirement or pension plan or system, 29 not including, however, the New York state teachers retirement system. 30 § 201. The opening paragraph of subdivision a, and subdivisions c and 31 f of section 381 of the retirement and social security law, as added by 32 chapter 1000 of the laws of 1966, are amended to read as follows: 33 Any member in the division of state police in the executive department 34 who elected on or before January first, nineteen hundred forty-nine, to 35 contribute to the New York state employees' retirement system pursuant 36 to the provisions of former section eighty-one of this chapter in force 37 prior to April first, nineteen hundred sixty-seven, shall contribute to 38 the [policemen's and firemen's] police and fire retirement system on the 39 basis of retirement upon his or her: 40 c. Subject to the provisions of subdivisions a and b of this section, 41 every employee in the service of such division who is not a member of 42 the [policemen's and firemen's] police and fire retirement system may 43 elect to become a member. He or she thereupon shall contribute to the 44 retirement system under the provisions of this section and be entitled 45 to benefits as provided in this section. No such employee, however, 46 shall be given credit for service rendered prior to April sixteenth, 47 nineteen hundred thirty-eight, unless he or she became a member of the 48 state employees' retirement system on or before January first, nineteen 49 hundred forty-nine. Any such employee who becomes a member on or before 50 January first, nineteen hundred forty-nine, shall be entitled to credit 51 for past service in the division as if he or she had become a member 52 when first eligible. Such employee, however, shall pay the contributions 53 he or she would have made prior to such date had he or she been a member 54 during such service. The amount of such contributions shall be paid in 55 a lump sum or in such installments as the comptroller shall approve. In 56 lieu of such payment, however, such employee may receive on retirementS. 6542--B 99 1 the benefit otherwise provided by this section, less such annuity as is 2 the actuarial equivalent of such unpaid contributions. 3 f. The increased pensions to members of the division, as provided by 4 this section, shall be paid from additional contributions made by the 5 state on account of such members. The actuary of the [policemen's and6firemen's] police and fire retirement system shall compute the addi- 7 tional contribution of each member who elects the special benefits 8 provided under this section. Such additional contributions shall be 9 computed on the basis of contributions during the prospective service of 10 such member which will cover the liability of the [policemen's and fire-11men's] police and fire retirement system for such extra pensions. Upon 12 approval by the comptroller, such additional contributions shall be 13 certified by him or her to the superintendent of state police. The 14 amount thereof shall be included in the annual appropriation of the 15 state for state police. Such amount shall be paid on the warrant of the 16 comptroller to the pension accumulation fund of the retirement system. 17 § 202. Subdivisions a and c, the closing paragraph of subdivision d 18 and subdivision e of section 381-a of the retirement and social security 19 law, as added by chapter 1000 of the laws of 1966, are amended to read 20 as follows: 21 a. Every member or officer of the division of state police in the 22 executive department who enters or re-enters service in the division on 23 or after May first, nineteen hundred sixty-one shall contribute to the 24 [policemen's and firemen's] police and fire retirement system in the 25 manner provided for by this section. 26 c. A member who elects or is required to contribute in accordance with 27 this section, shall contribute, in lieu of the proportion of compen- 28 sation as provided in section three hundred twenty-one of this article, 29 a proportion of his or her compensation similarly determined. Such 30 latter proportion shall be computed to provide, at the time when he or 31 she shall first become eligible for retirement under this section, an 32 annuity equal to one-one hundredth of his or her final average salary 33 for each year of service as a member of the state employees' retirement 34 system or the [policemen's and firemen's] police and fire retirement 35 system rendered after April sixteenth, nineteen hundred thirty-eight, 36 and prior to the attainment of the age when he or she shall first become 37 eligible for retirement. Such member's rate of contribution pursuant to 38 this section shall be appropriately reduced pursuant to section three 39 hundred seventy-a of this article for such period of time as his or her 40 employer contributes pursuant to such section toward pensions-provid- 41 ing-for-increased-take-home-pay. No such member shall continue to make 42 contributions after completing twenty-five years of such service. 43 For the purpose only of determining the amount of the pension provided 44 in this subdivision, the annuity shall be computed as it would be if it 45 were not reduced by the actuarial equivalent of any outstanding loan, 46 and if it were not increased by the actuarial equivalent of any addi- 47 tional contributions, and if it were not reduced by reason of the 48 member's election to decrease his or her annuity contributions to the 49 [policemen's and firemen's] police and fire retirement system in order 50 to apply the amount of such reduction in payment of his or her contrib- 51 utions for old-age and survivors insurance coverage. 52 e. The increased pensions to members of the division, as provided by 53 this section, shall be paid from additional contributions made by the 54 state on account of such members. The actuary of the [policemen's and55firemen's] police and fire retirement system shall compute the addi- 56 tional contribution required for each member who elects to receive theS. 6542--B 100 1 special benefits provided under this section. Such additional contrib- 2 utions shall be computed on the basis of contributions during the 3 prospective service of such member which will cover the liability of the 4 [policemen's and firemen's] police and fire retirement system for such 5 extra pensions. Upon approval by the comptroller, such additional 6 contributions shall be certified by him or her to the superintendent of 7 state police. The amount thereof shall be included in the annual appro- 8 priation of the state for the division of state police. Such amount 9 shall be paid on the warrant of the comptroller to the pension accumu- 10 lation fund of the [policemen's and firemen's] police and fire retire- 11 ment system. 12 § 203. The opening paragraph of subdivision b and subdivision f of 13 section 383 of the retirement and social security law, as added by chap- 14 ter 1000 of the laws of 1966, are amended to read as follows: 15 Any member of the [policemen's and firemen's] police and fire retire- 16 ment system in regional state park police service may elect to contrib- 17 ute to the [policemen's and firemen's] police and fire retirement system 18 on the basis of retirement upon his or her 19 f. The increased pensions to any member in regional state park police 20 service, as provided by this section, shall be paid from additional 21 contributions made by the state on account of such members. The actuary 22 of the [policemen's and firemen's] police and fire retirement system 23 shall compute the additional contribution for each member who elects the 24 special benefits provided under this section. Such additional contrib- 25 utions shall be computed on the basis of contributions during the 26 prospective service of such member which will cover the liability of the 27 [policemen's and firemen's] police and fire retirement system for such 28 extra pensions, and upon approval by the comptroller, the additional 29 contributions shall be certified by the comptroller and shall be 30 included in the annual appropriation to the pension accumulation fund of 31 the [policemen's and firemen's] police and fire retirement system in the 32 manner provided in section three hundred sixteen of this article. 33 § 204. Subdivision b and the opening paragraph of subdivision c of 34 section 383-b of the retirement and social security law, as added by 35 chapter 674 of the laws of 1986, are amended to read as follows: 36 b. Notwithstanding any other provision of law providing for transfers 37 between retirement systems, any sworn police officer of the division of 38 law enforcement in the department of environmental conservation who is a 39 member of the New York state employees' retirement system may transfer 40 to the New York state [policemen's and firemen's] and local police and 41 fire retirement system and shall receive credit pursuant to and be enti- 42 tled to the retirement benefits afforded in accordance with this 43 section. Upon any such transfer the member shall be entitled to the 44 amount of service which would have been deemed creditable had such 45 member been subject to such system during the course of his or her 46 membership within such system. Contributions to such system shall be 47 made in accordance with appropriate provisions of law relating thereto. 48 Application for such transfer must be made to the state comptroller on 49 or before December thirty-first, nineteen hundred eighty-six. The 50 provisions of section three hundred forty-three of this article shall 51 apply to any member making application for transfer under this subdivi- 52 sion. 53 Any member of the division of law enforcement in the department of 54 environmental conservation who elects or is required to contribute under 55 this section shall contribute to the [policemen's and firemen's] police 56 and fire retirement system on the basis of retirement upon his or her:S. 6542--B 101 1 § 205. Subdivision b and the opening paragraph of subdivision c of 2 section 383-b of the retirement and social security law, as added by 3 chapter 677 of the laws of 1986, are amended to read as follows: 4 b. Notwithstanding any other provision of law providing for transfers 5 between retirement systems, any sworn police officer of the capital 6 police force in the office of general services who is a member of the 7 New York state and local employees' retirement system may transfer to 8 the New York state [policemen's and firemen's] and local police and fire 9 retirement system and shall receive credit pursuant to and be entitled 10 to the retirement benefits afforded in accordance with this section. 11 Upon any such transfer the member shall be entitled to the amount of 12 service which would have been deemed creditable had such member been 13 subject to such system during the course of his or her membership within 14 such system. Contributions to such system shall be made in accordance 15 with appropriate provisions of law relating thereto. Application for 16 such transfer must be made to the state comptroller on or before Decem- 17 ber thirty-first, nineteen hundred eighty-six. The provisions of section 18 three hundred forty-three of this article shall apply to any member 19 making application for transfer under this subdivision. 20 Any member of the capital police force in the office of general 21 services who elects or is required to contribute under this section 22 shall contribute to the [policemen's and firemen's] police and fire 23 retirement system on the basis of retirement upon his or her: 24 § 206. The section heading, the opening paragraph of subdivision a, 25 subdivisions b, bb and c, and paragraphs 1 and 5 of subdivision d of 26 section 384 of the retirement and social security law, as added by chap- 27 ter 1000 of the laws of 1966, subdivision b as amended by chapter 807 of 28 the laws of 1969, and subdivision bb as amended by chapter 172 of the 29 laws of 1971, are amended to read as follows: 30 Optional retirement of certain [policemen and firemen] police officers 31 and firefighters. 32 Any member of the [policemen's and firemen's] police and fire retire- 33 ment system who is an officer or member of any organized fire department 34 or organized police force or police department of any county, city, 35 town, village, fire district, police district or participating employer 36 may elect to contribute to the [policemen's and firemen's] police and 37 fire retirement system on the basis of retirement upon his or her 38 completion of twenty-five years of service as an officer or member of 39 any such force or department on an allowance of: 40 b. Any officer or member of such an organized fire department or 41 organized police force or department may elect to contribute to the 42 [policemen's and firemen's] police and fire retirement system pursuant 43 to this section within one year after he or she becomes such an officer 44 or member, or on or before January first, nineteen hundred seventy, or 45 within one year after his or her employer assumed, or assumes in whole 46 or in part, the additional cost to the [policemen's and firemen's] 47 police and fire retirement system resulting from an election pursuant to 48 this section. 49 bb. On and after April first, nineteen hundred sixty-seven only [fire-50men, policemen] firefighters, police officers or officers of such a fire 51 department or police force may elect to contribute to the [policemen's52and firemen's] police and fire retirement system on the basis of retire- 53 ment pursuant to this section and, as to members so electing, in addi- 54 tion to service in war after world war I, as defined in section three 55 hundred two of this article, only credit for service:S. 6542--B 102 1 1. As such a [fireman, policeman] firefighter, police officer or offi- 2 cer, or 3 2. As a member or officer of the state police, or 4 3. In the regional state park police service, shall be included in 5 computing years of police or fire service for retirement pursuant to 6 this section. 7 c. Elections made pursuant to this section shall be in writing and 8 shall be duly acknowledged and filed with the comptroller. Any member 9 who files such an election pursuant to this section may withdraw it 10 after it has been filed for at least one year. Such withdrawal shall be 11 by written notice duly acknowledged and filed with the comptroller. 12 After such withdrawal such member shall contribute to the [policemen's13and firemen's] police and fire retirement system as otherwise provided 14 in this article. Any member who has contributed the entire additional 15 cost to the [policemen's and firemen's] police and fire retirement 16 system resulting from an election pursuant to this section, may withdraw 17 such entire additional amount in the event that he or she so withdraws 18 such election. 19 1. Except as otherwise provided in this subdivision, a member electing 20 to contribute to the [policemen's and firemen's] police and fire retire- 21 ment system pursuant to this section shall pay the entire additional 22 cost to the [policemen's and firemen's] police and fire retirement 23 system resulting from such election by means of a rate of contribution. 24 Such rate shall be computed to provide, upon his or her completion of 25 twenty-five years of service as an officer or member of any such depart- 26 ment or force, the portion of the retirement allowance for which he or 27 she is required to provide pursuant to this section. Such rate of 28 contribution shall be determined in a manner similar to that provided in 29 section three hundred twenty-three of this article and subject to the 30 provisions of paragraph four of this subdivision, the contributions 31 based thereon shall be paid while such member is an officer or member of 32 any such department or force. 33 5. For actuarial purposes relative to rates or amounts of contrib- 34 utions to the funds of the [policemen's and firemen's] police and fire 35 retirement system, service of a member making an election pursuant to 36 this section shall, as to his or her service and status subsequent ther- 37 eto, be deemed continuous and constant. If the continuity of such 38 service be interrupted or such status be changed, however, appropriate 39 changes as may be necessary for actuarial purposes shall be made in such 40 rates and amounts. 41 § 207. The section heading and subdivision a of section 384-a of the 42 retirement and social security law, as added by chapter 1000 of the laws 43 of 1966, are amended to read as follows: 44 Additional pension benefits for certain [policemen] police officers 45 after twenty-five years of service. a. In the event a member of the 46 police force of the village of Hempstead, in the county of Nassau, who 47 is contributing to the retirement system under section three hundred 48 eighty-four of this chapter, shall continue in service after twenty-five 49 years of total creditable police service under such section in such 50 force, he or she shall receive, upon retirement, in addition to the 51 amount of any retirement allowance he or she would otherwise be entitled 52 to receive, pursuant to the applicable provisions of this chapter, an 53 additional pension for such service of one-sixtieth of his or her final 54 average salary for each completed additional year of service after twen- 55 ty-five years. The participating employer in the case of any [policeman] 56 police officer eligible for the additional pension benefit prescribed byS. 6542--B 103 1 this section shall make additional contributions to the appropriate fund 2 of the retirement system necessary to pay the difference between the 3 amounts prescribed by this section and the amount the member would 4 otherwise be entitled to receive at the time of his or her retirement. 5 § 208. The section heading and subdivision a of section 384-c of the 6 retirement and social security law, as added by chapter 144 of the laws 7 of 1966 and such section as renumbered by chapter 559 of the laws of 8 1967, are amended to read as follows: 9 Additional pension benefits for certain [policemen] police officers 10 after twenty-five years of service. a. In the event a member of the 11 police force of the city of Glen Cove, in the county of Nassau, who is 12 contributing to the retirement system [under section eighty-four of this13chapter], shall continue in service after twenty-five years of total 14 creditable police service under such section in such force, he or she 15 shall receive, upon retirement, in addition to the amount of any retire- 16 ment allowance he or she would otherwise be entitled to receive, pursu- 17 ant to the applicable provisions of this chapter, an additional pension 18 for such service of one-sixtieth of his or her final average salary for 19 each completed additional year of service after twenty-five years. The 20 participating employer in the case of any [policeman] police officer 21 eligible for the additional pension benefit prescribed by this section 22 shall make additional contributions to the appropriate fund of the 23 retirement system necessary to pay the difference between the amounts 24 prescribed by this section and the amount the member would otherwise be 25 entitled to receive at the time of his or her retirement. 26 § 209. The section heading, subdivisions a, k and o, and paragraph 1 27 of subdivision p of section 384-d of the retirement and social security 28 law, as added by chapter 1064 of the laws of 1968, subdivision o as 29 added by chapter 869 of the laws of 1983 and paragraph 1 of subdivision 30 p as added by chapter 785 of the laws of 1984, are amended to read as 31 follows: 32 Optional twenty year retirement plan for certain [firemen and police-33men] firefighters and police officers whose employer elects to provide 34 same. 35 a. Any member of the retirement system who is a [fireman, policeman] 36 firefighter, police officer or officer of any organized fire department 37 or organized police force or police department of any county, city, 38 town, village, fire district, police district or participating employer 39 may elect to contribute to the retirement system pursuant to this 40 section within one year after he or she becomes such an officer or 41 member, if his or her employer has previously elected to make the bene- 42 fits provided herein available to its officers and members, or within 43 one year after his or her employer elects to make the benefits provided 44 herein available to its officers and members. 45 k. The benefits of this section shall be available only to those 46 [policemen and firemen] police officers and firefighters whose employer 47 elects to provide such benefits by adopting a resolution to such effect 48 and filing a certified copy thereof with the comptroller. 49 o. Any member of the [policemen's and firemen's] police and fire 50 retirement system who was a member of the New York state employees' 51 retirement system while employed as a police department cadet and whose 52 membership therein was terminated by his or her attaining membership in 53 the [policemen's and firemen's] police and fire retirement system, may 54 purchase credit in the said [policemen's and firemen's] police and fire 55 retirement system for prior creditable service in the New York state 56 employees' retirement system earned while employed as a police depart-S. 6542--B 104 1 ment cadet and shall have the period of such prior service credit count- 2 ed as police service for the purpose of determining the amount of his or 3 her pension and retirement allowance and period of service needed for 4 retirement. In order to purchase credit pursuant to this subdivision, 5 the member shall pay into the pension accumulation fund the contribution 6 amount as determined by the comptroller, either in a lump sum or in 7 installments, necessary to pay in full the cost of such previous 8 service. If such payment be made in installments, the same shall be paid 9 within a period no greater than the number of months of such member 10 service granted. 11 (1) Any member of the [policemen's and firemen's] police and fire 12 retirement system, who was a member of the New York state and local 13 employees' retirement system while employed as a police department cadet 14 and whose membership therein was terminated by his or her attaining 15 membership in the [policemen's and firemen's] police and fire retirement 16 system, may purchase credit in the said [policemen's and firemen's] 17 police and fire retirement system for prior creditable service in the 18 New York state employees' retirement system earned as a police depart- 19 ment cadet and shall have the period of such prior service credit count- 20 ed as police service for the purpose of determining the amount of his or 21 her pension and retirement allowance and period of service needed for 22 retirement. In order to purchase credit pursuant to this subdivision a 23 member shall deposit in the pension accumulation fund a sum equal to the 24 product of the participating employers' normal contribution rate at the 25 time of the member's entry into such police department cadet service, 26 his or her annual rate of compensation at that time, and the period of 27 police department cadet service being claimed, with regular interest. 28 Such deposit must be made within one year of the date of election by the 29 participating employer, provided however, such member may elect to 30 deposit such amount over a period of time no greater than the period for 31 which credit is being claimed, in which case such payments must commence 32 within one year of the date of election by the participating employer. 33 If the full amount of such payments is not paid to the retirement 34 system, the amount of service credited shall be proportional to the 35 total amount of the payments made. 36 § 210. The opening paragraph of subdivision b, and subdivisions d and 37 g of section 385 of the retirement and social security law, as added by 38 chapter 1000 of the laws of 1966, are amended to read as follows: 39 Any member in the department, including the commissioner of police, 40 who so elected, on or before January first, nineteen hundred forty- 41 eight, to contribute to the New York state and local employees' retire- 42 ment system pursuant to the provisions of former section eighty-five of 43 this chapter in effect prior to April first, nineteen hundred sixty-sev- 44 en, shall contribute to the [policemen's and firemen's] police and fire 45 retirement system on the basis of retirement upon his or her: 46 d. Subject to the provisions of subdivisions b and c of this section, 47 every employee in the service of such department who is not a member of 48 the [policemen's and firemen's] police and fire retirement system may 49 elect to become a member. He or she thereupon shall contribute to the 50 [policemen's and firemen's] police and fire retirement system under the 51 provisions of this section and be entitled to benefits as provided in 52 this section. No such employee, however, shall be given credit for 53 service rendered prior to May sixth, nineteen hundred forty-six, unless 54 he or she became a member of the New York state and local employees' 55 retirement system on or before January first, nineteen hundred forty- 56 eight and has subsequently become a member of the [policemen's and fire-S. 6542--B 105 1men's] police and fire retirement system. Any such employee who became a 2 member of the New York state and local employees' retirement system, on 3 or before January first, nineteen hundred forty-eight, and has subse- 4 quently become a member of the [policemen's and firemen's] police and 5 fire retirement system shall be entitled to credit for past service in 6 the department as if he or she had become a member when first eligible. 7 Such employee, however, shall pay the contributions he or she would have 8 made prior to such date had he or she been a member during such service. 9 The amount of such contributions shall be paid in a lump sum or in such 10 installments as the comptroller shall approve. In lieu of such payment, 11 however, such employee may receive on retirement the benefit otherwise 12 provided by this section, less such annuity as is the actuarial equiv- 13 alent of such unpaid contributions. 14 g. The increased pensions to members of the department, as provided by 15 this section, shall be paid from additional contributions made by the 16 county on account of such members. The actuary of the [policemen's and17firemen's] police and fire retirement system shall compute the addi- 18 tional contribution for each member who elects the special benefits 19 provided under this section. Such additional contributions shall be 20 computed on the basis of contributions during the prospective service of 21 such member which will cover the liability of the [policemen's and fire-22men's] police and fire retirement system for such extra pensions. Upon 23 approval by the comptroller, such additional contributions shall be 24 certified by him or her to the county executive of the county. The 25 amount thereof shall be included in the annual appropriation of the 26 county for county police. Such amount shall be paid on the warrant of 27 the county comptroller to the pension accumulation fund of the [police-28men's and firemen's] police and fire retirement system. Every member 29 entering or re-entering the department on and after May sixth, nineteen 30 hundred forty-six, shall retire on the first day of the calendar month 31 next succeeding his or her attainment of age fifty-nine. 32 § 211. The opening paragraph of subdivision b and subdivision f of 33 section 386 of the retirement and social security law, as added by chap- 34 ter 1000 of the laws of 1966, are amended to read as follows: 35 Any member in service in such department on January first, nineteen 36 hundred fifty-eight, who elected, on or before July first, nineteen 37 hundred fifty-eight, to contribute to the New York state employees' 38 retirement system pursuant to the provisions of former section eighty- 39 six of this chapter, in effect prior to April first, nineteen hundred 40 sixty-seven, shall contribute to the [policemen's and firemen's] police 41 and fire retirement system on the basis of retirement upon his or her: 42 f. The increased pensions to members of such department, as provided 43 by this section, shall be paid from additional contributions made by the 44 county on account of such members. The actuary of the [policemen's and45firemen's] police and fire retirement system shall compute the addi- 46 tional contribution for each member who elects the special benefits 47 provided under this section. Such additional contributions shall be 48 computed on the basis of contributions during the prospective service of 49 such member which will cover the liability of the [policemen's and fire-50men's] police and fire retirement system for such extra pensions. Upon 51 the approval by the comptroller, such additional contributions shall be 52 certified by him or her to the county executive of the county. The 53 amount thereof shall be included in the annual appropriation of the 54 county for the Westchester county parkway police force. Such amount 55 shall be paid on the warrant of the county department of finance to theS. 6542--B 106 1 pension accumulation fund of the [policemen's and firemen's] police and 2 fire retirement system. 3 § 212. The opening paragraph of subdivision b and subdivision f of 4 section 387 of the retirement and social security law, as added by chap- 5 ter 1000 of the laws of 1966, are amended to read as follows: 6 Any member in service in such department, including the commissioner 7 of police, on January first, nineteen hundred sixty, who elected, on or 8 before July first, nineteen hundred sixty, to contribute to the New York 9 state employees' retirement system pursuant to the provisions of former 10 section eighty-seven of this chapter, in effect prior to April first, 11 nineteen hundred sixty-seven, shall contribute to the [policemen's and12firemen's] police and fire retirement system on the basis of retirement 13 upon his or her: 14 f. The increased pensions to members of such department, as provided 15 by this section, shall be paid from additional contributions made by the 16 county on account of such members. The actuary of the [policemen's and17firemen's] police and fire retirement system shall compute the addi- 18 tional contribution for each member who elects the special benefits 19 provided under this section. Such additional contributions shall be 20 computed on the basis of contributions during the prospective service of 21 such member which will cover the liability of the [policemen's and fire-22men's] police and fire retirement system for such extra pensions. Upon 23 approval by the comptroller, such additional contributions shall be 24 certified by him or her to the county executive of the county. The 25 amount thereof shall be included in the annual appropriation of the 26 county for the Suffolk county police department. Such amount shall be 27 paid on the warrant of the comptroller of the county to the pension 28 accumulation fund of the [policemen's and firemen's] police and fire 29 retirement system. 30 § 213. Paragraph 3 of subdivision a of section 388 of the retirement 31 and social security law, as amended by chapter 939 of the laws of 1983, 32 is amended to read as follows: 33 3. "Service in such department." Full time duty as a [policeman, fire-34man] police officer, firefighter or police, fire officer or commissioner 35 of the department. 36 § 214. Subdivision a, subparagraph (b) of paragraph 1 of subdivision 37 b, and subparagraphs (a) and (b) of paragraph 2 of subdivision c of 38 section 401 of the retirement and social security law, as added by chap- 39 ter 1000 of the laws of 1966, are amended to read as follows: 40 a. If a retired member, receiving a retirement allowance for other 41 than physical disability, returns to active public service, except as 42 otherwise provided in this section or sections two hundred eleven or two 43 hundred twelve of this chapter, and is eligible for membership in the 44 [policemen's and firemen's] police and fire retirement system, he or she 45 thereupon shall become a member and his or her retirement allowance 46 shall cease. In such event, he or she shall contribute to the [police-47men's and firemen's] police and fire retirement system as if he or she 48 were a new member. Upon his subsequent retirement he or she shall: 49 1. Be credited with all member service earned by him or her since he 50 or she last became a member of the [policemen's and firemen's] police 51 and fire retirement system, and 52 2. Received a retirement allowance which shall consist of: 53 (a) An annuity which is the actuarial equivalent of all his or her 54 accumulated contributions, and 55 (b) The pension including the pension-providing-for-increased-take- 56 home-pay which he or she was receiving immediately prior to his or herS. 6542--B 107 1 last restoration to membership, plus a pension including the pension- 2 providing-for-increased-take-home-pay based upon the member service 3 credit earned by him or her since he or she last became a member. Such 4 latter pensions shall be computed as if he or she were a new member when 5 he or she last became a member. 6 Where such member shall have earned at least two years of member 7 service credit after restoration to active service, the total service 8 credit to which he or she was entitled at the time of his or her earlier 9 retirement may, at his or her option, again be credited to him or her 10 and upon his or her subsequent retirement he or she shall be credited in 11 addition with all member service earned by him or her subsequent to his 12 or her last restoration to membership. Such total service credit to 13 which he or she was entitled at the time of his or her earlier retire- 14 ment shall be so credited only in the event that such member returns to 15 the [policemen's and firemen's] police and fire retirement system with 16 regular interest the actuarial equivalent of the amount of the retire- 17 ment allowance he or she received, or in the event that such amount is 18 not so repaid the actuarial equivalent thereof shall be deducted from 19 his or her subsequent retirement allowance. 20 Notwithstanding the foregoing provisions of this subdivision, a 21 retired member who is receiving a retirement allowance for other than 22 physical disability, and who returns to active public service, may elect 23 not to be restored to membership in the [policemen's and firemen's] 24 police and fire retirement system until he or she has rendered one year 25 of service following his or her return to public service. In such event 26 his or her retirement allowance shall be suspended during such year of 27 service as provided in subdivision b of this section. Upon restoration 28 to membership following completion of such year of service, his or her 29 service in such year shall be deemed to be service while a member for 30 purposes of subdivision b of section three hundred sixty of this chap- 31 ter. He or she may purchase member service credit for such year, which 32 shall be deemed earned member service credit. This paragraph shall not 33 be construed to authorize the return to public service of any person who 34 is otherwise not eligible therefor on account of having reached age 35 seventy. 36 If a retired member receiving a retirement allowance for other than 37 physical disability, returns to active public service, and is then inel- 38 igible for membership in the [policemen's and firemen's] police and fire 39 retirement system, his or her retirement allowance shall be suspended in 40 the same manner as provided in subdivision b of this section. 41 (b) For service pursuant to subdivision c of this section where the 42 retired member continues as a beneficiary of the [policemen's and fire-43men's] police and fire retirement system. 44 (a) Upon written notice to the comptroller, receive from the [police-45men's and firemen's] police and fire retirement system the then present 46 value of the annuity earned by his or her accumulated contributions, and 47 upon receipt thereof cease to be a beneficiary of the [policemen's and48firemen's] police and fire retirement system, or 49 (b) Continue as a beneficiary of the [policemen's and firemen's] 50 police and fire retirement system, but with payments of any retirement 51 allowance or any benefit in lieu thereof, on account of retirement for 52 other than physical disability, suspended during the time he or she is 53 in receipt of compensation for state or public service. Such suspension 54 shall be governed by the provisions of paragraphs two, three and four of 55 subdivision b of this section.S. 6542--B 108 1 § 215. Paragraph 2 of subdivision b and subdivisions c, d and e of 2 section 402 of the retirement and social security law, paragraph 2 of 3 subdivision b as amended by chapter 783 of the laws of 1987, subdivi- 4 sions c and d as added by chapter 1000 of the laws of 1966, and subdivi- 5 sion e as added by chapter 815 of the laws of 1977, are amended to read 6 as follows: 7 2. An amount which, when added to an annuity, as so computed, plus the 8 sum earned by him or her, shall equal his or her final salary. 9 In the case where an optional benefit has been selected, such 10 reduction shall be the same as the reduction would have been without 11 optional modification. Where such reduction is greater than the pension, 12 including the pension-providing-for-increased-take-home-pay, payable 13 under the option selected, the excess may be paid by the pensioner into 14 the funds of the [policemen's and firemen's] police and fire retirement 15 system, in which case the benefit due under the option shall be paid as 16 if no reduction had occurred. If such excess is not paid by the pension- 17 er, the benefit otherwise due under the option shall be reduced by the 18 actuarial equivalent of such excess. In no event shall the payment to 19 the funds be greater than the difference between the pension, including 20 the pension-providing-for-increased-take-home-pay, without optional 21 modification and the pension, including the pension-providing-for-in- 22 creased-take-home-pay, under the option selected. The pension, including 23 the pension-providing-for-increased-take-home-pay of a disability 24 pensioner, shall not be reduced after he or she has attained the manda- 25 tory retirement age applicable to him or her or shall have attained the 26 age or performed the period of service specified by applicable law for 27 eligibility for a service retirement benefit. 28 c. In the event that the comptroller shall determine that a disability 29 beneficiary is able to engage in a gainful occupation, he or she shall, 30 if such beneficiary so requires, certify the name of such beneficiary to 31 the state civil service department or appropriate civil service commis- 32 sion. The state civil service department or such municipal commission 33 shall place the name of such beneficiary, as a preferred eligible, on 34 the appropriate eligible lists prepared by it for positions for which 35 such beneficiary is stated to be qualified in a salary grade not exceed- 36 ing that from which he or she was last retired. If any such beneficiary 37 shall be offered a position as a result of the placing of his or her 38 name on any such civil service list, the amount of his or her disability 39 pension, including the pension-providing-for-increased-take-home-pay, 40 shall be reduced. Such reduction shall be to an amount which, when added 41 to the amount earned or earnable by him or her in such position, shall 42 not exceed his or her final salary. A disability beneficiary restored to 43 active service shall not be eligible to membership in the [policemen's44and firemen's] police and fire retirement system so long as he or she 45 receives any pension, including the pension-providing-for-increased- 46 take-home-pay. 47 d. In the event that a disability beneficiary is restored to active 48 service of an employer, at a salary equal to or in excess of his or her 49 final salary, his or her retirement allowance shall cease. Such person 50 thereupon again shall become a member of the [policemen's and firemen's] 51 police and fire retirement system. He or she thereafter shall contribute 52 to the [policemen's and firemen's] police and fire retirement system in 53 the same manner as and at the same rate that he or she paid prior to his 54 or her disability retirement. The total service credit, to which he or 55 she was entitled at the time of such retirement, again shall be credited 56 to him or her. Upon his [subesequent] or her subsequent retirement, heS. 6542--B 109 1 or she shall be credited, in addition, with all member service earned by 2 him or her subsequent to his or her last restoration to membership. 3 e. In the event that a disability retiree is restored to active 4 service of an employer, at a salary less than his or her final salary 5 but equal to or in excess of the current minimum salary for the position 6 from which he or she was last retired for disability, such person, if he 7 or she so elects, shall again become a member of the [policemen's and8firemen's] police and fire retirement system and his or her retirement 9 allowance shall cease. He or she thereafter shall contribute to the 10 [policemen's and firemen's] police and fire retirement system in the 11 same manner as and at the same rate that he or she paid prior to his or 12 her disability retirement. The total service credit, to which he or she 13 was entitled at the time of such retirement, again shall be credited to 14 him or her. Upon his subsequent retirement, he or she shall be credited, 15 in addition, with all member service earned by him or her subsequent to 16 his or her last restoration to membership. 17 § 216. Subdivision a and paragraphs 3 and 4 of subdivision b of 18 section 413 of the retirement and social security law, as added by chap- 19 ter 1000 of the laws of 1966, are amended to read as follows: 20 a. No other provision of law in any other statute which provides whol- 21 ly or partly at the expense of the state or of a participating employer 22 for pensions, retirement benefits, emoluments or awards for employees in 23 police or fire service, their widows or widowers or other dependents, 24 shall apply to members or beneficiaries of the [policemen's and fire-25men's] police and fire retirement system established by this article, 26 their [wiodws] widows, widowers or other dependents. 27 3. Prevent the extension of old-age and survivors insurance coverage 28 to members of the [policemen's and firemen's] police and fire retirement 29 system or the receipt of benefits therefrom by such members, their wives 30 or husbands or widows or widowers or their other dependents. 31 4. Prevent a member of the [policemen's and firemen's] police and fire 32 retirement system whose membership is authorized by paragraph nine of 33 subdivision c of section three hundred forty of this article, from 34 receiving, upon his or her subsequent retirement from the [policemen's35and firemen's] police and fire retirement system, benefits based on 36 service not included in that upon which his or her retirement or pension 37 from another pension or retirement system is or would be based. 38 § 217. Section 418 of the retirement and social security law, as added 39 by chapter 859 of the laws of 1980, is amended to read as follows: 40 § 418. Additional benefit authorized with respect to the city of Yonk- 41 ers. Notwithstanding any contrary provision of law, the city of Yonkers 42 may by local law, ordinance or resolution, provide a benefit of two 43 hundred fifty dollars a month to the widow or widower, and members of 44 the family, of retired Yonkers' [policemen and firemen] police officers 45 and firefighters who were members of the New York state [policemen's and46firemen's] and local police and fire retirement system at the time of 47 their death; provided, however, the benefit may be paid only to survi- 48 vors who were receiving benefits pursuant to Local Laws seven and eight 49 of the city of Yonkers for the year of nineteen hundred sixty-eight on 50 or before the effective date of this section. 51 § 218. Subdivisions 2 and 5 of section 421 of the retirement and 52 social security law, as added by chapter 306 of the laws of 1967, are 53 amended to read as follows: 54 2. The term "[policemen's and firemen's] police and fire retirement 55 system" shall mean the New York state [policemen's and firemen's] and 56 local police and fire retirement system.S. 6542--B 110 1 5. The term "actuary" shall mean the actuary of the employees' retire- 2 ment system acting jointly with the actuary of the [policemen's and3firemen's] police and fire retirement system. 4 § 219. Subdivision 1 of section 422 of the retirement and social secu- 5 rity law, as added by chapter 306 of the laws of 1967, is amended to 6 read as follows: 7 1. There is hereby established a fund, in the custody of the comp- 8 troller, to be known as the common retirement fund. Notwithstanding any 9 other provision of this chapter, all of the assets and income of the 10 employees' retirement system and of the [policemen's and firemen's] 11 police and fire retirement system shall be held by the comptroller as 12 trustee of such fund, except as such assets and income may be allocated 13 or distributed to the funds of each retirement system by the comp- 14 troller. 15 § 220. Section 425 of the retirement and social security law, as added 16 by chapter 306 of the laws of 1967, is amended to read as follows: 17 § 425. Separability of retirement systems. No provision of this arti- 18 cle shall be construed as an impairment of the separability of or of the 19 corporate powers and privileges of the employees' retirement system or 20 the [policemen's and firemen's] police and fire retirement system. The 21 comptroller shall establish or continue separate funds and accounts for 22 each retirement system, consistent with the common retirement fund here- 23 in provided for, as may be required to carry out the separate purposes 24 and privileges of each retirement system. 25 § 221. Subdivision c of section 443 of the retirement and social secu- 26 rity law, as added by chapter 784 of the laws of 1987, is amended to 27 read as follows: 28 c. Notwithstanding the provisions of subdivisions a and b of this 29 section, with respect to [policemen and firemen] police officers and 30 firefighters as defined in section four hundred fifty of this chapter, 31 the final average salary of an employee who has been a member of a 32 retirement system for less than one year shall be the projected one year 33 salary, with the calculation based upon a twelve month projection of the 34 sums earned in the portion of the year worked. If a member has been 35 employed for more than one year but less than two years, then the 36 member's final average salary shall be the average of the first year and 37 projected second year earnings based upon the calculation above, and if 38 more than two years, but less than three years, then one-third the total 39 of the first two years of employment plus the projected third year's 40 earnings, calculated as indicated above. 41 § 222. Subdivision a of section 445 of the retirement and social secu- 42 rity law, as amended by chapter 295 of the laws of 2007, is amended to 43 read as follows: 44 a. No member of a retirement system who is subject to the provisions 45 of this article shall retire without regard to age, exclusive of retire- 46 ment for disability, unless he or she is a [policeman] police officer, 47 an investigator member of the New York city employees' retirement 48 system, [fireman] firefighter, correction officer, a qualifying member 49 as defined in section eighty-nine-t, as added by chapter six hundred 50 fifty-seven of the laws of nineteen hundred ninety-eight, of this chap- 51 ter, sanitation [man] worker, a special officer (including persons 52 employed by the city of New York in the title urban park ranger or asso- 53 ciate urban park ranger), school safety agent, campus peace officer or a 54 taxi and limousine commission inspector member of the New York city 55 employees' retirement system or the New York city board of education 56 retirement system, a dispatcher member of the New York city employees'S. 6542--B 111 1 retirement system, a police communications member of the New York city 2 employees' retirement system, an EMT member of the New York city employ- 3 ees' retirement system, a deputy sheriff member of the New York city 4 employees' retirement system, a correction officer of the Westchester 5 county correction department as defined in section eighty-nine-e of this 6 chapter or employed in Suffolk county as a peace officer, as defined in 7 section eighty-nine-s, as added by chapter five hundred eighty-eight of 8 the laws of nineteen hundred ninety-seven, of this chapter, employed in 9 Suffolk county as a correction officer, as defined in section eighty- 10 nine-f of this chapter, or employed in Nassau county as a correction 11 officer, uniformed correction division personnel, sheriff, undersheriff 12 or deputy sheriff, as defined in section eighty-nine-g of this chapter, 13 or employed in Nassau county as an ambulance medical technician, an 14 ambulance medical technician/supervisor or a member who performs ambu- 15 lance medical technician related services, as defined in section eight- 16 y-nine-s, as amended by chapter five hundred seventy-eight of the laws 17 of nineteen hundred ninety-eight, of this chapter, or employed in Nassau 18 county as a peace officer, as defined in section eighty-nine-s, as added 19 by chapter five hundred ninety-five of the laws of nineteen hundred 20 ninety-seven, of this chapter, or employed in Albany county as a sher- 21 iff, undersheriff, deputy sheriff, correction officer or identification 22 officer, as defined in section eighty-nine-h of this chapter or is 23 employed in St. Lawrence county as a sheriff, undersheriff, deputy sher- 24 iff or correction officer, as defined in section eighty-nine-i of this 25 chapter or is employed in Orleans county as a sheriff, undersheriff, 26 deputy sheriff or correction officer, as defined in section 27 eighty-nine-l of this chapter or is employed in Jefferson county as a 28 sheriff, undersheriff, deputy sheriff or correction officer, as defined 29 in section eighty-nine-j of this chapter or is employed in Onondaga 30 county as a deputy sheriff-jail division competitively appointed or as a 31 correction officer, as defined in section eighty-nine-k of this chapter 32 or is employed in a county which makes an election under subdivision j 33 of section eighty-nine-p of this chapter as a sheriff, undersheriff, 34 deputy sheriff or correction officer as defined in such section eighty- 35 nine-p or is employed in Broome County as a sheriff, undersheriff, depu- 36 ty sheriff or correction officer, as defined in section eighty-nine-m of 37 this chapter or is a Monroe county deputy sheriff-court security, or 38 deputy sheriff-jailor as defined in section eighty-nine-n, as added by 39 chapter five hundred ninety-seven of the laws of nineteen hundred nine- 40 ty-one, of this chapter or is employed in Greene county as a sheriff, 41 undersheriff, deputy sheriff or correction officer, as defined in 42 section eighty-nine-o of this chapter or is a traffic officer with the 43 town of Elmira as defined in section eighty-nine-q of this chapter or is 44 employed by Suffolk county as a park police officer, as defined in 45 section eighty-nine-r of this chapter or is a peace officer employed by 46 a county probation department as defined in section eighty-nine-t, as 47 added by chapter six hundred three of the laws of nineteen hundred nine- 48 ty-eight, of this chapter or is employed in Rockland county as a deputy 49 sheriff-civil as defined in section eighty-nine-v of this chapter as 50 added by chapter four hundred forty-one of the laws of two thousand one, 51 or is employed in Rockland county as a superior correction officer as 52 defined in section eighty-nine-v of this chapter as added by chapter 53 five hundred fifty-six of the laws of two thousand one or is a paramedic 54 employed by the police department in the town of Tonawanda and retires 55 under the provisions of section eighty-nine-v of this chapter, as added 56 by chapter four hundred seventy-two of the laws of two thousand one, orS. 6542--B 112 1 is a county fire marshal, supervising fire marshal, fire marshal, 2 assistant fire marshal, assistant chief fire marshal or chief fire 3 marshal employed by the county of Nassau as defined in section eighty- 4 nine-w of this chapter and is in a plan which permits immediate retire- 5 ment upon completion of a specified period of service without regard to 6 age. Except as provided in subdivision c of section four hundred forty- 7 five-a of this article, subdivision c of section four hundred forty- 8 five-b of this article, subdivision c of section four hundred forty- 9 five-c of this article, subdivision c of section four hundred 10 forty-five-d of this article, subdivision c of section four hundred 11 forty-five-e of this article, subdivision c of section four hundred 12 forty-five-f of this article and subdivision c of section four hundred 13 forty-five-h of this article, a member in such a plan and such an occu- 14 pation, other than a [policeman] police officer or investigator member 15 of the New York city employees' retirement system or a [fireman] fire- 16 fighter, shall not be permitted to retire prior to the completion of 17 twenty-five years of credited service; provided, however, if such a 18 member in such an occupation is in a plan which permits retirement upon 19 completion of twenty years of service regardless of age, he or she may 20 retire upon completion of twenty years of credited service and prior to 21 the completion of twenty-five years of service, but in such event the 22 benefit provided from funds other than those based on such a member's 23 own contributions shall not exceed two per centum of final average sala- 24 ry per each year of credited service. 25 § 223. Paragraph 3 of subdivision b of section 500 of the retirement 26 and social security law, as amended by chapter 42 of the laws of 1977, 27 is amended to read as follows: 28 3. Enter the employment of a public employer which participates for 29 such employees in the New York state [policemen's and firemen's] and 30 local police and fire retirement system shall be required to become 31 members or shall be eligible or ineligible for membership in such 32 retirement system in the manner provided for by the relevant provisions 33 of this chapter. 34 § 224. Subdivisions 13, 21 and 23 of section 501 of the retirement and 35 social security law, as added by chapter 890 of the laws of 1976, are 36 amended to read as follows: 37 13. "Head of the retirement system" shall mean the comptroller, with 38 respect to the state employees' retirement system and the state [police-39men's and firemen's] and local police and fire retirement system, and 40 the retirement board of the other public retirement systems of the 41 state. 42 21. "Police/fire member" shall mean a member subject to the provisions 43 of this article who, if employed in the same capacity on June thirtieth, 44 nineteen hundred seventy-six, would have been eligible for membership in 45 the New York state [policemen's and firemen's] and local police and fire 46 retirement system, the New York city police pension fund or the New York 47 city fire department pension fund, or for participation in the uniformed 48 transit police force plan or housing police force plan in the New York 49 city employees' retirement system. 50 23. "Public retirement system of the state" shall mean the New York 51 state employees' retirement system, New York state [policemen's and52firemen's] and local police and fire retirement system, New York state 53 teacher's retirement system, New York city employees' retirement system, 54 New York city teacher's retirement system, New York city police pension 55 fund, New York city fire department pension fund and the New York city 56 board of education retirement system.S. 6542--B 113 1 § 225. Subdivision b of section 508 of the retirement and social secu- 2 rity law, as amended by chapter 18 of the laws of 2012, is amended to 3 read as follows: 4 b. A member of a retirement system subject to the provisions of this 5 article who is a [policeman, fireman] police officer, firefighter, 6 correction officer, investigator revised plan member or sanitation [man] 7 worker and is in a plan which permits immediate retirement upon 8 completion of a specified period of service without regard to age or who 9 is subject to the provisions of section five hundred four or five 10 hundred five of this article, shall upon completion of ninety days of 11 service be covered for financial protection in the event of death in 12 service pursuant to this subdivision. Such death benefit shall be equal 13 to three times the member's salary raised to the next highest multiple 14 of one thousand dollars, but in no event shall it exceed three times the 15 maximum salary specified in section one hundred thirty of the civil 16 service law or, in the case of a member of a retirement system other 17 than the New York city employees' retirement system, or in the case of a 18 member of the New York city employees' retirement system who is a New 19 York city uniformed correction/sanitation revised plan member or an 20 investigator revised plan member, the specific limitations specified for 21 age of entrance into service contained in subparagraphs (b), (c), (d), 22 (e) and (f) of paragraph two of subdivision a of this section. 23 § 226. Paragraph 1 of subdivision h of section 551 of the retirement 24 and social security law, as amended by chapter 542 of the laws of 2015, 25 is amended to read as follows: 26 1. As used in this section "creditable service" shall include, any and 27 all services performed as a sheriff, undersheriff or deputy sheriff, 28 provided, however, that criminal law enforcement service shall only be 29 creditable when it aggregates fifty per centum or more of his or her 30 service as a deputy sheriff. Credit for service as a member or officer 31 of the state police or as a paid [fireman, policeman] firefighter, 32 police officer or officer of any organized fire department or police 33 force or department of any county, city, village, town, fire district or 34 police district, or as a criminal investigator in the office of a 35 district attorney, provided that service as such investigator shall have 36 been rendered prior to January first, nineteen hundred sixty and that 37 credit therefor shall not exceed five years, shall also be deemed to be 38 creditable service and shall be included in computing years of total 39 service for retirement pursuant to this section, provided such service 40 was performed by the member while contributing to the retirement system 41 pursuant to the provisions of this article or article eight of this 42 chapter. 43 § 227. Paragraph 3 of subdivision j of section 552 of the retirement 44 and social security law, as amended by chapter 542 of the laws of 2015, 45 is amended to read as follows: 46 3. Credit for service as a member or officer of the state police or as 47 a paid [fireman, policeman] firefighter, police officer or officer of 48 any organized fire department or police force or department of any coun- 49 ty, city, village, town, fire district or police district, or as a crim- 50 inal investigator in the office of a district attorney, provided that 51 service as such investigator shall have been rendered prior to January 52 first, nineteen hundred sixty and that credit therefor shall not exceed 53 five years, shall also be deemed to be creditable service and shall be 54 included in computing years of total service for retirement pursuant to 55 this section, provided such service was performed by the member whileS. 6542--B 114 1 contributing to the retirement system pursuant to the provisions of this 2 article or article eight of this chapter. 3 § 228. Subdivision b of section 606 of the retirement and social secu- 4 rity law, as amended by chapter 601 of the laws of 1997, is amended to 5 read as follows: 6 b. A member of a retirement system subject to the provisions of this 7 article who is a [policeman, fireman] police officer, firefighter, 8 correction officer or sanitation [man] worker and is in a plan which 9 permits immediate retirement upon completion of a specified period of 10 service without regard to age or who is subject to the provisions of 11 section six hundred four of this article, shall upon completion of nine- 12 ty days of service be covered for financial protection in the event of 13 death in service pursuant to this subdivision. Such death benefit shall 14 be equal to three times the member's salary raised to the next highest 15 multiple of one thousand dollars, but in no event shall it exceed three 16 times the maximum salary specified in section one hundred thirty of the 17 civil service law or, in the case of a member of a retirement system 18 other than the New York city employees' retirement system, the specific 19 limitations specified for age of entrance into service contained in 20 subparagraphs (b), (c), (d), (e) and (f) of paragraph two of subdivision 21 a of this section. 22 § 229. Subsection (j) of section 3221 of the insurance law is amended 23 to read as follows: 24 (j) No policy of group or blanket accident and health insurance shall 25 be issued as excess coverage for volunteer [firemen] firefighters over 26 and above the coverage provided for pursuant to the volunteer [fire-27men's] firefighters' benefit law unless such excess policy provides for 28 each of the types of coverages set forth in subdivision one of section 29 five of such law. Any excess policy which does not contain such 30 provisions shall be construed as if such coverages were embodied there- 31 in. 32 § 230. Subparagraph (C) of paragraph 2 of subsection (a) of section 33 4208 of the insurance law is amended to read as follows: 34 (C) "Applications" means individual applications for policies of life 35 insurance, except that in the case of volunteer [firemen] firefighters, 36 it shall also mean applications for enrollment for coverage to be issued 37 under group life insurance policies applied for by not less than twen- 38 ty-five associations or organizations of volunteer [firemen] firefight- 39 ers in accordance with the provisions of paragraph seven of subsection 40 (b) of section four thousand two hundred sixteen of this article. 41 § 231. Paragraph 7 of subsection (b) of section 4216 of the insurance 42 law, as amended by chapter 24 of the laws of 1988, is amended to read as 43 follows: 44 (7) A policy insuring the members of one or more troops or units of 45 the state troopers or state police of any state, issued to the command- 46 ing officer of the state troopers or state police, who shall be deemed 47 the policyholder, the premium on which is to be paid by the members 48 insured; or a policy covering the members of one or more duly incorpo- 49 rated [policemen's] police officers' benevolent associations or of one 50 or more associations or organizations of uniformed [firemen] firefight- 51 ers or volunteer firefighters or volunteer ambulance workers which asso- 52 ciation or organization shall have been in existence for at least two 53 years prior to the issuance of such policy and which shall have twenty- 54 five members at the time of the issuance of such policy, which shall be 55 issued to such association or to a trustee or trustees of a fund estab- 56 lished, or participated in, by one or more of such associations orS. 6542--B 115 1 organizations as the policyholder. If the opportunity to take such 2 insurance is offered to all eligible members of a unit of such state 3 troopers or state police, or to all eligible members of such incorpo- 4 rated [policemen's] police officers' benevolent association or of an 5 association or organization of uniformed [firemen] firefighters, volun- 6 teer firefighters, then not less than fifty percent of such members or, 7 if less, fifty or more of such members may be so insured. If the insur- 8 ance is limited to those eligible members who are employed as state 9 troopers, [policemen, firemen] police officers, firefighters or volun- 10 teer ambulance workers, then not less than sixty percent or five hundred 11 of such members, whichever is less, may be so insured. Such policy shall 12 provide for the payment of benefits, except policy dividends, to the 13 person insured or to some beneficiary or beneficiaries, other than such 14 commanding officer or such association or any of its officials, as such, 15 and shall also provide for the issuance of a certificate to the policy- 16 holder for delivery to the person insured or to such beneficiary, as 17 evidence of such insurance. For the purposes of this paragraph any asso- 18 ciation currently holding premium dividends as a result of policies 19 issued under this section shall be permitted to maintain said dividends 20 for the general purposes of the entire membership. For the purposes of 21 this paragraph the term "eligible members of an association of volunteer 22 firefighters or volunteer ambulance workers" means members who perform 23 services in fire-fighting duties or members of a volunteer exempt fire 24 benevolent association who are entitled to benefits from the expendi- 25 tures of foreign fire insurance tax moneys, including, inactive exempt 26 volunteer firefighters as defined by section two hundred of the general 27 municipal law or in ambulance-related duties, respectively. The amounts 28 of insurance may be based upon a plan which permits a limited number of 29 selections by the members if the selections offered utilize a consistent 30 pattern of grading the amounts of insurance for individual group members 31 so that the resulting pattern of coverage is reasonable. 32 § 232. Clause (iii) of subparagraph (D) of paragraph 3 of subsection 33 (a) of section 4237 of the insurance law is amended to read as follows: 34 (iii) any fire corporation incorporated under or subject to the 35 provisions of section one thousand four hundred two of the not-for-pro- 36 fit corporation law, or any general or special law, if such corporation 37 is by law under the general control of, or recognized as a fire corpo- 38 ration by, the governing board of a city, town, village or fire 39 district, which municipal corporation, fire district, fire department, 40 fire company or fire corporation, as the case may be, shall be deemed 41 the policyholder, covering all, but not less than twenty-five, volunteer 42 members of such department, company or corporation. A district corpo- 43 ration which has the general powers of and operates as a fire district 44 shall be considered a fire district for the purposes of this paragraph. 45 A volunteer [fireman] firefighter whose services are offered and 46 accepted pursuant to the provisions of section two hundred nine-i of the 47 general municipal law shall be deemed a volunteer member of any such 48 fire department, fire company or fire corporation except for the purpose 49 of determining the minimum number of twenty-five volunteer members for 50 which any such policy or contract must provide coverage. Any such policy 51 or contract issued to a municipal corporation or a fire district shall 52 be subject to any limitations on the amount, coverage or benefits as are 53 set forth in any applicable general, special or local law or city or 54 village charter.S. 6542--B 116 1 § 233. Paragraph (d) of section 202 of the not-for-profit corporation 2 law, as amended by chapter 843 of the laws of 1980, is amended to read 3 as follows: 4 (d) A corporation formed under general or special law to provide 5 parks, playgrounds or cemeteries, or buildings and grounds for camp or 6 grove meetings. Sunday school assemblies, cemetery purposes, temperance, 7 missionary, educational, scientific, musical and other meetings, subject 8 to the ordinances and police regulations of the county, city, town, or 9 village in which such parks, playgrounds, cemeteries, buildings and 10 grounds are situated, may appoint from time to time one or more special 11 [policemen] police officers, with power to remove the same at pleasure. 12 Such special [policemen] police officers shall preserve order in and 13 about such parks, playgrounds, cemeteries, buildings and grounds, and 14 the approaches thereto, and to protect the same from injury, and shall 15 enforce the established rules and regulations of the corporation. Every 16 [policeman] police officer so appointed shall within fifteen days after 17 his or her appointment and before entering upon the duties of his or her 18 office, take and subscribe the oath of office prescribed in the thir- 19 teenth article of the constitution of the state of New York, which oath 20 shall be filed in the office of the county clerk of the county where 21 such grounds are situated. A [policeman] police officer appointed under 22 this section when on duty shall wear conspicuously a metallic shield 23 with the name of the corporation which appointed him or her inscribed 24 thereon. The compensation of [policemen] police officers appointed under 25 this section shall be paid by the corporation by which they are 26 appointed. 27 § 234. Clause (B) of subparagraph 5 of paragraph (a) of section 301 of 28 the not-for-profit corporation law, as amended by chapter 155 of the 29 laws of 2012, is amended to read as follows: 30 (B) Shall not contain any of the following words, or any abbreviation 31 or derivative thereof: 32 acceptance fidelity mortgage 33 annuity finance savings 34 assurance guaranty surety 35 bank indemnity title 36 bond insurance trust 37 casualty investment underwriter 38 doctor lawyer 39 endowment loan 40 unless the approval of the superintendent of financial services is 41 attached to the certificate of incorporation, or application for author- 42 ity or amendment thereof; or that the word "doctor", "lawyer", or the 43 phrase "state police" or "state trooper" or an abbreviation or deriva- 44 tion thereof, may be used in the name of a corporation the membership of 45 which is composed exclusively of doctors, lawyers, state [policemen] 46 police officers or state troopers, respectively.S. 6542--B 117 1 § 235. The paragraph heading of paragraph (c), paragraphs (d) and (g), 2 clause (C) of subparagraph 1 and clause (C) of subparagraph 2 of para- 3 graph (h), and subparagraph 1 of paragraph (i) of section 1402 of the 4 not-for-profit corporation law, clause (C) of subparagraph 2 of para- 5 graph (h) as amended by chapter 373 of the laws of 2011, and subpara- 6 graph 1 of paragraph (i) as amended by chapter 215 of the laws of 1978, 7 are amended to read as follows: 8 Appointment of [firemen] firefighters. 9 (d) Incorporation of fire corporations in towns legalized. 10 Any fire, hose, protective or hook and ladder corporation heretofore 11 organized under any general law with the consent of the town board in 12 the territory served by such corporation is hereby legalized and 13 confirmed, notwithstanding the omission of any town board to appoint or 14 confirm the members of such corporations as town [firemen] firefighters. 15 Any such corporation shall hereafter be subject to the provisions of 16 this section. 17 (g) [Firemen's] Firefighters' exemption. 18 Every active [fireman] firefighter who shall be a member of a corpo- 19 ration subject to the provisions of this section shall be entitled to 20 all the rights granted by law to volunteer [firemen] firefighters and 21 every such active [fireman] firefighter who shall meet the requirements 22 of section two hundred of the general municipal law shall be entitled to 23 the additional rights granted by law to exempt volunteer [firemen] fire- 24 fighters. 25 (C) who was, at the time of his or her election to membership, a resi- 26 dent of the territory specified in the certificate of incorporation or 27 of territory outside such boundaries which was afforded fire protection 28 by the fire corporation pursuant to a contract for fire protection, 29 shall for all purposes in law be considered to have been duly elected 30 and confirmed as a member in such fire corporation as of the date of 31 such confirmation, if any, and, if none, then as of the date of such 32 election; notwithstanding that there may have been some legal defect in 33 such election, or the proceedings precedent thereto, or a failure of the 34 town board to confirm such member, as provided by the law in force at 35 the time of such election, and the status of such person as a volunteer 36 [fireman] firefighter as of the date of such confirmation or election is 37 hereby legalized, validated and confirmed. This subparagraph shall not 38 apply to a person, if any, whose volunteer membership in a fire corpo- 39 ration was declared invalid by a court of competent jurisdiction prior 40 to the first day of January, nineteen hundred fifty-five. 41 (C) who was, at the time of his or her election to membership, a resi- 42 dent of the territory specified in the certificate of incorporation or 43 of territory outside such boundaries which was afforded fire protection 44 by the fire corporation pursuant to a contract for fire protection, or 45 who was a nonresident elected to membership or who was continued as a 46 member, pursuant to the provisions of subparagraph (A) shall for all 47 purposes in law be considered to have been duly elected and confirmed, 48 or continued, as a member in such fire corporation as of the date of 49 such confirmation, if any, and, if none, then as of the date of such 50 election or, in the case of a continuance, as of the date of approval, 51 if any, by the town board and, if none, as of the date of authorization 52 of continuance by the fire corporation; notwithstanding that there may 53 have been some legal defect in such election, or the proceedings there- 54 to, or a failure of the town board to confirm the election, or approve 55 the continuance of membership, of such member, as provided by the law in 56 force at the time of such election or continuance, and the status ofS. 6542--B 118 1 such person as a volunteer [fireman] firefighter as of such date is 2 hereby legalized, validated and confirmed. This subparagraph shall not 3 apply to a person, if any, whose volunteer membership in a fire corpo- 4 ration was declared invalid by a court of competent jurisdiction prior 5 to the first day of January, two thousand eleven. 6 (1) It shall be an unlawful discriminatory practice for any volunteer 7 fire department, fire company or fire corporation, through any member or 8 members thereof, directors, officers, members of a town board, board of 9 fire commissioners or other body or office having power of appointment 10 of volunteer [firemen] firefighters in any fire department, fire company 11 or fire corporation pursuant to this section, because of the race, 12 creed, color, national origin, sex or marital status of any individual, 13 to exclude or to expel from its volunteer membership such individual, or 14 to discriminate against any of its members because of the race, creed, 15 color, national origin, sex or marital status of such volunteer members. 16 § 236. Subdivision 6 of section 504 of the tax law, as added by chap- 17 ter 534 of the laws of 1975, is amended to read as follows: 18 6. Owned and operated by any fire company or fire department as 19 defined in section three of the volunteer [firemen's] firefighters' 20 benefit law. 21 § 237. Section 274 of the general business law is amended to read as 22 follows: 23 § 274. Assistance of [policeman] police officer or constable. Any 24 person authorized by this article to seize and take into his or her 25 possession any such cans may, in case of resistance, call to his or her 26 aid any police officer or constable of the town, village or city who 27 shall when so called on assist him or her in seizing or taking 28 possession of such cans. 29 § 238. The closing paragraph of section 104-b of the social services 30 law, as added by chapter 382 of the laws of 1964 and such section as 31 renumbered by chapter 550 of the laws of 1971, is amended to read as 32 follows: 33 This section shall not apply to any claim or award which is or may be 34 allowed pursuant to the provisions of the [workmen's] workers' compen- 35 sation law or the volunteer [firemen's] firefighters' benefit law. 36 § 239. Paragraph (b) of subdivision 1 of section 70.02 of the penal 37 law, as amended by chapter 1 of the laws of 2013, is amended to read as 38 follows: 39 (b) Class C violent felony offenses: an attempt to commit any of the 40 class B felonies set forth in paragraph (a) of this subdivision; aggra- 41 vated criminally negligent homicide as defined in section 125.11, aggra- 42 vated manslaughter in the second degree as defined in section 125.21, 43 aggravated sexual abuse in the second degree as defined in section 44 130.67, assault on a peace officer, police officer, [fireman] firefight- 45 er or emergency medical services professional as defined in section 46 120.08, assault on a judge as defined in section 120.09, gang assault in 47 the second degree as defined in section 120.06, strangulation in the 48 first degree as defined in section 121.13, burglary in the second degree 49 as defined in section 140.25, robbery in the second degree as defined in 50 section 160.10, criminal possession of a weapon in the second degree as 51 defined in section 265.03, criminal use of a firearm in the second 52 degree as defined in section 265.08, criminal sale of a firearm in the 53 second degree as defined in section 265.12, criminal sale of a firearm 54 with the aid of a minor as defined in section 265.14, aggravated crimi- 55 nal possession of a weapon as defined in section 265.19, soliciting or 56 providing support for an act of terrorism in the first degree as definedS. 6542--B 119 1 in section 490.15, hindering prosecution of terrorism in the second 2 degree as defined in section 490.30, and criminal possession of a chemi- 3 cal weapon or biological weapon in the third degree as defined in 4 section 490.37. 5 § 240. Section 120.08 of the penal law, as added by chapter 632 of the 6 laws of 1996, is amended to read as follows: 7 § 120.08 Assault on a peace officer, police officer, [fireman] fire- 8 fighter or emergency medical services professional. 9 A person is guilty of assault on a peace officer, police officer, 10 [fireman] firefighter or emergency medical services professional when, 11 with intent to prevent a peace officer, police officer, a [fireman] 12 firefighter, including a [fireman] firefighter acting as a paramedic or 13 emergency medical technician administering first aid in the course of 14 performance of duty as such [fireman] firefighter, or an emergency 15 medical service paramedic or emergency medical service technician, from 16 performing a lawful duty, he or she causes serious physical injury to 17 such peace officer, police officer, [fireman] firefighter, paramedic or 18 technician. 19 Assault on a peace officer, police officer, [fireman] firefighter or 20 emergency medical services professional is a class C felony. 21 § 241. Intentionally omitted. 22 § 242. Paragraph 8 of subdivision a of section 265.20 of the penal 23 law, as amended by chapter 61 of the laws of 2010, is amended to read as 24 follows: 25 8. The manufacturer of machine-guns, firearm silencers, assault weap- 26 ons, large capacity ammunition feeding devices, disguised guns, pilum 27 ballistic knives, switchblade or gravity knives, billies or blackjacks 28 as merchandise, or as a transferee recipient of the same for repair, 29 lawful distribution or research and development, and the disposal and 30 shipment thereof direct to a regularly constituted or appointed state or 31 municipal police department, sheriff, [policeman] police officer or 32 other peace officer, or to a state prison, penitentiary, workhouse, 33 county jail or other institution for the detention of persons convicted 34 or accused of crime or held as witnesses in criminal cases, or to the 35 military service of this state or of the United States; or for the 36 repair and return of the same to the lawful possessor or for research 37 and development. 38 § 243. Section 30 of the transportation corporations law is amended to 39 read as follows: 40 § 30. Special [policemen] police officers of corporation operating 41 signal systems. The police department or board of police of any city 42 may, in addition to the police force now authorized by law, appoint a 43 number of persons, not exceeding two hundred, who may be designated by 44 any corporation operating a system of signaling by telegraph to a 45 central office for police assistance, to act as special [patrolmen] 46 patrol officer in connection with such telegraph system. And the persons 47 so appointed shall, in and about such service, have all the powers 48 possessed by the members of the regular force, except as they may be 49 limited by and subject to the supervision and control of the police 50 department or board of police of such city. No person shall be 51 appointed such special [policeman] police officer who does not possess 52 the qualifications required by such police department or board of police 53 for such special service; and persons so appointed shall be subject, in 54 case of emergency, to do duty as part of the regular police force of the 55 city. The police department or board of police shall have power to 56 revoke any such appointment at any time, and every person appointedS. 6542--B 120 1 shall wear a badge and uniform, to be furnished by such corporation and 2 approved by the police department or board of police; such uniform shall 3 be designated at the time of the first appointment and shall be the 4 permanent uniform to be worn by such special police, and the pay of such 5 special [patrolmen] patrol officer and all expenses connected with their 6 service shall be wholly paid by such corporation, and no expense or 7 liability shall at any time be incurred or paid by the police department 8 or board of police of any city, for or by reason of the services of such 9 persons so appointed. 10 § 244. Subdivision 4 of section 303 of the multiple residence law, as 11 added by chapter 355 of the laws of 1958, is amended to read as follows: 12 4. The fire department of any city, village or fire district, the fire 13 department of any town which as such has a fire department, and any fire 14 company located in the area of a town outside villages and fire 15 districts, may, with the approval of the chief executive officer or, if 16 there be none, the chief administrative body or board of the city, 17 village or town, respectively, assign to one or more members of the fire 18 department or company, as the case may be, the duty of making 19 inspections of buildings and properties which are subject to the 20 provisions of this chapter and are located in the area regularly served 21 and protected by such fire department or company including areas 22 protected pursuant to a contract. The purpose of any such inspection 23 shall be to determine whether the provisions of this chapter and the 24 rules and regulations adopted and promulgated pursuant thereto in 25 relation to fire protection and safety are being complied with. [Fire-26men] Firefighters assigned to such duty shall have full power and 27 authority to enter, examine and inspect any such building or property at 28 such times and hours as are reasonably convenient. It shall be the duty 29 of any [fireman] firefighter so assigned to report any violations of 30 such provisions of this chapter or of such rules and regulations to the 31 person or department charged with the duty of enforcing the provisions 32 of this chapter in the city, town or village in which the building or 33 property is located and also to the chief of his or her fire department 34 or fire company, as the case may be. In the event that an area is served 35 pursuant to a fire protection contract by more than one fire department 36 or fire company, the [fireman or firemen] firefighter or firefighters 37 assigned to perform such duty in such area shall report violations to 38 the chief of each fire department and fire company serving such area. 39 The failure of any such [fireman] firefighter to discover and properly 40 report any such violations or his neglect or omission to perform such 41 duties, shall not subject him or her, his or her fire department, fire 42 company, or the city, village, fire district or town in which or of 43 which he or she is a [fireman] firefighter to any civil or other liabil- 44 ity. Any such [fireman] firefighter shall not be liable civilly for any 45 act or acts done by him or her as a [fireman] firefighter in the 46 performance of such duties, except for wilful negligence or malfeasance, 47 but the provisions of this subdivision shall not relieve any such city, 48 village, fire district, town, or fire company from liability, if any, 49 for the negligent or wrongful acts of the [fireman] firefighter in the 50 actual performance of such duty. [Firemen] Firefighters assigned to any 51 such duty may be known as fire inspectors but shall not, by reason of 52 this law, be an officer of any city, village, fire district or town or 53 of any fire department or fire company. Unless otherwise provided by 54 some other law, general, special or local, any such assignment of duty 55 and the termination of any such assignment shall be made by the chief of 56 the fire department or the fire company, as the case may be. Before anyS. 6542--B 121 1 such inspection is made, the [fireman] firefighter assigned to perform 2 such duty must be approved by the chief executive officer or, if there 3 be none, the chief administrative body or board of the city, village or 4 town, respectively, in which the inspection will be made. 5 § 245. Section 25 of the correction law, as amended by chapter 396 of 6 the laws of 1952 and renumbered by chapter 475 of the laws of 1970, is 7 amended to read as follows: 8 § 25. Mutual assistance by institutional and local fire fighting 9 facilities. In cooperation with the development and operation of plans 10 for mutual aid in cases of fire and other public emergencies, the warden 11 or superintendent of any state institution in the department, with the 12 approval of the commissioner, may authorize the fire department of the 13 institution to furnish aid to such territory surrounding the institution 14 as may be practical in cases of fire and such emergencies, having due 15 regard to the safety of the inmates and property of the institution and 16 to engage in practice and training programs in connection with the 17 development and operation of such mutual aid plans. Any lawfully organ- 18 ized fire-fighting forces or [firemen] firefighters from such surround- 19 ing territory may enter upon the grounds of the institution to furnish 20 aid in cases of fire and such emergencies. 21 § 246. Paragraph (p) of subdivision 34 of section 1.20 of the criminal 22 procedure law, as added by chapter 969 of the laws of 1983, is amended 23 to read as follows: 24 (p) Persons appointed as railroad [policemen] police officers pursuant 25 to section eighty-eight of the railroad law. 26 § 247. Subdivisions 12, 13, 29, 49 and 54 of section 2.10 of the crim- 27 inal procedure law, as added by chapter 843 of the laws of 1980, subdi- 28 vision 49 as amended by chapter 141 of the laws of 1988, and subdivision 29 54 as added by chapter 969 of the laws of 1983, are amended to read as 30 follows: 31 12. Special [policemen] police officers designated by the commissioner 32 and the directors of in-patient facilities in the office of mental 33 health pursuant to section 7.25 of the mental hygiene law, and special 34 [policemen] police officers designated by the commissioner and the 35 directors of facilities under his or her jurisdiction in the office [of36mental retardation and] for people with developmental disabilities 37 pursuant to section 13.25 of the mental hygiene law; provided, however, 38 that nothing in this subdivision shall be deemed to authorize such offi- 39 cers to carry, possess, repair or dispose of a firearm unless the appro- 40 priate license therefor has been issued pursuant to section 400.00 of 41 the penal law. 42 13. Persons designated as special [policemen] police officers by the 43 director of a hospital in the department of health pursuant to section 44 four hundred fifty-five of the public health law; provided, however, 45 that nothing in this subdivision shall be deemed to authorize such offi- 46 cer to carry, possess, repair or dispose of a firearm unless the appro- 47 priate license therefor has been issued pursuant to section 400.00 of 48 the penal law. 49 29. Special [policemen] police officers for horse racing, appointed 50 pursuant to the provisions of the pari-mutuel revenue law as set forth 51 in chapter two hundred fifty-four of the laws of nineteen hundred forty, 52 as amended; provided, however, that nothing in this subdivision shall be 53 deemed to authorize such officer to carry, possess, repair or dispose of 54 a firearm unless the appropriate license therefor has been issued pursu- 55 ant to section 400.00 of the penal law.S. 6542--B 122 1 49. Members of the army national guard military police and air 2 national guard security personnel belonging to the organized militia of 3 the state of New York when they are designated as peace officers under 4 military regulations promulgated by the adjutant general and when 5 performing their duties as military [policemen] police officers or air 6 security personnel pursuant to orders issued by appropriate military 7 authority; provided, however, that nothing in this subdivision shall be 8 deemed to authorize such military police or air security personnel to 9 carry, possess, repair or dispose of a firearm unless the appropriate 10 license therefor has been issued pursuant to section 400.00 of the penal 11 law. 12 54. Special [policemen] police officers appointed pursuant to section 13 one hundred fifty-eight of the town law; provided, however, that nothing 14 in this subdivision shall be deemed to authorize such officer to carry, 15 possess, repair or dispose of a firearm unless the appropriate license 16 therefor has been issued pursuant to section 400.00 of the penal law. 17 § 248. Section 464 of the real property tax law, as amended by chapter 18 807 of the laws of 1965, is amended to read as follows: 19 § 464. Incorporated associations of volunteer [firemen] firefighters. 20 1. Except as [othewise] otherwise provided in subdivision two of this 21 section, real property owned by an incorporated association of present 22 or former volunteer [firemen] firefighters, other than a business corpo- 23 ration, which is (a) actually and exclusively used and occupied by such 24 incorporated association or (b) leased to the city, town, village or 25 fire district in which the real property is located and is actually and 26 exclusively used and occupied by such city, town, village or fire 27 district for fire department purposes or for the social and recreational 28 use of the [firemen] firefighters and residents of the city, town, 29 village or fire district, provided the rent under any such lease does 30 not exceed the amount of carrying, maintenance and depreciation charges 31 or (c) leased to the school district in which the real property is 32 located and is actually and exclusively used and occupied by such school 33 district for school district purposes, provided the rent under any such 34 lease does not exceed the amount of carrying, maintenance and depreci- 35 ation charges, shall be exempt from taxation, but the total amount of 36 the exemption to any one incorporated association shall not exceed twen- 37 ty thousand dollars. 38 2. Notwithstanding the provisions of subdivision one of this section, 39 real property owned by an incorporated volunteer fire company or fire 40 department created for the purpose of furnishing fire protection which 41 is (a) actually and exclusively used and occupied by such fire company 42 or fire department for public purposes or (b) leased to the city, town, 43 village or fire district in which the real property is located and is 44 actually and exclusively used and occupied by such city, town, village 45 or fire district for governmental purposes including but not limited to 46 the social and recreational use of the [firemen] firefighters and resi- 47 dents of the city, town, village or fire district provided the rent 48 under any such lease does not exceed the amount of carrying, maintenance 49 and depreciation charges or (c) leased to the school district in which 50 the real property is located and is actually and exclusively used and 51 occupied by such school district for school district purposes, provided 52 the rent under any such lease does not exceed the amount of carrying, 53 maintenance and depreciation charges, shall be exempt from taxation and 54 exempt from special ad valorem levies and special assessments to the 55 extent provided in section four hundred ninety of this chapter. In the 56 event that not all of the real property shall be used and occupied forS. 6542--B 123 1 such purposes then exemption of the portion not so used shall be limited 2 to the exemption provided in subdivision one of this section. 3 3. The term "public purpose", as used in this section, shall mean land 4 and buildings, or portions thereof, used for 5 (a) housing, storage, repair and testing of fire department vehicles 6 and of equipment, appliances, devices, tools, protective clothing, 7 uniforms and supplies, 8 (b) receipt and dispatch of alarms, 9 (c) training, drills and instruction, 10 (d) generators, lockers, showers, custodial quarters, 11 (e) offices, company meetings, ready room, 12 (f) social and recreational use, other than for income producing or 13 business purposes, of both the [firemen] firefighters and residents of 14 the city, town, village or fire district in which the real property is 15 located. 16 § 249. Section 466 of the real property tax law is amended to read as 17 follows: 18 § 466. Volunteer [firemen] firefighters and fire companies in 19 villages. Upon the adoption of a proposition therefor by the qualified 20 voters of a village, the real property owned by a volunteer member of 21 the village fire department and the real property owned by any volunteer 22 fire company in the village shall be exempt from taxation for village 23 purposes to the extent of five hundred dollars in addition to any other 24 exemption authorized by law. 25 § 250. Section 223 of the racing, pari-mutuel wagering and breeding 26 law, as amended by chapter 18 of the laws of 2008, is amended to read as 27 follows: 28 § 223. Special [policemen] police officers. For the purpose of 29 preserving order and preventing offenses against the laws prohibiting 30 gambling, the trustees or directors of any corporation created under or 31 subject to the provisions of this article are hereby authorized to 32 appoint from time to time, five or more special [policemen] police offi- 33 cers, and the same to remove at pleasure, who, when appointed, shall be 34 peace officers with the same powers within and about such grounds as are 35 set forth in section 2.20 of the criminal procedure law, whose duty, 36 when appointed, shall be to preserve order within and around the grounds 37 and racetracks of such corporation, to protect the property within such 38 grounds, to eject or arrest all persons who shall be improperly within 39 the grounds of such corporation or who shall be guilty of disorderly 40 conduct, or who shall neglect or refuse to pay the fees or to observe 41 the rules prescribed by such corporation; and it shall be the further 42 duty of such [policemen] police officers, when appointed, to prevent all 43 violations of law with reference to pool-selling, bookmaking and other 44 gambling, and to arrest any and all persons violating such provisions, 45 and to convey such person or persons so arrested, with a statement of 46 the cause of such arrest, before a court having jurisdiction of such 47 offense, to be dealt with according to the law. The appointment of 48 [policemen] police officers in pursuance of this section shall not be 49 deemed to supersede in any way on the grounds and racetrack of such 50 corporation the authority of peace officers or police officers of the 51 jurisdiction within which such grounds and racetrack are located. 52 § 251. Section 312 of the racing, pari-mutuel wagering and breeding 53 law is amended to read as follows: 54 § 312. Special [policemen] police officers. 1. For the purpose of 55 preserving order and preventing offenses against the laws prohibiting 56 gambling, the officers or directors of any corporation or associationS. 6542--B 124 1 created under or subject to the provisions of sections two hundred twen- 2 ty-two through seven hundred five of this chapter are hereby authorized 3 to appoint from time to time, special [policemen] police officers, and 4 the same to remove at pleasure, who, when appointed, shall be peace 5 officers with the same powers within and about such grounds as are vest- 6 ed in peace officers as set forth in section 2.20 of the criminal proce- 7 dure law, whose duty and powers, when appointed, shall be to preserve 8 order within and around the grounds and racetracks of said corporation 9 or association, to protect the property within said grounds, to eject or 10 arrest all persons who shall be improperly within the grounds of such 11 corporation or association or who shall be guilty of disorderly conduct, 12 or who shall neglect or refuse to pay the fees or to observe the rules 13 prescribed by said corporation or association; and it shall be the 14 further duty of said [policemen] police officers, when appointed to 15 prevent all violations of law with reference to pool-selling, bookmak- 16 ing, and other gambling, and to arrest any and all persons violating 17 such provisions, and to convey such person or persons so arrested, with 18 a statement of the cause of such arrest, before a court having jurisdic- 19 tion of such offense, to be dealt with according to the law. The 20 appointment of [policemen] police officers in pursuance of this section 21 shall not be deemed to supersede in any wise on the grounds and race- 22 track of such corporation or association the authority of peace officers 23 or police officers of the jurisdiction within which such grounds and 24 racetrack are located. 25 2. Any appointment of a special [policeman] police officer under this 26 section shall only be made with the approval of the state racing and 27 wagering board. Application for such approval shall be in such form as 28 may be prescribed by the board and shall contain such other information 29 or material or evidence as the board shall require. In acting on an 30 application for such approval the board shall consider the background, 31 experience, integrity, and competence of the candidate for appointment, 32 the public interest, convenience or necessity and the interests of 33 harness racing generally. The board in its discretion may set the term 34 of any such appointment, terminate any existing appointment at any time 35 and prescribe conditions and rules for the conduct of such office. 36 § 252. Section 412 of the racing, pari-mutuel wagering and breeding 37 law is amended to read as follows: 38 § 412. Special [policemen] police officers. 1. For the purpose of 39 preserving order and preventing offenses against the laws prohibiting 40 gambling, the officers or directors of any corporation or association 41 created under or subject to the provisions of this article are hereby 42 authorized to appoint from time to time, special [policemen] police 43 officers, and the same to remove at pleasure, who, when appointed, shall 44 be peace officers with the same powers within and about such grounds as 45 are set forth in section 2.20 of the criminal procedure law whose duty, 46 when appointed, shall be to preserve order within and around the grounds 47 and racetracks of said corporation or association, to protect the prop- 48 erty within said grounds, to eject or arrest all persons who shall be 49 improperly within the grounds of such corporation or association or who 50 shall be guilty of disorderly conduct, or who shall neglect or refuse to 51 pay the fees or to observe the rules prescribed by said corporation or 52 association; and it shall be the further duty of said [policemen] police 53 officers, when appointed to prevent all violations of law with reference 54 to pool-selling, bookmaking, and other gambling, and to arrest any and 55 all persons violating such provisions, and to convey such person or 56 persons so arrested, with a statement of the cause of such arrest,S. 6542--B 125 1 before a magistrate having jurisdiction of such offense, to be dealt 2 with according to law. The appointment of [policemen] police officers in 3 pursuance of this section shall not be deemed to supersede in any way on 4 the grounds and racetrack of such corporation or association the author- 5 ity of peace officers or police officers of the jurisdiction within 6 which such grounds and racetrack are located. 7 2. Any appointment of a special [policeman] police officer under this 8 section, shall only be made with the approval of the state racing and 9 wagering board. Application for such approval shall be in such form as 10 may be prescribed by the board and shall contain such other information 11 or material or evidence as the board shall require. In acting on an 12 application for such approval the board shall consider the background, 13 experience, integrity, and competence of the candidate for appointment, 14 the public interest, convenience or necessity and the interests of quar- 15 ter horse racing generally. The board in its discretion may set the term 16 of any such appointment, terminate any existing appointment at any time 17 and prescribe conditions and rules for the conduct of such office. 18 § 253. Section 504 of the racing, pari-mutuel wagering and breeding 19 law is amended to read as follows: 20 § 504. Policing off-track betting. 1. For the purpose of preserving 21 order and preventing offenses against the laws prohibiting gambling and 22 the rules and regulations promulgated pursuant to sections two hundred 23 twenty-two through seven hundred five of this chapter, the officers or 24 directors of each corporation subject to the provisions of this article 25 are hereby authorized to appoint from time to time, special [policemen] 26 police officers, and the same to remove at pleasure, who, when 27 appointed, shall within any office of a corporation and within five 28 hundred feet therefrom be vested with the powers of peace officers, as 29 set forth in section 2.20 of the criminal procedure law, whose duty, 30 when appointed, shall be to preserve order within and around the offices 31 of said corporation, to protect the property within, to eject or arrest 32 all persons who shall be improperly within the office of such corpo- 33 ration or who shall be guilty of disorderly conduct, or who shall 34 neglect or refuse to observe the rules prescribed by said corporation; 35 and it shall be the further duty of said [policemen] police officers, 36 when appointed to prevent all violations of law with reference to pool- 37 selling, bookmaking and other gambling and all violations of the rules 38 and regulations promulgated pursuant to sections two hundred twenty-two 39 through seven hundred five of this chapter having the force of law and 40 to arrest any and all persons violating such provisions, and to convey 41 such person or persons so arrested, with a statement of the cause of 42 such arrest, before a magistrate having jurisdiction of such offense, to 43 be dealt with according to law. The appointment of special [policemen] 44 police officers in pursuance of this section shall not be deemed to 45 supersede in any way the authority of peace officers or police officers 46 of the jurisdiction within which the offices of the corporation are 47 located. 48 2. Any appointment of a special [policeman] police officer under this 49 section, shall only be made with the approval of the state racing and 50 wagering board. Application for such approval shall be in such form as 51 may be prescribed by the board and shall contain such other information 52 or material or evidence as it shall require. In acting on an applica- 53 tion for such approval the board shall consider the background, experi- 54 ence, integrity, and competence of the candidate for appointment, the 55 public interest, convenience or necessity and the interests of legalized 56 wagering generally. The board in its discretion may set the term of anyS. 6542--B 126 1 such appointment, terminate any existing appointment at any time and 2 prescribe conditions and rules for the conduct of such office. 3 § 254. The opening paragraph of subdivision 2 of section 605 of the 4 racing, pari-mutuel wagering and breeding law, as amended by chapter 115 5 of the laws of 2008, is amended to read as follows: 6 Such policing shall be provided through employees of the corporation 7 designated as: (i) special [patrolmen] patrol officer by the police 8 commissioner of the city and serving pursuant to the provisions of 9 section 14-106 of the administrative code of the city of New York, or 10 (ii) special [policemen] police officers designated in a manner consist- 11 ent with section five hundred four of this chapter. When so designated, 12 such special [patrolmen] patrol officers or special [policemen] police 13 officers shall, in the branch offices and the other facilities and prem- 14 ises of the corporation, and in the areas within five hundred feet ther- 15 efrom: 16 § 255. Paragraph 2 of subdivision (a) of section 110 of the uniform 17 justice court act, as amended by chapter 236 of the laws of 1971, is 18 amended to read as follows: 19 2. a village court, the [policemen] police officers, marshals and 20 constables of the village and the sheriff of the county; 21 § 256. Subdivision 18 of section 58 of the New York city criminal 22 court act, as amended by chapter 843 of the laws of 1980, is amended to 23 read as follows: 24 (18) Where an appearance ticket has been served by a special [police-25man] police officer pursuant to sections 7.25 and 13.25 of the mental 26 hygiene law in lieu of arrest in cases authorized by article one hundred 27 fifty of the criminal procedure law, the commissioner of mental hygiene 28 or director of hospitals, schools and institutes operated by the depart- 29 ment of mental hygiene are hereby authorized to administer to such 30 special [policemen] police officers all necessary oaths in connection 31 with the execution of the accusatory instrument to be presented in court 32 by such special [policemen] police officers in the prosecution of such 33 offense. 34 § 257. Paragraph 1 of subdivision d of section 13-145.1 of the admin- 35 istrative code of the city of New York, as added by chapter 823 of the 36 laws of 1985, is amended to read as follows: 37 (1) he or she had been appointed a [fireman] firefighter on the earli- 38 est date on which, after last becoming a member of the retirement 39 system, he or she began service in one of the positions in the fire 40 department mentioned in subdivision a of this section; and 41 § 258. Subdivision f of section 13-155 of the administrative code of 42 the city of New York is amended to read as follows: 43 f. Notwithstanding any other provision of this section, the provisions 44 of section two hundred seven-d of the general municipal law shall apply 45 to any correction member in the same manner and to the same extent as if 46 the definition of ["policeman"] "police officer" in such section 47 included a paid officer or member of the uniformed correction force; 48 provided, however, that any such member shall not be entitled to any 49 rights or benefits under such section two hundred seven-d in the event 50 that, if a member of the police force of the city and of the police 51 pension fund maintained pursuant to subchapter two of chapter two of 52 this title, who had elected a minimum period of service as a prerequi- 53 site for eligibility for retirement for service and who had served in 54 the city police force beyond such minimum period of service, were to 55 retire for any cause whatsoever on the same date as that on which such 56 correction member retires for any cause whatsoever, the provisions ofS. 6542--B 127 1 such section two hundred seven-d would not be applicable, operative or 2 effective for determining the rights or benefits of such member of the 3 city police force. 4 § 259. Subdivision f of section 13-156 of the administrative code of 5 the city of New York is amended to read as follows: 6 f. Notwithstanding any other provision of this section, the provisions 7 of section two hundred seven-d of the general municipal law shall apply 8 to any housing police member in the same manner and to the same extent 9 as if the definition of ["policeman"] "police officer" in such section 10 included a paid officer or member of the housing police service; 11 provided, however, that any such member shall not be entitled to any 12 rights or benefits under such section two hundred seven-d in the event 13 that, if a member of the police force of the city and of the police 14 pension fund maintained pursuant to subchapter two of chapter two of 15 this title, who had elected a minimum period of service as a prerequi- 16 site for eligibility for retirement for service and who had served in 17 the city police force beyond such minimum period of service, were to 18 retire for any cause whatsoever on the same date as that on which such 19 housing police member retires for any cause whatsoever, the provisions 20 of such section two hundred seven-d would not be applicable, operative 21 or effective for determining the rights or benefits of such member of 22 the city police force. 23 § 260. Subdivision f of section 13-157 of the administrative code of 24 the city of New York is amended to read as follows: 25 f. Notwithstanding any other provision of this section, the provisions 26 of section two hundred seven-d of the general municipal law shall apply 27 to any transit police member in the same manner and to the same extent 28 as if the definition of ["policeman"] "police officer" in such section 29 included a paid officer or member of the uniformed transit police force; 30 provided, however, that any such member shall not be entitled to any 31 rights or benefits under such section two hundred seven-d in the event 32 that, if a member of the police force of the city and of the police 33 pension fund maintained pursuant to subchapter two of chapter two of 34 this title; who had elected a minimum period of service as a prerequi- 35 site for eligibility for retirement for service and who had served in 36 the city police force beyond such minimum period of service, were to 37 retire for any cause whatsoever on the same date as that on which such 38 transit police member retires for any cause whatsoever, the provisions 39 of such section two hundred seven-d would not be applicable, operative 40 or effective for determining the rights or benefits of such member of 41 the city police force. 42 § 261. Paragraphs 5, 6, 7 and 8 of subdivision a of section 13-302 of 43 the administrative code of the city of New York are amended to read as 44 follows: 45 5. The president of the uniformed [firemen's] firefighters' associ- 46 ation of greater New York who shall be entitled to cast two votes. 47 6. The vice-president of the uniformed [firemen's] firefighters' asso- 48 ciation of greater New York who shall be entitled to cast two votes. 49 7. The treasurer of the uniformed [firemen's] firefighters' associ- 50 ation of greater New York who shall be entitled to cast two votes. 51 8. The chairperson of the board of trustees of the uniformed [fire-52men's] firefighters' association of greater New York who shall be enti- 53 tled to cast two votes. 54 § 262. Subdivision a of section 13-305 of the administrative code of 55 the city of New York is amended to read as follows:S. 6542--B 128 1 a. Notwithstanding the provisions of section 13-304 of this chapter, 2 in any case where a pension was awarded under the provisions of such 3 section, or any predecessor section, by reason of the retirement of a 4 member for disability caused or induced by the actual performance of the 5 duties of his or her position, prior to July first, nineteen hundred 6 sixty-five, such member shall be entitled to a pension of not less than 7 three-fourths the annual salary or compensation payable to a first grade 8 [fireman] firefighter as of July first, nineteen hundred sixty-five. In 9 the case of any member receiving a pension less than three-fourths the 10 annual salary or compensation of a first grade firefighter as of July 11 first, nineteen hundred sixty-five, his or her pension will be increased 12 to an amount which will equal three-fourths the annual salary or compen- 13 sation of a first grade [fireman] firefighter as of July first, nineteen 14 hundred sixty-five. 15 § 263. Section 2 of the volunteer firefighters' benefit law, as 16 amended by chapter 751 of the laws of 1957, is amended to read as 17 follows: 18 § 2. Purpose. One of the finest traditions of American community life 19 is the service which people render to others without remuneration. 20 Volunteer [firemen] firefighters have long been in the forefront of this 21 group. In recognition of the unselfish service by these volunteers, 22 government has undertaken to provide for them and their families some 23 measure of protection against loss from death or injuries in line of 24 duty. Over the years there has developed a dual system of benefits when 25 volunteer [firemen] firefighters are killed or injured. The dual system 26 has caused uncertainty and confusion. This law establishes a new single 27 system of benefits for volunteer [firemen] firefighters and provides for 28 the administration of such system by the [workmen's] workers' compen- 29 sation board and the chairman of such board. 30 It is hereby declared that this chapter is intended to effectuate the 31 objects and purposes of section eighteen of article one of the state 32 constitution and that the relationship between the political subdivision 33 liable for benefits under this chapter and a volunteer [fireman] fire- 34 fighter entitled to such benefits is that of employer and employee with- 35 in the meaning of such provision of the state constitution. 36 § 264. Subdivisions 1, 4, 5, 7 and 8 of section 3 of the volunteer 37 firefighters' benefit law, subdivision 4 as amended by chapter 751 of 38 the laws of 1957, subdivision 5 as amended by chapter 67 of the laws of 39 1981, and subdivision 8 as amended by chapter 697 of the laws of 1956, 40 are amended to read as follows: 41 1. "Volunteer [fireman] firefighter" means an active volunteer member 42 of a fire company. 43 4. "Injury" includes any disablement of a volunteer [fireman] fire- 44 fighter that results from services performed in line of duty and such 45 disease or infection as may naturally and unavoidably result from an 46 injury. 47 5. "Child" includes a posthumous child, a child legally adopted prior 48 to the injury of the volunteer [fireman] firefighter; and a step-child 49 or acknowledged child born out of wedlock dependent upon the deceased 50 volunteer [fireman] firefighter. 51 7. "Dependent" includes a surviving spouse entitled to receive bene- 52 fits under this chapter, whether or not actually dependent upon a volun- 53 teer [fireman] firefighter, unless a contrary meaning is clearly 54 intended. 55 8. "Earning capacity", except as herein provided, means:S. 6542--B 129 1 a. The ability of a volunteer [fireman] firefighter to perform on a 2 five-day or six-day basis either the work usually and ordinarily 3 performed by him or her in his or her remunerated employment or other 4 work which for any such worker would be a reasonable substitute for the 5 remunerated employment in which he or she was employed at the time of 6 his or her injury, or 7 b. The ability of a volunteer [fireman] firefighter to perform on a 8 five-day or six-day basis either the work usually and ordinarily 9 performed by him or her in the practice of his or her profession or in 10 the conduct of his or her trade or business, including farming, and from 11 which he or she could derive earned income or other work which for any 12 such person would be a reasonable substitute for the profession, trade 13 or business in which he or she was engaged at the time of his or her 14 injury. 15 Every volunteer [fireman] firefighter shall be considered to have 16 earning capacity and, if the provisions of paragraphs a and b above are 17 not applicable in any given case, the [workmen's] workers' compensation 18 board, in the interest of justice, shall determine the reasonable earn- 19 ing capacity of the volunteer [fireman] firefighter with due regard to 20 the provisions of such paragraphs and the work he or she reasonably 21 could be expected to obtain and for which he or she is qualified by age, 22 education, training and experience. The ability of a volunteer [fireman] 23 firefighter to perform the duties of a volunteer [fireman] firefighter, 24 or to engage in activities incidental thereto, may be considered in 25 determining loss of earning capacity, but the inability of a volunteer 26 [fireman] firefighter to perform such duties or to engage in such activ- 27 ities shall not be a basis of determining loss of earning capacity. 28 § 265. Paragraphs d, l and m of subdivision 1, and subdivision 2 of 29 section 5 of the volunteer firefighters' benefit law, paragraphs d and m 30 of subdivision 1 as amended by chapter 161 of the laws of 1983, para- 31 graph l of subdivision 1 as amended by chapter 735 of the laws of 1984, 32 subdivision 2 as amended by chapter 313 of the laws of 1963, paragraph a 33 of subdivision 2 as amended by chapter 341 of the laws of 2005 and the 34 closing paragraph of subdivision 2 as amended by chapter 805 of the laws 35 of 1984, are amended to read as follows: 36 d. While, within this country or in Canada and pursuant to orders or 37 authorization, instructing or being instructed in fire duties, attending 38 a training school or course of instruction for [firemen] firefighters, 39 or attending or participating in any noncompetitive training program, 40 including necessary travel directly connected therewith, as well as 41 necessary travel to and necessary travel returning from such activity. 42 l. While, within this country or Canada and pursuant to orders or 43 authorization, attending a convention or conference of [firemen] fire- 44 fighters or fire officers or fire district officers as the authorized 45 delegate or representative of his or her fire department, fire company 46 or any unit thereof, including necessary travel directly connected ther- 47 ewith, as well as necessary travel to and necessary travel returning 48 from such activity. 49 m. While, within the state and pursuant to orders or authorization, 50 working in connection with a fund raising activity of his or her fire 51 company, as defined in subdivision fifteen of section three of this 52 chapter including necessary travel directly connected therewith, as well 53 as necessary travel to and necessary travel returning from such activ- 54 ity, but shall not include competitive events in which volunteer [fire-55men] firefighters are competitors, such as baseball, basketball, foot- 56 ball, bowling, tugs of war, water-ball fights, donkey baseball, boxing,S. 6542--B 130 1 wrestling, contests between bands or drum corps, or other competitive 2 events in which volunteer [firemen] firefighters are competitors and 3 which involve physical exertion on the part of the competitors. 4 2. Benefits shall not be paid and provided pursuant to this chapter in 5 the following instances: 6 a. Work or service rendered by a volunteer firefighter while on a 7 leave of absence pursuant to either section two hundred-b or section two 8 hundred-c of the general municipal law, unless such work or service is 9 performed pursuant to subdivision one-a of section two hundred-b or 10 subdivision one-a of section two hundred-c of the general municipal law, 11 or pursuant to any other general, special or local law, charter or ordi- 12 nance or pursuant to the constitution, by-laws, rules or regulations 13 applicable to the fire company or fire department of which he or she is 14 a member. 15 b. Practice for and participation in any recreational, social, or fund 16 raising activity other than a fund raising activity for which coverage 17 is provided under paragraph m of subdivision one of this section. 18 c. Work or service rendered by a volunteer [fireman] firefighter while 19 suspended from duty pursuant to section two hundred nine-l of the gener- 20 al municipal law, article eight of the village law or pursuant to any 21 other general, special or local law, charter or ordinance or pursuant to 22 the constitution, by-laws, rules or regulations applicable to the fire 23 company or fire department of which he or she is a member. 24 d. Work or service not rendered as a volunteer [fireman] firefighter, 25 but rendered as an officer, official or employee of a public corporation 26 or any special district thereof, whether with or without remuneration, 27 even though by law a requirement for such office, position or employment 28 shall be that such officer, official or employee shall have been or must 29 be a volunteer [fireman] firefighter. 30 e. Work or service not rendered as a volunteer [fireman] firefighter, 31 but rendered in the course of his or her employment for a private 32 employer. 33 f. Work or service not rendered as a volunteer [fireman] firefighter, 34 but rendered as a civil defense volunteer. 35 g. Work, service or activities in which the volunteer [fireman] fire- 36 fighter has been ordered not to participate. 37 This subdivision shall not be deemed to enumerate all of the activ- 38 ities engaged in by volunteer [firemen] firefighters for which mandatory 39 coverage is not provided by this chapter, or to prohibit any of the 40 activities described in this subdivision, or to prevent the securing of 41 insurance pursuant to section four thousand two hundred thirty-seven of 42 the insurance law to cover volunteer [firemen] firefighters when engaged 43 in activities other than those for which mandatory coverage is provided 44 by this chapter. 45 § 266. Section 6 of the volunteer firefighters' benefit law, as 46 amended by chapter 751 of the laws of 1957, is amended to read as 47 follows: 48 § 6. Volunteer [firemen's] firefighters' benefits; general. If a 49 volunteer [fireman] firefighter dies from the effects of injury in line 50 of duty, or if such a [fireman] firefighter shall be injured in line of 51 duty, benefits shall be paid and provided pursuant to this chapter, 52 except that there shall be no liability for such benefits when the inju- 53 ry has been solely occasioned by intoxication of the volunteer [fireman] 54 firefighter while acting in line of duty or by the wilful intention of 55 the volunteer [fireman] firefighter to bring about the injury or death 56 of himself or herself or another.S. 6542--B 131 1 § 267. Subdivisions 2, 4, 19, 21, 22, 31, 32, 33 and 34 of section 7 2 of the volunteer firefighters' benefit law, as amended by chapter 212 of 3 the laws of 2005, are amended to read as follows: 4 2. If there be a surviving spouse, to such spouse the lump sum of 5 fifty-six thousand dollars, but if there be no surviving spouse, then to 6 the executor or administrator of the estate of the volunteer [fireman] 7 firefighter, the lump sum of fifty-six thousand dollars. Such sum shall 8 be in addition to any other benefits provided in this chapter and shall 9 not be diminished by benefits paid to the volunteer [fireman] firefight- 10 er during his or her lifetime. Any money paid to an executor or adminis- 11 trator pursuant to the provisions of this subdivision shall be distrib- 12 uted in the manner provided by the laws of this state for the 13 distribution of the personal property of an intestate decedent. 14 Provided, however, that nothing herein shall be construed as affording a 15 greater benefit for those volunteer [firemen] firefighters injured prior 16 to the effective date of this act, however the spouse or estate of such 17 [fireman] firefighter shall continue to be eligible for a benefit in the 18 sum of eleven thousand eighty-four dollars. 19 4. If there be a surviving spouse and a surviving child or children of 20 the deceased under the age of eighteen years or under the age of twen- 21 ty-five years who is enrolled as a full time student in any accredited 22 educational institution or a surviving child or children of any age 23 dependent blind or physically disabled, to such spouse ninety-five 24 dollars for each week until remarried, and upon such remarriage the lump 25 sum of nine thousand eight hundred fifty-six dollars; and an additional 26 amount of sixty-three dollars for each week for each such child until 27 the age of eighteen years or under the age of twenty-five years who is 28 enrolled as a full time student in any accredited educational institu- 29 tion or until the removal of the dependency of the blind or physically 30 disabled child or children; in the case of the subsequent death or 31 remarriage of such surviving spouse any surviving child of the deceased 32 [fireman] firefighter, at the time under eighteen years of age or under 33 the age of twenty-five years who is enrolled as a full time student in 34 any accredited educational institution or dependent through mental or 35 physical infirmity, shall have his or her benefit increased to ninety- 36 five dollars for each week, and the same shall be payable until he or 37 she shall reach the age of eighteen years or twenty-five years, as the 38 case may be, or until such dependent blind or physically disabled condi- 39 tion shall have been removed; provided that the total amount payable for 40 each week under this subdivision shall in no case exceed two hundred 41 fifty-three dollars per week. Upon statutory termination of payments to 42 all such children, the payments to the surviving spouse shall be 43 increased to one hundred thirty dollars for each week until such spouse 44 remarries, and upon such remarriage, such spouse shall be paid the lump 45 sum of twelve thousand thirty-three dollars. 46 19. In the case of a death of a volunteer [fireman] firefighter, on or 47 after January first, nineteen hundred seventy-nine, that results from 48 services performed in the line of duty, if there be a surviving spouse 49 and no surviving child of the deceased under the age of eighteen years 50 or under the age of twenty-five years who is enrolled as a full time 51 student in any accredited educational institution and no surviving child 52 of any age dependent blind or physically disabled, to such spouse four 53 hundred seventy-seven dollars for each week until remarried, and upon 54 such remarriage the lump sum of forty-nine thousand five hundred sixty- 55 eight dollars.S. 6542--B 132 1 21. In the case of a death of a volunteer [fireman] firefighter, on or 2 after January first, nineteen hundred seventy-nine, that results from 3 services performed in the line of duty, if there be surviving a child or 4 children of the deceased under the age of eighteen years or under the 5 age of twenty-five years who is enrolled as a full time student in any 6 accredited educational institution or a dependent blind or physically 7 disabled child or children of any age, but no surviving spouse, for the 8 support of such child or children until the age of eighteen years or 9 twenty-five years as the case may be, or until the removal of the 10 dependency of such blind or physically disabled child or children, four 11 hundred seventy-seven dollars, share and share alike, for each week; 12 provided that the total amount payable for each week under this subdivi- 13 sion shall not exceed four hundred seventy-seven dollars per week. 14 22. In the case of a death of a volunteer [fireman] firefighter, on or 15 after January first, nineteen hundred seventy-nine, that results from 16 services performed in the line of duty, if there be no surviving spouse 17 or child of the deceased under the age of eighteen years or under the 18 age of twenty-five years who is enrolled as a full time student in any 19 accredited educational institution or dependent blind or physically 20 disabled child of the deceased of any age, then for the support of 21 grandchildren or brothers and sisters under the age of eighteen years or 22 under the age of twenty-five years who is enrolled as a full time 23 student in any accredited educational institution if dependent upon the 24 deceased at the time of the injury, one hundred seventy-eight dollars 25 and seventy-four cents for each week for the support of each such person 26 until the age of eighteen years or twenty-five years as the case may be, 27 and for the support of each parent or grandparent of the deceased, if 28 dependent upon the deceased at the time of the injury, two hundred 29 eighty-six dollars for each week during such dependency, but in no case 30 shall the aggregate amount payable under this subdivision exceed four 31 hundred seventy-seven dollars per week. 32 31. In the case of a death of a volunteer [fireman] firefighter on or 33 after July first, nineteen hundred eighty-five, that results from 34 services performed in the line of duty, if there be a surviving spouse 35 and no surviving child of the deceased under the age of eighteen years 36 or under the age of twenty-five years who is enrolled as a full time 37 student in any accredited educational institution and no surviving child 38 of any age dependent blind or physically disabled to such spouse six 39 hundred sixty-five dollars for each week until remarried and upon such 40 remarriage the lump sum of sixty-nine thousand one hundred sixty-four 41 dollars. 42 32. In the case of a death of a volunteer [fireman] firefighter on or 43 after July first, nineteen hundred eighty-five, that results from 44 services performed in the line of duty, if there be a surviving spouse 45 and a surviving child or children of the deceased under the age of eigh- 46 teen years or under the age of twenty-five years who is enrolled as a 47 full time student in any accredited educational institution or a surviv- 48 ing child or children of any age dependent blind or physically disabled, 49 to such spouse three hundred sixty-six dollars for each week until 50 remarried, and the additional amount of three hundred dollars for each 51 week for such child or children, share and share alike, until the age of 52 eighteen years or under the age of twenty-five years who is enrolled as 53 a full time student in any accredited educational institution or until 54 the removal of the dependency of the blind or physically disabled child 55 or children. In the case of the death of such surviving spouse, the 56 surviving child or children of the deceased [fireman] firefighter, atS. 6542--B 133 1 the time under eighteen years of age or under the age of twenty-five 2 years who is enrolled as a full time student in any accredited educa- 3 tional institution or dependent through mental or physical infirmity, 4 shall have his or her benefit increased to six hundred sixty-five 5 dollars, for each week, share and share alike, and the same shall be 6 payable until he or she or they shall reach the age of eighteen years or 7 twenty-five years as the case may be, or until such dependent blind or 8 physically disabled condition shall have been removed. Upon the remar- 9 riage of such surviving spouse prior to the statutory termination of 10 benefit to all such children, such spouse shall be paid the lump sum of 11 thirty-eight thousand forty dollars and the surviving child shall 12 continue to receive weekly payments of three hundred dollars; if there 13 be two surviving children, each shall receive two hundred fifty dollars 14 per week; and if there be more than two surviving children, they shall 15 receive six hundred sixty-five dollars per week, share and share alike; 16 and the same shall be payable until he or she or they shall reach the 17 age of eighteen years or twenty-five years, as the case may be, or until 18 such dependent blind or physically disabled condition shall have been 19 removed. Upon statutory termination of payments to all such children, 20 the payments to the surviving spouse shall be increased to six hundred 21 sixty-five dollars for each week until such spouse remarries and upon 22 such remarriage such spouse shall be paid the lump sum of sixty-nine 23 thousand one hundred sixty-four dollars. In no event shall the total 24 amount payable for each week under this subdivision exceed six hundred 25 sixty-five dollars. 26 33. In the case of a death of a volunteer [fireman] firefighter on or 27 after July first, nineteen hundred eighty-five, that results from 28 services performed in the line of duty, if there be surviving a child or 29 children of the deceased under the age of eighteen years or under the 30 age of twenty-five years who is enrolled as a full time student in any 31 accredited educational institution or a dependent child or physically 32 disabled child or children of any age, but no surviving spouse, for 33 support of such child or children until the age of eighteen years or 34 twenty-five years as the case may be, or until removal of the dependency 35 of such blind or physically disabled child or children, six hundred 36 sixty-five dollars share and share alike, for each week; provided that 37 the total amount payable for each week under this subdivision shall not 38 exceed six hundred sixty-five dollars per week. 39 34. In the case of a death of a volunteer [fireman] firefighter on or 40 after July first, nineteen hundred eighty-five, that results from 41 services performed in the line of duty, if there be no surviving spouse 42 or child of the deceased under the age of eighteen years or under the 43 age of twenty-five years who is enrolled as a full time student in any 44 accredited educational institution, or dependent blind or physically 45 disabled child of the deceased of any age, then for the support of 46 grandchildren or brothers and sisters under the age of eighteen years or 47 under the age of twenty-five years who is enrolled as a full time 48 student in any accredited educational institution if dependent upon the 49 deceased at the time of the injury, two hundred fifty dollars for each 50 week for the support of each such person until the age of eighteen years 51 or twenty-five years as the case may be, and for the support of each 52 parent or grandparent of the deceased if dependent upon the deceased at 53 the time of the injury, four hundred dollars for each week during such 54 dependency but in no case shall the aggregate amount payable under this 55 subdivision exceed six hundred sixty-five dollars per week.S. 6542--B 134 1 § 268. Section 7-a of the volunteer firefighters' benefit law, as 2 added by chapter 268 of the laws of 1984, is amended to read as follows: 3 § 7-a. Date of death benefits. All weekly benefits payable under 4 section seven of this article shall accrue as of the date of death of 5 the volunteer [fireman] firefighter. In the event that a person or 6 persons entitled to weekly benefits shall die before a determination is 7 made on the merits of their claim, and such determination on the merits 8 is ultimately in their favor, then all weekly benefits due from the date 9 of death of the volunteer [fireman] firefighter up to the date of death 10 of the person or persons entitled to such weekly benefits shall be paid 11 to the executor or administrator of the estate of such person or 12 persons. 13 § 269. The opening subparagraph and subparagraph 4 of paragraph (g) of 14 subdivision 1 and subdivision 3 of section 10 of the volunteer fire- 15 fighters' benefit law, the opening subparagraph and subparagraph 4 of 16 paragraph (g) of subdivision 1 as amended by chapter 584 of the laws of 17 1974, are amended to read as follows: 18 In all other cases of permanent partial disability the volunteer 19 [fireman] firefighter shall be paid for each week during the continuance 20 thereof, as follows: 21 4. If the percentage of loss of earning capacity is less than twenty- 22 five per centum, he or she shall not be paid any weekly benefit. Perma- 23 nent partial disability, within the meaning of this paragraph, shall 24 exist only if the earning capacity of the volunteer [fireman] firefight- 25 er has been permanently and partially lost as the result of the injury. 26 The [workmen's] workers' compensation board shall determine the degree 27 of such disability and such board may reconsider such degree on its own 28 motion or upon application of any party in interest. 29 3. An award for disability may be made after the death of the volun- 30 teer [fireman] firefighter. 31 § 270. The opening paragraph and subdivision 4 of section 11 of the 32 volunteer firefighters' benefit law, as amended by chapter 584 of the 33 laws of 1974, are amended to read as follows: 34 In the case of temporary partial disability the volunteer [fireman] 35 firefighter shall be paid for each week during the continuance thereof, 36 as follows: 37 4. If the percentage of loss of earning capacity is less than twen- 38 ty-five per centum, he or she shall not be paid any weekly benefit. 39 Temporary partial disability, within the meaning of this section, shall 40 exist only if the earning capacity of the volunteer [fireman] firefight- 41 er has been temporarily and partially lost as the result of the injury. 42 The [workmen's] workers' compensation board shall determine the degree 43 of such disability and such board may reconsider such degree on its own 44 motion or upon application of any party in interest. 45 § 271. Section 11-a of the volunteer firefighters' benefit law, as 46 added by chapter 591 of the laws of 1957, is amended to read as follows: 47 § 11-a. Repair or replacement of prosthetic devices. If, as a result 48 of services performed in line of duty, a volunteer [fireman] firefighter 49 damages or loses any prosthetic devices required to be worn or used by 50 him or her, whether or not he or she is injured, such prosthetic device 51 shall be repaired, or replaced in the discretion of the [workmen's] 52 workers' compensation board, and necessary medical, surgical or other 53 attendance or treatment, nurse and hospital service, in connection ther- 54 ewith shall be furnished, in the same manner as a prosthetic device 55 would be furnished, replaced or repaired and treatment and care provided 56 under the provisions of section sixteen of this chapter. Damage to orS. 6542--B 135 1 loss of a prosthetic device shall be deemed an injury, except that no 2 disability benefits shall be payable with respect to such injury under 3 sections eight, nine, ten and eleven of this chapter. The term "pros- 4 thetic device" as used in this section includes an artificial limb, 5 artificial eye, eyeglasses, contact lens, hearing aid, denture or dental 6 appliance or any surgical appliance required to be worn or used by the 7 volunteer [fireman] firefighter, but shall not include shoes or any 8 other article considered as ordinary wearing apparel, whether or not 9 specially constructed. 10 § 272. Section 11-b of the volunteer firefighters' benefit law, as 11 added by chapter 337 of the laws of 1957, is amended to read as follows: 12 § 11-b. Hazardous exposures. If, as a result of services performed in 13 line of duty, a volunteer [fireman] firefighter is exposed to or comes 14 in contact with any poisons, gases, x-rays, radium, radio-active materi- 15 als or other potentially harmful substances or matter, the chief engi- 16 neer or other executive officer of the fire department or fire company 17 of which he or she is a member may authorize the volunteer [fireman] 18 firefighter to obtain such examinations, tests, treatment and care as 19 are immediately necessary to determine whether he or she is injured. Any 20 such authorization may be granted prior to the giving of a notice of 21 injury under this chapter. In any such case, the volunteer [fireman] 22 firefighter shall be deemed to have been injured and shall be entitled 23 to treatment and care and disability benefits as provided in this chap- 24 ter. 25 § 273. Section 14 of the volunteer firefighters' benefit law is 26 amended to read as follows: 27 § 14. Previous disability. The fact that a volunteer [fireman] fire- 28 fighter has suffered previous disability or received benefits therefor 29 as provided in section two hundred five of the general municipal law, 30 the [workmen's] workers' compensation law, or this chapter shall not 31 preclude him or her from benefits for a later injury nor preclude death 32 benefits for death resulting therefrom; provided, however, that a volun- 33 teer [fireman] firefighter who is suffering from a previous disability 34 shall not receive benefits for a later injury in excess of the benefits 35 allowed for such injury when considered by itself and not in conjunction 36 with the previous disability. Notwithstanding the foregoing provisions 37 of this section, if a volunteer [fireman] firefighter has previously 38 incurred permanent partial disability through the loss or loss of use of 39 one hand, one arm, one foot, one leg, or one eye, and suffers the loss 40 or loss of use of another such major member or eye, he or she may be 41 adjudged permanently totally disabled and receive benefits for permanent 42 total disability as provided in section eight of this chapter. 43 § 274. Section 15 of the volunteer firefighters' benefit law, as 44 amended by chapter 502 of the laws of 1959, is amended to read as 45 follows: 46 § 15. Expense for rehabilitating injured volunteer [firemen] fire- 47 fighters. A volunteer [fireman] firefighter, who as a result of injury 48 is or may be expected to be totally or partially incapacitated for a 49 remunerative occupation and who, under the direction of the state educa- 50 tion department is being rendered fit to engage in a remunerative occu- 51 pation, may receive such additional financial benefit necessary for his 52 or her rehabilitation as the [workmen's] workers' compensation board 53 shall determine. Not more than thirty dollars per week of such addi- 54 tional amount shall be expended for maintenance. Such expense and such 55 of the administrative expenses of the state education department as are 56 properly assignable to the expenses of rehabilitating such volunteerS. 6542--B 136 1 [firemen] firefighters shall be paid out of the vocational rehabili- 2 tation fund created pursuant to subdivision nine of section fifteen of 3 the [workmen's] workers' compensation law. Any such volunteer [fireman] 4 firefighter for the purposes of such fund shall be considered an employ- 5 ee of the political subdivision liable for the payment of benefits to 6 such volunteer [fireman] firefighter under this chapter and such 7 "employer" or its insurance carrier, as the case may be, shall make the 8 same financial contribution to such fund as required by such subdivision 9 nine in every case of injury causing death of a volunteer [fireman] 10 firefighter in which there are no persons entitled to financial benefits 11 under this chapter other than (1) funeral expenses and (2) the death 12 benefit provided in subdivision two of section seven of this chapter. 13 § 275. Section 18 of the volunteer firefighters' benefit law is 14 amended to read as follows: 15 § 18. Disposition of accrued benefits upon death. Except as otherwise 16 provided in section ten of this chapter, in the case of the death of an 17 injured volunteer [fireman] firefighter to whom there was due at the 18 time of his or her death any benefits under the provisions of this chap- 19 ter, the amount of such benefits shall be payable to the surviving 20 spouse, if there be one, or, if none, to the surviving child or children 21 of the deceased under the age of eighteen years, and if there be no 22 surviving spouse or children, then to the dependents of such deceased or 23 to any of them as the [workmen's] workers' compensation board may 24 direct, and if there be no surviving spouse, children or dependents of 25 such deceased, then to his or her estate. An award for disability may be 26 made after the death of an injured volunteer [fireman] firefighter. 27 § 276. Section 19 of the volunteer firefighters' benefit law, as 28 amended by chapter 751 of the laws of 1957, is amended to read as 29 follows: 30 § 19. Exclusiveness of remedy. The benefits provided by this chapter 31 shall be the exclusive remedy of a volunteer [fireman] firefighter, or 32 his or her spouse, parents, dependents, next of kin, executor or admin- 33 istrator, or anyone otherwise entitled to recover damages, at common law 34 or otherwise, for or on account of an injury to a volunteer [fireman] 35 firefighter in line of duty or death resulting from an injury to a 36 volunteer [fireman] firefighter in line of duty, as against (1) the 37 political subdivision liable for the payment of such benefits, (2) the 38 political subdivision regularly served by the fire company of which the 39 volunteer [fireman] firefighter is a member, whether or not pursuant to 40 a contract for fire protection, even though any such political subdivi- 41 sion is not liable for the payment of such benefits in the circum- 42 stances, and (3) any person or agency acting under governmental or stat- 43 utory authority in furtherance of the duties or activities in relation 44 to which any such injury resulted; provided, however, that the benefits 45 provided by this chapter shall not be the exclusive remedy as against 46 persons who, in the furtherance of the same duties or activities, are 47 not similarly barred from recourse against the volunteer [fireman] fire- 48 fighter, or his or her executor or administrator. 49 § 277. Section 20 of the volunteer firefighters' benefit law is 50 amended to read as follows: 51 § 20. Other remedies of volunteer [firemen] firefighters; subrogation. 52 The provisions of section twenty-nine of the [workmen's] workers' 53 compensation law to the extent that such provisions are not inconsistent 54 with the provisions of this chapter, shall be applicable as fully as if 55 set forth in this chapter.S. 6542--B 137 1 § 278. Section 21 of the volunteer firefighters' benefit law, the 2 section heading as amended by chapter 322 of the laws of 1963, subdivi- 3 sions 1 and 3 as amended by chapter 270 of the laws of 1964, and subdi- 4 vision 2 as amended by chapter 1004 of the laws of 1963, is amended to 5 read as follows: 6 § 21. Assistance to other states, the Dominion of Canada, property 7 ceded to the federal government and to Indian reservations. 1. Whenever 8 a fire company or fire department in this state shall answer a call to 9 furnish assistance to any political subdivision or territory of another 10 state of the United States or of the Dominion of Canada, or property 11 ceded to the federal government, the provisions of this chapter shall 12 apply with respect to the volunteer [firemen] firefighters of such fire 13 company or department, while such assistance is being rendered or while 14 going to or returning from the place from where the assistance is to be 15 or was rendered, to the same extent and in the same manner as if such 16 service had been rendered in or for the area regularly served by such 17 volunteer [firemen] firefighters; provided, however, that there shall be 18 deducted from any amounts payable under this chapter any amounts recov- 19 erable by or payable to any such volunteer [fireman] firefighter under 20 the laws applicable in the political subdivision or territory for which 21 the call for assistance was made. 22 2. The provisions of this chapter shall apply with respect to volun- 23 teer [firemen] firefighters of fire departments and fire companies of 24 other states of the United States and of the Dominion of Canada who 25 render service in this state in answer to a call for assistance to the 26 territory regularly served by a fire department or fire company 27 described in subdivisions one to five, inclusive, of section thirty of 28 this chapter and, for the purposes of determining liability for benefits 29 under this chapter, any such volunteer [fireman] firefighter shall be 30 considered as a volunteer member of the fire department or fire company 31 of the territory for which service has been rendered in this state 32 pursuant to a call for assistance; provided that the laws of the state 33 served by such volunteer [firemen] firefighters, fire departments or 34 fire companies, or of the Dominion of Canada, as the case may be, 35 contain provisions under which benefits are granted in relation to 36 volunteer [firemen] firefighters of this state who are killed or injured 37 when rendering service in such other states, or the Dominion of Canada, 38 as the case may be, in answer to a call for assistance; provided, howev- 39 er, that there shall be deducted from any amounts payable under the 40 provisions of this chapter to a volunteer [fireman] firefighter of such 41 other states or of the Dominion of Canada, any amounts recoverable by or 42 payable to such volunteer [fireman] firefighter under the laws of the 43 state served by such volunteer [fireman] firefighter or of the Dominion 44 of Canada, as the case may be. 45 3. Whenever a fire company or fire department in this state shall 46 answer a call for assistance to be rendered to any part of an Indian 47 reservation the provisions of this chapter shall apply with respect to 48 the volunteer [firemen] firefighters of such fire company or department, 49 while such assistance is being rendered or while going to or returning 50 from the place from where the assistance is to be or was rendered, to 51 the same extent and in the same manner as if such service had been 52 rendered in or for the area regularly served by such volunteer [firemen] 53 firefighters. 54 § 279. Section 23 of the volunteer firefighters' benefit law is 55 amended to read as follows:S. 6542--B 138 1 § 23. Assignments, exemptions. Benefits payable under this article 2 shall not be assigned, released or commuted, except as provided by this 3 chapter, and shall be exempt from all claims of creditors and from levy, 4 execution and attachment or other remedy for recovery or collection of a 5 debt, which exemption may not be waived. Such benefits shall be paid 6 only to volunteer [firemen] firefighters or their dependents except as 7 otherwise provided in this chapter. 8 § 280. The opening paragraph and subdivisions 1, 2, 3, 4, 5, 6 and 6-a 9 of section 30 of the volunteer firefighters' benefit law, the opening 10 paragraph as amended and the ninth undesignated paragraph of subdivision 11 6 and the closing paragraph of subdivision 6-a as added by chapter 1004 12 of the laws of 1963, subdivision 6 as amended by chapter 123 of the laws 13 of 1958, the third undesignated paragraph of subdivision 6 as amended by 14 chapter 520 of the laws of 1964, the seventh undesignated paragraph of 15 subdivision 6 as added by chapter 368 of the laws of 1958, the eighth 16 undesignated paragraph of subdivision 6 as amended by chapter 694 of the 17 laws of 1959, and subdivision 6-a as added by chapter 849 of the laws of 18 1957, are amended to read as follows: 19 Except as otherwise provided in article five of the [workmen's] work- 20 ers' compensation law, in section two hundred nine-i of the general 21 municipal law and in section twenty-one of this chapter: 22 1. If at the time of injury the volunteer [fireman] firefighter was a 23 member of a fire company of a county, city, town, village or fire 24 district fire department, any benefit under this chapter shall be a 25 county, city, town, village or fire district charge, as the case may be, 26 and any claim therefor shall be audited in the same manner as other 27 claims against the county, city, town, village or fire district and the 28 amount thereof shall be raised and paid in the same manner as other 29 county, city, town, village or fire district charges. 30 2. If at the time of injury the volunteer [fireman] firefighter was a 31 member of a fire company incorporated under the membership corporations 32 law, or any other law, and located in a city, village, or fire district, 33 protected under a contract by the fire department or fire company of 34 which the volunteer [fireman] firefighter was a member, any benefit 35 under this chapter shall be a city, village or fire district charge, as 36 the case may be, and any claim therefor shall be audited in the same 37 manner as other claims against the city, village or fire district and 38 the amount thereof shall be raised and paid in the same manner as other 39 city, village or fire district charges. 40 3. If at the time of injury the volunteer [fireman] firefighter was a 41 member of a fire company incorporated under the membership corporations 42 law, or any other law, and located in a fire protection district, or 43 fire alarm district, protected under a contract by such fire company, 44 any benefit under this chapter shall be a town charge and any claim 45 therefor shall be audited and paid in the same manner as town charges 46 and the amount thereof shall be raised upon the property liable to taxa- 47 tion in the fire protection district or fire alarm district in the same 48 manner as town charges therein are raised. 49 4. If at the time of injury the volunteer [fireman] firefighter was a 50 member of a fire company incorporated under the membership corporations 51 law, or any other law, and located outside of a city, village, fire 52 district, fire protection district or fire alarm district, any benefit 53 under this chapter shall be a town charge and any claim therefor shall 54 be audited and paid in the same manner as town charges and the amount 55 thereof raised upon the property liable to taxation in such outsideS. 6542--B 139 1 territory protected by such fire company in the same manner as town 2 charges therein are raised. 3 5. If at the time of injury the volunteer [fireman] firefighter was a 4 member of a fire company or fire department operating in, or maintained 5 jointly by two or more villages, or two or more towns, or two or more 6 fire districts, any benefit under this chapter shall be a charge against 7 such villages, towns or fire districts, in the proportion that the full 8 valuation of taxable real estate in each bears to the aggregate full 9 valuation of the taxable real estate of all such villages, towns or fire 10 districts and the amount thereof shall be audited, raised and paid in 11 the same manner as other village, town or fire district charges. Full 12 valuation shall be determined by dividing the assessed valuations of 13 taxable real estate of each such village, town or fire district as shown 14 by the latest completed assessment roll of the village, town or fire 15 district by the equalization rate established by the authorized state 16 agency or officer for such roll; provided, however, in a county having a 17 county department of assessment the full valuation in towns and fire 18 districts shall be determined by applying the state equalization rate 19 established for the town, or the town in which the fire district is 20 located, to the appropriate portion of the last completed county roll. 21 6. The provisions of subdivisions one to five, inclusive, of this 22 section shall not apply if the injury results from services performed 23 when assistance is being rendered to: 24 a. Another city, town which has a town fire department, village or 25 fire district, including one protected under a contract by the fire 26 department or fire company of which the volunteer [fireman] firefighter 27 is a member, 28 b. A fire protection district or fire alarm district, including one 29 protected under a contract by the fire department or fire company of 30 which the volunteer [fireman] firefighter is a member, 31 c. The area of a town protected by a fire company incorporated under 32 the membership corporations law, or any other law, and located outside 33 of a city, village, fire district, fire protection district, or fire 34 alarm district, 35 d. The unorganized area of a town (outside of a city, village, fire 36 district, fire protection district, fire alarm district, and also 37 outside the area protected by a fire company incorporated under the 38 membership corporations law, or any other law, and located outside of a 39 city, village, fire district, fire protection district or fire alarm 40 district), 41 e. The joint area protected by a fire company or fire department oper- 42 ating in, or maintained jointly by two or more villages, or two or more 43 towns, or two or more fire districts, 44 f. A fire department of a county which has a fire department, or 45 g. A county which has requested fire aid pursuant to section two 46 hundred nine-e of the general municipal law, 47 pursuant to a call to furnish assistance to any such municipal corpo- 48 ration, district or area in cases of fire or other emergencies, or for 49 other authorized purposes, or while going to or returning from the place 50 where the assistance is to be or was rendered, or if death shall result 51 from the effects of any such injury, and in any such case any such bene- 52 fit shall be a charge against such aided municipal corporation, district 53 or area and after audit shall be paid and the amount thereof shall be 54 raised upon the property liable to taxation in such municipal corpo- 55 ration, district or area, in the same manner as other charges against 56 the same are raised, except that in the cases described at paragraphs b,S. 6542--B 140 1 c and d of this subdivision, the town in which the district or area is 2 located shall be primarily liable for such payment. If there is no prop- 3 erty liable to taxation in any area described in paragraph d, the bene- 4 fit shall be a town charge and any claim therefor shall be audited and 5 paid in the same manner as town charges and the amount thereof shall be 6 raised upon the taxable real property in the town in the same manner as 7 town charges therein are raised. 8 In the case of a false call for assistance, any such benefit shall be 9 audited, raised and paid in the manner provided in subdivisions one to 10 five, inclusive, of this section, as the case may be. 11 The term "assistance", as used in this section, includes the services 12 of firefighting forces, fire police squads, emergency rescue and first 13 aid squads rendered in case of a fire or other emergency, including 14 stand-by service, to aid (1) a fire department, fire company, or any 15 unit thereof, other than that of which the volunteer [fireman] fire- 16 fighter is a member and (2) owners or occupants of property, and other 17 persons, whether or not such owners, occupants or persons are receiving 18 fire or other emergency service from a fire department, fire company, or 19 any unit thereof, other than that of which the volunteer [fireman] fire- 20 fighter is a member. 21 Except as otherwise provided by law in the case of natural disaster 22 emergencies, a call to furnish assistance may be made by any person 23 aware of the peril involved and the need for assistance or pursuant to 24 any legally authorized or recognized plan for the furnishing of mutual 25 aid in cases of fire or other emergency. The call need not originate in 26 the municipal corporation, district or area ultimately liable for bene- 27 fits under this section and may be relayed through one or more persons 28 or mediums of communication. 29 The provisions of this subdivision [six] shall not apply if the injury 30 results from services performed by the volunteer [fireman] firefighter 31 in a natural disaster emergency and he or she was serving as part of the 32 civil defense forces activated [pursuant to section six hundred fifty-33six-a of the county law, section two hundred nine-n of the general34municipal law, section two hundred nine-o of the general municipal law35as added by chapter six hundred thirty-one of the laws of nineteen36hundred fifty-seven, or section ten of the executive law], and when 37 assistance is being so rendered the benefits to be paid and provided 38 under this chapter shall be paid and provided by the political subdivi- 39 sions which would be liable under subdivisions one to five, inclusive, 40 of this section. 41 If death or injury results from the performance of duty by a volunteer 42 [fireman] firefighter serving as fire chief while inspecting a public or 43 private school pursuant to paragraph c of subdivision seven of section 44 eight hundred seven-a of the education law for fire prevention and 45 protection purposes in a fire district, fire protection district or fire 46 alarm district furnished fire protection pursuant to a contract by his 47 or her fire department or fire company, or from necessary travel direct- 48 ly connected with any such duty, then the benefits to be paid and 49 provided under this chapter shall be a charge against such fire 50 district, fire protection district or fire alarm district so protected 51 pursuant to contract and after audit shall be paid and the amount there- 52 of shall be raised upon the property liable to taxation in any such 53 district in the same manner as other charges against the same are 54 raised, except that in the case of a fire protection district or fire 55 alarm district, the town in which the district is located shall be 56 primarily liable for such payment.S. 6542--B 141 1 If death or injury results from the performance of duty under subdivi- 2 sion four of section three hundred three of the multiple residence law, 3 or from necessary travel directly connected with any such assignment, 4 and the building or property inspected or to be inspected is not located 5 in the area regularly served and protected by the fire department or 6 fire company of which the volunteer [fireman] firefighter is a member, 7 but is located in a city, town which has a fire department, village, 8 fire district, fire protection district or fire alarm district served 9 and protected pursuant to a contract for fire protection by the fire 10 department or fire company of which the volunteer [fireman] firefighter 11 is a member, then the benefits to be paid and provided under this chap- 12 ter shall be a charge against such political subdivision, fire 13 protection district or fire alarm district so protected pursuant to 14 contract and after audit shall be paid and the amount thereof shall be 15 raised upon the property liable to taxation in such political subdivi- 16 sion or district in the same manner as other charges against the same 17 are raised, except that in the case of a fire protection district or 18 fire alarm district, the town in which the district is located shall be 19 primarily liable for such payment. 20 If death or injury results from the performance of duty by a volunteer 21 [fireman] firefighter while inspecting buildings for fire hazards in a 22 city, village, fire district, fire protection district or fire alarm 23 district furnished fire protection pursuant to a contract by his or her 24 fire department or fire company, or from necessary travel directly 25 connected with any such duty, then the benefits to be paid and provided 26 under this chapter shall be a charge against such city, village, fire 27 district, fire protection district or fire alarm district so protected 28 pursuant to contract and after audit shall be paid and the amount there- 29 of shall be raised upon the property liable to taxation in any such 30 city, village or district in the same manner as other charges against 31 the same are raised, except that in the case of a fire protection 32 district or fire alarm district, the town in which the district is 33 located shall be primarily liable for such payment. This paragraph shall 34 not be applicable in any city, however, unless a city charter or other 35 law under which the city operates, or a local law adopted by the city, 36 authorizes such an inspection in areas of the city receiving fire 37 protection pursuant to a contract. The term "building," as used in this 38 paragraph, does not include a multiple dwelling which may be inspected 39 by such fire department or company under and pursuant to the provisions 40 of subdivision four of section three hundred three of the multiple resi- 41 dence law. 42 The foregoing provisions of this subdivision [six] shall apply only in 43 cases where volunteer [firemen] firefighters are injured in line of duty 44 prior to the first day of March, nineteen hundred sixty-four; and in 45 death cases where death results from injuries sustained prior to such 46 date. Where volunteer [firemen] firefighters are injured in line of duty 47 on or after the first day of March, nineteen hundred sixty-four, and in 48 death cases where death results from injuries sustained on or after such 49 date, the liability for benefits under this chapter shall be determined 50 pursuant to subdivisions one to five, inclusive, of this section, except 51 as otherwise provided in article five of the [workmen's] workers' 52 compensation law, section two hundred nine-i of the general municipal 53 law and in section twenty-one of this chapter. 54 6-a. The provisions of subdivisions one to six, inclusive, of this 55 section shall not apply if the injury results from services performed 56 when general ambulance service is furnished under a fire protectionS. 6542--B 142 1 contract pursuant to section two hundred nine-b of the general municipal 2 law for (1) another city, village or fire district, protected under a 3 contract by the fire department or fire company of which the volunteer 4 [fireman] firefighter is a member or (2) a fire protection district or 5 fire alarm district, protected under a contract by the fire department 6 or fire company of which the volunteer [fireman] firefighter is a 7 member, pursuant to a call to furnish such service in any such municipal 8 corporation or district, or while going to or returning from the place 9 where the service is to be or was furnished, or if death shall result 10 from the effects of any such injury, and in any such case any such bene- 11 fit shall be a charge against such municipal corporation or district and 12 after audit shall be paid and the amount thereof shall be raised upon 13 the property liable to taxation in such municipal corporation or 14 district, in the same manner as other charges against the same are 15 raised, except that in the case of a fire protection district or fire 16 alarm district the town in which the district is located shall be prima- 17 rily liable for such payment. 18 The foregoing provisions of this subdivision [six-a] shall apply only 19 in cases where volunteer [firemen] firefighters are injured in line of 20 such general ambulance service duty prior to the first day of March, 21 nineteen hundred sixty-four, and in death cases where death results from 22 injuries sustained prior to such date. Where volunteer [firemen] fire- 23 fighters are injured in line of such general ambulance service duty on 24 or after the first day of March, nineteen hundred sixty-four, and in 25 death cases where death results from injuries sustained on or after such 26 date, the liability for benefits under this chapter shall be determined 27 pursuant to subdivisions one to five, inclusive, of this section, except 28 as otherwise provided in article five of the [workmen's] workers' 29 compensation law, section two hundred nine-i of the general municipal 30 law and section twenty-one of this chapter. 31 § 281. The closing paragraph of section 31 of the volunteer firefight- 32 ers' benefit law, as added by chapter 368 of the laws of 1961, is 33 amended to read as follows: 34 A contract of insurance indemnifying against the liability imposed by 35 this chapter issued by an insurance carrier to a county or a town and in 36 force on or after the first day of July, nineteen hundred sixty-one, 37 shall contain a provision reading as follows: "This contract does not 38 provide (1) any coverage under the [Workmen's] Workers' Compensation Law 39 or the Volunteer [Firemen's] Firefighters' Benefit Law for which any 40 fire district would be liable under such laws, (2) any [workmen's] work- 41 ers' compensation benefits for fire district officers and employees for 42 which any fire district would be liable under the [Workmen's] Workers' 43 Compensation Law, or (3) any volunteer [firemen's] firefighters' bene- 44 fits for any volunteer [firemen] firefighters for which any fire 45 district would be liable under the Volunteer [Firemen's] Firefighters' 46 Benefit Law. The foregoing provision does not apply in relation to 47 volunteer [firemen's] firefighters' benefit coverage and volunteer 48 [firemen's] firefighters' benefits provided for and in relation to the 49 following named fire districts which have expressly requested coverage 50 under this contract pursuant to the provisions of section thirty-two of 51 the Volunteer [Firemen's] Firefighters' Benefit Law, to wit: (If there 52 are no exceptions, enter 'No exceptions'). The term 'fire districts', as 53 used in this provision, does not include the fire protection districts 54 and fire alarm districts mentioned in sections one hundred eighty-three 55 and one hundred eighty-four of the Town Law."S. 6542--B 143 1 § 282. Subdivision 1 of section 32 of the volunteer firefighters' 2 benefit law, as amended by chapter 121 of the laws of 1968, is amended 3 to read as follows: 4 1. Notwithstanding any provision of section thirty of this chapter, 5 any town may contract for a single policy of insurance indemnifying (1) 6 all fire protection districts and fire alarm districts wholly within 7 such town which are liable for the payment of benefits under this chap- 8 ter, (2) all territory within such town outside cities, villages, fire 9 districts, fire protection districts and fire alarm districts which is 10 liable for the payment of benefits under this chapter, and (3) the town 11 in relation to such fire protection districts, fire alarm districts and 12 outside territory, against liability imposed by this chapter. If a town 13 has any such liability and contracts for such a single policy, then and 14 in that event only any such policy, if requested by the board of trus- 15 tees of any village wholly within the town, or by the board of fire 16 commissioners of any fire district wholly within the town, shall also 17 indemnify such village or fire district against such liability. The cost 18 of such insurance shall be a town charge and shall be levied and 19 collected in the same manner as other town charges only in the territory 20 of such town which is liable for the payment of benefits under this 21 chapter and which is outside of any village and fire districts not 22 covered by such a policy. Nothing in this section contained shall impose 23 any additional liability on any town for any benefit payments in 24 relation to volunteer [firemen] firefighters. 25 § 283. Section 40 of the volunteer firefighters' benefit law, as 26 amended by chapter 544 of the laws of 1957, is amended to read as 27 follows: 28 § 40. Notice of injury or death. Notice of an injury or death for 29 which benefits are to be paid or provided under this chapter shall be 30 given to the political subdivision liable for the payment thereof within 31 ninety days after such injury or death except that such notice need not 32 be given if a claim is filed pursuant to section forty-one of this chap- 33 ter within ninety days after such injury or death. Either such notice 34 may be given by any person claiming to be entitled to such benefits or 35 by someone in his or her behalf. The notice shall be in writing, shall 36 contain the name and address of the volunteer [fireman] firefighter, and 37 state in ordinary language the time, place, nature and cause of the 38 injury and shall be signed by him or her or by a person on his or her 39 behalf or, in case of death, by any one or more of his or her depen- 40 dents, or by a person on their behalf. The notice shall be given to the 41 clerk of the board of supervisors of the county, the comptroller or 42 chief financial officer of the city, the town clerk of the town, the 43 clerk of the village or the secretary of the fire district, as the case 44 may be, by delivering it to such officer or by registered letter proper- 45 ly addressed to such officer. The failure to give notice of injury or 46 notice of death shall be a bar to any claim under this chapter unless 47 such failure is excused by the [workmen's] workers' compensation board 48 on any of the following grounds, (1) that for some sufficient reason the 49 notice could not have been given, (2) that a member of a body in charge 50 of, or any officer of, the fire department or fire company had knowledge 51 within such ninety-day period of the injuries or death, (3) that the 52 political subdivision, or its insurance carrier had not been prejudiced 53 by a delay in giving such notice, or (4) that the cause of disablement 54 or death was not known to be the result of service performed in line of 55 duty as a volunteer [fireman] firefighter in sufficient time to comply 56 with the provisions of this section.S. 6542--B 144 1 § 284. Section 41 of the volunteer firefighters' benefit law, as 2 amended by chapter 936 of the laws of 1958, is amended to read as 3 follows: 4 § 41. Claim for benefits. The right to claim benefits under this chap- 5 ter shall be barred, except as hereinafter provided, unless within two 6 years after the injury, or, if death results therefrom, within two years 7 after such death, a claim for the benefits under this chapter shall be 8 filed with the [chairman] chairperson of the [workmen's] workers' 9 compensation board and a copy of such claim shall be filed with the same 10 officer to whom a notice of injury must be given under section forty of 11 this chapter. The right of a volunteer [fireman] firefighter or his or 12 her dependents to claim benefits under this chapter for disablement or 13 death, as the case may be, caused by disease shall not be barred by the 14 failure of the volunteer [fireman] firefighter or his or her dependents 15 to file a claim within either such period of two years, provided such 16 claim shall be filed after either such period of two years and within 17 ninety days after disablement or ninety days after knowledge that the 18 disease is or was due to service as a volunteer [fireman] firefighter, 19 whichever is the later date. The claim shall be in substantially the 20 same form and shall give substantially the same information as is 21 required to be given in a claim under the provisions of section twenty- 22 eight of the [workmen's] workers' compensation law. Notwithstanding the 23 provisions of any other law, any such claim need not be sworn to, veri- 24 fied or acknowledged. No case in which an advance payment is made to a 25 volunteer [fireman] firefighter or to his or her dependents in case of 26 death shall be barred by the failure of the volunteer [fireman] fire- 27 fighter or his or her dependents to file a claim, and the [workmen's] 28 workers' compensation board may at any time order a hearing on any such 29 case in the same manner as though a claim for benefits had been filed. 30 The date of injury caused by disease shall be the date of contracture 31 of such disease as determined by the [workmen's] workers' compensation 32 board on the hearing of the claim and the responsibility of the poli- 33 tical subdivision liable for the payment of benefits and its insurance 34 carrier shall be fixed by the date of injury as so determined. 35 § 285. Subdivisions 3 and 4 of section 44 of the volunteer firefight- 36 ers' benefit law, as amended by chapter 751 of the laws of 1957, are 37 amended to read as follows: 38 3. That the injury was not occasioned by the wilful intention of the 39 injured volunteer [fireman] firefighter to bring about the injury or 40 death of himself or herself or another; 41 4. That the injury did not result solely from the intoxication of the 42 injured volunteer [fireman] firefighter while acting in line of duty; 43 § 286. Section 50 of the volunteer firefighters' benefit law is 44 amended to read as follows: 45 § 50. Payments pending controversies. In order that the benefits to be 46 paid and provided under this chapter shall be paid promptly where such 47 benefits are conceded to be due to any person because of the death of or 48 injuries to a volunteer [fireman] firefighter, but controversy exists as 49 to which political subdivision is liable for the payment thereof, the 50 municipal corporations and fire districts involved in such controversy 51 and their insurance carriers, if any, may agree that any one or more of 52 such municipal [corpoations] corporations or fire districts or its 53 insurance carrier shall pay or provide the benefits to, or in relation 54 to, the person conceded to be entitled to such benefits without waiting 55 for a final determination of the controversy, and may carry out the 56 provisions of such an agreement. Notwithstanding any such payment, anyS. 6542--B 145 1 party to the agreement may seek a final determination of the controversy 2 in the same manner as if such benefits had not been paid or provided and 3 any such payment or provision of benefits shall not prejudice any rights 4 of the political subdivision or its insurance carrier paying or provid- 5 ing the same, nor be taken as an admission against interest. After a 6 final determination the parties to the agreement shall make any neces- 7 sary and proper reimbursement to conform to the determination. 8 § 287. Section 56 of the volunteer firefighters' benefit law is 9 amended to read as follows: 10 § 56. Non-duplication of benefits. If benefits are required to be paid 11 under this chapter in the event of injury to or death of a volunteer 12 [fireman] firefighter, the volunteer [fireman] firefighter or other 13 persons entitled to such benefits shall not receive [workmen's] workers' 14 compensation under the provisions of the [workmen's] workers' compen- 15 sation law in relation to such injury or death. 16 § 288. Subdivision 1 of section 61 of the volunteer firefighters' 17 benefit law, as added by chapter 668 of the laws of 1977, is amended to 18 read as follows: 19 1. A claim for benefits for the death or disability of a volunteer 20 [fireman] firefighter due to disease or malfunction of the heart or of 21 one or more coronary arteries filed in accordance with section forty-one 22 of this chapter, shall not be denied provided the claimant introduces 23 evidence which establishes that a volunteer [fireman] firefighter 24 suffered disease or malfunction of the heart or of one or more coronary 25 arteries which caused the disablement or death of the volunteer [fire-26man] firefighter, and that such disease or malfunction resulted from the 27 duties and activities in which the volunteer [fireman] firefighter was 28 engaged as set forth in section five of this chapter for which benefits 29 shall be paid, unless it can be shown by substantial evidence to the 30 contrary that the duties and activities of the volunteer [fireman] fire- 31 fighter in which the volunteer [fireman] firefighter was engaged at the 32 time of such disease or malfunction did not cause or precipitate such 33 disease or malfunction; and further provided that the injury did not 34 result solely from the intoxication of the volunteer [fireman] fire- 35 fighter while acting in line of duty or was not occasioned by the wilful 36 intention of the volunteer [fireman] firefighter to bring about the 37 injury or death of himself or herself or another. 38 § 289. Section 70 of the volunteer firefighters' benefit law, as 39 amended by chapter 751 of the laws of 1957, is amended to read as 40 follows: 41 § 70. References to [workmen's] workers' compensation law. Where the 42 provisions of any section or part of any section of the [workmen's] 43 workers' compensation law are made applicable to this chapter and are 44 incorporated herein by reference, the following terms used in such 45 provisions of the [workmen's] workers' compensation law shall have the 46 following meanings when read in connection with this chapter: 47 1. "Accident" means "injury" as defined in this chapter. 48 2. "Dependent husband" means the "surviving spouse" of a [female fire-49man] firefighter, as defined in this chapter. 50 3. "Employee" means a volunteer [fireman] firefighter who has been or 51 might be injured in line of duty or who dies or might die from the 52 effects of such an injury. 53 4. "Employment" means service of a volunteer [fireman] firefighter in 54 line of duty. 55 5. "Employer" means the political subdivision liable for payment of 56 financial benefits pursuant to this chapter.S. 6542--B 146 1 6. "Injury" means "injury" as defined in this chapter. 2 7. "Injured workman" means injured volunteer [fireman] firefighter. 3 8. "Insurance carrier" means "insurance carrier" as defined in this 4 chapter. 5 9. "Same employ" means the same fire department or fire company, or in 6 the same service for a political subdivision, or district or area there- 7 of, pursuant to a call for assistance. 8 10. "[Workmen's] Workers' compensation" means the benefits payable to 9 a volunteer [fireman] firefighter or his or her dependents pursuant to 10 this chapter, including medical treatment and care, except when a 11 different meaning obviously is intended. 12 Where any such section is so made applicable and is so incorporated, and 13 there is a reference therein to another section or provision of the 14 [workmen's] workers' compensation law which also has been made applica- 15 ble to this chapter, such reference shall be deemed to include the 16 applicable section or provision of this chapter if such inclusion is 17 consistent with the provisions of this chapter. 18 § 290. Elimination of the terms "fireman" and "policeman". (a) Whenev- 19 er the term "fireman" or any equivalent expression thereof is used in 20 any provision of law, such term shall be deemed to mean and refer to a 21 "firefighter". 22 (b) Whenever the term "policeman" or any equivalent expression thereof 23 is used in any provision of law, such term shall be deemed to mean and 24 refer to a "police officer". 25 § 291. Subsequent acts of the legislature. Any provision of any act of 26 the legislature enacted in the calendar year in which this act is 27 enacted, which contains a reference to: 28 (a) a fireman or an equivalent expression thereof shall be deemed to 29 mean or refer to a firefighter as the context requires pursuant to the 30 provisions of this act; and 31 (b) a policeman or an equivalent expression thereof shall be deemed to 32 mean or refer to a police officer as the context requires pursuant to 33 the provisions of this act. 34 § 292. This act shall take effect immediately, provided, however, 35 that: 36 a. the amendments to section 30 of the workers' compensation law made 37 by section thirteen of this act, the amendments to subdivisions 1, 4 and 38 6 of section 207-c of the general municipal law made by section fifty- 39 six of this act, and the amendments to paragraph 1 of subdivision c of 40 section 340 of the retirement and social security law made by section 41 one hundred eighty-two of this act shall take effect on the same date 42 and same manner as chapter 628 of the laws of 1991, take effect; and 43 b. the amendments to subdivision 1 of section 61 of the volunteer 44 firefighters' benefit law made by section two hundred eighty-eight of 45 this act shall not affect the repeal of such section and shall be deemed 46 to repeal therewith.
