Bill Text: NY S05890 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to sick leave for officers and employees with a qualifying World Trade Center condition.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed) 2019-06-20 - returned to senate [S05890 Detail]

Download: New_York-2019-S05890-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5890--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed  to  be  committed  to  the  Committee  on Local Government --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN ACT to amend the general municipal law and the administrative code of
          the  city  of  New  York,  in  relation to sick leave for officers and
          employees with a qualifying World Trade Center condition; to amend the
          civil service law, in relation to the review of certain claims; and to
          amend chapter 273 of the laws of 2017 amending the  general  municipal
          law  relating to granting sick leave for officers and employees with a
          qualifying World Trade Center condition, in relation to the reimburse-
          ment of any public authority or municipal corporation in a city with a
          population of less than one million people for  the  cost  of  certain
          line of duty sick leave

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 92-d of the general  municipal  law,  as  added  by
     2  chapter 273 of the laws of 2017, is amended to read as follows:
     3    §  92-d. Sick leave for officers and employees with a qualifying World
     4  Trade Center condition. 1.(a) Notwithstanding any  other  law,  rule  or
     5  regulation  to  the  contrary,  officers  and  employees of the state, a
     6  public authority or any municipal corporation outside of a city  with  a
     7  population  of one million or more who [filed a] have filed and received
     8  approval for such filed notice of participation in  World  Trade  Center
     9  rescue, recovery or cleanup operations and subsequently develop a quali-
    10  fying  World  Trade  Center  condition, as defined in section two of the
    11  retirement and social security  law,[while  employed  by  the  state,  a
    12  public  authority  or  such  municipal  corporation or public authority]
    13  shall, after the receipt of a written request  for  line  of  duty  sick
    14  leave,  be  granted  line of duty sick leave commencing on the date that
    15  such employee was diagnosed with a qualifying World Trade Center  condi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03751-03-9

        S. 5890--A                          2

     1  tion  regardless of whether such officer or employee was employed by his
     2  or her current employer at  the  time  that  such  officer  or  employee
     3  participated  in  World  Trade  Center rescue, recovery or cleanup oper-
     4  ations.    The  officer  or  employee shall be compensated at his or her
     5  regular rate of pay for those regular work hours during which the  offi-
     6  cer  or  employee is absent from work due to his or her qualifying World
     7  Trade Center condition. Such leave shall be provided without loss of  an
     8  officer or employee's accrued sick leave.
     9    (b)  A  public  employer  shall  not take any adverse personnel action
    10  against a public employee regarding the  employee's  employment  because
    11  either  (i) the employee utilizes, or requests to utilize, sick leave or
    12  any other available leave due to a qualifying World Trade Center  condi-
    13  tion,  as  such  term  is  defined  in section two of the retirement and
    14  social security law, or  (ii)  the  employee  utilizes  or  requests  to
    15  utilize line of duty sick leave provided by this section.
    16    (c)  For purposes of this section, an "adverse personnel action" means
    17  any discipline, including issuing a  notice  of  discipline,  discharge,
    18  suspension, demotion, penalization, or discrimination against an employ-
    19  ee  utilizing  line of duty sick leave pursuant to paragraph (a) of this
    20  subdivision.
    21    Nothing in this section shall limit an employer's  power  pursuant  to
    22  any  other  provision  of  law  to  discipline an officer or employee by
    23  termination, reduction of salary, or any other appropriate  measure;  to
    24  terminate  an  appointee  who  has not completed his or her probationary
    25  term; and to apply for ordinary or accident disability retirement for an
    26  officer or employee.
    27    § 2. Section 92-d of the general municipal law is  amended  by  adding
    28  seven new subdivisions 2, 3, 4, 5, 6, 7 and 8 to read as follows:
    29    2.(a) Notwithstanding any other law, rule or regulation to the contra-
    30  ry, officers and employees of a city with a population of one million or
    31  more  who  (i) do not receive benefits similar to those provided by this
    32  section pursuant to a collectively bargained agreement, section 14-122.1
    33  of the administrative code of the city of New York, section 15-108.1  of
    34  the  administrative  code  of  the  city of New York, or other statutory
    35  provision and (ii) have filed  and  received  approval  for  such  filed
    36  notice of participation in World Trade Center rescue, recovery or clean-
    37  up  operations  and subsequently develop a qualifying World Trade Center
    38  condition, as defined in section two of the retirement and social  secu-
    39  rity  law,  shall,  after  receipt of a written request for line of duty
    40  sick leave, be granted line of duty sick leave commencing  on  the  date
    41  that  such  employee  was diagnosed with a qualifying World Trade Center
    42  condition regardless of whether such officer or employee was employed by
    43  his or her current employer at the time that such  officer  or  employee
    44  participated  in  World  Trade  Center rescue, recovery or cleanup oper-
    45  ations. The officer or employee shall be compensated at his or her regu-
    46  lar rate of pay for those regular work hours during which the officer or
    47  employee is absent from work due to his or her  qualifying  World  Trade
    48  Center  condition. Such leave shall be provided without loss of an offi-
    49  cer or employee's accrued sick leave.
    50    (b) A public employer shall not  take  any  adverse  personnel  action
    51  against  a  public  employee regarding the employee's employment because
    52  either (i) the employee utilizes, or requests to utilize, sick leave  or
    53  any  other available leave due to a qualifying World Trade Center condi-
    54  tion, as such term is defined in  section  two  of  the  retirement  and
    55  social  security  law,  or  (ii)  the  employee  utilizes or requests to
    56  utilize line of duty sick leave provided by this section.

        S. 5890--A                          3

     1    (c) For purposes of this section, an "adverse personnel action"  means
     2  any  discipline,  including  issuing  a notice of discipline, discharge,
     3  suspension, demotion, penalization, or discrimination against an employ-
     4  ee utilizing line of duty sick leave pursuant to subdivision one of this
     5  section.
     6    Nothing  in  this  section shall limit an employer's power pursuant to
     7  another provision of law to discipline an officer or employee by  termi-
     8  nation, reduction of salary, or any other appropriate measure; to termi-
     9  nate  an  appointee  who has not completed his or her probationary term;
    10  and to apply for ordinary or accident disability retirement for an offi-
    11  cer or employee.
    12    3. For purposes of this section, "cost" shall mean the number of  days
    13  of  sick  leave that must be restored to an officer or employee pursuant
    14  to subdivision one or two of this section multiplied by such officer  or
    15  employee's  wage  rate  at  the  time  that  such  sick  leave for which
    16  reimbursement is being sought was taken.
    17    4. A request, for line of duty sick leave  shall  be  in  writing  and
    18  include  a  waiver of the protection afforded to the officer or employee
    19  pursuant to the health insurance portability and accountability  act  to
    20  allow disclosure of the officer or employee's approved notice of partic-
    21  ipation  and  any  medical records concerning such officer or employee's
    22  notice of participation or qualifying World Trade  Center  condition  in
    23  the possession of the retirement system in which such officer or employ-
    24  ee is a member for the purpose of reviewing, processing and auditing his
    25  or  her  claim for line of duty sick leave.  Such waiver shall be in the
    26  form required by the retirement system of which he or she is  a  member,
    27  along  with the application for line of duty sick leave, with his or her
    28  employer.
    29    5.  Notwithstanding any provision of law to the contrary, upon request
    30  from the state, public authority or municipal corporation other  than  a
    31  city  with a population of one million or more for a copy of an approved
    32  notice of participation in World Trade Center rescue, recovery or clean-
    33  up operations for an officer or employee, the retirement system in which
    34  such officer or employee is a  member  and  to  which  such  officer  or
    35  employee  filed his or her notice of participation in World Trade Center
    36  rescue, recovery or cleanup operations in accordance with paragraph  (a)
    37  of  subdivision  thirty-six  of section two of the retirement and social
    38  security law, such retirement system shall provide a  verified  copy  of
    39  such  approved  notice of participation that includes the date that such
    40  notice was filed to such requestor. A copy of such  verified  notice  of
    41  participation  shall be filed with any claim for reimbursement submitted
    42  to the civil service commission pursuant to  subdivision  four  of  this
    43  section. Except as required for filing, review, and audit purposes, such
    44  verified  notice of participation and all copies of such verified notice
    45  shall be confidential and not subject to disclosure pursuant to  article
    46  six of the public officers law.
    47    6.  A public authority or municipal corporation other than a city with
    48  a population  of  one  million  or  more  shall  submit  any  claim  for
    49  reimbursement  under  this  section  to the civil service commission. In
    50  accordance with subdivision one-a of section six of  the  civil  service
    51  law,  the  civil service commission shall review each claim to determine
    52  if such claim shall be approved, reduced, amended or rejected and  shall
    53  notify  the submitting public authority or municipal corporation, within
    54  sixty days of receipt of such  claim,  as  to  its  determination.  Such
    55  public authority or municipal corporation shall notify the civil service
    56  commission within thirty days after receipt of the civil service commis-

        S. 5890--A                          4

     1  sion's  notification, as to its acceptance or rejection of such determi-
     2  nation. Failure to so notify the civil service commission shall  consti-
     3  tute  an  acceptance  of  the  determination. If accepted by such public
     4  authority or municipal corporation, such acceptance shall constitute the
     5  final  and  conclusive determination for such claim. If rejected by such
     6  public authority or municipal  corporation,  such  public  authority  or
     7  municipal corporation shall resubmit its claim, within thirty days after
     8  receipt  of  the  civil service commission's notification, together with
     9  its reasons for objection and any  additional  documentation  which  may
    10  justify  its  claim.  Upon  receipt  of  a  resubmitted claim, the civil
    11  service commission shall review such claim  and  within  sixty  days  of
    12  receipt  of such resubmitted claim, make a final determination as to the
    13  amount to be approved for such claim. If such public authority or munic-
    14  ipal corporation shall dispute such final determination it may  commence
    15  an  action,  within sixty days of such final determination, in the court
    16  of claims which shall have jurisdiction  to  adjudicate  the  claim  and
    17  enter  judgment,  which  judgment  shall  be  a  final determination for
    18  purposes of this section and shall be payable  in  accordance  with  the
    19  provisions of this section.
    20    7.  The  civil service commission shall certify all claims for which a
    21  final determination has been made. The civil  service  commission  shall
    22  submit  all  certified  claims  to  the comptroller of the department of
    23  audit and control on or before the first day of the immediately succeed-
    24  ing month during which  such claim was certified.
    25    8. All claims certified by the civil service commission shall be  paid
    26  monthly and shall be paid upon a warrant from the comptroller.
    27    §  3.  Section  6  of the civil service law is amended by adding a new
    28  subdivision 1-a to read as follows:
    29    1-a. Have the power to review claims for  reimbursement  submitted  by
    30  public  authorities  or  municipal corporations other than a city with a
    31  population of a million or more pursuant to section ninety-two-d of  the
    32  general  municipal  law  to  determine  if such claim shall be approved,
    33  reduced, amended or rejected. Such review  and  determination  shall  be
    34  made  in  accordance  with section ninety-two-d of the general municipal
    35  law.
    36    § 4. Section 2 of chapter 273 of the laws of 2017, amending the gener-
    37  al municipal law relating  to  granting  sick  leave  for  officers  and
    38  employees  with a qualifying World Trade Center condition, is amended to
    39  read as follows:
    40    § 2. The state shall  reimburse  any  public  authority  or  municipal
    41  corporation  [of  less  than one million] other than a city with a popu-
    42  lation of one million or more people for the cost of any line duty  sick
    43  leave granted pursuant to this act.  Such reimbursement shall be made in
    44  accordance  with the provisions of section 92-d of the general municipal
    45  law.
    46    § 5. The administrative code of the city of New  York  is  amended  by
    47  adding a new section 12-140 to read as follows:
    48    § 12-140 Line of duty sick leave for World Trade Center rescue, recov-
    49  ery  or  cleanup operations.  (a) Notwithstanding any other law, rule or
    50  regulation to the contrary, officers and employees  of  a  city  with  a
    51  population  of one million or more who (i) do not receive benefits simi-
    52  lar to those  provided  by  this  section  pursuant  to  a  collectively
    53  bargained  agreement, section 14-122.1 of this code, section 15-108.1 of
    54  this code, or other statutory provision  and  (ii)  filed  and  received
    55  approval  for  such  filed notice of participation in World Trade Center
    56  rescue, recovery or cleanup operations and subsequently develop a quali-

        S. 5890--A                          5

     1  fying World Trade Center condition, as defined in  section  two  of  the
     2  retirement  and  social  security law, shall, after receipt of a written
     3  request for line of duty sick leave, be granted line of duty sick  leave
     4  commencing  on the date that such employee was diagnosed with a qualify-
     5  ing World Trade Center condition regardless of whether such  officer  or
     6  employee  was  employed  by his or her current employer at the time that
     7  such officer or employee participated  in  World  Trade  Center  rescue,
     8  recovery or cleanup operations. The officer or employee shall be compen-
     9  sated  at  his  or  her regular rate of pay for those regular work hours
    10  during which the officer or employee is absent  from  work.  Such  leave
    11  shall  be provided without loss of an officer or employee's accrued sick
    12  leave.
    13    (b) A public employer shall not  take  any  adverse  personnel  action
    14  against  a  public  employee regarding the employee's employment because
    15  either (i) the employee utilizes, or requests to utilize, sick leave  or
    16  any  other available leave due to a qualifying World Trade Center condi-
    17  tion, as such term is defined in  section  two  of  the  retirement  and
    18  social  security  law,  or  (ii)  the  employee  utilizes or requests to
    19  utilize line of duty sick leave provided by this section.
    20    (c) For purposes of this section, an "adverse personnel action"  means
    21  any  discipline,  including  issuing  a notice of discipline, discharge,
    22  suspension, demotion, penalization, or discrimination against an employ-
    23  ee utilizing line of duty sick leave pursuant to subdivision (a) of this
    24  section.  Nothing in this section shall limit an employer's power pursu-
    25  ant to another provision of law to discipline an officer or employee  by
    26  termination,  reduction  of salary, or any other appropriate measure; to
    27  terminate an appointee who has not completed  his  or  her  probationary
    28  term; and to apply for ordinary or accident disability retirement for an
    29  officer or employee.
    30    § 6. The commissioner of the department of civil service, in consulta-
    31  tion  with  the state comptroller and the commissioner of the department
    32  of taxation and finance,  shall  promulgate  rules  and  regulations  to
    33  assist  with the implementation of section 92-d of the general municipal
    34  law.  Such rules and regulations shall be issued no later than  90  days
    35  after  this  act  shall  have  become  a  law. Notwithstanding any other
    36  provisions to the contrary in the state  administrative  procedure  act,
    37  such  rules  and  regulations  may  be  adopted on an emergency basis if
    38  necessary to meet such 90-day deadline.
    39    § 7. The commissioner of the department of taxation  and  finance,  in
    40  consultation  with the state comptroller, shall issue guidance regarding
    41  the tax treatment to officers and employees who have  received  restored
    42  sick  leave  no later than sixty days after this act shall have become a
    43  law.
    44    § 8. This act shall take effect immediately; provided that section one
    45  of this act shall be deemed to have been in full force and effect on the
    46  same date as chapter 273 of the laws of 2017; and provided further  that
    47  this  act  shall apply to all claims for reimbursement filed pursuant to
    48  section 92-d of the general municipal law, as amended by this  act;  and
    49  provided further, that any officer or employee who is currently employed
    50  by  a  city  with a population of one million or more who has been diag-
    51  nosed with a qualifying World Trade Center condition and is  using  sick
    52  leave  due  to  such  condition shall receive a restoration of such sick
    53  leave retroactive to the date such officer  or  employee  was  diagnosed
    54  with a qualifying World Trade Center condition.
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