Bill Text: NY S06898 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to sick leave for officers and employees with a qualifying World Trade Center condition.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2018-06-20 - ordered to third reading rules cal.472 [S06898 Detail]
Download: New_York-2017-S06898-Introduced.html
Bill Title: Relates to sick leave for officers and employees with a qualifying World Trade Center condition.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2018-06-20 - ordered to third reading rules cal.472 [S06898 Detail]
Download: New_York-2017-S06898-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6898 2017-2018 Regular Sessions IN SENATE October 4, 2017 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the general municipal law, 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 reimbursement of any public authority or municipal corporation 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. Notwithstanding any other law, rule or regu- 5 lation to the contrary, officers and employees of the state, a public 6 authority or any municipal corporation outside of a city with a popu- 7 lation of one million or more who filed a notice of participation in 8 World Trade Center rescue, recovery or cleanup operations and subse- 9 quently develop a qualifying World Trade Center condition, as defined in 10 section two of the retirement and social security law, while employed by 11 the state, a public authority or such municipal corporation [or public12authority] shall be granted line of duty sick leave commencing on the 13 date that such employee was diagnosed with a qualifying World Trade 14 Center condition regardless of whether such officer or employee was 15 employed by his or her current employer at the time that such officer or 16 employee participated in World Trade Center rescue, recovery or cleanup 17 operations. The officer or employee shall be compensated at his or her 18 regular rate of pay for those regular work hours during which the offi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13574-02-7S. 6898 2 1 cer or employee is absent from work. Such leave shall be provided with- 2 out loss of an officer or employee's accrued sick leave. 3 2. For purposes of this section, "cost" shall mean the number of days 4 of sick leave that must be restored to an officer or employee pursuant 5 to subdivision one of this section multiplied by such officer or employ- 6 ee's wage rate at the time that such sick leave for which reimbursement 7 is being sought was taken. "Cost" shall not include any sick time taken 8 by an officer or employee before such officer or employee filed his or 9 her notice of participation in World Trade Center rescue, recovery or 10 cleanup operations. 11 3. Notwithstanding any provision of law to the contrary, upon request 12 from the state, public authority or municipal corporation outside of a 13 city with a population of one million or more for a copy of a notice of 14 participation in World Trade Center rescue, recovery or cleanup oper- 15 ations for an officer or employee, the retirement system in which such 16 officer or employee is a member and to which such officer or employee 17 filed his or her notice of participation in World Trade Center rescue, 18 recovery or cleanup operations in accordance with paragraph (a) of 19 subdivision thirty-six of section two of the retirement and social secu- 20 rity law, such retirement system shall provide a verified copy of such 21 filed notice of participation that includes the date that such notice 22 was received to such requestor. A copy of such verified notice of 23 participation shall be filed with any claim for reimbursement submitted 24 to the civil service commission pursuant to subdivision four of this 25 section. Except as required for filing and review purposes, such veri- 26 fied notice of participation and all copies of such verified notice 27 shall be confidential and not subject to disclosure pursuant to article 28 six of the public officers law. 29 4. Such public authority or municipal corporation shall submit any 30 claim for reimbursement under this section to the civil service commis- 31 sion. In accordance with subdivision one-a of section six of the civil 32 service law, the civil service commission shall review each claim to 33 determine if such claim shall be approved, reduced, amended or rejected 34 and shall notify such public authority or municipal corporation, within 35 sixty days of receipt of such claim, as to its determination. Such 36 public authority or municipal corporation shall notify the civil service 37 commission within thirty days after receipt of the civil service commis- 38 sion's notification, as to its acceptance or rejection of such determi- 39 nation. Failure to so notify the civil service commission shall consti- 40 tute an acceptance of the determination. If accepted by such public 41 authority or municipal corporation, such acceptance shall constitute the 42 final and conclusive determination for such claim. If rejected by such 43 public authority or municipal corporation, such public authority or 44 municipal corporation shall resubmit its claim, within thirty days after 45 receipt of the civil service commission's notification, together with 46 its reasons for objection and any additional documentation which may 47 justify its claim. Upon receipt of a resubmitted claim, the civil 48 service commission shall review such claim and within sixty days of 49 receipt of such resubmitted claim, make a final determination as to the 50 amount to be approved for such claim. If such public authority or munic- 51 ipal corporation shall dispute such final determination it may commence 52 an action, within sixty days of such final determination, in the court 53 of claims which shall have jurisdiction to adjudicate the claim and 54 enter judgment, which judgment shall be a final determination for 55 purposes of this section and shall be payable in accordance with the 56 provisions of sections three and four of this chapter.S. 6898 3 1 5. The civil service commission shall certify all claims for which a 2 final determination has been made. The civil service commission shall 3 submit all claims certified to the comptroller of the department of 4 audit and control on or before the first day of the immediately succeed- 5 ing month during which such claim was certified. 6 6. All claims certified by the civil service commission shall be paid 7 monthly and shall be paid upon a warrant from the comptroller. 8 § 2. Section 6 of the civil service law is amended by adding a new 9 subdivision 1-a to read as follows: 10 1-a. Have the power to review claims for reimbursement submitted by 11 public authorities or municipal corporations outside of a city with a 12 population of a million or more pursuant to section ninety-two-d of the 13 general municipal law to determine if such claim shall be approved, 14 reduced, amended or rejected. Such review and determination shall be 15 made in accordance with section ninety-two-d of the general municipal 16 law. 17 § 3. Section 2 of chapter 273 of the laws of 2017, amending the gener- 18 al municipal law relating to granting sick leave for officers and 19 employees with a qualified World Trade Center condition, is amended to 20 read as follows: 21 § 2. The state shall reimburse any public authority or municipal 22 corporation of less than one million people for the cost of any line 23 duty sick leave granted pursuant to this act. Such reimbursement shall 24 be made in accordance with the provisions of section 92-d of the general 25 municipal law. 26 § 4. This act shall take effect immediately and shall apply to all 27 claims for reimbursement filed pursuant to section one of this act.
