Bill Text: NY S06898 | 2017-2018 | General Assembly | Amended
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-Amended.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-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6898--B 2017-2018 Regular Sessions IN SENATE October 4, 2017 ___________ Introduced by Sens. GOLDEN, GALLIVAN, KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- 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. Notwithstanding any other law, rule or regu- 5 lation to the contrary, officers and employees of the state, a public 6 authority or any municipal corporation outside of a city with a popu- 7 lation of one million or more who [filed a] have filed and received 8 approval for such filed notice of participation in World Trade Center 9 rescue, recovery or cleanup operations engaged in while employed by the 10 state, a public authority or a municipal corporation and subsequently 11 develop a qualifying World Trade Center condition, as defined in section 12 two of the retirement and social security law,[while employed by theEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13574-08-8S. 6898--B 2 1state, a public authority or such municipal corporation or public2authority] shall, after the receipt of a written request for line of 3 duty sick leave, be granted line of duty sick leave commencing on the 4 date that such employee was diagnosed with a qualifying World Trade 5 Center condition regardless of whether such officer or employee was 6 employed by his or her current employer at the time that such officer or 7 employee participated in World Trade Center rescue, recovery or cleanup 8 operations. The officer or employee shall be compensated at his or her 9 regular rate of pay for those regular work hours during which the offi- 10 cer or employee is absent from work due to his or her qualifying World 11 Trade Center condition. Such leave shall be provided without loss of an 12 officer or employee's accrued sick leave. Nothing in this section shall 13 limit an employer's power pursuant to any other provision of law to 14 discipline an officer or employee by termination, reduction of salary, 15 or any other appropriate measure; to terminate an appointee who has not 16 completed his or her probationary term; and to apply for ordinary or 17 accident disability retirement for an officer or employee. 18 § 2. The opening paragraph of section 92-d of the general municipal 19 law is designated subdivision 1 and seven new subdivisions 2, 3, 4, 5, 20 6, 7 and 8 are added to read as follows: 21 2. Notwithstanding any other law, rule or regulation to the contrary, 22 officers and employees of a city with a population of one million or 23 more who (i) do not receive benefits similar to those provided by this 24 section pursuant to a collectively bargained agreement, section 14-122.1 25 of the administrative code of the city of New York, section 15-108.1 of 26 the administrative code of the city of New York, or other statutory 27 provision and (ii) have filed and received approval for such filed 28 notice of participation in World Trade Center rescue, recovery or clean- 29 up operations engaged in while employed by the state, a public authority 30 or a municipal corporation and subsequently develop a qualifying World 31 Trade Center condition, as defined in section two of the retirement and 32 social security law, shall, after receipt of a written request for line 33 of duty sick leave, be granted line of duty sick leave commencing on the 34 date that such employee was diagnosed with a qualifying World Trade 35 Center condition regardless of whether such officer or employee was 36 employed by his or her current employer at the time that such officer or 37 employee participated in World Trade Center rescue, recovery or cleanup 38 operations. The officer or employee shall be compensated at his or her 39 regular rate of pay for those regular work hours during which the offi- 40 cer or employee is absent from work due to his or her qualifying World 41 Trade Center condition. Such leave shall be provided without loss of an 42 officer or employee's accrued sick leave. Nothing in this section shall 43 limit an employer's power pursuant to another provision of law to disci- 44 pline an officer or employee by termination, reduction of salary, or any 45 other appropriate measure; to terminate an appointee who has not 46 completed his or her probationary term; and to apply for ordinary or 47 accident disability retirement for an officer or employee. 48 3. For purposes of this section, "cost" shall mean the number of days 49 of sick leave that must be restored to an officer or employee pursuant 50 to subdivision one or two of this section multiplied by such officer or 51 employee's wage rate at the time that such sick leave for which 52 reimbursement is being sought was taken. 53 4. A request, for line of duty sick leave shall be in writing and 54 include a waiver of the protection afforded to the officer or employee 55 pursuant to the health insurance portability and accountability act to 56 allow disclosure of the officer or employee's approved notice of partic-S. 6898--B 3 1 ipation and any medical records concerning such officer or employee's 2 notice of participation or qualifying World Trade Center condition in 3 the possession of the retirement system in which such officer or employ- 4 ee is a member for the purpose of reviewing, processing and auditing his 5 or her claim for line of duty sick leave. Such waiver shall be in the 6 form required by the retirement system of which he or she is a member, 7 along with the application for line of duty sick leave, with his or her 8 employer. 9 5. Notwithstanding any provision of law to the contrary, upon request 10 from the state, public authority or municipal corporation outside of a 11 city with a population of one million or more for a copy of an approved 12 notice of participation in World Trade Center rescue, recovery or clean- 13 up operations for an officer or employee, the retirement system in which 14 such officer or employee is a member and to which such officer or 15 employee filed his or her notice of participation in World Trade Center 16 rescue, recovery or cleanup operations in accordance with paragraph (a) 17 of subdivision thirty-six of section two of the retirement and social 18 security law, such retirement system shall provide a verified copy of 19 such approved notice of participation that includes the date that such 20 notice was filed to such requestor. A copy of such verified notice of 21 participation shall be filed with any claim for reimbursement submitted 22 to the civil service commission pursuant to subdivision four of this 23 section. Except as required for filing, review, and audit purposes, such 24 verified notice of participation and all copies of such verified notice 25 shall be confidential and not subject to disclosure pursuant to article 26 six of the public officers law. 27 6. A public authority or municipal corporation outside of a city with 28 a population of one million or more shall submit any claim for 29 reimbursement under this section to the civil service commission. In 30 accordance with subdivision one-a of section six of the civil service 31 law, the civil service commission shall review each claim to determine 32 if such claim shall be approved, reduced, amended or rejected and shall 33 notify the submitting public authority or municipal corporation, within 34 sixty days of receipt of such claim, as to its determination. Such 35 public authority or municipal corporation shall notify the civil service 36 commission within thirty days after receipt of the civil service commis- 37 sion's notification, as to its acceptance or rejection of such determi- 38 nation. Failure to so notify the civil service commission shall consti- 39 tute an acceptance of the determination. If accepted by such public 40 authority or municipal corporation, such acceptance shall constitute the 41 final and conclusive determination for such claim. If rejected by such 42 public authority or municipal corporation, such public authority or 43 municipal corporation shall resubmit its claim, within thirty days after 44 receipt of the civil service commission's notification, together with 45 its reasons for objection and any additional documentation which may 46 justify its claim. Upon receipt of a resubmitted claim, the civil 47 service commission shall review such claim and within sixty days of 48 receipt of such resubmitted claim, make a final determination as to the 49 amount to be approved for such claim. If such public authority or munic- 50 ipal corporation shall dispute such final determination it may commence 51 an action, within sixty days of such final determination, in the court 52 of claims which shall have jurisdiction to adjudicate the claim and 53 enter judgment, which judgment shall be a final determination for 54 purposes of this section and shall be payable in accordance with the 55 provisions of this section.S. 6898--B 4 1 7. 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 certified claims 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 8. All claims certified by the civil service commission shall be paid 7 monthly and shall be paid upon a warrant from the comptroller. 8 § 3. 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 § 4. 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 qualifying World Trade Center condition, is amended to 20 read as follows: 21 § 2. The state shall reimburse any public authority or municipal 22 corporation with a population of less than one million people for the 23 cost of any line duty sick leave granted pursuant to this act. Such 24 reimbursement shall be made in accordance with the provisions of section 25 92-d of the general municipal law. 26 § 5. The administrative code of the city of New York is amended by 27 adding a new section 12-140 to read as follows: 28 § 12-140 Line of duty sick leave for World Trade Center rescue, recov- 29 ery or cleanup operations. Notwithstanding any other law, rule or regu- 30 lation to the contrary, officers and employees of a city with a popu- 31 lation of one million or more who (i) do not receive benefits similar to 32 those provided by this section pursuant to a collectively bargained 33 agreement, section 14-122.1 of this code, section 15-108.1 of this code, 34 or other statutory provision and (ii) filed and received approval for 35 such filed notice of participation in World Trade Center rescue, recov- 36 ery or cleanup operations engaged in while employed by the state, a 37 public authority or a municipal corporation and subsequently develop a 38 qualifying World Trade Center condition, as defined in section two of 39 the retirement and social security law, shall, after receipt of a writ- 40 ten request for line of duty sick leave, be granted line of duty sick 41 leave commencing on the date that such employee was diagnosed with a 42 qualifying World Trade Center condition regardless of whether such offi- 43 cer or employee was employed by his or her current employer at the time 44 that such officer or employee participated in World Trade Center rescue, 45 recovery or cleanup operations. The officer or employee shall be compen- 46 sated at his or her regular rate of pay for those regular work hours 47 during which the officer or employee is absent from work. Such leave 48 shall be provided without loss of an officer or employee's accrued sick 49 leave. Nothing in this section shall limit an employer's power pursuant 50 to another provision of law to discipline an officer or employee by 51 termination, reduction of salary, or any other appropriate measure; to 52 terminate an appointee who has not completed his or her probationary 53 term; and to apply for ordinary or accident disability retirement for an 54 officer or employee. 55 § 6. The commissioner of the department of civil service, in consulta- 56 tion with the state comptroller and the commissioner of the departmentS. 6898--B 5 1 of taxation and finance, shall promulgate rules and regulations to 2 assist with the implementation of section 92-d of the general municipal 3 law. Such rules and regulations shall be issued no later than 90 days 4 after this act shall have become a law. Notwithstanding any other 5 provisions to the contrary in the state administrative procedure act, 6 such rules and regulations may be adopted on an emergency basis if 7 necessary to meet such 90-day deadline. 8 § 7. The commissioner of the department of taxation and finance, in 9 consultation with the state comptroller, shall issue guidance regarding 10 the tax treatment to officers and employees who have received restored 11 sick leave no later than sixty days after this act shall have become a 12 law. 13 § 8. This act shall take effect immediately; provided that section one 14 of this act shall be deemed to have been in full force and effect on the 15 same date as chapter 273 of the laws of 2017; and provided further that 16 this act shall apply to all claims for reimbursement filed pursuant to 17 section 92-d of the general municipal law, as amended by this act; and 18 provided further, that any officer or employee who is currently employed 19 by a city with a population of one million or more who has been diag- 20 nosed with a qualifying World Trade Center condition and is using sick 21 leave due to such condition shall receive a restoration of such sick 22 leave retroactive to the date such officer or employee was diagnosed 23 with a qualifying World Trade Center condition.
