S T A T E   O F   N E W   Y O R K
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                                  4611

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced  by Sens. ONORATO, BONACIC, DILAN, HASSELL-THOMPSON, C. JOHN-
  SON, KLEIN, PARKER, SAMPSON, SAVINO, STAVISKY, THOMPSON -- read  twice
  and ordered printed, and when printed to be committed to the Committee
  on Cities

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to health insurance coverage for surviving domestic  partners
  of  members  of  the police department and the fire department who are
  enrolled in a health insurance plan

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subparagraphs (ii) and (iii) of paragraph 2 of subdivision
b  of section 12-126 of the administrative code of the city of New York,
subparagraph (ii) as amended by chapter 339 of  the  laws  of  2008  and
subparagraph  (iii)  as  amended by chapter 436 of the laws of 2001, are
amended to read as follows:
  (ii) Where a retired  member  of  the  fire  department  dies  and  is
enrolled  in  a  health insurance plan, the surviving spouse OR ELIGIBLE
DOMESTIC PARTNER shall be afforded the right to  such  health  insurance
coverage  and  health  insurance  coverage  which  is  predicated on the
insured's enrollment in the hospital and medical program  for  the  aged
and  disabled  under the social security act as is provided for retirees
and their dependents as set forth in subparagraph (i) of this paragraph,
provided such surviving spouse OR ELIGIBLE  DOMESTIC  PARTNER  pays  one
hundred  two  percent  of  the  group  rate  for such coverage, with two
percent intended to cover administrative costs incurred,  provided  such
spouse  OR PARTNER elects such health insurance coverage within one year
of the death of his or her spouse OR PARTNER.    For  purposes  of  this
subparagraph,  "retired  member  of  the  fire department" shall include
persons who, immediately prior to retirement, were employed by the  fire
department  of the city of New York in a title whose duties are those of
an emergency medical technician or advanced emergency medical technician

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03674-01-9
              

S. 4611                             2

(as those terms are defined in section three thousand one of the  public
health  law), or whose duties required the direct supervision of employ-
ees whose duties  are  those  of  an  emergency  medical  technician  or
advanced  emergency  medical  technician  (as those terms are defined in
section three thousand one of the public health law).
  (iii) Where a retired  member  of  the  police  department,  including
premerger  retirees  who  were  police officers employed by the New York
city housing authority or the New York city transit authority, dies  and
is enrolled in a health insurance plan, the surviving spouse OR ELIGIBLE
DOMESTIC  PARTNER  shall  be afforded the right to such health insurance
coverage and health  insurance  coverage  which  is  predicated  on  the
insured's  enrollment  in  the hospital and medical program for the aged
and disabled under the social security act as is provided  for  retirees
and their dependents as set forth in subparagraph (i) of this paragraph,
provided  such  surviving  spouse  OR ELIGIBLE DOMESTIC PARTNER pays one
hundred two percent of the  group  rate  for  such  coverage,  with  two
percent  intended  to cover administrative costs incurred, provided such
spouse OR PARTNER elects such health insurance coverage within one  year
of the death of his or her spouse OR PARTNER.
  S 2. This act shall take effect immediately.