S T A T E O F N E W Y O R K
________________________________________________________________________
4105
2009-2010 Regular Sessions
I N A S S E M B L Y
January 30, 2009
___________
Introduced by M. of A. ABBATE, PHEFFER, ZEBROWSKI -- Multi-Sponsored by
-- M. of A. McENENY -- read once and referred to the Committee on
Governmental Employees
AN ACT to amend the general municipal law, in relation to providing for
the special accidental death benefit for district attorney investi-
gators
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision a of section 208-f of the general municipal
law, as separately amended by chapters 583 and 742 of the laws of 2004,
is amended to read as follows:
a. Notwithstanding any other provision of law, the special accidental
death benefit provided by this section shall be paid to the widow or
widower or the deceased member's children under the age of eighteen, or,
if a student under the age of twenty-three, if the widow or widower has
died of: (i) a deceased member of a pension or retirement system of a
police department or paid fire department of a city, town or village;
(ii) a deceased paid member of the police force of the police department
of the New York city transit authority; (iii) a deceased paid member of
the police force of the police department of the New York city housing
authority; (iv) a deceased paid member of the uniformed correction force
of the New York city department of correction; (v) a deceased paid
uniformed member of a county sheriff's department (outside the city of
New York); or (vi) a deceased employee of the city of New York or the
New York city health and hospitals corporation in a title 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), or in a title whose duties require the
supervision of employees 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); or (vi)
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07364-01-9
A. 4105 2
a deceased paid bridge and tunnel member of the New York city employees'
retirement system, providing the widow or widower is ineligible to
receive benefits pursuant to section three hundred sixty-one-a of the
retirement and social security law as added by chapter four hundred
seventy-two of the laws of nineteen hundred seventy-eight; OR (VII) A
DECEASED PAID MEMBER OF A DISTRICT ATTORNEY INVESTIGATOR'S OFFICE AS
DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW and the deceased
member:
1. Died before the effective date of his or her retirement, as the
natural and proximate result of an accident sustained in the performance
of duty in the service upon which his membership was based, and
2. Did not cause such accident by his or her own willful negligence,
and
3. At the time of such accident was actually a member of: (i) a
pension or retirement system of a police department or paid fire depart-
ment of a city, town or village; (ii) a pension or retirement system
covering the police force of the police department of the New York city
transit authority; (iii) a pension or retirement system covering the
police force of the police department of the New York city housing
authority; (iv) a pension or retirement system covering the uniformed
correction force of the New York city department of correction; (v) a
pension or retirement system covering uniformed members of a county
sheriff's department (outside the city of New York); or (vi) a pension
or retirement system covering employees of the city of New York, or the
New York city health and hospitals corporation in a title 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), or in a title whose duties require the
supervision of employees 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); or (vi)
a pension or retirement system covering paid bridge and tunnel members
of the New York city employees' retirement system.
S 2. Subdivision h of section 208-f of the general municipal law, as
amended by chapter 5 of the laws of 2007, is amended to read as follows:
h. Notwithstanding any other provision of law, if (i) a member of a
pension or retirement system covering a police department or paid fire
department of a city, town or village; (ii) a member of a pension or
retirement system covering the uniformed corrections force of the New
York city department of corrections; (iii) a member of a pension or
retirement system covering a county sheriff's department (outside of the
city of New York); (iv) a deputy sheriff member of the New York city
employees' retirement system; (v) a member of the New York city employ-
ees' retirement system who is an employee of the city of New York or the
New York city health and hospitals corporation in a title 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), or in a title whose duties require the
supervision of employees 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); (vi) a
bridge and tunnel member of the New York city employees' retirement
system; (VII) A DECEASED PAID MEMBER OF A DISTRICT ATTORNEY INVESTI-
GATOR'S OFFICE AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW,
who: (1) has met the criteria of subdivision g of section sixty-three of
the retirement and social security law, subdivision g of section three
A. 4105 3
hundred sixty-three of the retirement and social security law, subdivi-
sion h of section three hundred sixty-three-bb of the retirement and
social security law, subdivision g of section five hundred seven of the
retirement and social security law, subdivision c of section five
hundred seven-c of the retirement and social security law, subdivision h
of section five hundred fifty-six of the retirement and social security
law, subdivision h of section six hundred five of the retirement and
social security law, subdivision h of section six hundred five-a of the
retirement and social security law, subdivision d of section six hundred
five-b of the retirement and social security law as added by chapter
five hundred four of the laws of two thousand two, subdivision b of
section six hundred five-c of the retirement and social security law,
subdivision c of section six hundred seven-b of the retirement and
social security law, subdivision one of section 13-252.1 of the adminis-
trative code of the city of New York, subdivision one of section
13-353.1 of the administrative code of the city of New York, or subdivi-
sion b of section 13-168 of the administrative code of the city of New
York; and (2) dies in active service from a qualifying condition or
impairment of health, as defined in each of the foregoing subdivisions,
that is determined by the applicable head of the retirement system or
applicable medical board to have been caused by such member's partic-
ipation in the World Trade Center rescue, recovery or cleanup oper-
ations, then unless the contrary be proven by competent evidence, such
member shall be deemed to have died as a natural and proximate result of
an accident sustained in the performance of duty and not as a result of
willful negligence on his or her part. Upon such determination, the
eligible beneficiary of such member, as defined in either section
sixty-one, five hundred one or six hundred one of the retirement and
social security law, section 13-149, 13-244 or 13-347 of the administra-
tive code of the city of New York shall be entitled to a special acci-
dental death benefit as provided by this section, payable in accordance
with subdivisions b, c and d of this section.
S 3. This act shall take effect immediately.