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.