S T A T E O F N E W Y O R K
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7383--A
2009-2010 Regular Sessions
I N A S S E M B L Y
April 2, 2009
___________
Introduced by M. of A. CUSICK, BOYLAND, CASTRO, PHEFFER, PERRY, AUBRY,
HYER-SPENCER, M. MILLER, MILLMAN, COLTON, TITONE, SPANO, DenDEKKER,
O'DONNELL -- Multi-Sponsored by -- M. of A. BARRON, GIBSON, HOOPER,
JOHN, MARKEY, MAYERSOHN -- read once and referred to the Committee on
Governmental Employees -- recommitted to the Committee on Governmental
Employees in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the administrative code of the city of New York, in
relation to health insurance coverage for surviving spouses or domes-
tic partners of members of the New York city department of correction
or sanitation 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. Paragraph 2 of subdivision b of section 12-126 of the
administrative code of the city of New York, as amended by chapter 436
of the laws of 2001, the opening paragraph as amended by local law
number 22 of the city of New York for the year 2007, subparagraph (i) as
amended by local law number 9 of the city of New York for the year 2009
and subparagraph (ii) as amended by chapter 339 of the laws of 2008, is
amended to read as follows:
(2) Health insurance coverage for surviving spouses, domestic partners
and children of police officers, firefighters and certain other city
employees:
(i) Where the death of a member of the uniformed forces of the police
or fire departments is or was the natural and proximate result of an
accident or injury sustained while in the performance of duty, the
surviving spouse or domestic partner, until he or she dies, and the
children under the age of nineteen years and any such child who is
enrolled on a full-time basis in a program of undergraduate study in an
accredited degree-granting institution of higher education until such
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10216-02-0
A. 7383--A 2
child completes his or her educational program or reaches the age of
twenty-three years, whichever comes first, shall be afforded the right
to 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 city employees, city retirees and their dependents as set
forth in paragraph one of this subdivision. Where the death of a
uniformed member of the correction or sanitation departments has
occurred while such employee was in active service as the natural and
proximate result of an accident or injury sustained while in the
performance of duty, the surviving spouse or domestic partner, until he
or she dies, and the child of such employee who is under the age of
nineteen years and any such child who is enrolled on a full-time basis
in a program of undergraduate study in an accredited degree-granting
institution of higher education until such child completes his or her
educational program or reaches the age of twenty-three years, whichever
comes first, shall be afforded the right to 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 city employees, city
retirees and their dependents as set forth in paragraph one of this
subdivision. Where the death of an employee of the fire department of
the city of New York who was serving in a title whose duties are those
of an emergency medical technician or advanced emergency medical techni-
cian (as those terms are defined in section three thousand one of the
public health law), or whose duties required the direct 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) is or was the
natural and proximate result of an accident or injury sustained while in
the performance of duty on or after September eleventh, two thousand
one, the surviving spouse or domestic partner, until he or she dies, and
the children under the age of nineteen years and any such child who is
enrolled on a full-time basis in a program of undergraduate study in an
accredited degree-granting institution of higher education until such
child completes his or her educational program or reaches the age of
twenty-three years, whichever comes first, shall be afforded the right
to 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 city employees, city retirees and their dependents as set
forth in paragraph one of this subdivision. The mayor may, in his or her
discretion, authorize the provision of such health insurance coverage
for the surviving spouses, domestic partners and children of employees
of the fleet services division of the police department who died on or
after October first, nineteen hundred ninety-eight and before April
thirtieth, nineteen hundred ninety-nine, and the surviving spouses,
domestic partners and children of employees of the roadway repair and
maintenance division of the department of transportation who died on or
after September first, two thousand five and before September twenty-
eighth, two thousand five, and the surviving spouses, domestic partners
and children of employees of the bureau of wastewater treatment of the
department of environmental protection who died on or after January
eighth, two thousand nine and before January tenth, two thousand nine as
a natural and proximate result of an accident or injury sustained while
in the performance of duty, subject to the same terms, conditions and
A. 7383--A 3
limitations set forth in the section. Provided, however, and notwith-
standing any other provision of law to the contrary, and solely for the
purposes of this subparagraph, a member otherwise covered by this
subparagraph shall be deemed to have died as the natural and proximate
result of an accident or injury sustained while in the performance of
duty upon which his or her membership is based, provided that such
member was in active service upon which his or her membership is based
at the time that such member was ordered to active duty, other than for
training purposes, pursuant to Title 10 of the United States Code, with
the armed forces of the United States, and such member died while on
active duty on or after the effective date of local law number ninety-
six of the city of New York for the year two thousand five while serving
on such active military duty.
(ii) Where a retired member of the fire department dies and is
enrolled in a health insurance plan, the surviving spouse shall be
afforded the right to such health insurance coverage and health insur-
ance 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 pays one hundred two percent of the group rate for such coverage,
with two percent intended to cover administrative costs incurred,
provided such spouse elects such health insurance coverage within one
year of the death of his or her spouse. For purposes of this subpara-
graph, "retired member of the fire department" shall include persons
who, immediately prior to retirement, were employed by the fire depart-
ment of the city of New York 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 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 shall be
afforded the right to such health insurance coverage and health insur-
ance 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 pays one hundred two percent of the group rate for such coverage,
with two percent intended to cover administrative costs incurred,
provided such spouse elects such health insurance coverage within one
year of the death of his or her spouse.
(IV) WHERE AN ACTIVE OR RETIRED MEMBER OF THE NEW YORK CITY DEPARTMENT
OF CORRECTION OR SANITATION DIES AND IS ENROLLED IN A HEALTH INSURANCE
PLAN, THE SURVIVING SPOUSE OR 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 SUBPAR-
AGRAPH (I) OF THIS PARAGRAPH, PROVIDED SUCH SURVIVING SPOUSE OR DOMESTIC
PARTNER PAYS ONE HUNDRED TWO PERCENT OF THE GROUP RATE FOR SUCH COVER-
AGE, WITH TWO PERCENT INTENDED TO COVER ADMINISTRATIVE COSTS INCURRED,
A. 7383--A 4
PROVIDED SUCH SPOUSE OR DOMESTIC PARTNER ELECTS SUCH HEALTH INSURANCE
COVERAGE WITHIN ONE YEAR OF THE DEATH OF HIS OR HER SPOUSE OR DOMESTIC
PARTNER.
S 2. This act shall take effect immediately.