S T A T E O F N E W Y O R K
________________________________________________________________________
6255
2009-2010 Regular Sessions
I N A S S E M B L Y
February 27, 2009
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the administrative code of the city of New York, in
relation to health insurance coverage for surviving spouses of
uniformed personnel of the New York city department of correction and
sanitation members of the New York city employees' retirement system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraphs (i) and (ii) of paragraph 2 of subdivision b
of section 12-126 of the administrative code of the city of New York, as
amended by chapter 339 of the laws of 2008, are amended to read as
follows:
(i) Where the death of a member of the uniformed forces of the police
or fire departments, UNIFORMED PERSONNEL OF THE NEW YORK CITY DEPARTMENT
OF CORRECTION OR SANITATION MEMBERS OF THE NEW YORK CITY EMPLOYEES'
RETIREMENT SYSTEM is or was the natural and proximate result of an acci-
dent 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09689-01-9
A. 6255 2
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 technician (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 transporta-
tion who died on or after September first, two thousand five and before
September twenty-eighth, two thousand five, 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 limitations set forth in
the section. Provided, however, and notwithstanding any other provision
of law to the contrary, and solely for the purposes of this subpara-
graph, a member otherwise covered by this subparagraph shall be deemed
to have died as the natural and proximate result of an accident or inju-
ry 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.
A. 6255 3
(ii) Where a retired member of the fire department, UNIFORMED PERSON-
NEL OF THE NEW YORK CITY DEPARTMENT OF CORRECTION OR SANITATION MEMBERS
OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM dies and is enrolled
in a health insurance plan, the surviving spouse 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 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 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 tech-
nician 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 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).
S 2. This act shall take effect immediately.