Senate Bill S3187

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

                                  3187

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 12, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- 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  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
              

S. 3187                             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.

S. 3187                             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.