assembly Bill A7803A

Signed By Governor
2013-2014 Legislative Session

Addresses limitations in existing disability provisions intended to protect public employees who suffered injuries or illnesses in WTC rescue, recovery and cleanup operations

download bill text pdf

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 13, 2013 signed chap.489
Nov 01, 2013 delivered to governor
Jun 21, 2013 returned to assembly
passed senate
3rd reading cal.1621
substituted for s5759a
referred to rules
delivered to senate
passed assembly
Jun 20, 2013 ordered to third reading rules cal.651
rules report cal.651
reported
reported referred to rules
Jun 17, 2013 print number 7803a
Jun 17, 2013 amend and recommit to ways and means
Jun 13, 2013 reported referred to ways and means
Jun 04, 2013 referred to governmental employees

A7803 - Details

See Senate Version of this Bill:
S5759
Law Section:
New York City Administrative Code
Laws Affected:
Amd §§13-551, 13-168, 13-252.1 & 13-353.1, NYC Ad Cd; amd §2575, Ed L; amd §§507-c, 605-b, 605-c, 607-b & 2, R & SS L; amd §§161, 162, 165 & 168, Work Comp L

A7803 - Summary

Addresses limitations in existing disability provisions intended to protect public employees who suffered injuries or illnesses in WTC rescue, recovery and cleanup operations.

A7803 - Bill Text download pdf

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

                                  7803

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2013
                               ___________

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, the
  education law, the retirement and social security law and the workers'
  compensation law, in relation to injuries or illnesses suffered  as  a
  result  of  participation  in  rescue,  recovery  and cleanup directly
  related to the attacks at the World Trade Center on September 11, 2001

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision c of section 13-551 of the administrative code
of the city of New York is amended and three new subdivisions f, g and h
are added to read as follows:
  c. Any such application shall be filed  within  two  years  after  the
happening  of such accident EXCEPT IF FILED BY A VESTED MEMBER INCAPACI-
TATED AS A RESULT OF  A  QUALIFYING  WORLD  TRADE  CENTER  CONDITION  AS
DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW.
  F. (1)(A) NOTWITHSTANDING ANY PROVISIONS OF THIS CODE OR OF ANY GENER-
AL, SPECIAL OR LOCAL LAW, CHARTER OR RULE OR REGULATION TO THE CONTRARY,
IF ANY CONDITION OR IMPAIRMENT OF HEALTH IS CAUSED BY A QUALIFYING WORLD
TRADE  CENTER  CONDITION AS DEFINED IN SECTION TWO OF THE RETIREMENT AND
SOCIAL SECURITY LAW, IT  SHALL  BE  PRESUMPTIVE  EVIDENCE  THAT  IT  WAS
INCURRED  IN  THE  PERFORMANCE AND DISCHARGE OF DUTY AND THE NATURAL AND
PROXIMATE RESULT OF AN ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN  WILLFUL
NEGLIGENCE, UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE.
  (B)  THE RETIREMENT BOARD IS HEREBY AUTHORIZED TO PROMULGATE RULES AND
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
  (2) (A) NOTWITHSTANDING THE PROVISIONS  OF  THIS  CHAPTER  OR  OF  ANY
GENERAL,  SPECIAL  OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR
REGULATION TO THE CONTRARY, IF A MEMBER WHO PARTICIPATED IN WORLD  TRADE
CENTER  RESCUE, RECOVERY OR CLEANUP OPERATIONS AS DEFINED IN SECTION TWO
OF THE RETIREMENT AND SOCIAL SECURITY LAW, AND SUBSEQUENTLY RETIRED ON A
SERVICE RETIREMENT, AN ORDINARY  DISABILITY  RETIREMENT,  AN  ACCIDENTAL
DISABILITY  RETIREMENT,  A PERFORMANCE OF DUTY DISABILITY RETIREMENT, OR
WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF

A7803A (ACTIVE) - Details

See Senate Version of this Bill:
S5759
Law Section:
New York City Administrative Code
Laws Affected:
Amd §§13-551, 13-168, 13-252.1 & 13-353.1, NYC Ad Cd; amd §2575, Ed L; amd §§507-c, 605-b, 605-c, 607-b & 2, R & SS L; amd §§161, 162, 165 & 168, Work Comp L

A7803A (ACTIVE) - Summary

Addresses limitations in existing disability provisions intended to protect public employees who suffered injuries or illnesses in WTC rescue, recovery and cleanup operations.

A7803A (ACTIVE) - Bill Text download pdf

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

                                 7803--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2013
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees -- reported and referred to the Committee on
  Ways   and  Means  --  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,  the
  education law, the retirement and social security law and the workers'
  compensation  law,  in relation to injuries or illnesses suffered as a
  result of participation  in  rescue,  recovery  and  cleanup  directly
  related to the attacks at the World Trade Center on September 11, 2001

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision c of section 13-551 of the administrative  code
of the city of New York is amended and three new subdivisions f, g and h
are added to read as follows:
  c.  Any  such  application  shall  be filed within two years after the
happening of such accident EXCEPT IF FILED BY A VESTED MEMBER  INCAPACI-
TATED  AS  A  RESULT  OF  A  QUALIFYING  WORLD TRADE CENTER CONDITION AS
DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW.
  F. (1)(A) NOTWITHSTANDING ANY PROVISIONS OF THIS CODE OR OF ANY GENER-
AL, SPECIAL OR LOCAL LAW, CHARTER OR RULE OR REGULATION TO THE CONTRARY,
IF ANY CONDITION OR IMPAIRMENT OF HEALTH IS CAUSED BY A QUALIFYING WORLD
TRADE CENTER CONDITION AS DEFINED IN SECTION TWO OF THE  RETIREMENT  AND
SOCIAL  SECURITY  LAW,  IT  SHALL  BE  PRESUMPTIVE  EVIDENCE THAT IT WAS
INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY AND  THE  NATURAL  AND
PROXIMATE  RESULT OF AN ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL
NEGLIGENCE, UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE.
  (B) THE RETIREMENT BOARD IS HEREBY AUTHORIZED TO PROMULGATE RULES  AND
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
  (2)  (A)  NOTWITHSTANDING  THE  PROVISIONS  OF  THIS CHAPTER OR OF ANY
GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR  RULE  OR
REGULATION  TO THE CONTRARY, IF A MEMBER WHO PARTICIPATED IN WORLD TRADE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11304-02-3