senate Bill S5759A

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

Sponsored By

Archive: Last Bill Status Via A7803 - 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 (12)
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
Jun 21, 2013 substituted by a7803a
ordered to third reading cal.1621
committee discharged and committed to rules
Jun 18, 2013 print number 5759a
amend and recommit to cities
Jun 12, 2013 referred to cities

Co-Sponsors

S5759 - Details

See Assembly Version of this Bill:
A7803A
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

S5759 - Summary

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

S5759 - Sponsor Memo

S5759 - Bill Text download pdf

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

                                  5759

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 12, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- 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,  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

Co-Sponsors

S5759A (ACTIVE) - Details

See Assembly Version of this Bill:
A7803A
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

S5759A (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.

S5759A (ACTIVE) - Sponsor Memo

S5759A (ACTIVE) - Bill Text download pdf

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

                                 5759--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 12, 2013
                               ___________

Introduced by Sens. GOLDEN, LANZA -- read twice and ordered printed, and
  when  printed  to be committed to the Committee on Cities -- 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.
                                                           LBD11304-03-3

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