LBD11359-03-7
S. 6542--A 2
4-b. Geographic certification based on need. A municipal commission
having jurisdiction over a city or civil division may provide that
eligibles, other than those eligibles on [policemen and firemen] POLICE
OFFICER AND FIREFIGHTER lists, who are residents of a geographically-de-
fined area which is a portion of such city or civil division shall be
certified first for appointment to positions in such area where in order
to qualify for federal moneys such certification is required. Upon
exhaustion of the list of such resident eligibles, certifications shall
be made from the whole eligible list.
§ 3. Section 86 of the civil service law, as amended by chapter 283 of
the laws of 1972, is amended to read as follows:
§ 86. Transfer of veterans or exempt volunteer [firemen] FIREFIGHTERS
upon abolition of positions. If the position in the non-competitive or
in the labor class held by any honorably discharged veteran of the armed
forces of the United States who served therein in time of war as defined
in section eighty-five of this chapter, or by an exempt volunteer [fire-
man] FIREFIGHTER as defined in the general municipal law, shall become
unnecessary or be abolished for reasons of economy or otherwise, the
honorably discharged veteran or exempt volunteer [fireman] FIREFIGHTER
holding such position shall not be discharged from the public service
but shall be transferred to a similar position wherein a vacancy exists,
and shall receive the same compensation therein. It is hereby made the
duty of all persons clothed with the power of appointment to make such
transfer effective. The right to transfer herein conferred shall
continue for a period of one year following the date of abolition of the
position, and may be exercised only where a vacancy exists in an appro-
priate position to which transfer may be made at the time of demand for
transfer. Where the positions of more than one such veteran or exempt
volunteer [fireman] FIREFIGHTER are abolished and a lesser number of
vacancies in similar positions exist to which transfer may be made, the
veterans or exempt volunteer [firemen] FIREFIGHTERS whose positions are
abolished shall be entitled to transfer to such vacancies in the order
of their original appointment in the service. Nothing in this section
shall be construed to apply to the position of private secretary, cash-
ier or deputy of any official or department. This section shall have no
application to persons encompassed by section eighty-a of this chapter.
§ 4. Paragraph (f) of subdivision 2 of section 172-a of the executive
law, as amended by chapter 43 of the laws of 2002, is amended to read as
follows:
(f) A local post, camp, chapter or similarly designated element, or a
county unit of such elements, of a bona fide veterans' organization
which issues charters to such local elements throughout this state, a
bona fide organization of volunteer [firemen] FIREFIGHTERS, an organiza-
tion providing volunteer ambulance service (as defined in section three
thousand one of the public health law) or a bona fide auxiliary or
affiliate of such organizations, provided all its fund-raising activ-
ities are carried on by members of such an organization or an affiliate
thereof and such members receive no compensation, directly or indirect-
ly, therefor.
§ 5. Subdivision 1 of section 226 of the executive law, as amended by
chapter 434 of the laws of 1966, is amended to read as follows:
1. The governing board of any police district provided for under arti-
cle fourteen-a of the town law or of any town or of any village, may
from time to time respectively contract upon behalf of said district,
town or village with the superintendent of state police upon behalf of
the state for the regular assignment of state police to said district,
S. 6542--A 3
town or village upon the following terms and conditions: The superinten-
dent of state police shall detail such number of state [policemen]
POLICE OFFICERS as shall be agreed upon to such district, town or
village for a period of one year; the pay, maintenance and other
expenses of such detail for a period of one year shall be computed by
the superintendent of state police with the approval of the state comp-
troller pro rata upon the total cost of the pay, maintenance and similar
expenses of the whole department; before such contract shall take effect
the governing board of said district, town or village shall deposit to
the credit of the division of state police in a depository to be desig-
nated by the state comptroller with proper sureties, one half the sum of
money so computed and upon the first day of the sixth month during the
continuance of said contract shall likewise deposit the remainder of
said sum; the superintendent of state police, upon audit of the comp-
troller, shall draw upon said depository for the pay, maintenance and
other expenses of said detail when due; said detail shall have all the
powers and duties and shall remain at all times under the authority and
discipline of the superintendent of state police as provided for state
police assigned to regular duty under this article.
§ 6. Paragraph (v) of subdivision (l) of section 1-c of the legisla-
tive law, as amended by chapter 14 of the laws of 2007, is amended to
read as follows:
(v) municipal officers and employees including an officer or employee
of a municipality, whether paid or unpaid, including members of any
administrative board, commission or other agency thereof and in the case
of a county, shall be deemed to also include any officer or employee
paid from county funds. No person shall be deemed to be a municipal
officer or employee solely by reason of being a volunteer [fireman]
FIREFIGHTER or civil defense volunteer, except a fire chief or assistant
fire chief.
§ 7. Subdivision 5 of section 3 of the public officers law, as added
by chapter 480 of the laws of 1958, is amended to read as follows:
5. Volunteer [firemen] FIREFIGHTERS and volunteer fire officers of a
fire department or any company or unit thereof shall not be deemed to be
holding a civil office or a local office within the meaning of this
section and the provisions of this section shall not apply to such
volunteer [firemen] FIREFIGHTERS and volunteer fire officers. This
subdivision shall not be deemed to amend, modify or supersede any other
general, special or local law, city or village charter, code or ordi-
nance, or any rule or regulation governing any such fire department,
which prescribes the qualifications which a person must have to be a
volunteer [fireman] FIREFIGHTER or a volunteer fire officer of a poli-
tical subdivision or municipal corporation.
§ 8. Paragraph 3 of subdivision 4 of section 30 of the public officers
law, as amended by chapter 895 of the laws of 1961, is amended to read
as follows:
(3) If the police force of which he is a member consists of less than
two hundred full-time members; provided, however, that the local legis-
lative body of such political subdivision or municipal corporation
having such police force shall have power to adopt and amend local laws,
ordinances or resolutions of general application requiring members of
such police force, other than those members covered by paragraph one or
paragraph two of this subdivision, to reside in such political subdivi-
sion or municipal corporation, or permitting them to reside in specified
areas of such counties or within specified distances from the political
subdivision or municipal corporation provided such local legislative
S. 6542--A 4
body shall determine that a [policeman] POLICE OFFICER may respond ther-
efrom promptly and be available to render active service in such poli-
tical subdivision or municipal corporation.
§ 9. The opening paragraph of subdivision 5 and the opening paragraph
of subdivision 9 of section 2 of the workers' compensation law, the
opening paragraph of subdivision 5 as amended by chapter 503 of the laws
of 2016, and the opening paragraph of subdivision 9 as amended by chap-
ter 24 of the laws of 1988, are amended to read as follows:
"Employment" includes employment in a trade, business or occupation
carried on by the employer for pecuniary gain, or in connection there-
with, except where the employer elects to bring his OR HER employees
within the provisions of this chapter as provided in section three of
this article, and except employment as a domestic worker as provided in
section three of this article, and except where a town elects to have
the provisions of this chapter apply to the town superintendent of high-
ways. "Employment" shall also include, in connection with the civil
defense effort and for purposes of this chapter the service of a civil
defense volunteer in authorized activities of a volunteer agency spon-
sored or authorized by a local office as defined in a state defense
emergency act. "Employment" shall also include participation with an
auxiliary police effort made within a municipal corporation which
elected to include auxiliary [policemen] POLICE OFFICERS within the
definition of "employee" as authorized by subdivision four of this
section and for purposes of this chapter, the services of members or
volunteers in activities authorized by local law. The service of a civil
defense volunteer who is also an employee recompensed by an employer for
service to such employer, shall not be deemed to be in employment of a
local office when he OR SHE is performing civil defense service in his
OR HER employment or in relation thereto. For the purposes of this chap-
ter only "employment" shall also include the delivery or sale and deliv-
ery of newspapers or periodicals by a newspaper carrier as defined in
section thirty-two hundred twenty-eight of the education law, but shall
not include delivery of newspapers or shopping news to the consumer
(including any services directly related to such trade or business) by a
person who is not performing commercial goods transportation services
for a commercial goods transportation contractor within the meaning of
article twenty-five-C of the labor law. The term "employment" shall not
include the services of a licensed real estate broker or sales associate
if it be proven that (a) substantially all of the remuneration (whether
or not paid in cash) for the services performed by such broker or sales
associate is directly related to sales or other output (including the
performance of services) rather than to the number of hours worked; (b)
the services performed by the broker or sales associate are performed
pursuant to a written contract executed between such broker or sales
associate and the person for whom the services are performed within the
past twelve to fifteen months; and (c) the written contract provided for
in paragraph (b) herein was not executed under duress and contains the
following provisions:
"Wages" means the money rate at which the service rendered is recom-
pensed under the contract of hiring in force at the time of the acci-
dent, including the reasonable value of board, rent, housing, lodging or
similar advantage received from the employer, or in the case of (a) a
civil defense volunteer, (b) a volunteer worker in a state department as
provided in group sixteen of subdivision one of section three of this
chapter, (c) a volunteer worker for a social services district as
provided in group seventeen of subdivision one of section three of this
S. 6542--A 5
chapter, (d) a county fire coordinator, a deputy county fire coordinator
or a comparable county official to whom the provisions of group
fifteen-a of subdivision one of section three of this chapter are appli-
cable, who is also a volunteer firefighter or ambulance worker, (e) a
fire district officer whether elective or appointive and whether or not
he OR SHE is compensated for his OR HER services or a paid fire or ambu-
lance district employee, (f) a state fire instructor whose compensation
is paid in whole or in part by the state, (g) an enrolled member of a
fire company who, is not a volunteer firefighter, receives compensation
for his OR HER services and is not a full-time [fireman] FIREFIGHTER,
known as a "call [fireman] FIREFIGHTER", (h) persons who are performing
services for a public or not-for-profit corporation, association, insti-
tution or agency organized as an unincorporated association or duly
incorporated under the laws of this state in fulfillment of a sentence
of probation or of conditional discharge, or persons performing such
services pursuant to the provisions of section 170.55 or 170.56 of the
criminal procedure law, (i) an auxiliary [policeman] POLICE OFFICER in a
municipal corporation which elected to include such persons within the
definition of "employee" as authorized by subdivision four of this
section, or (j) a duly appointed member of a regional hazardous materi-
als incidents team recognized under section two hundred nine-y of the
general municipal law, such money rate applying in his OR HER regular
vocation or the amount of the regular earnings of such volunteer, coor-
dinator, instructor, or comparable officer, fire or ambulance district
officer or employee or call [fireman] FIREFIGHTER, or team member as the
case may be, in his OR HER regular vocation, plus any amount earned as
such a coordinator, instructor or comparable officer, or as such a fire
or ambulance district officer or employee or call [fireman] FIREFIGHTER
or team member, provided, however, that in no event shall the average
weekly wage be fixed at less than thirty dollars regardless of whether
or not such volunteer, coordinator, instructor or comparable officer or
fire or ambulance district officer or employee or call [fireman] FIRE-
FIGHTER or team member had gainful employment elsewhere at the time of
the injury.
§ 10. Group 17 of subdivision 1 of section 3 of the workers' compen-
sation law, as amended by chapter 470 of the laws of 1986, is amended to
read as follows:
Group 17. Any employment carried on by a municipal corporation or
other subdivision of the state and enumerated in the foregoing groups
one to fourteen, inclusive, and on and after July first, nineteen
hundred fifty-one, other such employment to the extent of authorized
services related to civil defense and performed by employees in the
course of employment or in relation thereto; and the sheriff and under-
sheriff of any county and the duly appointed regular deputies of the
sheriff, notwithstanding the definition of the term "employment" in
subdivision five of section two of this chapter; but employment in the
department of sanitation of the city of New York in the sanitation
service classification of the classified civil service of such city
shall not be within the coverage of this chapter. The activities of
civil defense volunteers who are auxiliary [firemen] FIREFIGHTERS and
members of rescue squads in authorized services while undergoing train-
ing or practice sponsored or authorized by a local office of civil
defense, as defined in the state defense emergency act, and on and after
July first, nineteen hundred fifty-three, the activities of all civil
defense volunteers who are personnel of such local office of civil
defense in authorized services during authorized participation in train-
S. 6542--A 6
ing and practice exercises held at the direction of or designated as
state training and practice exercises by the state civil defense commis-
sion pursuant to the provisions of section twenty-one, subdivision
three-f of the state defense emergency act, are hazardous employments
carried on by the municipal corporation or other subdivision of the
state that created the local office under the state defense emergency
act and such members of an auxiliary police organization located in a
municipal corporation which elected to include such persons within the
definition of "employee" as authorized by subdivision four of section
two of this chapter shall be deemed employees of the municipal corpo-
ration authorizing their services, and such members of rescue squads,
auxiliary [firemen] FIREFIGHTERS, and civil defense volunteers shall be
deemed employees of the municipal corporation or other subdivision of
the state for purposes of this chapter, provided, however, that each
such municipal corporation or other subdivision of the state or insur-
ance carrier shall in the first instance pay all awards of workers'
compensation, including medical benefits, provided by this chapter; and
such municipal corporation or other subdivision of the state or insur-
ance carrier shall be reimbursed by the comptroller of the state of New
York, periodically every six months, on vouchers certified by the state
civil defense commission, for one-half of all workers' compensation
benefits, including both cash and medical benefits, paid pursuant to
awards of the board, to the extent not previously reimbursed, paid for
injury or death of a civil defense volunteer caused by an accident that
arose out of and in the course of any such training and practice exer-
cise, held on and after July first, nineteen hundred fifty-three, at the
direction of or designated as a state training and practice exercise by
the state civil defense commission pursuant to the provisions of section
twenty-one, subdivision three-f of the state defense emergency act. A
town shall not be deemed to be the employer of the officers and employ-
ees of a fire district and shall not be liable for payment of compen-
sation to such officers or employees under any provision of this chap-
ter. A social services official, as defined in subdivision fourteen of
section two of the social services law, may accept or approve the
services of volunteer workers without salary, in accordance with the
regulations of the state department of social services, and such a
voluntary worker shall be deemed to be an employee of the social
services district in the unclassified service for the purpose of this
chapter.
§ 11. Section 19-c of the workers' compensation law, as added by chap-
ter 466 of the laws of 1978, is amended to read as follows:
§ 19-c. Actions against health services personnel; defense and indem-
nification. The provisions of section seventeen of the public officers
law shall apply to actions and proceedings, against physicians, nurses
and other employees of the board whose duties involve medical examina-
tions under this chapter and the volunteer [firemen's] FIREFIGHTERS'
benefit law or other health services, arising out of emergency medical
treatment given to board employees while at work or to claimants, their
attorneys, licensed representatives, witnesses, employers, their repre-
sentatives and representatives of carriers, while visiting the offices
of the board or the hearing points at which proceedings are conducted or
any other person properly on board premises.
§ 12. Section 30 of the workers' compensation law, as amended by chap-
ter 280 of the laws of 1963, is amended to read as follows:
§ 30. Revenues or benefits from other sources not to affect compen-
sation. No benefits, savings or insurance of the injured employee, inde-
S. 6542--A 7
pendent of the provisions of this chapter, shall be considered in deter-
mining the compensation or benefits to be paid under this chapter,
except that (1) in case of the death of an employee of the state, a
municipal corporation or any other political subdivision of the state,
any benefit payable under a pension system or any other statutory bene-
fit which is not sustained or provided for in whole or in part by the
contribution of the employee, may be applied toward the payment of the
death benefit provided by this chapter; (2) in case of an award of
compensation to a paid [fireman] FIREFIGHTER of a fire company or fire
department of a city of less than one million population, or town,
village or fire district any salary or wages paid to, or the cost of any
medical treatment and hospital care provided for, such paid [fireman]
FIREFIGHTER under and pursuant to the provisions of section two hundred
seven-a of the general municipal law shall be credited against any award
of compensation to such paid [fireman] FIREFIGHTER under this chapter
where the injury occurred or disablement arose on or after May first,
nineteen hundred fifty-one; and (3) in case of an award of compensation
to a member of a police force of any county, city of less than one
million population, town or village, or of any district, agency, board,
body or commission thereof, any salary or wages paid to, or the cost of
any medical treatment or hospital care provided for, such member under
and pursuant to the provisions of section two hundred seven-c of the
general municipal law shall be credited against any award of compen-
sation to such member under this chapter where the injury occurred or
the disablement arose on or after May first, nineteen hundred sixty-
three.
§ 13. Section 30 of the workers' compensation law, as amended by chap-
ter 628 of the laws of 1991, is amended to read as follows:
§ 30. Revenues or benefits from other sources not to affect compen-
sation. No benefits, savings or insurance of the injured employee, inde-
pendent of the provisions of this chapter, shall be considered in deter-
mining the compensation or benefits to be paid under this chapter,
except that (1) in case of the death of an employee of the state, a
municipal corporation, any other political subdivision of the state,
including for this purpose The Long Island Rail Road Company, any bene-
fit payable under a pension system or any other statutory benefit which
is not sustained or provided for in whole or in part by the contribution
of the employee, may be applied toward the payment of the death benefit
provided by this chapter; (2) in case of an award of compensation to a
paid [fireman] FIREFIGHTER of a fire company or fire department of a
city of less than one million population, or town, village or fire
district any salary or wages paid to, or the cost of any medical treat-
ment and hospital care provided for, such paid [fireman] FIREFIGHTER
under and pursuant to the provisions of section two hundred seven-a of
the general municipal law shall be credited against any award of compen-
sation to such paid [fireman] FIREFIGHTER under this chapter where the
injury occurred or disablement arose on or after May first, nineteen
hundred fifty-one; and (3) in case of an award of compensation to a
member of a police force of any county, city of less than one million
population, town or village, any district, agency, board, body or
commission thereof, or of The Long Island Rail Road Company, any salary
or wages paid to, or the cost of any medical treatment or hospital care
provided for, such member under and pursuant to the provisions of
section two hundred seven-c of the general municipal law shall be cred-
ited against any award of compensation to such member under this chapter
where the injury occurred or the disablement arose on or after May
S. 6542--A 8
first, nineteen hundred sixty-three, or in the case of The Long Island
Rail Road Company, on or after the date this section is effective with
respect to members of its police force.
§ 14. Subdivision 7 of section 60 of the workers' compensation law, as
amended by chapter 24 of the laws of 1988, is amended to read as
follows:
7. "Liability." The liability of a participant to pay compensation,
assessments and all other obligations imposed by or pursuant to this
chapter, the volunteer [firemen's] FIREFIGHTERS' benefit law, and the
volunteer ambulance workers' benefit law except as otherwise provided in
section sixty-one of this chapter.
§ 15. Subdivisions 3, 4 and 6 of section 61 of the workers' compen-
sation law, as amended by chapter 755 of the laws of 1965, are amended
to read as follows:
3. A local law establishing a plan pursuant to this article may,
notwithstanding the provisions of paragraph f of subdivision one of
section eleven of the municipal home rule law, provide that the
provisions of subdivision three of section sixty-three of this [chapter]
ARTICLE, as amended from time to time, shall not be applicable to the
plan in that county and, if such plan is established, the term "liabil-
ity", as used in this article, shall not include any compensation,
assessments or other obligations under the volunteer [firemen's] FIRE-
FIGHTERS' benefit law and the provisions of subdivision three of section
sixty-three of this [chapter] ARTICLE, as amended from time to time,
shall not be applicable in relation to such plan.
4. If a plan has been continued pursuant to this article, the board of
supervisors may, notwithstanding the provisions of paragraph f of subdi-
vision one of section eleven of the municipal home rule law, adopt a
local law on or before the first day of August in any year to provide
that the provisions of subdivision three of section sixty-three of this
[chapter] ARTICLE, as amended from time to time, shall not be applicable
to the plan in that county after the thirty-first day of December in
such year, except as to liabilities existing on such latter date, and,
if such a local law is adopted, the term "liability", as used in this
article, shall not include any compensation, assessments or other obli-
gations under the volunteer [firemen's] FIREFIGHTERS' benefit law, and
the provisions of subdivision three of section sixty-three of this
[chapter] ARTICLE shall not be applicable in relation to such plan,
after the thirty-first day of December in such year, except as to, and
in connection with, liabilities existing on such thirty-first day of
December.
6. Notwithstanding the provisions of paragraph f of subdivision one of
section eleven of the municipal home rule law, the board of supervisors
of a county may by local law amend the definition of "liability", as
defined in subdivision seven of section sixty of this [chapter] ARTICLE,
to exclude any liability under paragraph m of subdivision one of section
five of the volunteer [firemen's] FIREFIGHTERS' benefit law.
§ 16. The section heading and subdivisions 1, 8, 10, 11, 12, 13, 14,
15, 16, 17 and 18 of section 88 of the railroad law, the section heading
and subdivisions 8, 10, 11, 12, 13, 14, 15, 16 and 18 as amended by
chapter 247 of the laws of 1964, subdivision 1 as amended by chapter 136
of the laws of 1968, and subdivision 17 as amended by chapter 149 of the
laws of 1989, are amended to read as follows:
When railroads may designate [policemen] POLICE OFFICERS.
1. Upon the application of any corporation owning or operating a rail-
road, express company operating over a railroad, or of any steamboat
S. 6542--A 9
company, the superintendent of state police may appoint any person as a
[policeman] POLICE OFFICER, with all the powers of a [policeman] POLICE
OFFICER in cities and villages, for the preservation of order and of the
public peace, and the arrest of all persons committing offenses upon the
land of or upon property in the custody of or under the control of such
corporation, express company or steamboat company. [When the committed
offense would constitute a violation a summons in lieu of arrest may be
issued. In the city of New York such summonses shall be issued only in
accordance with the provisions of paragraph eight of section fifty-seven
of the New York city criminal court act and any rule or order of court
promulgated pursuant thereto.]
8. If any person who has not received the minimum police and/or
firearms training described in [the preceding two paragraphs] SUBDIVI-
SIONS SIX AND SEVEN of this section shall be appointed a [policeman]
POLICE OFFICER under this section, the corporation, express company or
steamboat company which made application for his OR HER employment shall
furnish the superintendent of state police, within six months of the
date of appointment, a certificate issued by an approved municipal
police council training school or its equivalent as previously described
in this section, certifying the successful completion by the appointee
of the minimum training required and/or shall certify to the superinten-
dent of state police within six months of the date of appointment that
the appointee has received adequate training in the use of firearms and
in the event such certificate and/or such certification are not
furnished the superintendent of state police within the time prescribed
herein, he OR SHE shall revoke the appointment.
10. No person shall be appointed who is not an American citizen, and
who has not, prior to the time of the filing of the application, filed
in the office of the department of state his OR HER written consent to
his OR HER appointment as such [policeman] POLICE OFFICER.
11. No conductor, brakeman, fireman, engineer or other person actively
engaged in the operation and movement of any train or car or set of cars
shall be eligible for appointment as a [policeman] POLICE OFFICER.
12. Each person designated to act as such [policeman] POLICE OFFICER
shall receive a license from the secretary of state and shall not be
permitted to enter upon his OR HER duties as such [policeman] POLICE
OFFICER until he OR SHE has actually received such license.
13. Every such [policeman] POLICE OFFICER shall when on duty wear a
metallic shield with the words "railroad police" or "steamboat police"
or "express police" as the case may be and the name of the corporation,
express company or steamboat company for which appointed inscribed ther-
eon, which shall always be worn in plain view, except when employed as a
detective.
14. A person appointed [policeman] POLICE OFFICER under this section
shall not, while the appointment is in force, be employed by or perform
any service for the corporation, express company, or steamboat company,
in any other capacity than that of [policeman] POLICE OFFICER and he OR
SHE shall not be permitted to exercise the duties or functions of a
[policeman] POLICE OFFICER except upon the property or in connection
with the property connected with or under the control of the corpo-
ration, express company, or steamboat company, for which he OR SHE has
been appointed.
15. The compensation of every such [policeman] POLICE OFFICER shall be
such as may be agreed upon between him OR HER and the corporation,
express company, or steamboat company, for which he OR SHE is appointed
S. 6542--A 10
and shall be paid by the corporation, express company, or steamboat
company.
16. When any such corporation, express company, or steamboat company,
shall no longer require the services of any [policeman] POLICE OFFICER
appointed under this section it shall file notice to that effect in the
office of the department of state, and thereupon such appointment shall
cease and be at an end.
17. The superintendent of state police may also at pleasure revoke or
suspend the appointment of any such [policeman] POLICE OFFICER by filing
a notice of suspension or revocation thereof in the office of the
department of state and mailing a notice of such filing to the corpo-
ration, express company or steamboat company for which he OR SHE was
appointed, and also to the person whose appointment is suspended or
revoked, at his OR HER last home address as the same appears in the
certificate of appointment or the latest statement thereof on file. An
appointment suspended by the superintendent may be restored by him OR
HER upon the filing of a restoration notice to the department of state,
the person suspended, and his OR HER employer.
18. If such person thereafter, knowing of such revocation or having in
any manner received notice thereof, exercises or attempts to exercise
any of the powers of a [policeman] POLICE OFFICER, under this section,
he OR SHE shall be guilty of a misdemeanor; and the filing and mailing
of such notice, as above provided, shall be presumptive evidence that
such person knew of the revocation.
§ 17. Subdivision (b) of section 870-m of the labor law, as amended by
chapter 643 of the laws of 1986, is amended to read as follows:
(b) This article shall not apply to the use of a viewing stand or tent
on any state or county fairgrounds or to the use of a viewing stand or
tent owned, leased or operated by any bona fide religious, charitable,
educational, fraternal, service, veteran or volunteer [firemen] FIRE-
FIGHTER organization; except that it shall apply to any private owner or
lessee who operates an amusement device, viewing stand or tent on a
state or county [fairgound] FAIRGROUND, or for or on behalf of such
organization.
§ 18. The opening paragraph of subdivision 4 of section 375 of the
vehicle and traffic law, as amended by chapter 592 of the laws of 1977,
is amended to read as follows:
No headlamp shall be used upon any motor vehicle except a motorcycle
operated upon the public highways of this state, unless such lamp is
approved by the commissioner or is equipped with a lens or other device
approved by the commissioner. Every such headlamp, lens or other device
shall be applied and adjusted in accordance with the requirements of the
certificate approving the use thereof. Every such headlamp shall be
firmly and substantially mounted on the motor vehicle in such manner as
to allow the lamp to be properly and readily adjusted. The operator of
every motor vehicle shall permit any [policeman,] police officer or
other person exercising police powers to inspect the equipment of such
motor vehicle, and make such tests as may be necessary to determine
whether the provisions of this section are being complied with.
§ 19. Subdivisions 2 and 3 of section 381 of the vehicle and traffic
law, subdivision 3 as amended by chapter 300 of the laws of 1960, are
amended to read as follows:
2. No head lamp shall be used upon any motorcycle operated upon the
public highways of the state, unless such lamp is approved by the
commissioner or is equipped with a lens or other device approved by the
commissioner. Every such head lamp, lens or other device shall be
S. 6542--A 11
applied and adjusted in accordance with the requirements of the certif-
icate approving the use thereof. Every such head lamp shall be firmly
and substantially mounted on the motorcycle in such manner as to allow
the lamp to be properly and readily adjusted. Each reflector which is
used as a part of such head lamp shall have a polished silver or glass
reflecting surface, or a reflecting surface which gives candle power
intensity meeting the requirements of rules and regulations established
by the commissioner, and shall be substantially free from dents, rust
and other imperfections. The operator of every motorcycle shall permit
any [policeman,] police officer or other person exercising police powers
to inspect the equipment of such motorcycle and make such tests as may
be necessary to determine whether the provisions of this section are
being complied with. The commissioner may make reasonable rules and
regulations relative to lights on motorcycles and the approval of the
same which may be necessary to effectuate the foregoing provisions of
this section.
3. Except as hereinafter provided, only a white or yellow light shall
be displayed upon a motorcycle so as to be visible from a point directly
in front of the vehicle. Any color light, except blue, may be displayed,
so as to be visible from a point directly in front of the vehicle, on a
police vehicle or on a motorcycle operated by a sheriff or regular depu-
ty sheriff when engaged in the performance of duty as a police officer.
Any color light, including blue, may be displayed, so as to be visible
from a point directly in front of the vehicle, on a motorcycle operated
by a chief or assistant chief of a fire department, a county or deputy
county fire coordinator, or a county or assistant county fire marshal. A
blue light may be displayed upon a motorcycle, so as to be visible from
a point directly in front of the vehicle, when operated by an active
volunteer member of a fire department or company duly authorized as
hereinafter provided, and while such vehicle is in use for fire or other
emergency service. No volunteer [fireman] FIREFIGHTER shall be permitted
to display a blue light upon a motorcycle as hereinbefore provided
except while actually enroute to the scene of a fire or other emergency
requiring his OR HER services and unless he OR SHE shall be an active
volunteer member of a fire department or company and shall have been
authorized in writing to so display a blue light by the chief of the
fire department or company of which he OR SHE is a member, which author-
ization shall be subject to revocation at any time by the chief who
issued the same, or his OR HER successor in office.
§ 20. Subdivision 2 of section 424 of the vehicle and traffic law, as
amended by chapter 114 of the laws of 1991, is amended to read as
follows:
2. Any [policeman] POLICE OFFICER, state trooper or peace officer
acting pursuant to his OR HER special duties shall have the power to
seize any motor vehicle or trailer in the state when there is good
reason to believe that such motor vehicle or trailer has been stolen.
Unless the vehicle is subject to the provisions of section four hundred
twenty-three-a of this article, the appropriate agency shall contact the
owner of such motor vehicle or trailer, if known, and, after any stolen
vehicle alarm resulting from such theft has been cancelled, release the
vehicle to such owner. If the owner thereof cannot be ascertained in
accordance with procedures established by regulations of the commission-
er, a local police agency shall dispose of such vehicle as an abandoned
vehicle pursuant to section twelve hundred twenty-four of this chapter,
and the state police shall hold such vehicle for, or deliver it to the
office of general services.
S. 6542--A 12
§ 21. Subdivision 14 of section 528 of the public authorities law, as
amended by chapter 1097 of the laws of 1971, is amended to read as
follows:
14. To appoint or designate one or more persons for the purpose of
enforcing law, order and the observance of the rules and regulations
established by the authority. Each person as and when so appointed or
designated may, during the term of such appointment or designation be
uniformed and shall be known as a "New York state bridge authority
patrolman" and shall be a police officer as defined by paragraph (e) of
subdivision thirty-four of section 1.20 of the criminal procedure law
and shall have, within the limits of the cities, towns and villages
within which any part of a bridge, or any ferry property, operated by
the authority shall be located, all the powers of a constable, marshal,
police constable or [policeman] POLICE OFFICER of a city, town or
village in the execution of criminal processes; and criminal process
issued by any court or magistrate of a county, town, city or village
within which any part of a bridge or any ferry property operated by the
authority shall be located, may be directed to and executed by any such
patrolman notwithstanding the provisions of any local or special act,
ordinance or regulation.
§ 22. Subdivision 16 of section 1204 of the public authorities law, as
separately amended by chapters 1024 and 1097 of the laws of 1971, is
amended to read as follows:
16. In its discretion to provide and maintain a transit police depart-
ment and a uniformed transit police force. Such department and force
shall have the power and it shall be their duty, in and about transit
facilities, to preserve the public peace, prevent crime, detect and
arrest offenders, suppress riots, mobs and insurrections, disperse
unlawful or dangerous assemblages and assemblages which obstruct free
passage; protect the rights of persons and property; guard the public
health; regulate, direct, control and restrict pedestrian traffic;
remove all nuisances; enforce and prevent violation of all laws and
ordinances; and for these purposes to arrest all persons guilty of
violating any law or ordinance. Appointments to such transit police
force shall be made in accordance with applicable provisions of the
civil service law and only persons who shall be less than twenty-nine
years of age at the date of the filing of an application for civil
service examination, who have never been convicted of a felony, and who
are citizens of the United States shall be appointed transit patrolmen
on the transit police force. Each member of such force shall be a police
officer as defined by paragraph (e) of subdivision thirty-four of
section 1.20 of the criminal procedure law and shall possess all the
powers of a [policeman] POLICE OFFICER of a city in the execution of
criminal process; and criminal process issued by any court or magistrate
of a city may be directed to and executed by a member of such force,
notwithstanding the provisions of any local or special act, ordinance or
regulation.
The authority may appoint a chief and a deputy chief of the transit
police department who, in the discretion of the authority, may be
selected from the ranks of the transit police force, and assign powers
and duties to them and fix their compensation. The chief shall be the
head of such department. During the absence or disability of the chief,
the deputy chief shall possess all the powers and perform all the duties
of the chief. The transit police force shall consist of captains, lieu-
tenants, sergeants[, patrolmen and policewomen] AND POLICE OFFICERS. The
authority may detail persons in the rank of captain of the transit
S. 6542--A 13
police force to serve in higher ranks. A captain when so detailed to
serve in a higher rank may be granted an increase in salary above the
grade established for the rank of captain in the uniformed force. The
authority may maintain a division for detective purposes to be known as
the detective division and may, from time to time, detail to service in
said division as many members of the force as it may deem necessary, and
may at any time revoke any such detail. Any member of the force while so
detailed may be granted an increase in salary above the grade estab-
lished for his OR HER rank in the uniformed force, but shall retain his
OR HER rank in the force and shall be eligible for promotion the same as
if serving in the uniformed force, and the time during which he OR SHE
serves in such division shall count for all purposes as if served in his
OR HER rank or grade in the uniformed force.
§ 23. Section 2851 of the public authorities law, as added by chapter
832 of the laws of 1958, the section heading as amended and such section
as renumbered by chapter 838 of the laws of 1983, is amended to read as
follows:
§ 2851. Age not to be bar to employment by public authorities. No
public authority shall hereafter prohibit, prevent, disqualify or
discriminate against any person applying for employment by, such author-
ity, who is physically and mentally qualified, or from competing,
participating or registering for a position, or be penalized in a final
rating for any position, by reason of his or her age. Any existing rule,
regulation, penalty or requirement resolution preventing the hiring of
persons because of age shall be void, except that nothing herein
contained, shall prevent any public authority from adopting reasonable
minimum or maximum age requirements for positions such as [policeman,
fireman] POLICE OFFICER, FIREFIGHTER, guard or other positions which
require extraordinary physical effort except where age limits for such
positions are already prescribed by law.
Notwithstanding any provisions to the contrary, no person who is phys-
ically or mentally qualified may be disqualified from, competing,
participating or registering for a promotional examination or be penal-
ized in a final rating or barred from promotion after having passed such
promotion examination by reason of his or her age, by any public author-
ity.
§ 24. The opening paragraph of subdivision 5 of section 402 of the
public housing law, as amended by chapter 875 of the laws of 1990, is
amended to read as follows:
Notwithstanding any provisions to the contrary contained in this chap-
ter, or any general, special or local law, the New York city housing
authority shall have the power in its discretion to provide and maintain
a housing police department and a uniformed housing police force. Such
department and force shall have the power and it shall be their duty, in
and about housing facilities, to preserve the public peace, prevent
crime, detect and arrest offenders, suppress riots, mobs and insurrec-
tions, disperse unlawful or dangerous assemblages and assemblages which
obstruct free passage; protect the rights of persons and property; guard
the public health; remove all nuisances; enforce and prevent violation
of all laws and ordinances; and for these purposes to arrest all persons
guilty of violating any law or ordinance and shall provide for the
performance, without unnecessary delay, of all recording, fingerprint-
ing, photographing and other preliminary police duties. Appointments to
such housing police force shall be made in accordance with applicable
provisions of the civil service law and only persons who have never been
convicted of a felony, and who are citizens of the United States shall
S. 6542--A 14
be appointed housing [patrolmen] PATROL OFFICERS on the housing police
force. Each member of such force shall be a police officer as defined by
paragraph (e) of subdivision thirty-four of section 1.20 of the criminal
procedure law and, while on duty, shall possess all the powers of a
[policeman] POLICE OFFICER of a city in the execution of criminal proc-
ess; and criminal process issued by any court or magistrate of a city
may be directed to and executed by a member of such force.
§ 25. Section 376 of the public health law is amended to read as
follows:
§ 376. Certain cities; enforcement. The head of the police department
shall whenever requested in writing by the commissioner of health or
health officer in cities having a population of less than one hundred
seventy-five thousand, with the approval of the mayor, detail such
number of regular [policemen] POLICE OFFICERS as shall be specified in
such request who shall while so detailed serve under the direction of
the commissioner of health or health officer.
§ 26. Section 455 of the public health law, as amended by chapter 843
of the laws of 1980, is amended to read as follows:
§ 455. Hospitals; special [policemen] POLICE OFFICERS; powers and
duties. 1. The director of each hospital in the department may designate
attendants or other employees to act as special [policemen] POLICE OFFI-
CERS whose duty it shall be under the orders of the director to protect
the grounds, buildings and patients of the hospital and to eject there-
from disorderly persons. Such attendants and employees, acting as
special [policemen] POLICE OFFICERS, shall possess all the powers of
peace officers, as set forth in section 2.20 of the criminal procedure
law, on the grounds and premises.
2. The designation of such attendants and employees as special
[policemen] POLICE OFFICERS in pursuance hereof, shall not be deemed to
supersede, on the grounds and premises of such hospital, the authority
of peace or police officers of the jurisdiction within which such hospi-
tal is located.
§ 27. Subdivisions 1 and 4 of section 6-j of the general municipal
law, as amended by chapter 340 of the laws of 1973, are amended to read
as follows:
1. The governing board of any municipal corporation, school district
or fire district, which is, or shall hereafter become a self-insurer
under the provisions of SUBDIVISION FOUR OF section fifty[, subdivision
four] of the [workmen's] WORKERS' compensation law or section thirty of
the volunteer [firemen's] FIREFIGHTERS' benefit law may establish a
reserve fund to be known as the [workmen's] WORKERS' compensation
reserve fund of such municipal corporation, school district or fire
district.
4. An expenditure shall be made from such fund only for the payment of
compensation and benefits, medical, hospital or other expense authorized
by article two of the [workmen's] WORKERS' compensation law and by the
volunteer [firemen's] FIREFIGHTERS' benefit law and expenses of adminis-
tering the self-insurance program for such municipal corporation, school
district or fire district.
§ 28. Section 50-c of the general municipal law, as amended by chapter
673 of the laws of 1979, is amended to read as follows:
§ 50-c. Liability for negligent operation of certain vehicles in the
performance of duty by [policemen] POLICE OFFICERS and paid [firemen]
FIREFIGHTERS. 1. Every city, town, village and fire district, notwith-
standing any inconsistent provision of law, general, special or local or
the limitation contained in the provisions of any city charter, shall be
S. 6542--A 15
liable for, and shall assume the liability to the extent that it shall
save harmless any duly appointed [policeman] POLICE OFFICERS of the
municipality or any duly appointed paid [fireman] FIREFIGHTERS of the
municipality or fire district for, the negligence of such appointee in
the operation of a vehicle upon the public streets or highways of the
municipality or fire district in the discharge of a statutory duty
imposed upon such appointee or municipality or fire district, provided
the appointee at the time of the accident, injury or damages complained
of, was acting in the performance of his OR HER duties and within the
scope of his OR HER employment.
A [policeman] POLICE OFFICER of a municipality or a paid [fireman]
FIREFIGHTER of a municipality or fire district, although excused from
official duty at the time, for the purposes of this section, shall be
deemed to be acting in the discharge of duty when engaged in the immedi-
ate and actual performance of a public duty imposed by law and such
public duty performed was for the benefit of all the citizens of the
community and the municipality or fire district derived no special bene-
fit in its corporate capacity.
No action or special proceeding instituted pursuant to the provisions
of THIS SECTION OR section fifty-b [or fifty-c] of this [chapter] ARTI-
CLE, shall be prosecuted or maintained against the municipality, fire
district or appointee, unless notice of claim shall have been made and
served in compliance with section fifty-e of this [chapter] ARTICLE.
Every such action shall be commenced pursuant to the provisions of
section fifty-i of this [chapter] ARTICLE.
2. The provisions of this section shall not apply to the city of New
York.
§ 29. Subdivision 1 of section 50-i of the general municipal law, as
amended by chapter 24 of the laws of 2013, is amended to read as
follows:
1. No action or special proceeding shall be prosecuted or maintained
against a city, county, town, village, fire district or school district
for personal injury, wrongful death or damage to real or personal prop-
erty alleged to have been sustained by reason of the negligence or
wrongful act of such city, county, town, village, fire district or
school district or of any officer, agent or employee thereof, including
volunteer [firemen] FIREFIGHTERS of any such city, county, town,
village, fire district or school district or any volunteer [fireman]
FIREFIGHTER whose services have been accepted pursuant to the
provisions of section two hundred nine-i of this chapter, unless, (a) a
notice of claim shall have been made and served upon the city, county,
town, village, fire district or school district in compliance with
section fifty-e of this article, (b) it shall appear by and as an alle-
gation in the complaint or moving papers that at least thirty days have
elapsed since the service of such notice, or if service of the notice of
claim is made by service upon the secretary of state pursuant to section
fifty-three of this article, that at least forty days have elapsed since
the service of such notice, and that adjustment or payment thereof has
been neglected or refused, and (c) the action or special proceeding
shall be commenced within one year and ninety days after the happening
of the event upon which the claim is based; except that wrongful death
actions shall be commenced within two years after the happening of the
death.
§ 30. The section heading and subdivision 1 of section 77 of the
general municipal law, the section heading as amended by chapter 1013 of
S. 6542--A 16
the laws of 1969, and subdivision 1 as amended by chapter 400 of the
laws of 2015, are amended to read as follows:
Leases of public buildings to posts of veteran organizations, organ-
izations of volunteer [firemen] FIREFIGHTERS, and child care agencies.
1. A municipal corporation may lease, for not exceeding five years, to
a post or posts of the Grand Army of the Republic, Veterans of Foreign
Wars of the United States, American Legion, Catholic War Veterans, Inc.,
Disabled American Veterans, the Army and Navy Union, U.S.A., Marine
Corps League, AMVETS, American Veterans of World War II, Jewish War
Veterans of the United States, Inc., Italian American War Veterans of
the United States, Incorporated, Masonic War Veterans of the State of
New York, Inc., Veterans of World War I of the United States of America
Department of New York, Inc., Polish-American Veterans of World War II,
Amsterdam, N.Y., Inc., Polish-American Veterans of World War II, Sche-
nectady, N.Y., Inc., Polish Legion of American Veterans, Inc., Vietnam
Veterans of America or other veteran organization of honorably
discharged members of the armed forces of the United States or to an
incorporated organization or an association of either active or exempt
volunteer [firemen] FIREFIGHTERS, a public building or part thereof,
belonging to such municipal corporation, except schoolhouses in actual
use as such, without expense, or at a nominal rent, fixed by the board
or council having charge of such buildings and provide furniture and
furnishings, and heat, light and janitor service therefor, in like
manner.
§ 31. Paragraph (c) of subdivision 1 of section 77-b of the general
municipal law, as added by chapter 413 of the laws of 1974, is amended
to read as follows:
(c) Conference. A convention, conference, or school conducted for the
betterment of any municipality or a convention or conference of [fire-
men] FIREFIGHTERS or firemanic officers if believed to be of benefit to
the municipality.
§ 32. Subdivision 2 of section 93 of the general municipal law, as
amended by chapter 58 of the laws of 1996, is amended to read as
follows:
2. A municipal corporation, including a fire district, or town
improvement district governed by a separate board of commissioners, if a
group plan of life insurance provides that the employer shall contribute
a share of the cost of such insurance for its officers and employees, or
for the officers or employees of an agency or instrumentality thereof,
is authorized to appropriate a sum required to be paid under such plan
by the municipal corporation as employer. The sum to be paid by it under
such plan, in the discretion of the municipal corporation, may be any
percentage of the total cost, including the whole thereof. For the
purposes of this section, the term employee shall include the volunteer
[firemen] FIREFIGHTERS of the municipality or fire district or employ-
ees, commissioners, or officers of a town improvement district governed
by a separate board of commissioners.
§ 33. Paragraphs b and c of subdivision 2 of section 100 of the gener-
al municipal law, paragraph b as amended by chapter 176 of the laws of
1973, and paragraph c as amended by chapter 104 of the laws of 1960, are
amended to read as follows:
b. A fire corporation the members of which are volunteer [firemen]
FIREFIGHTERS and which was incorporated under or is subject to the
provisions of section fourteen hundred two of the not-for-profit corpo-
ration law, which is not included within paragraph a above, if such
corporation is by law under the general control of, or recognized as a
S. 6542--A 17
fire corporation by, the governing board of a city, town, village or
fire district, or
c. A fire corporation the members of which are volunteer [firemen]
FIREFIGHTERS and which was incorporated under, or established pursuant
to the provisions of, any general or special law, which is not included
within paragraphs a and b above, if such corporation is by law under the
general control of, or recognized as a fire corporation by, the govern-
ing board of a city, town, village, fire district or a district corpo-
ration other than a fire district.
§ 34. The opening paragraph of section 121-a of the general municipal
law, as amended by chapter 597 of the laws of 1961, is amended to read
as follows:
Notwithstanding the provisions of any law, general or special, the
town board or boards of a town or towns in the same county and the board
or boards of trustees of an incorporated village or villages located
wholly within such town or towns, may, upon the adoption of propositions
therefor duly submitted in such town or towns and village or villages,
determine to create a joint town and village police department for such
town or towns and village or villages. The proposition to be submitted
in such village or villages may be submitted at a general or special
election of each village and the proposition to be submitted in such
town or towns may be submitted at a general or special election of each
town. Upon the adoption of a proposition therefor as herein provided,
the town board or boards and the board or boards of trustees of the
village or villages shall meet in joint session, at a time and place to
be determined by agreement of such boards, and organize such joint
police department and establish rules and regulations governing the
same. Such boards shall at such meeting, by a majority vote, appoint a
chief of police for such joint police department. Such chief of police
shall be a resident of the area covered by such joint department and be
subject to the control, direction and supervision of such joint boards.
Such chief of police shall be appointed for a term of office of three
years, and shall receive such compensation as the town and village
boards at joint session may determine. A chief of police may be removed
by joint action of the town and village boards upon written charges for
malfeasance or misfeasance in office. Such charges shall be filed in
duplicate in the offices of the town and village clerks and a copy ther-
eof served personally on the chief of police. The town and village
boards shall, in joint session, designate a time and place for a hearing
upon such charges and cause notice of such hearing to be served
personally upon the chief of police at least five days before the day
set for the hearing. The town and village boards shall hear the evidence
in support and in defense of such charges and by majority vote make an
order sustaining or dismissing the charges. An order sustaining the
charges shall operate as a removal and the town and village boards shall
thereupon appoint another person to fill the vacancy. The person so
appointed shall hold office for the balance of the unexpired term or
until the entry of a final order by a court of competent jurisdiction
determining that the chief of police was wrongfully or unlawfully
removed. An appeal to the county court may be taken by the chief of
police removed within thirty days after personal service of a copy of
such order of removal. The county court shall consider the charges
presented and review the evidence taken before such joint board. It may
hear additional evidence and shall make such determination as justice
requires. A copy of such order shall be filed in the offices of the town
and village clerks. An order by the county court determining the charges
S. 6542--A 18
shall, upon such filing, act as the reinstatement of the person removed.
The board or boards of trustees of each village shall appoint village
[policemen] POLICE OFFICERS for service inside the area covered by such
joint department, and the town board or boards shall appoint town
[policemen] POLICE OFFICERS for service inside the area covered by such
joint department. Such town and village [policemen] POLICE OFFICERS
shall be appointed for such terms of office and receive such compen-
sation as the town or village board may determine. The expense of
village [policemen] POLICE OFFICERS, chargeable by law to a village
shall be a charge against the village employing them, and the expense of
the town [policemen] POLICE OFFICERS chargeable by law to a town, shall
be a charge against real property in the town employing them situated
outside of such participating village or villages. The salary of the
chief of police and other expenses of the department, except compen-
sation of village and town [policemen] POLICE OFFICERS, shall be appor-
tioned between the village or villages and the town or towns by such
boards in joint session. The portion of such expense to be borne by a
town shall be a charge in that portion of the town situated outside of
such participating village or villages and the portion to be borne by a
village a village charge. Upon the creation of a joint town and village
police department as herein provided, the term of office of all town
constables heretofore elected in such town or towns shall terminate and
thereafter no constables shall be elected in any such town, unless and
until such police department is abolished as hereinafter provided. A
joint police department established as provided by this section may be
abolished upon the adoption of a proposition duly submitted at a general
or special village or town election to take effect on January first
succeeding the next general election at which town officers are elected.
§ 35. Subdivision 4 of section 186 of the general municipal law,
subdivision 4 as amended by chapter 574 of the laws of 1978, is amended
to read as follows:
4. "Authorized organization" shall mean and include any bona fide
religious or charitable organization or bona fide educational, fraternal
or service organization or bona fide organization of veterans or volun-
teer [firemen] FIREFIGHTERS, which by its charter, certificate of incor-
poration, constitution, or act of the legislature, shall have among its
dominant purposes one or more of the lawful purposes as defined in this
article, provided that each shall operate without profit to its members,
and provided that each such organization has engaged in serving one or
more of the lawful purposes as defined in this article for a period of
three years [immediatley] IMMEDIATELY prior to applying for a license
under this article.
No organization shall be deemed an authorized organization which is
formed primarily for the purpose of conducting games of chance and which
does not devote at least seventy-five percent of its activities to other
than conducting games of chance. No political party shall be deemed an
authorized organization.
§ 36. The article heading of article 10 of the general municipal law
is amended to read as follows:
[FIREMEN] FIREFIGHTERS AND [POLICEMEN] POLICE
OFFICERS
§ 37. Section 200 of the general municipal law, as amended by chapter
954 of the laws of 1976, is amended to read as follows:
§ 200. Defining qualifications of exempt volunteer [firemen] FIRE-
FIGHTERS. An exempt volunteer [fireman] FIREFIGHTER is hereby declared
to be a person who as a member of a volunteer fire company duly organ-
S. 6542--A 19
ized under the laws of the state of New York shall have at any time
after attaining the age of eighteen years faithfully actually performed
service in the protection of life and property from fire within the
territory immediately protected by the company of which he OR SHE is a
member, and while a bona fide resident therein, for a period of five
years, as provided in this article, or, if such company shall have been
sooner disbanded upon the organization of a paid fire department, for a
period of at least one year and shall also have been a member of such
volunteer fire company at the time it shall have been disbanded; but the
limitation of one year's service shall not apply to a volunteer [fire-
man] FIREFIGHTER who was a member of a fire company which was disbanded
prior to January first, nineteen hundred two. The foregoing residence
requirements shall not apply (1) to a volunteer [fireman] FIREFIGHTER
who has been duly elected to membership in his OR HER fire company as a
non-resident member residing in territory which is afforded fire
protection by his OR HER fire company pursuant to a contract for fire
protection, as authorized by paragraph three of subdivision c of section
fourteen hundred two of the not-for-profit corporation law or by subdi-
visions two and three of either section 10-1006 of the village law,
section one hundred seventy-six-b of the town law or section sixteen-a
of the general city law, (2) to a volunteer [fireman] FIREFIGHTER whose
membership has been duly continued in his OR HER fire company as author-
ized by paragraph three of subdivision c of section fourteen hundred two
of the not-for-profit corporation law or by subdivision five of either
section 10-1006 of the village law, section one hundred seventy-six-b of
the town law or section sixteen-a of the general city law and (3) to a
volunteer [fireman] FIREFIGHTER who has been duly elected to membership
as a non-resident as authorized by paragraph three of subdivision c of
section fourteen hundred two of the not-for-profit corporation law or by
subdivision six of either section 10-1006 of the village law, section
one hundred seventy-six-b of the town law or section sixteen-a of the
general city law. The foregoing requirement of five years' service shall
not apply to a volunteer [fireman] FIREFIGHTER serving as such at the
time of his OR HER entry into the military service of the United States
or of one of its allies in world war II, or during the period of hostil-
ities as defined in subparagraph three or subparagraph four of paragraph
(c) of subdivision one of section eighty-five of the civil service law,
who, as a result of such military service, shall have become incapaci-
tated for performing the full duties of a volunteer [fireman] FIREFIGHT-
ER, or to a volunteer [fireman] FIREFIGHTER who, as the result of the
performance of his OR HER duties as such, shall have become likewise
incapacitated, but any such volunteer [fireman] FIREFIGHTER shall be an
exempt volunteer [fireman] FIREFIGHTER even though he OR SHE may have
served as such for a lesser period than five years, and he OR SHE shall
be entitled to a certificate as provided in section two hundred two of
this [chapter] ARTICLE which, in addition to the specifications
contained in said section, shall set forth the facts in reference to his
OR HER military service, if any, as aforesaid and that as a result of
such military service, or as the result of service as a volunteer [fire-
man] FIREFIGHTER, he OR SHE was incapacitated for performing the full
duties of a volunteer [fireman] FIREFIGHTER. The term "military
service" as used in this section shall mean the same as the term "mili-
tary duty" as used in section two hundred forty-three of the military
law, except that it shall relate to service for an ally of the United
States in world war II as well as to service for the United States.
S. 6542--A 20
§ 38. Section 200-a of the general municipal law, as amended by chap-
ter 295 of the laws of 1937, is amended to read as follows:
§ 200-a. Volunteer [firemen] FIREFIGHTERS serving in more than one
fire company or fire department. When any person has served as a volun-
teer [fireman] FIREFIGHTER as provided in section two hundred of this
[chapter] ARTICLE, for less than five years, and while in good standing
in the company or department of which he OR SHE was a member, has
resigned therefrom or has been transferred from one company to another,
he OR SHE shall be entitled to a certificate as provided in section two
hundred two of this [chapter] ARTICLE for the time he OR SHE has actual-
ly served. And when any person has served five years as a volunteer
[fireman] FIREFIGHTER in one or more companies or departments, as
provided in section two hundred of this [chapter] ARTICLE, he OR SHE
shall be deemed an exempt volunteer [fireman] FIREFIGHTER and entitled
to all the rights and privileges of an exempt volunteer [fireman] FIRE-
FIGHTER.
§ 39. The section heading and subdivision 2 of section 200-b of the
general municipal law, the section heading as amended by chapter 543 of
the laws of 1966, and subdivision 2 as amended by chapter 461 of the
laws of 1955, are amended to read as follows:
Leaves of absence for volunteer [firemen] FIREFIGHTERS entering the
armed forces of the United States prior to July first, nineteen hundred
sixty-six.
2. During the period of any such leave of absence the fire company or
department may enroll another person as a member to take the place of
the volunteer [fireman] FIREFIGHTER on such active duty. Any person so
enrolled may continue as a member of the company or department until he
OR SHE shall have served the time necessary to qualify him OR HER as an
exempt volunteer [fireman] FIREFIGHTER, even though the person whose
place he OR SHE took may have resumed his OR HER duties as a volunteer
[fireman] FIREFIGHTER.
§ 40. The section heading and subdivision 2 of section 200-c of the
general municipal law, as added by chapter 543 of the laws of 1966, are
amended to read as follows:
Leaves of absence for volunteer [firemen] FIREFIGHTERS entering the
armed forces of the United States on or after July first, nineteen
hundred sixty-six.
2. During the period of any such leave of absence the fire company may
elect to membership another person meeting the membership requirements
of the fire company to take the place of the volunteer [fireman] FIRE-
FIGHTER on such active duty. Any person so elected to membership may
continue as a member of the fire company even though the person whose
place he OR SHE took may have resumed his OR HER duties as a volunteer
member of such fire company, unless his OR HER membership shall termi-
nate as provided by law when he OR SHE shall no longer meet the resi-
dence requirements for members of such fire company.
§ 41. Section 201 of the general municipal law, as amended by chapter
919 of the laws of 1958, is amended to read as follows:
§ 201. Rights and privileges of exempt volunteer [firemen] FIREFIGHT-
ERS. In case any city, town or village in this state shall organize a
paid fire department and thereby deprive any volunteer [fireman] FIRE-
FIGHTER who has faithfully actually performed service in the protection
of life and property within the territory protected by his OR HER compa-
ny of the right to serve a full term of five years such [fireman] FIRE-
FIGHTER shall be entitled to a full and honorable discharge; and to all
the rights and privileges granted by the laws of this state to volunteer
S. 6542--A 21
[firemen] FIREFIGHTER, provided, however, that if such paid department
has been organized since the first day of January in the year nineteen
hundred and two, he OR SHE shall have so served for a consecutive period
of at least one year immediately preceding the installation of said paid
fire department.
§ 42. Section 202 of the general municipal law, as amended by chapter
919 of the laws of 1958, is amended to read as follows:
§ 202. Certificate to be issued to exempt volunteer [firemen] FIRE-
FIGHTER. Any person described in sections two hundred or two hundred one
of this [chapter] ARTICLE shall be entitled to a certificate from the
company in which he OR SHE served or of which he OR SHE was a member at
the time of its disbandment which shall show the date of the entrance of
such [fireman] FIREFIGHTER upon his OR HER service, the period of his OR
HER service; if he OR SHE was honorably discharged from such company the
certificate shall so state; that he OR SHE was in good standing in his
OR HER company at the time of applying for such certificate or at the
time he OR SHE was discharged therefrom; or that he OR SHE was in good
standing in his OR HER company at the time of the disbandment thereof.
Such certificate shall be signed by the president, captain, foreman or
secretary of the company and shall be acknowledged by such officers
before an officer commissioned to take acknowledgments, and shall also
have attached thereto a certificate attested by the affidavit of the
secretary, clerk or other person having the custody of the company's
record of membership, that the statements of fact contained in said
certificate are true, and the affidavit and acknowledgment shall be
substantially in the following form:
State of New York )
) ss.
County of ............ )
On this ............ day of ........... , in the year ........... ,
before me personally came ......................... , to me known and by
me known to be the same persons described in and who executed the fore-
going certificate and they severally duly acknowledged to me that they
executed the same and the said .............................. being by
me duly sworn, deposes and says, that [he] HE/SHE is .................
of the company aforesaid and is the custodian of the records of its
membership and that the facts above stated relating to the service of
the person described in such certificate are true.
...................................
Notary Public
Such certificate so attested shall in all courts of the state and in
the offices of all persons clothed with power of appointment or removal
in the service of this state and in the several cities, counties, towns
and villages thereof, be presumptive evidence of the facts therein stat-
ed.
§ 43. Section 202-a of the general municipal law, as added by chapter
313 of the laws of 1951, is amended to read as follows:
§ 202-a. Recording certificates of exempt volunteer [firemen] FIRE-
FIGHTER. A certificate of honorable discharge of an exempt volunteer
[fireman] FIREFIGHTER, or a certificate issued to an exempt volunteer
[fireman] FIREFIGHTER under the provisions of section two hundred two of
this [chapter] ARTICLE, may be recorded in any county, in the office of
S. 6542--A 22
the county clerk, and when so recorded shall constitute notice to all
public officials of the facts set forth therein. It shall be the duty of
the county clerk to record any such certificate, upon presentation ther-
eof without the payment of any fee. This section also applies to the
counties within the city of New York. For any purpose for which such
original honorable discharge or such exempt volunteer [fireman's] FIRE-
FIGHTER'S certificate may be required in the state of New York, a certi-
fied copy of such record shall be deemed sufficient and shall be
accepted in lieu thereof. It shall be the duty of the county clerks of
the counties within the city of New York upon the payment of one dollar,
to furnish a certified copy of any such record of such an exempt volun-
teer [fireman's] FIREFIGHTER'S certificate to any person applying for
the same.
§ 44. The section heading of section 203 of the general municipal law
is amended to read as follows:
List of exempt volunteer [firemen] FIREFIGHTERS to be filed.
§ 45. Section 204 of the general municipal law is amended to read as
follows:
§ 204. Qualifications necessary to entitle to certain exemptions. No
person who became a member of a volunteer fire organization within the
state since the first day of January nineteen hundred and two, or who
shall have thereafter become such member who shall not possess the qual-
ifications prescribed by this article shall be entitled to any of the
exemptions and privileges secured to volunteer [firemen] FIREFIGHTERS by
the civil service law of this state.
§ 46. Section 204-a of the general municipal law, as added by chapter
965 of the laws of 1961 and paragraph (b) of subdivision 1 as amended by
chapter 680 of the laws of 1967, is amended to read as follows:
§ 204-a. Raising of funds for fire company purposes. 1. Definitions.
As used in this section:
a. "Fire company" means:
(1) A volunteer fire company of a county, city, town, village or fire
district fire department, whether or not any such company has been
incorporated under any general or special law,
(2) A fire corporation the members of which are volunteer [firemen]
FIREFIGHTERS and [which] was incorporated [under or is subject to the
provisions of article ten of the membership corporations law], AND which
is not included within subparagraph (1) [above] OF THIS PARAGRAPH, if
such corporation is by law under the general control of, or recognized
as a fire corporation by, the governing board of a city, town, village
or fire district, or
(3) A fire corporation the members of which are volunteer [firemen]
FIREFIGHTERS and which was incorporated under, or established pursuant
to the provisions of, any general or special law, which is not included
within [subparagraphs (2) and (3) above] THIS SUBPARAGRAPH AND SUBPARA-
GRAPH (2) OF THIS PARAGRAPH, if such corporation is by law under the
general control of, or recognized as a fire corporation by, the govern-
ing board of a city, town, village, fire district or a district corpo-
ration other than a fire district.
b. "Fund raising activity" means a method of raising funds to effectu-
ate the lawful purposes of a fire company, but shall not include any
method prohibited by the state constitution or the penal statutes of
this state, public fireworks displays unless conducted in compliance
with section 405.00 of the penal law, or the conduct of a business or
other commercial enterprise except on temporary basis for a period or
periods not to exceed a total of ninety days in any calendar year. Such
S. 6542--A 23
term "fund raising activity" shall not include drills, parades,
inspections, reviews, competitive tournaments, contests or public exhi-
bitions, described in paragraphs e and i of subdivision one of section
five of the volunteer [firemen's] FIREFIGHTERS' benefit law, even though
prizes are awarded at such events.
c. "Governing board of the political subdivision" means the governing
board of the county, city, town, village, fire district or other
district corporation, as the case may be, where the fire company is
under the general control of, or recognized as a fire corporation, by
such governing board.
2. Subject to the provisions of this section, a fire company may
engage in a fund raising activity. Two or more fire companies may join
in any such activity, and for the purposes of this section such group
shall be deemed a "fire company."
3. A fund raising activity shall not be conducted contrary to the
by-laws, rules or regulations of the fire company or of the fire depart-
ment of which it is a part.
4. A fund raising activity must be conducted within the state of New
York. It shall be under the exclusive auspices of a fire company and
shall not be conducted in partnership with any other person, organiza-
tion, firm or corporation. This subdivision shall not be deemed to
prohibit the letting of concessions, or the entering into of contracts
for rides or other attractions, at such activities, or the acceptance of
aid and assistance of persons who are not active members of the fire
company, or of other organizations, firms or corporations, in connection
with such activities. The acceptance of such aid and assistance shall
not subject the political subdivision to any liability as an employer
under the volunteer [firemen's] FIREFIGHTERS' benefit law, section two
hundred seven-a of [the general municipal law] THIS ARTICLE, the [work-
men's] WORKERS' compensation law, or any other comparable law.
5. The firehouse, firehouse grounds, fire vehicles and apparatus, or
other property, real and personal, generally used by the fire company
for its purposes may be used by it in the conduct of any such activity.
6. The governing board of a political subdivision may, by resolution,
(a) prohibit the fire company from engaging in fund raising activities
or in any general or specific type of fund raising activity,
(b) require the fire company, at its expense, to provide any insurance
protection which such governing board deems necessary to protect the
political subdivision against claims and actions for damages by third
parties arising out of or in connection with a fund raising activity.
7. Participation by volunteer [firemen] FIREFIGHTERS in fund raising
activities shall not be deemed to constitute "duty as volunteer [fire-
men] FIREFIGHTERS" within the meaning of section two hundred five-b of
this [chapter] ARTICLE.
8. Notwithstanding the foregoing provisions of this section, the
provisions of this subdivision shall be applicable only in relation to
fund raising activities for which benefits would be paid and provided
pursuant to paragraph m of subdivision one of section five of the volun-
teer [firemen's] FIREFIGHTERS' benefit law:
(a) Before engaging in a fund raising activity the fire company shall
cause the governing board of the political subdivision to be notified in
writing that it proposes to conduct such activity. Any such notice shall
contain a general description of the method which will be used to raise
funds and shall specify the time or times when, the place or places
where, and the period or periods during which the activity will be
conducted and shall set forth the names of the [firemen] FIREFIGHTERS
S. 6542--A 24
who will serve on each of the committees or subcommittees in connection
with the activity. Any such notice shall be filed with the clerk,
secretary or other comparable officer of such governing board. In the
event that no action is taken by such governing board prohibiting such
activity within thirty days after the filing of such notice, then it
shall be deemed that the governing board has no objection to such activ-
ity and the fire company may proceed to conduct the same.
(b) Sales of tickets for admission to or in [conection] CONNECTION
with a fund raising activity shall be by persons appointed as a commit-
tee for such purpose and shall be for or in relation to a fund raising
activity to be held within sixty days after the sale of the tickets
commences.
(c) Members of the fire company conducting the fund raising activity
who attend or participate in the activity for their own pleasure or
convenience, and not as a worker in connection therewith, shall not be
deemed to be engaged in the conduct of such activity.
§ 47. Subdivision 6 of section 204-b of the general municipal law, as
added by chapter 386 of the laws of 1978, is amended to read as follows:
6. Participants in such programs shall not be eligible for any benefit
provided by the volunteer [firemen's] FIREFIGHTERS' benefit law.
§ 48. Section 205 of the general municipal law, as amended by chapter
852 of the laws of 1953, the subdivision third as amended by chapter 115
of the laws of 1954, the opening paragraph of the subdivision third as
amended by chapter 438 of the laws of 1956, and the subdivision sixth as
added by chapter 699 of the laws of 1956, is amended to read as follows:
§ 205. Payments to injured or representatives of deceased volunteer
[firemen] FIREFIGHTERS. [First] 1. If an active member of a volunteer
fire company in any city, incorporated village or in any fire district
of a town outside of an incorporated village or in any part of a town
protected by a volunteer fire company incorporated under the provisions
of the membership corporations law, or if an active member of any duly
organized volunteer fire company, dies from injuries incurred while in
the performance of his OR HER duties as such [fireman] FIREFIGHTER or as
a member of a fire department emergency relief squad, a fire police
squad or a fire patrol within one year thereafter, the city, village,
fire district or town which is responsible as provided in subdivision
[fourth] FOUR of this section shall pay as follows:
a. If such volunteer [fireman] FIREFIGHTER is a member of a volunteer
fire company located in any city in which a pension fund is maintained,
the relatives of such volunteer [fireman] FIREFIGHTER shall be entitled
to a pension in the same manner and at the same rates as if he OR SHE
were a member of the paid fire department of such city.
b. If in any other place the sum of three thousand dollars shall be
paid to the widow OR WIDOWER of such deceased volunteer [fireman] FIRE-
FIGHTER or to the executor or administrator of his OR HER estate if he
OR SHE is not survived by a widow OR WIDOWER. In addition there shall be
paid to the widow OR WIDOWER of such volunteer [fireman] FIREFIGHTER for
the benefit of such child or children the sum of twenty-five dollars a
month for each surviving child, including a posthumous child, of such
deceased [fireman] FIREFIGHTER under the age of eighteen years, but not
more than a total of fifty dollars a month for all such children, or if
the decedent be not survived by a widow OR WIDOWER, or if HE OR she dies
before the payments cease, then such payments for a child or children
shall be made to their guardian or to relatives with whom they are
living for their benefit.
S. 6542--A 25
[Second] 2. Any such volunteer [fireman] FIREFIGHTER who shall become
permanently incapacitated for performing the full duties of a volunteer
[fireman] FIREFIGHTER by reason of disease or disability caused or
induced by actual performance of the duties of his OR HER position,
without fault or misconduct on his OR HER part, shall
a. If a member of a volunteer fire company located in any city in
which a pension fund is maintained, be paid a pension in the same manner
and at the same rate as if he OR SHE were a member of the paid fire
department of such city.
b. If a member of a volunteer fire company in any other place, be paid
one-half the amount which would have been payable in case of death to
his OR HER executor or administrator under the provisions of subdivision
[first] ONE of this section;
Provided, however, that if such volunteer [fireman] FIREFIGHTER shall
at the expiration of the disability payments provided for in subdivision
[third] THREE of this section be totally incapacitated to engage in any
occupation for remuneration or profit by reason of disease or disability
caused by actual performance of the duties of his OR HER position, with-
out fault or misconduct on his OR HER part, he OR SHE shall be paid the
sum of fifteen dollars per week during the period thereafter that such
total incapacity shall continue and, in addition thereto, during such
period there shall be paid to him OR HER for the benefit of his OR HER
child or children the sum of twelve dollars fifty cents a month for each
child under the age of eighteen years, but not more than a total of
twenty-five dollars a month for all such children, but no payment on
account of a child shall continue after such child shall have attained
the age of eighteen years. In the event payments to a volunteer [fire-
man] FIREFIGHTER and his OR HER children on account of total incapacity,
as heretofore in this subdivision provided, shall not have amounted to
the sum to which he OR SHE would otherwise have been entitled on account
of permanent incapacity for performing the full duties of a volunteer
[fireman] FIREFIGHTER and he OR SHE shall be found to have recovered to
such extent that he OR SHE is no longer totally incapacitated but is
still permanently incapacitated for performing the full duties of a
volunteer [fireman] FIREFIGHTER, there shall be paid to him OR HER the
difference between the payments already made to him OR HER for his OR
HER own account and for the account of his OR HER children and the
amount to which he OR SHE would be entitled under this subdivision on
account of permanent incapacity for performing the full duties of a
volunteer [fireman] FIREFIGHTER. The authorities having jurisdiction to
audit the claim of any volunteer [fireman] FIREFIGHTER claiming total
disability benefits under this subdivision shall have the right to cause
such injured volunteer [fireman] FIREFIGHTER to be examined from time to
time at reasonable intervals by the municipal health authorities or any
physician appointed by them for that purpose to determine whether total
disability continues and, in case a volunteer [fireman] FIREFIGHTER
receiving total disability benefits hereunder shall refuse to permit any
such examination to be made, such authorities shall be authorized to
discontinue the payment of benefits to him OR HER until such examination
is allowed.
[Third] 3. Any such volunteer [fireman] FIREFIGHTER who shall receive
injuries while performing his OR HER duties as such, while in the fire
house, while going to or returning from a fire by any means of travel,
transportation, or conveyance whatever, or while working at the fire or
answering a call or fire alarm or while officially engaged in testing or
inspecting the apparatus, or equipment, or while engaged as a member of
S. 6542--A 26
a fire department, or fire company, emergency relief squad or fire
police squad, or fire patrol or while attending a fire school, or while
instructing or being instructed in fire duties or while attending any
drill or parade or inspection in which his OR HER company or department
is engaged, or while engaged in emergency work not related to fire
extinguishment or prevention or going to or returning therefrom when
duly authorized to participate therein, so as to necessitate medical or
other lawful remedial treatment or prevent him OR HER from following his
OR HER usual vocation on account thereof, shall be reimbursed for such
sums as are actually and necessarily paid for medical or other lawful
remedial treatment, not exceeding five hundred dollars. He OR SHE shall
also be compensated for the time he OR SHE was actually and necessarily
prevented from following his OR HER vocation or for the time of his OR
HER disability on account of such injuries, at the rate of thirty-six
dollars per week not to exceed one thousand eight hundred dollars.
Notice of an injury or death for which benefits are payable under this
section shall be given to the municipal corporation or fire district
responsible for the payment thereof within thirty days after receiving
such injury, and also in case of the death of the volunteer [fireman]
FIREFIGHTER resulting from such injury within thirty days after such
death. Such notice may be given by any person claiming to be entitled to
such benefits or by someone in his OR HER behalf. The notice shall be in
writing, shall contain the name and address of the volunteer [fireman]
FIREFIGHTER, and state in ordinary language the time, place, nature and
cause of the injury and shall be signed by him OR HER or by a person on
his OR HER behalf or, in case of death, by any one or more of his OR HER
dependents, or by a person on their behalf. The notice shall be given to
the comptroller or chief financial officer of the city, the clerk of the
village, the secretary of the fire district, or the town clerk of the
town, as the case may be, by delivering it to such officer or by regis-
tered letter properly addressed to such officer. The failure to give
notice of injury or notice of death shall be a bar to any claim under
this section. Failure to give notice of such injury or death within such
thirty day period may be excused by the county judge who would have
jurisdiction of a controversy under this section, upon petition and
notice in the manner provided in subdivision [fifth] FIVE of this
section, either upon the ground that for some sufficient reason the
notice had not been given, or that any member of a body in charge of, or
any officer of the fire department or fire company had knowledge within
such thirty day period, of the injuries or death, or that the municipal
corporation or fire district has not been prejudiced by a delay in
giving such notice.
Any such volunteer [fireman] FIREFIGHTER who shall receive injuries as
aforesaid shall, when certified by the chief or other executive officer
of the fire department or by the appropriate administrative officers
under whom he OR SHE serves, be received by any public, private, or
semi-private hospital for care and treatment at the usual ward or semi-
private patient rates, including charges at the prevailing ward or semi-
private patient rates for necessary nursing, laboratory tests, x-ray
examinations and physical therapy, or, in case any such hospital has a
contract with the municipality served by such volunteer [fireman] FIRE-
FIGHTER, then at the rates specified in such contract.
Within two years after receiving the injury, or if death results ther-
efrom within two years after such death, a claim for the benefits under
this section shall be filed with the same officer to whom a notice of an
injury must be given, as aforesaid. The claim shall be in substantially
S. 6542--A 27
the same form and shall give substantially the same information as is
required to be given in a claim under the provisions of section twenty-
eight of the [workmen's] WORKERS' compensation law. Notwithstanding the
provisions of any other law, any such claim need not be sworn to, veri-
fied or acknowledged.
Payments of weekly benefits under this section shall commence within
fifteen days after the filing of such claim, and payments of lump sum,
and monthly, death benefits under this section shall be made or
commenced within thirty days after such filing. In the event of a fail-
ure to make such payments within any such period or to continue the same
for the time required therefor, a controversy shall be presumed to have
arisen and a proceeding may thereupon be instituted pursuant to subdivi-
sion [fifth] FIVE of this section to compel such payment.
[Fourth] 4. In cities any benefit under this section shall be a city
charge and any claim therefor shall be audited and paid in the same
manner as other city charges, except that no part of the moneys payable
under this section shall be paid from the pension funds of the said
departments therein. In villages any such benefit shall be a village
charge and any claim therefor shall be audited and paid in the same
manner as other village charges, and shall be assessed upon the property
liable to taxation in said village, and levied and collected in the same
manner as village taxes. In fire districts any such benefit shall be a
fire district charge and any claim therefor shall be audited and paid in
the same manner as other fire district charges, and shall be assessed
upon the property in such fire districts liable to taxation, and levied
and collected in the same manner as fire district taxes. If such [fire-
man] FIREFIGHTER was a member of a town fire company or fire department
or a member of a fire company incorporated under the membership corpo-
rations law, located outside of a city, village or fire district, any
such benefit shall be a town charge and any claim therefor shall be
audited and paid in the same manner as town charges and shall be
assessed upon the property liable to taxation in the territory protected
by such fire company and levied and collected in the same manner as town
charges therein. If such [fireman] FIREFIGHTER was a member of a fire
company or fire department operating in, or maintained jointly by two or
more villages, or two or more towns, or two or more fire districts, any
such benefit shall be a charge against the village, town or fire
district, in which the fire occurred. If such injury occur while assist-
ance is being rendered to a neighboring city, town, village, fire
district, fire protection district (including a fire protection district
served by the company or department of which such [fireman] FIREFIGHTER
is a member), fire alarm district, or territory outside any such
district upon the call of such city, town, village, fire district, fire
protection district, fire alarm district, or territory outside any such
district, or while going to or returning from the place from whence such
call came, or death shall result from any such injury, any such benefit
shall be a charge against such neighboring city, town, village, fire
district, fire protection district, fire alarm district, or territory
outside any such district, so issuing the call for assistance and after
audit shall be paid and assessed upon the property liable to taxation in
such neighboring city, town, village, fire district, fire protection
district, fire alarm district, or territory outside any such district,
and levied and collected in the same manner as other charges against the
same are levied and collected.
Any city, village, fire district or town may finance the payment of
any benefits payable under the provisions of this section by the issu-
S. 6542--A 28
ance of serial bonds or capital notes pursuant to the local finance law
unless it is required by some other law to pay such benefits from
current funds.
Any such city, village, fire district or the town board acting for and
on behalf of any fire protection district, fire alarm district or terri-
tory outside any such district, may contract for insurance indemnifying
against the liability imposed by this section, provided further that
such contract of insurance shall also indemnify against the liability
imposed by the [workmen's] WORKERS' compensation law in relation to
injuries or death of volunteer [firemen] FIREFIGHTER, and the cost of
such insurance shall be paid and provided in the same manner as benefits
are required to be paid and provided in this section.
If any claim under this section is one for which an insurance company
might be liable, or if it is a claim for which a mutual self-insurance
plan under subdivision three-a of section fifty of the [workmen's] WORK-
ERS' compensation law might be liable, the officer to whom a notice of
injury is required to be delivered or mailed and with whom a claim is
required to be filed under the provisions of this section shall send a
copy of any such notice or claim and a copy of any notice of a proceed-
ing relating to an injury or claim to such insurance company or plan, as
the case may be, promptly after receiving the same.
Any money paid to an executor or administrator under any of the
provisions of this section shall be distributed in the manner provided
by law for the distribution of personal property, and all money paid
under this section shall be exempt from any process for the collection
of debts either against the volunteer [fireman] FIREFIGHTER or any bene-
ficiary to whom the same is paid under the provisions of this section.
No release from the liability imposed by this section shall be valid
if it shall appear that the person executing such release has not
received the full amount to which he OR SHE is entitled under the
provisions of this section.
The words "injury" and "injuries", as used in this section, include
any disablement of a volunteer [fireman] FIREFIGHTER as the direct
result of the performance of his OR HER duties.
If for the purpose of obtaining any benefit or payment under the
provisions of this section, or for the purpose of influencing any deter-
mination regarding any benefit or payment under the provisions of this
section, either for himself OR HERSELF or for any other person, any
person [wilfully] WILLFULLY makes a false statement or representation,
he OR SHE shall be guilty of a misdemeanor.
The provisions of this section relating to giving notice of injury and
filing claim, and to the contents of any such notice or claim, shall be
construed liberally in order to effectuate the objects and purposes of
this section.
[Fifth] 5. Any controversy arising at any time under the provisions
of this section shall be determined by the county judge of any county in
which the city, village, fire district, or town, which would be respon-
sible for payments under this section, is located. For that purpose, any
party may present a petition to such county judge, setting forth the
facts and rights which are claimed. A copy of such petition and notice
of the time and place when the same will be presented shall be served on
all persons interested therein, at least eight days prior to such pres-
entation.
[Sixth] 6. The provisions of this section shall not apply to volun-
teer [firemen] FIREFIGHTERS killed or injured on or after the first day
S. 6542--A 29
of March, nineteen hundred fifty-seven, or who die from the effects of
injuries received on or after such date.
§ 49. Section 205-c of the general municipal law, as added by chapter
127 of the laws of 1955, is amended to read as follows:
§ 205-c. Payments pending controversies where volunteer [firemen]
FIREFIGHTERS are killed or injured. In order to provide for the prompt
payment of benefits under sections two hundred five and two hundred
nine-a of this [chapter] ARTICLE, and under the [workmen's] WORKERS'
compensation law, where such benefits are conceded to be due to any
person because of the death of or injuries to a volunteer [fireman]
FIREFIGHTER but controversy exists as to which city, village, town or
fire district is liable for the payment thereof, the municipalities and
districts involved in such controversy and their insurance carriers, if
any, may agree that any one or more of such municipalities or districts
or its insurance carrier shall pay the benefits to, or in relation to,
the person conceded to be entitled to such benefits without waiting for
a final determination of the controversy, and may carry out the
provisions of such an agreement. Notwithstanding any such payment, any
party to the agreement may seek a final determination of the controversy
in the same manner as if such payment had not been made. After a final
determination the parties to the agreement shall make any necessary and
proper reimbursement to conform to the determination. The term "insur-
ance carrier" as used herein shall mean an insurance company, or a coun-
ty mutual self-insurance plan in accordance with subdivision three-a of
section fifty of the [workmen's] WORKERS' compensation law, or any plan
which shall be provided for by law in amendment of or substitution for
such a plan.
§ 50. Section 206 of the general municipal law, as amended by chapter
892 of the laws of 1972, is amended to read as follows:
§ 206. Certificate to [policemen and firemen] POLICE OFFICERS AND
FIREFIGHTERS; free transportation; use of telegraph lines and tele-
phones. The mayor of each city of this state and the mayor of each
incorporated village may issue, under the seal of his OR HER office, to
each [policeman and fireman] POLICE OFFICER AND FIREFIGHTER appointed by
the duly-constituted authorities of such city or village, a certificate
of the appointment and qualification of such [policeman or fireman]
POLICE OFFICER AND FIREFIGHTER as such, and specifying the duration of
his OR HER term of office; and it shall thereupon be the duty of every
street surface and elevated railroad company carrying on business within
such city or village, to transport every such [policeman or fireman]
POLICE OFFICER AND FIREFIGHTER free of charge while he OR SHE is travel-
ing in the course of the performance of the duties of his OR HER office.
Every telegraph or telephone company engaged in business within such
city or village, shall afford to such [policeman or fireman] POLICE
OFFICER AND FIREFIGHTER the use of its telegraph lines or telephones for
the purpose of making and receiving reports and communications in the
course of the performance of his OR HER official duties.
§ 51. Section 206-a of the general municipal law, as renumbered by
chapter 15 of the laws of 1941, is amended to read as follows:
§ 206-a. Penalty for improper use of certificates. Every [policeman or
fireman] POLICE OFFICER AND FIREFIGHTER who shall permit any other
person to use the certificate issued to him OR HER as provided by the
last section, or shall present or make use of the same, except while
acting in the course of the performance of his OR HER official duties,
or who shall use such certificate after the expiration of his OR HER
S. 6542--A 30
term of office or his resignation or removal therefrom, shall be deemed
guilty of a misdemeanor.
§ 52. Section 206-b of the general municipal law, as amended by chap-
ter 805 of the laws of 1984, is amended to read as follows:
§ 206-b. Exemption of benefits payable under blanket accident insur-
ance covering volunteer [firemen] FIREFIGHTERS. Not only shall the
benefits payable or allowable under any blanket accident insurance poli-
cy or contract purchased (1) by a fire department pursuant to section
four thousand two hundred thirty-seven of the insurance law, or (2) by a
municipal corporation or fire district pursuant to any general, special
or local law, to insure active volunteer [firemen] FIREFIGHTERS against
injury or death resulting from bodily injuries sustained by such [fire-
men] FIREFIGHTERS in the performance of their duties be exempt from
execution as provided in subsection (c) of section three thousand two
hundred twelve of the insurance law, but also any benefits payable or
allowable under any such policy or contract in the event of the death of
an insured volunteer [fireman] FIREFIGHTER shall be exempt from
execution for the purpose of satisfying any debt or liability of the
beneficiary designated in the policy or contract, or in the event that
the insured volunteer [fireman] FIREFIGHTER is a minor shall be exempt
from execution for the purpose of satisfying any debt or liability of
the person to whom such benefits are payable pursuant to subsection (b)
of section four thousand two hundred thirty-seven of the insurance law.
§ 53. Section 207-a of the general municipal law, as amended by chap-
ter 965 of the laws of 1977, subdivision 1 as amended by chapter 806 of
the laws of 1986, subdivisions 2, 3 and 4 as amended by and subdivision
4-a as added by chapter 661 of the laws of 1984, and subdivision 6 as
amended by chapter 481 of the laws of 1998, is amended to read as
follows:
§ 207-a. Payment of salary, medical and hospital expenses of [firemen]
FIREFIGHTERS with injuries or illness incurred in performance of duties.
1. Any paid [fireman] FIREFIGHTER which term as used in this section
shall mean any paid officer or member of an organized fire company or
fire department of a city of less than one million population, or town,
village or fire district, who is injured in the performance of his OR
HER duties or who is taken sick as a result of the performance of his OR
HER duties so as to necessitate medical or other lawful remedial treat-
ment, shall be paid by the municipality or fire district by which he OR
SHE is employed the full amount of his OR HER regular salary or wages
until his OR HER disability arising therefrom has ceased, and, in addi-
tion, such municipality or fire district shall be liable for all medical
treatment and hospital care furnished during such disability. Provided,
however, and notwithstanding the foregoing provisions of this section,
the municipal health authorities or any physician appointed for the
purpose by the municipality or fire district, may attend any such
injured or sick [fireman] FIREFIGHTER, from time to time, for the
purpose of providing medical, surgical or other treatment, or for making
inspections and the municipality or fire district shall not be liable
for salary or wages payable to such a [fireman] FIREFIGHTER, or for the
cost of medical or hospital care or treatment furnished, after such date
as the health authorities or such physician shall certify that such
injured or sick [fireman] FIREFIGHTER has recovered and is physically
able to perform his OR HER regular duties in the company or department.
Any injured or sick [fireman] FIREFIGHTER who shall refuse to accept
such medical treatment or hospital care or shall refuse to permit
medical inspections as herein authorized, including examinations result-
S. 6542--A 31
ing from the application of subdivision two hereof, shall be deemed to
have waived his OR HER rights under this section in respect to expenses
incurred for medical treatment or hospital care or salary or wages paya-
ble after such refusal.
Notwithstanding any provision of law to the contrary, a provider of
medical treatment or hospital care furnished pursuant to the provisions
of this section shall not collect or attempt to collect reimbursement
for such treatment or care from any such member of the fire department
of any such city.
2. Payment of the full amount of regular salary or wages, as provided
by subdivision one of this section, shall be discontinued with respect
to any [fireman] FIREFIGHTER who is permanently disabled as a result of
an injury or sickness incurred or resulting from the performance of his
OR HER duties if such [fireman] FIREFIGHTER is granted an accidental
disability retirement allowance pursuant to section three hundred
sixty-three of the retirement and social security law, a retirement for
disability incurred in performance of duty allowance pursuant to section
three hundred sixty-three-c of the retirement and social security law or
similar accidental disability pension provided by the pension fund of
which he OR SHE is a member; provided, however, that in any such case
such [fireman] FIREFIGHTER shall continue to receive from the munici-
pality or fire district by which he OR SHE is employed, until such time
as he OR SHE shall have attained the mandatory service retirement age
applicable to him OR HER or shall have attained the age or performed the
period of service specified by applicable law for the termination of his
OR HER service, the difference between the amounts received under such
allowance or pension and the amount of his OR HER regular salary or
wages. Any payment made by a municipal corporation or fire district
pursuant to the provisions of this subdivision shall be deemed to have
been made for a valid and lawful public purpose. If application for such
retirement allowance or pension is not made by such [fireman] FIREFIGHT-
ER, application therefor may be made by the head of the fire company or
fire department or as otherwise provided by the fire district or by the
chief executive officer or local legislative body of the municipality by
which such [fireman] FIREFIGHTER is employed. If such application for
accidental disability retirement allowance or retirement for disability
incurred in performance of duty allowance is denied, the fire district
or municipal corporation by which such [fireman] FIREFIGHTER is employed
may appeal such determination.
3. If such a [fireman] FIREFIGHTER is not eligible for or is not
granted such accidental disability retirement allowance or retirement
for disability incurred in performance of duty allowance or similar
accidental disability pension and is nevertheless, in the opinion of
such health authorities or physician, unable to perform his OR HER regu-
lar duties as a result of such injury or sickness but is able, in their
opinion, to perform specified types of light duty, payment of the full
amount of regular salary or wages, as provided by subdivision one of
this section, shall be discontinued with respect to such [fireman] FIRE-
FIGHTER if he OR SHE shall refuse to perform such light duty if the same
is available and offered to him OR HER, provided, however, that such
light duty shall be consistent with his OR HER status as a [fireman]
FIREFIGHTER and shall enable him OR HER to continue to be entitled to
his OR HER regular salary or wages, including increases thereof and
fringe benefits, to which he OR SHE would have been entitled if he OR
SHE were able to perform his OR HER regular duties.
S. 6542--A 32
4. If such a [fireman] FIREFIGHTER is not eligible for or is not
granted an accidental disability retirement allowance or retirement for
disability incurred in performance of duty allowance or similar acci-
dental disability pension, he OR SHE shall not be entitled to further
payment of the full amount of regular salary or wages, as provided by
subdivision one of this section, after he OR SHE shall have attained the
mandatory service retirement age applicable to him OR HER or shall have
attained the age or performed the period of service specified by appli-
cable law for the termination of his OR HER service. Where such a [fire-
man] FIREFIGHTER retires or is retired under any procedure applicable to
him OR HER, including but not limited to circumstances described in
subdivision two of this section or in this subdivision, he OR SHE shall
thereafter, in addition to any portion of regular wages or salary and/or
any retirement allowance or pension to which he OR SHE is then entitled,
continue to be entitled to medical treatment and hospital care necessi-
tated by reason of such injury or illness.
4-a. Any benefit payable pursuant to subdivision two of this section
to a person who is granted retirement for disability incurred in
performance of duty pursuant to section three hundred sixty-three-c of
the retirement and social security law shall be reduced by the amount of
the benefits that are finally determined payable under the workers'
compensation law by reason of accidental disability.
5. The appropriate municipal or fire district officials may transfer
such a [fireman] FIREFIGHTER to a position in the same or another agency
or department where they are able to do so pursuant to applicable civil
service requirements and provided the [fireman] FIREFIGHTER shall
consent thereto.
6. Any [fireman] FIREFIGHTER receiving payments or benefits pursuant
to this section, who engages in any employment other than as provided in
subdivision three or five of this section shall on the commencement of
such employment, forfeit his OR HER entitlement to any payments and
benefits hereunder, and any such payment or benefit unlawfully received
by such [fireman] FIREFIGHTER shall be refunded to and may be recovered
by the municipal corporation or fire district employing such [fireman]
FIREFIGHTER in a civil action. For the purposes of this section,
employment shall not include income derived from passive involvement
with: gains derived from dealings in property, interest income, rents
from real property, royalties, dividends, alimony and separate mainte-
nance payments, annuities, income from life insurance and endowment
contracts, other pensions, income from the discharge of indebtedness,
income in the respect of a decedent, and income from an interest in an
estate or trust.
7. Notwithstanding any provision of law contrary thereto contained
herein or elsewhere, a cause of action shall accrue to the municipality
or fire district aforesaid for reimbursement in such sum or sums actual-
ly paid as a salary or wages and/or for medical or hospital treatment,
as against any third party against whom the [fireman] FIREFIGHTER shall
have a cause of action for the injuries sustained.
§ 54. Section 207-b of the general municipal law, as added by chapter
291 of the laws of 1960, subdivision 2 as amended by chapter 278 of the
laws of 1961, and subdivision 3 as amended by chapter 721 of the laws of
1973, is amended to read as follows:
§ 207-b. Additional retirement benefits for certain [firemen] FIRE-
FIGHTERS in cities. 1. As used in this section:
S. 6542--A 33
a. "Final compensation" means the average annual salary or wages for
services as a [fireman] FIREFIGHTER earned from the date of his OR HER
minimum period to the date of his OR HER retirement.
b. "[Fireman] FIREFIGHTER" means a paid officer or member of the
uniformed force of the fire department of a city.
c. "Minimum period" means a fixed number of years of service as a
[fireman] FIREFIGHTER specified in a plan or option elected by him OR
HER as a necessary prerequisite for a pension or retirement allowance
upon retirement from such service.
2. Notwithstanding the provisions of any general, special or local
law, charter or administrative code and in lieu of any lesser amount
thereby prescribed, in the event a [fireman] FIREFIGHTER has served as
such for his OR HER minimum period and thereafter continues in such
service, upon his OR HER subsequent retirement for any cause whatsoever,
there shall be added to the amount of the annual pension or retirement
allowance to which he OR SHE was entitled upon such retirement, an addi-
tional amount computed at the rate of one-sixtieth of his OR HER final
compensation for each year of such additional service.
3. The provisions of this section shall not apply to members of the
New York state [policemen's] AND LOCAL POLICE and [firemen's] FIRE
retirement system.
§ 55. Section 207-c of the general municipal law, as added by chapter
920 of the laws of 1961, subdivision 1 as amended by section 1 of chap-
ter 522 of the laws of 2015, and subdivisions 2, 3 and 5 as amended by
chapter 661 of the laws of 1984, is amended to read as follows:
§ 207-c. Payment of salary, wages, medical and hospital expenses of
[policemen] POLICE OFFICERS with injuries or illness incurred in the
performance of duties. 1. Any sheriff, undersheriff, deputy sheriff or
corrections officer of the sheriff's department of any county (herein-
after referred to as a ["policeman"] "POLICE OFFICER") or any member of
a police force of any county, city of less than one million population,
town or village, or of any district, agency, board, body or commission
thereof, or a detective-investigator or any other investigator who is a
police officer pursuant to the provisions of the criminal procedure law
employed in the office of a district attorney of any county, or any
corrections officer of the county of Erie department of corrections, or
an advanced ambulance medical technician employed by the county of
Nassau, or any detention officer employed by the city of Yonkers, or any
supervising fire inspector, fire inspector, fire marshal or assistant
fire marshal employed full-time in the county of Nassau fire marshal's
office, or at the option of the county of Nassau, any probation officer
of the county of Nassau who is injured in the performance of his OR HER
duties or who is taken sick as a result of the performance of his OR HER
duties so as to necessitate medical or other lawful remedial treatment
shall be paid by the municipality by which he OR SHE is employed the
full amount of his OR HER regular salary or wages until his OR HER disa-
bility arising therefrom has ceased, and, in addition such municipality
shall be liable for all medical treatment and hospital care necessitated
by reason of such injury or illness. Provided, however, and notwith-
standing the foregoing provisions of this section, the municipal health
authorities or any physician appointed for the purpose by the munici-
pality, after a determination has first been made that such injury or
sickness was incurred during, or resulted from, such performance of
duty, may attend any such injured or sick [policeman] POLICE OFFICER,
from time to time, for the purpose of providing medical, surgical or
other treatment, or for making inspections and the municipality shall
S. 6542--A 34
not be liable for salary or wages payable to such [policeman] POLICE
OFFICER, or for the cost of medical treatment or hospital care furnished
after such date as such health authorities or physician shall certify
that such injured or sick [policeman] POLICE OFFICER has recovered and
is physically able to perform his OR HER regular duties. Any injured or
sick [policeman] POLICE OFFICER who shall refuse to accept medical
treatment or hospital care or shall refuse to permit medical inspections
as herein authorized, including examinations pursuant to subdivision two
of this section, shall be deemed to have waived his OR HER rights under
this section in respect to expenses for medical treatment or hospital
care rendered and for salary or wages payable after such refusal.
Notwithstanding any provision of law to the contrary, a provider of
medical treatment or hospital care furnished pursuant to the provisions
of this section shall not collect or attempt to collect reimbursement
for such treatment or care from any such [policeman] POLICE OFFICER, a
member of a police force of any county, city, any such advanced ambu-
lance medical technician, any such detention officer or any such detec-
tive-investigator or any other such investigator who is a police officer
pursuant to the provisions of the criminal procedure law.
2. Payment of the full amount of regular salary or wages, as provided
by subdivision one of this section, shall be discontinued with respect
to any [policeman] POLICE OFFICER who is permanently disabled as a
result of an injury or sickness incurred or resulting from the perform-
ance of his OR HER duties if such [policeman] POLICE OFFICER is granted
an accidental disability retirement allowance pursuant to section three
hundred sixty-three of the retirement and social security law, a retire-
ment for disability incurred in performance of duty allowance pursuant
to section three hundred sixty-three-c of the retirement and social
security law or similar accidental disability pension provided by the
pension fund of which he OR SHE is a member. If application for such
retirement allowance or pension is not made by such [policeman] POLICE
OFFICER, application therefor may be made by the head of the police
force or as otherwise provided by the chief executive officer or local
legislative body of the municipality by which such [policeman] POLICE
OFFICER is employed.
3. If such a [policeman] POLICE OFFICER is not eligible for or is not
granted such accidental disability retirement allowance or retirement
for disability incurred in performance of duty allowance or similar
accidental disability pension and is nevertheless, in the opinion of
such health authorities or physician, unable to perform his OR HER regu-
lar duties as a result of such injury or sickness but is able, in their
opinion, to perform specified types of light police duty, payment of the
full amount of regular salary or wages, as provided by subdivision one
of this section, shall be discontinued with respect to such [policeman]
POLICE OFFICER if he OR SHE shall refuse to perform such light police
duty if the same is available and offered to him OR HER, provided,
however, that such light duty shall be consistent with his OR HER status
as a [policeman] POLICE OFFICER and shall enable him OR HER to continue
to be entitled to his OR HER regular salary or wages, including
increases thereof and fringe benefits, to which he OR SHE would have
been entitled if he OR SHE were able to perform his OR HER regular
duties.
4. The appropriate municipal officials may transfer such a [policeman]
POLICE OFFICER to a position in another agency or department where they
are able to do so pursuant to applicable civil service requirements and
provided the [policeman] POLICE OFFICER shall consent thereto.
S. 6542--A 35
5. If such a [policeman] POLICE OFFICER is not eligible for or is not
granted an accidental disability retirement allowance or retirement for
disability incurred in performance of duty allowance or similar acci-
dental disability pension, he OR SHE shall not be entitled to further
payment of the full amount of regular salary or wages, as provided by
subdivision one of this section, after he OR SHE shall have attained the
mandatory service retirement age applicable to him OR HER or shall have
attained the age or performed the period of service specified by appli-
cable law for the termination of his OR HER service. Where such a
[policeman] POLICE OFFICER is transferred to another position pursuant
to subdivision four of this section or retires or is retired under any
procedure applicable to him OR HER, including but not limited to circum-
stances described in subdivision two of this section or in this subdivi-
sion, he OR SHE shall thereafter, in addition to any retirement allow-
ance or pension to which he OR SHE is then entitled, continue to be
entitled to medical treatment and hospital care necessitated by reason
of such injury or illness.
6. Notwithstanding any provision of law contrary thereto contained
herein or elsewhere, a cause of action shall accrue to the municipality
for reimbursement in such sum or sums actually paid as salary or wages
and or for medical treatment and hospital care as against any third
party against whom the [policeman] POLICE OFFICER shall have a cause of
action for the injury sustained or sickness caused by such third party.
§ 56. Subdivisions 1, 4 and 6 of section 207-c of the general munici-
pal law, subdivision 1 as amended by section 2 of chapter 522 of the
laws of 2015, and subdivisions 4 and 6 as amended by chapter 628 of the
laws of 1991, are amended to read as follows:
1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
the sheriff's department of any county or any member of a police force
of any county, city of less than one million population, town or
village, or of any district, agency, board, body or commission thereof,
or any LIRR police officer as defined in paragraph two of subdivision a
of section three hundred eighty-nine of the retirement and social secu-
rity law whose benefits are provided in and pursuant to such section
three hundred eighty-nine, or a detective-investigator or any other
investigator who is a police officer pursuant to the provisions of the
criminal procedure law employed in the office of a district attorney of
any county, or any corrections officer of the county of Erie department
of corrections, or an advanced ambulance medical technician employed by
the county of Nassau, or any detention officer employed by the city of
Yonkers, or any supervising fire inspector, fire inspector, fire
marshal, or assistant fire marshal employed full-time in the county of
Nassau fire marshal's office, or at the option of the county of Nassau,
any probation officer of the county of Nassau who is injured in the
performance of his OR HER duties or who is taken sick as a result of the
performance of his OR HER duties so as to necessitate medical or other
lawful remedial treatment shall be paid by the municipality or The Long
Island Rail Road Company by which he OR SHE is employed the full amount
of his OR HER regular salary or wages from such employer until his OR
HER disability arising therefrom has ceased, and, in addition such muni-
cipality or The Long Island Rail Road Company shall be liable for all
medical treatment and hospital care necessitated by reason of such inju-
ry or illness. Provided, however, and notwithstanding the foregoing
provisions of this section, the municipal or The Long Island Rail Road
Company health authorities or any physician appointed for the purpose by
the municipality or The Long Island Rail Road Company, as relevant,
S. 6542--A 36
after a determination has first been made that such injury or sickness
was incurred during, or resulted from, such performance of duty, may
attend any such injured or sick [policeman] POLICE OFFICER, from time to
time, for the purpose of providing medical, surgical or other treatment,
or for making inspections, and the municipality or The Long Island Rail
Road Company, as the case may be, shall not be liable for salary or
wages payable to such [policeman] POLICE OFFICER, or for the cost of
medical treatment or hospital care furnished after such date as such
health authorities or physician shall certify that such injured or sick
[policeman] POLICE OFFICER has recovered and is physically able to
perform his OR HER regular duties. Any injured or sick [policeman]
POLICE OFFICER who shall refuse to accept medical treatment or hospital
care or shall refuse to permit medical inspections as herein authorized,
including examinations pursuant to subdivision two of this section,
shall be deemed to have waived his OR HER rights under this section in
respect to expenses for medical treatment or hospital care rendered and
for salary or wages payable after such refusal.
Notwithstanding any provision of law to the contrary, a provider of
medical treatment or hospital care furnished pursuant to the provisions
of this section shall not collect or attempt to collect reimbursement
for such treatment or care from any such [policeman] POLICE OFFICER, any
such advanced ambulance medical technician or any such detention offi-
cer.
4. The appropriate municipal or The Long Island Rail Road Company
officials may transfer a [policeman] POLICE OFFICER to a position in
another agency or department where they are able to do so pursuant to
applicable civil service or The Long Island Rail Road Company require-
ments and provided the [policeman] POLICE OFFICER shall consent thereto.
6. Notwithstanding any provision of law contrary thereto contained
herein or elsewhere, a cause of action shall accrue to the municipality
or The Long Island Rail Road Company for reimbursement in such sum or
sums actually paid as salary or wages and or for medical treatment and
hospital care as against any third party against whom the [policeman]
POLICE OFFICER shall have a cause of action for the injury sustained or
sickness caused by such third party.
§ 57. Section 207-d of the general municipal law, as added by chapter
923 of the laws of 1961, the section heading and paragraph b of subdivi-
sion 1 as amended by chapter 72 of the laws of 1967, subdivision 2 as
amended by chapter 896 of the laws of 1962, and subdivision 3 as amended
by chapter 721 of the laws of 1973, is amended to read as follows:
§ 207-d. Additional retirement benefits for certain [policemen] POLICE
OFFICERS in cities and certain villages. 1. As used in this section:
a. "Final compensation" means the average annual salary or wages for
services as a [policeman] POLICE OFFICER earned from the date of his OR
HER minimum period to the date of his OR HER retirement.
b. ["Policeman"] "POLICE OFFICER" means a paid officer or member of
the uniformed force of the police department of a city or of any village
which has elected to make the benefits provided under this section
available to the paid officers or members of its police department or
force.
c. "Minimum period" means a fixed number of years of service as a
[policeman] POLICE OFFICER specified in a plan or option elected by him
OR HER as a necessary prerequisite for a pension or retirement allowance
upon retirement from such service.
2. Notwithstanding the provisions of any general, special or local
law, charter or administrative code and in lieu of any lesser amount
S. 6542--A 37
thereby prescribed, in the event a [policeman] POLICE OFFICER has served
as such for his OR HER minimum period and thereafter continues in such
service, upon his OR HER subsequent retirement for any cause whatsoever,
there shall be added to the amount of the annual pension or retirement
allowance to which he OR SHE was entitled upon, such retirement an addi-
tional amount computed at the rate of one-sixtieth of his OR HER final
compensation for each year of such additional service.
3. The provisions of this section shall not apply to members of the
New York state [policemen's] AND LOCAL POLICE and [firemen's] FIRE
retirement system.
§ 58. The section heading and subdivision 5 of section 207-e of the
general municipal law, the section heading as added by chapter 258 of
the laws of 1963, and subdivision 5 as amended by chapter 721 of the
laws of 1973, are amended to read as follows:
Minimum retirement benefits for [policemen] POLICE OFFICERS in cities
and who are members of police pension or retirement systems maintained
by such cities.
5. The provisions of this section shall not apply to members of the
New York state [policemen's] AND LOCAL POLICE and [firemen's] FIRE
retirement system.
§ 59. The section heading and subdivision 5 of section 207-e of the
general municipal law, the section heading as added by chapter 260 of
the laws of 1963, and subdivision 5 as amended by chapter 721 of the
laws of 1973, are amended to read as follows:
Minimum retirement benefits for [firemen] FIREFIGHTERS in cities and
who are members of fire department pension or retirement systems main-
tained by such cities.
5. The provisions of this section shall not apply to members of the
New York state [policemen's] AND LOCAL POLICE and [firemen's] FIRE
retirement system.
§ 60. Subdivision 4 of section 207-f of the general municipal law, as
amended by chapter 721 of the laws of 1973, is amended to read as
follows:
4. The provisions of this section shall not apply to members of the
New York state [policemen's] AND LOCAL POLICE and [firemen's] FIRE
retirement system.
§ 61. Subdivision 4 of section 207-g of the general municipal law, as
amended by chapter 721 of the laws of 1973, is amended to read as
follows:
4. The provisions of this section shall not apply to members of the
New York state [policemen's] AND LOCAL POLICE and [firemen's] FIRE
retirement system.
§ 62. Subdivision 3 of section 207-h of the general municipal law, as
amended by section 8 of chapter 721 of the laws of 1973, is amended to
read as follows:
3. The provisions of this section shall not apply to members of the
New York state [policemen's] AND LOCAL POLICE and [firemen's] FIRE
retirement system.
§ 63. Subdivision 4 of section 207-h of the general municipal law, as
amended by section 9 of chapter 721 of the laws of 1973, is amended to
read as follows:
4. The provisions of this section shall not apply to members of the
New York state [policemen's] AND LOCAL POLICE and [firemen's] FIRE
retirement system.
§ 64. The section heading and subdivision f of section 207-i of the
general municipal law, the section heading as added by chapter 561 of
S. 6542--A 38
the laws of 1967, and subdivision f as amended by chapter 721 of the
laws of 1973, are amended to read as follows:
Temporary supplemental retirement allowances for certain [policemen]
POLICE OFFICERS.
f. Nothing herein contained shall be deemed to apply to members of the
New York state [policemen's] AND LOCAL POLICE and [firemen's] FIRE
retirement system.
§ 65. The section heading of section 207-i of the general municipal
law, as amended by chapter 954 of the laws of 1970, is amended to read
as follows:
Supplemental retirement allowances of retired [firemen] FIREFIGHTERS
of cities.
§ 66. The section heading of section 207-ii of the general municipal
law, as added by chapter 422 of the laws of 1981, is amended to read as
follows:
Payment of supplemental retirement allowances of retired [policemen
and firemen] POLICE OFFICERS AND FIREFIGHTERS of certain cities.
§ 67. The section heading of section 207-l of the general municipal
law, as added by chapter 480 of the laws of 1971, is amended to read as
follows:
Temporary supplemental retirement allowances for certain [policemen]
POLICE OFFICERS in towns and villages.
§ 68. The section heading of section 208-b of the general municipal
law, as amended by chapter 742 of the laws of 1964, is amended to read
as follows:
Death benefits for beneficiaries of certain [policemen and firemen]
POLICE OFFICERS AND FIREFIGHTERS.
§ 69. The section heading of section 208-c of the general municipal
law, as added by chapter 463 of the laws of 1967, is amended to read as
follows:
Death benefits for dependent fathers or dependent mothers of certain
[policemen and firemen] POLICE OFFICERS AND FIREFIGHTERS.
§ 70. Subdivision 2 of section 208-d of the general municipal law, as
added by chapter 770 of the laws of 1961, is amended to read as follows:
2. Notwithstanding any provision of law to the contrary thereto
contained herein or elsewhere, a cause of action shall accrue to the
village or town aforesaid for reimbursement in such sum or sums actually
paid as a salary or wages and/or for medical or hospital treatment, as
against any third party against whom the [policemen] POLICE OFFICERS
shall have a cause of action for the injuries sustained.
§ 71. Subdivision 1 of section 209 of the general municipal law, as
amended by chapter 191 of the laws of 2006, is amended to read as
follows:
1. The fire department of any city, village or fire district, the fire
companies serving territory outside of villages and fire districts in
any town and the fire departments of any town which has a town fire
department, an ambulance district and a county or public authority which
operates an airport crash-fire-rescue unit, may answer calls for assist-
ance outside the area regularly served and protected by such fire
department or fire companies, ambulance district or crash-fire-rescue
unit and may engage and participate in fire training programs in terri-
tory outside the area regularly served and protected by such fire
department, fire companies, ambulance districts or crash-fire-rescue
unit. While in the performance of their duties under this subdivision,
the members of such departments, companies, districts or crash-fire-res-
cue units shall have the same immunities and privileges as if such
S. 6542--A 39
duties were performed within the area regularly served and protected by
such departments, companies, districts or crash-fire-rescue units. While
responding to a call for assistance under this subdivision a city,
village, fire district, ambulance district, town or county or public
authority operating an airport crash-fire-rescue unit shall be liable
for the negligence of [firemen] FIREFIGHTERS of the city fire depart-
ment, village fire department, fire district fire department, town fire
department, ambulance district or crash-fire-rescue unit, respectively,
occurring in the performance of their duties in the same manner and to
the same extent as if such negligence occurred in the performance of
their duties within the area regularly served and protected by such
departments, districts or units. The legislative body of any county,
city or village, the board of fire commissioners or other governing
board of any fire district, ambulance district or public authority or
the town board of any town in relation to the fire companies serving
territory outside of villages and fire districts or in relation to a
town fire department, or ambulance district, as the case may be, by
resolution may restrict such outside service and training to such extent
as it shall deem advisable. Any such resolution shall continue in effect
until amended or repealed by the adoption of a subsequent resolution.
The officer in charge of any fire department or fire company or ambu-
lance district shall be notified promptly of the adoption of any such
resolution and of any amendment or repeal thereof. In a county, city, or
in a village or town, such action may be taken by local law or by ordi-
nance instead of by resolution. As used in this section, the terms "fire
department", "fire companies", "ambulance service" and "crash-fire-res-
cue unit" shall include all companies, squads, patrols or other units of
such departments, companies or units, or volunteer ambulance services
organized pursuant to section one hundred twenty-two-b of this chapter,
and the term "assistance" includes the services of firefighting forces,
fire police squads, ambulance services, emergency rescue and first aid
squads rendered in case of a fire or other emergency, including stand-by
service, to aid (1) a fire department or fire company, and (2) owners or
occupants of property, and other persons, whether or not such owners,
occupants or persons are receiving fire or other emergency service from
another fire department or fire company or ambulance service. Except as
otherwise provided by law in the case of natural disaster emergencies, a
call to furnish assistance may be made by any person aware of the peril
involved and the need for assistance or pursuant to any legally author-
ized or recognized plan for the furnishing of mutual aid in cases of
fire or other emergency. The call need not originate in the municipal
corporation, district or area liable for the payment of financial bene-
fits in the event of the death or injury of a [fireman] FIREFIGHTER or
ambulance or rescue squad member engaged in rendering such assistance.
The call may be relayed through one or more persons or mediums of commu-
nication. The provisions of this subdivision shall supersede the
provisions of any general, special or local law to the extent that there
is a conflict between the provisions of this subdivision and such law,
except that if (1) any city had, prior to April fifteenth, nineteen
hundred fifty, restricted in any manner the fire department of the city
from engaging in service outside the city or (2) any city, village, fire
district or town has heretofore restricted in any manner a fire depart-
ment or fire company or ambulance service from engaging in service or
training pursuant to the provisions of this subdivision, such
restrictions shall continue in effect until changed pursuant to the
provisions of this subdivision.
S. 6542--A 40
§ 72. Section 209-a of the general municipal law, as amended by chap-
ter 712 of the laws of 1950, subdivision 1 as amended by chapter 819 of
the laws of 1951, and subdivision 3 as added by chapter 699 of the laws
of 1956, is amended to read as follows:
§ 209-a. Relations with other states and the dominion of Canada. 1.
Whenever a volunteer fire company or department of this state shall
answer a call for assistance from any political subdivision or territory
of another state of the United States, or of the Dominion of Canada, or
property ceded to the federal government, the provisions of section two
hundred five of this chapter and the provisions of the [workmen's] WORK-
ERS' compensation law shall apply with respect to the volunteer [fire-
men] FIREFIGHTERS of such fire company or department, while such assist-
ance is being rendered or while going to or returning from the place
from whence such call came, to the same extent and in the same manner as
if such service had been rendered in the area regularly served by such
volunteer [firemen] FIREFIGHTERS; provided, however, that there shall be
deducted from any amounts payable under such section or such law, any
amounts recoverable by or payable to such volunteer [firemen] FIREFIGHT-
ERS under the laws applicable in the political subdivision or territory
from whence the call for assistance came.
2. The provisions of sections two hundred five and two hundred nine of
this chapter shall apply with respect to volunteer [firemen] FIREFIGHT-
ERS, fire departments and companies of other states of the United States
and of the Dominion of Canada that render service in this state in
answer to a call for assistance, provided that the laws of the state
served by such volunteer [firemen] FIREFIGHTERS, fire departments or
companies, or of the Dominion of Canada, as the case may be, contain
provisions under which substantially similar benefits are granted to
volunteer [firemen] FIREFIGHTERS, fire departments and companies of this
state when rendering service in such other states, or the Dominion of
Canada, as the case may be, in answer to a call for assistance, and
provided further that there shall be deducted from any amounts payable
under the provisions of section two hundred five of this [chapter] ARTI-
CLE to volunteer [firemen] FIREFIGHTERS of such other states or of the
Dominion of Canada, any amounts recoverable by or payable to such volun-
teer [firemen] FIREFIGHTERS under the laws of the state served by such
volunteer [firemen] FIREFIGHTERS or of the Dominion of Canada, as the
case may be.
3. The provisions of this section shall not apply where a volunteer
[fireman] FIREFIGHTER of this state, or of another state, or of the
Dominion of Canada, as the case may be, is killed or injured, on or
after the first day of March, nineteen hundred fifty-seven, or dies from
the effects of injuries received on or after such date.
§ 73. Paragraph a of subdivision 1 and subdivision 4 of section 209-b
of the general municipal law, paragraph a of subdivision 1 as amended by
chapter 843 of the laws of 1980, and subdivision 4 as amended by chapter
718 of the laws of 1958, are amended to read as follows:
a. The authorities having control of fire departments and fire compa-
nies may organize within such departments or companies emergency rescue
and first aid squads composed of [firemen] FIREFIGHTERS who are members
of such departments or companies. Such squads, so organized, may render
services in case of accidents, calamities or other emergencies in
connection with which their services may be required, as well as in case
of alarms of fire. Whether or not such squads have been organized, any
[fireman] FIREFIGHTER may render service in case of accidents, calami-
ties or other emergencies in connection with which the services of
S. 6542--A 41
[firemen] FIREFIGHTERS may be required, as well as in case of alarms of
fire, unless he OR SHE shall have been duly ordered not to render such
service by the authorities having control of the fire department or
company of which he OR SHE is a member. If a request for emergency
service is made by, or originates from a doctor or peace officer, acting
pursuant to his OR HER special duties, or police officer, and there is
any doubt as to whether an emergency exists, the judgment of the doctor
or officer that there is, in fact, an emergency may be accepted as
conclusive by such squad, or the [fireman] FIREFIGHTER responding, or
who has responded to such call. The person designated to receive calls
for such emergency services, for the purpose of dispatching such squads
or [firemen] FIREFIGHTERS, shall determine in the first instance from
the information furnished to him OR HER whether an emergency exists and
his OR HER decision, if in good faith, as to whether or not there is an
emergency shall be final in relation to dispatching such squads or
[firemen] FIREFIGHTERS. Any such preliminary determination shall not be
deemed to authorize the rendition of services if, upon arriving at the
place to which dispatched, it is found that there is no emergency.
4. Fees and charges prohibited. Emergency and general ambulance
service authorized pursuant to this section shall be furnished without
cost to the person served. The acceptance by any [fireman] FIREFIGHTER
of any personal remuneration or gratuity, directly or indirectly, from a
person served shall be a ground for his OR HER expulsion or suspension
as a member of the fire department or fire company.
§ 74. Section 209-c of the general municipal law, as amended by chap-
ter 843 of the laws of 1980, is amended to read as follows:
§ 209-c. Fire police squads of fire departments and fire companies.
The authorities having control of fire departments and fire companies
may organize within such departments or companies fire police squads
composed of volunteer [firemen] FIREFIGHTERS who are members of such
departments or companies. Members of fire police squads, so organized,
at such times as the fire department, fire company or an emergency
rescue and first aid squad of the fire department or fire company are on
duty, or when, on orders of the chief of the fire department or fire
company of which they are members, they are separately engaged in
response to a call for assistance pursuant to the provisions of section
two hundred nine of [the general municipal law] THIS ARTICLE, shall have
the powers of and render service as peace officers. A member of a fire
police squad shall take an oath of office as a fire [policeman] POLICE
OFFICER in the following form: "I do solemnly swear (or affirm) that I
will support the constitution of the United States, and the constitution
of the State of New York, and that I will faithfully discharge the
duties of the office of fire [policeman] POLICE OFFICER of the
...................... fire company (or fire department), according to
the best of my ability." Such oath shall be filed in the office of the
city clerk in the case of a [fireman] FIREFIGHTER of a fire company or
fire department in a city, in the office of the village clerk in the
case of a [fireman] FIREFIGHTER of a fire company or fire department in
a village, and in the office of the town clerk in all other cases.
Notwithstanding any other provision of law to the contrary, a member of
a fire police squad shall have satisfied any requirement for training as
provided by any general or local law if the person has satisfactorily
completed a training course offered by the state office of fire
prevention and control, or an equivalent course as approved by the state
office of fire prevention and control.
S. 6542--A 42
§ 75. Section 209-d of the general municipal law, as amended by chap-
ter 190 of the laws of 1958, is amended to read as follows:
§ 209-d. Contracts for outside service by volunteer fire departments
and companies. Notwithstanding any other provision of law, no contract
shall be made by a municipality or fire district whereby the services of
a volunteer fire department or company are to be supplied outside of
such municipality or fire district to provide (1) fire protection, (2)
emergency service in case of accidents, calamities or other emergencies,
or (3) general ambulance service pursuant to the provisions of section
two hundred nine-b of this [chapter] ARTICLE, unless such volunteer fire
department or company consents thereto. Any such contract may provide
for the payment of a portion of the consideration expressed therein to
such volunteer fire department or company to be expended for fire
department or company purposes only. If the municipality or fire
district owns all of the fire apparatus to be used in carrying out the
contract, the portion of the consideration which may be paid to such
volunteer fire department or company shall not exceed thirty-five per
centum, unless a greater portion was being so paid on March fifteenth,
nineteen hundred forty-one, under a contract entered into on or before
that date, in which event a not greater portion than was being paid on
said date may be paid to such volunteer fire department or company in
respect to any contract entered into on or after such date. No payments
shall be made to individual volunteer [firemen] FIREFIGHTERS as compen-
sation for rendering such outside service.
§ 76. The section heading and subdivisions 1, 2 and 3 of section 209-i
of the general municipal law, as amended by chapter 967 of the laws of
1965, are amended to read as follows:
Emergency service by volunteer [firemen] FIREFIGHTERS. 1. Whenever a
volunteer [fireman] FIREFIGHTER is within this state, but outside the
area regularly served by the fire company or fire department of which he
OR SHE is a member and has knowledge of a fire or other emergency at or
near the place where he OR SHE is for the time being, such volunteer
[fireman] FIREFIGHTER may report to the officer in command of the paid
or volunteer fire company or paid or volunteer fire department, or in
command of one of the paid or volunteer fire companies or one of the
paid or volunteer fire departments, engaged in the handling of any such
fire or other emergency and, on an individual basis, offer his OR HER
services to assist such fire company or fire department. After his OR
HER services are so accepted, the volunteer [fireman] FIREFIGHTER shall
then be entitled to all powers, rights, privileges and immunities grant-
ed by law to volunteer [firemen] FIREFIGHTERS during the time such
services are rendered, in the same manner and to the same extent as if
he OR SHE were a volunteer member of the fire company or fire department
which he OR SHE is assisting, including benefits under the volunteer
[firemen's] FIREFIGHTERS' benefit law. Any such commanding officer
shall have power, in his OR HER discretion, to so accept the services of
a volunteer [fireman] FIREFIGHTER unless the legislative body of the
city or the village, the board of fire commissioners or other governing
board of the fire district, or the town board of the town in relation to
(a) the fire companies serving territory outside villages and fire
districts or (b) a town fire department, as the case may be, by resol-
ution heretofore or hereafter adopted, has forbidden the acceptance of
any such services pursuant to this section. Any such resolution shall
continue in effect until amended or repealed by the adoption of a subse-
quent resolution. The officer in charge of any fire company or fire
S. 6542--A 43
department shall be notified promptly of the adoption of any such resol-
ution and of any amendment or repeal thereof.
2. The municipal corporation or fire district which would be liable
for the negligence of any volunteer members of the fire company or fire
department which has accepted the services of the volunteer [fireman]
FIREFIGHTER pursuant to this section shall be liable for the negligence
of such volunteer [fireman] FIREFIGHTER while acting, after such accept-
ance and during the time such services were rendered, in the discharge
of his OR HER duties as a volunteer [fireman] FIREFIGHTER in the same
manner and to the same extent as if he OR SHE were a volunteer member of
the fire company or fire department which he OR SHE assisted. If the
fire company or fire department which has so accepted the services of a
volunteer [fireman] FIREFIGHTER pursuant to this section is a paid fire
company or paid fire department, such paid fire company or paid fire
department shall, for the purposes of this subdivision and section two
hundred five-b of this [chapter] ARTICLE, be deemed to be a "duly organ-
ized volunteer fire company" within the meaning of such section two
hundred five-b.
3. As used in this section, the term "volunteer [fireman] FIREFIGHTER"
means a "volunteer [fireman] FIREFIGHTER" as such term is defined in
section three of the volunteer [firemen's] FIREFIGHTERS' benefit law;
the term "area regularly served" means the home area of the volunteer
[fireman] FIREFIGHTER as described in subdivisions one, two, three, four
or five of section thirty of the volunteer [firemen's] FIREFIGHTERS'
benefit law and, in addition, any other area served pursuant to a
contract for fire protection and the terms "fire company" and "fire
department" shall include emergency rescue and first aid squads or other
squads or units of a fire company or fire department.
§ 77. Section 209-j of the general municipal law, as amended by chap-
ter 449 of the laws of 1956, is amended to read as follows:
§ 209-j. Mutual aid programs in counties. The board of supervisors in
any county may appropriate and expend such sums as it may deem necessary
and proper for the establishment and maintenance of a county mutual aid
plan in cases of fire and other emergencies in which the services of
[firemen] FIREFIGHTERS would be used and may prescribe the method of
auditing or approving expenditures under any such appropriation.
Expenses incurred by any city, town, village or fire district partic-
ipating in such mutual aid plan shall be a lawful municipal or fire
district charge to be paid in the same manner as other like charges.
§ 78. Section 209-p of the general municipal law, as amended by chap-
ter 97 of the laws of 1958, is amended to read as follows:
§ 209-p. Relay of fire and emergency calls. The fire department of
any city may accept any calls for aid in cases of fire or other emergen-
cies made to its fire headquarters from territory outside the city and
may relay such calls for aid in fires or other emergencies by such means
as may be expedient to the fire department, fire company or fire
district serving said territory. This section shall apply only to cities
participating in any legally authorized or recognized plan for furnish-
ing mutual aid in cases of fire and other emergencies in which the
services of [firemen] FIREFIGHTERS would be used. Any city, village or
fire district, any town which has a town fire department, or any town
board on behalf of a fire protection district, fire alarm district or
territory outside any such municipal corporation or district, for which
aid is to be furnished, may contract with a city to accept and relay
such calls, as aforesaid, and the amounts payable under any such
contract shall be a lawful charge against and paid as contracted for by
S. 6542--A 44
the city, village, fire district, town which has a town fire department,
fire protection district, fire alarm district or territory outside any
such municipal corporation or district. Any city accepting and transmit-
ting fire calls from territory outside the city, pursuant to any such
contract, shall not be liable for any injury or death to persons or
damage to property as the result thereof, when it, in good faith,
complies with or attempts to comply with the provisions of this section.
§ 79. The section heading of section 209-x of the general municipal
law, as added by chapter 667 of the laws of 1984, is amended to read as
follows:
Training of certain paid city [firemen] FIREFIGHTERS promoted to a
first-line supervisory position.
§ 80. Subdivisions 1, 2 and 3 of the section 709 of general municipal
law, as added by chapter 844 of the laws of 1963, are amended to read as
follows:
1. If an annexation of territory by a city includes the entire area of
a fire district, the city, as of the date of such annexation, shall
become the owner of all of the property and property rights of the fire
district and shall assume all of the indebtedness and contract or other
liabilities of the fire district, and shall furnish fire protection, and
other emergency service which would require the services of [firemen]
FIREFIGHTERS, in the area so annexed in the same manner as in other
similar areas of the city.
2. If an annexation of territory by a city includes only a part of the
area of a fire district, the indebtedness and any contract or other
liabilities, and interest thereon, shall be a charge upon and shall be
paid by the city, as the same shall become due and payable, to the fire
district in the same proportion to the whole of any such indebtedness or
any such liability as the full valuation of the taxable real property of
the territory which is annexed bears to the full valuation of the taxa-
ble real property of the fire district prior to the annexation. Such
full valuation shall be determined in the manner provided in subdivision
twenty-one-a of section 2.00 of the local finance law. If the fire
district owns any real property or rights in real property in the terri-
tory which is annexed, the city may purchase any such property, includ-
ing any personal property used in connection therewith, from the fire
district for a fair and reasonable price to be agreed upon by the
governing boards of the city and the fire district and the board of
commissioners of the fire district shall have power to execute any
necessary instruments in relation thereto. Any such sale shall not be
subject to approval at a fire district election. If such real property
is a firehouse owned by the fire district, the city shall be required to
purchase such real property and any rights in real property appurtenant
thereto from the fire district. If the governing boards of the city and
the fire district cannot agree on a fair and reasonable price therefor,
the city shall proceed to acquire such real property and any such rights
by condemnation in the same manner as if the property was owned by an
individual. The city shall furnish fire protection, and other emergency
service which would require the services of [firemen] FIREFIGHTERS, in
the area so annexed in the same manner as in other similar areas of the
city.
3. If an annexation of territory of a city includes the entire area of
a fire protection district or of a fire alarm district, the city shall
furnish fire protection, and other emergency service which would require
the services of [firemen] FIREFIGHTERS, in the area so annexed in the
same manner as in other similar areas of the city.
S. 6542--A 45
§ 81. Subdivision 5 of section 800 of the general municipal law, as
amended by chapter 88 of the laws of 1980, is amended to read as
follows:
5. "Municipal officer or employee" means an officer or employee of a
municipality, whether paid or unpaid, including members of any adminis-
trative board, commission or other agency thereof and in the case of a
county, shall be deemed to also include any officer or employee paid
from county funds. No person shall be deemed to be a municipal officer
or employee solely by reason of being a volunteer [fireman] FIREFIGHTER
or civil defense volunteer, except a fire chief or assistant fire chief.
§ 82. Section 57 of the second class cities law, as amended by chapter
1068 of the laws of 1974, is amended to read as follows:
§ 57. Additional powers and duties. The mayor shall have such other
powers and perform such other duties as may be prescribed in this chap-
ter or by other laws of the state or by ordinance of the common council,
not inconsistent with law. In case of riot, conflagration or other
public emergency requiring it, the mayor shall have power to call out
the police and [firemen] FIREFIGHTERS; he OR SHE shall also have power
to appoint such number of special [policemen] POLICE OFFICERS as he OR
SHE may deem necessary to preserve the public peace. Such special
[policemen] POLICE OFFICERS shall be under the sole control of the regu-
larly appointed and constituted officers of the police department. They
have shall have power to make arrests only for disorderly conduct or
other offenses against peace or good order. In case of riot or insurrec-
tion, he OR SHE may take command of the whole police force, including
the chief executive officer thereof.
§ 83. Subdivision 5 of paragraph a of section 29.00 of the local
finance law, as amended by chapter 624 of the laws of 1965, is amended
to read as follows:
5. Any municipality or fire district may issue budget notes during any
fiscal year to provide for the payment in such fiscal year of the cost
of insurance secured to indemnify against liability for benefits payable
under the volunteer [firemen's] FIREFIGHTERS' benefit law and for which
cost an insufficient or no provision was made in the annual budget of
the municipality or fire district for such fiscal year. The aggregate
amount of any such notes which may be issued for such purpose in a
fiscal year commencing after December thirty-first, nineteen hundred
sixty-five, shall not exceed the sum by which the actual cost of such
insurance to be paid in the fiscal year in which such notes are issued
exceeds the actual cost of such insurance in the fiscal year prior to
the fiscal year in which such notes are issued; provided, however, that
this limitation shall not apply in a case where the municipality or fire
district has not incurred any such cost in the fiscal year prior to that
in which such notes are issued.
§ 84. Paragraph f of subdivision 1 of section 11 of the municipal home
rule law, as amended by chapter 21 of the laws of 1992, is amended to
read as follows:
f. Applies to or affects any provision of paragraph (c) of subdivision
one of section 8-100 of the election law, the labor law, sections two,
three and four of chapter one thousand eleven of the laws of nineteen
hundred sixty-eight, entitled "An act in relation to the maximum hours
of labor of certain municipal and fire district [firemen] FIREFIGHTERS
and the holidays of [firemen] FIREFIGHTERS and [policemen] POLICE OFFI-
CERS, repealing certain sections of the labor law relating thereto, and
to amend the municipal home rule law, in relation thereto," as amended,
the volunteer [firemen's] FIREFIGHTERS' benefit law, or the [workmen's]
S. 6542--A 46
WORKERS' compensation law or changes any provision of the multiple resi-
dence law or the multiple dwelling law, except that in a city of one
million persons or more, the provisions of local law for the enforcement
of the housing code which is not less restrictive than the multiple
dwelling law may be applied in the enforcement of the multiple dwelling
law.
§ 85. Section 15 of the general city law, as amended by chapter 88 of
the laws of 1980, is amended to read as follows:
§ 15. [Firemen] FIREFIGHTERS moving from one city to another. The
[firemen] FIREFIGHTERS of the different cities of this state, in case of
removal from one city to another, shall be allowed the time which they
have served as such [firemen] FIREFIGHTERS in the city they left, in the
city to which they have removed, upon producing a certificate of such
service, signed by the chief of the city so left, and being appointed
[firemen] FIREFIGHTERS in the city to which they have removed.
§ 86. Section 16 of the general city law is amended to read as
follows:
§ 16. Term of service; how reckoned. When any such [fireman] FIRE-
FIGHTER shall have served as such for so long a time thereafter as shall
make the whole term of service the same as required by law of [fireman]
FIREFIGHTERS residing in the city removed to, he shall be entitled to
all the privileges and exemptions secured by law to the [fireman] FIRE-
FIGHTERS of the cities of Albany and New York.
§ 87. Subdivisions 5, 6, 7, 9, paragraph 3 of subdivision 13 and para-
graph (a) of subdivision 14 of section 16-a of the general city law,
subdivisions 5, 6 and 9 as amended by chapter 523 of the laws of 1958,
subdivision 7 as amended by chapter 185 of the laws of 1984, paragraph 3
of subdivision 13 as amended by chapter 373 of the laws of 2011, and
paragraph (a) of subdivision 14 as amended by chapter 215 of the laws of
1978, are amended to read as follows:
5. Any fire company may authorize the continued membership of any
volunteer member where such member notifies the secretary of his OR HER
fire company (a) that he OR SHE plans to change his OR HER residence to
territory which is not in the city and is not protected by the fire
department of the city, or any fire company thereof, pursuant to a
contract for fire protection, and (b) that by reason of his OR HER resi-
dence in the vicinity and his OR HER usual occupation he OR SHE will be
available to render active service as a volunteer [fireman] FIREFIGHTER
in the city or in territory outside the city which is afforded fire
protection pursuant to a contract for fire protection by the fire
department of the city, or a fire company thereof. Such authorization
shall be pursuant to the by-laws, if any, of the fire company of which
he OR SHE is a member, otherwise by a three-fourths vote of the members
of such fire company present and voting at a regular or special meeting
thereof. Such authorization shall not become effective unless approved
by resolution of the board of fire commissioners or other body or offi-
cer hereinabove mentioned. Any membership continued pursuant to the
provisions of this subdivision shall terminate when the member cannot
meet either the requirements of this subdivision or the residence
requirements of subdivision three. In the case of a city which adjoins
another state, the term "vicinity", as used in this subdivision,
includes territory in this state and territory in the adjoining state.
6. A person who cannot meet the residence requirements of subdivision
three OF THIS SECTION may be elected to membership as a volunteer member
of any fire company of the fire department if by reason of his OR HER
residence in the vicinity and his OR HER usual occupation he OR SHE will
S. 6542--A 47
be available to render active service as a volunteer [fireman] FIRE-
FIGHTER in the city or in territory which is afforded fire protection
pursuant to a contract for fire protection by the fire department of the
city or a fire company thereof. Such authorization shall be pursuant to
the by-laws, if any, of the fire company; otherwise by a three-fourths
vote of the members of the fire company present and voting at a regular
or special meeting thereof. Such authorization shall not become effec-
tive unless approved by resolution of the board of fire commissioners or
other body or officer hereinabove mentioned. The membership of any
volunteer member elected pursuant to the provisions of this subdivision
shall terminate when the member cannot meet either the requirements of
this subdivision or the residence requirements of subdivision three. In
the case of a city which adjoins another state, the term "vicinity", as
used in this subdivision, includes territory in this state and territory
in the adjoining state.
7. The membership of any volunteer [fireman] FIREFIGHTER shall not be
continued pursuant to subdivision five OF THIS SECTION, and persons
shall not be elected to membership pursuant to subdivision six OF THIS
SECTION, if, by so doing, the percentage of such non-resident members in
the fire company would exceed forty-five per centum of the actual
membership of the fire company.
9. Residents of outside territory protected pursuant to a contract for
fire protection who have been elected to volunteer membership, and non-
residents whose volunteer memberships have been authorized or continued
pursuant to subdivision five or six, shall have all the powers, duties,
immunities, and privileges of resident volunteer members, except (1)
they may not be elected or appointed to any office of the fire depart-
ment which is required by law to be held by an elector of the city, (2)
non-residents of the state may not be appointed or elected to any office
in the fire company or fire department, and (3) a non-resident of this
state whose membership has been continued pursuant to subdivision five
OF THIS SECTION, or a non-resident of this state who was elected to
membership pursuant to subdivision six of this section, shall not be
considered to be performing any firemanic duty, or to be engaged in any
firemanic activity, as a member of the fire company while he OR SHE is
outside of this state unless and until he OR SHE has first reported to
the officer or [fireman] FIREFIGHTER in command of his OR HER fire
department, or any company, squad or other unit thereof, engaged or to
be engaged in rendering service outside this state, or has received
orders or authorization from an officer of the fire department or fire
company to participate in or attend authorized activities outside of
this state in the same manner as resident members of the fire company.
(3) who was, at the time of his OR HER election to membership, a resi-
dent of the city or of territory outside the city which was afforded
fire protection by the fire department of the city, or any fire company
thereof, pursuant to a contract for fire protection, or who was a non-
resident who was elected to membership or who was continued as a member,
pursuant to the provisions of subdivision five or six of this section,
shall for all purposes in law be considered to have been duly elected
and approved, or continued, as a member in such fire company as of the
date of such approval, if any, and, if none, then as of the date of such
election or, in the case of a continuance, as of the date of the
approval, if any, by the board of fire commissioners or the governing
board, and, if none, as of the date of authorization of continuance by
the fire company; notwithstanding that there may have been some legal
defect in such election, or the proceedings precedent thereto, or a
S. 6542--A 48
failure of the board of fire commissioners or governing board to approve
such member, or approve the continuance of membership of such member, as
provided by the law in force at the time of such election, or contin-
uance, and the status of such person as a volunteer [fireman] FIREFIGHT-
ER as of such date is hereby legalized, validated and confirmed. This
subdivision shall not apply to a person, if any, whose volunteer member-
ship in a fire company was disapproved by the board of fire commission-
ers or declared invalid by a court of competent jurisdiction prior to
the first day of January, two thousand eleven.
(a) It shall be an unlawful discriminatory practice for any volunteer
fire department or fire company, through any member or members thereof,
officers, board of fire commissioners or other body or office having
power of appointment of volunteer [firemen] FIREFIGHTERS in any fire
department or fire company pursuant to this section, because of the
race, creed, color, national origin, sex or marital status of any indi-
vidual, to exclude or to expel from its volunteer membership such indi-
vidual, or to discriminate against any of its members because of the
race, creed, color, national origin, sex or marital status of such
volunteer members.
§ 88. Subdivision 12-a of section 20 of the general city law, as
amended by chapter 138 of the laws of 1986, is amended to read as
follows:
12-a. May appropriate moneys to a fire department to fund an annual
[fireman's] FIREFIGHTER'S inspection dinner for volunteer firefighters
and the city of Glen Cove may appropriate moneys to a fire department to
fund an annual dinner for installation of fire district officers.
§ 89. Paragraph (a) of subdivision 1 of section 20 of the town law, as
amended by chapter 252 of the laws of 1990, is amended to read as
follows:
(a) Every town of the first class shall have a supervisor, four town
[councilmen] COUNCIL MEMBERS, unless the number of [councilmen] COUNCIL
MEMBERS shall have been increased to six or decreased to two as provided
by this chapter, a town clerk, two town justices, a town superintendent
of highways, one assessor, a receiver of taxes and assessments, as many
town [policemen] POLICE OFFICERS and such other employees as the town
board may determine necessary for the proper conduct of the affairs of
the town. The supervisor, town [councilmen] COUNSEL MEMBERS, town clerk,
town justices, town superintendent of highways and receiver of taxes and
assessments in every such town shall be elective. All other officers and
employees in such a town shall be appointed by the town board, except as
otherwise provided by law. In any town in which a town police department
has been established pursuant to law, or which town is a part of a coun-
ty police district, the town board may appoint not more than four civil
officers who shall possess all the powers and duties of constables in
civil actions and proceedings only, and shall be paid no salary by the
town board but shall be entitled to collect the statutory fees allowed
by law in such civil actions and proceedings. The clerk of the court of
a town shall be employed and discharged from employment only upon the
advice and consent of the town justice or justices.
§ 90. Section 25-a of the town law, as amended by section 171 of
subpart B of part C of chapter 62 of the laws of 2011, is amended to
read as follows:
§ 25-a. Fingerprints of persons before appointment as town [policemen]
POLICE OFFICERS, or as constables possessing powers in criminal matters.
No person shall be appointed or reappointed a member of the police
department, or a special [policeman] POLICE OFFICER, or a constable not
S. 6542--A 49
limited to powers and duties in civil actions and proceedings only, in
any town, who shall not previously, for the purposes of this section,
have submitted fingerprints in the form and manner prescribed by the
division of criminal justice services to the town board or other board
or officer of the town empowered by law to make such appointment or
reappointment, and it shall be the duty of such board or officer, before
making such appointment or reappointment, to compare or cause to be
compared such fingerprints with fingerprints filed with the division of
criminal justice services; provided, however, that in any case where the
fingerprints of any such person shall once have been submitted pursuant
to this section and are on file with the board empowered to make the
appointment or reappointment, no new submission thereof shall be
required, nor shall such board be required to make or cause to be made
such comparison if such comparison shall have been made previously
pursuant to this section and certification thereof by such department is
on file with such board.
§ 91. Subdivisions 1 and 3 of section 27 of the town law, subdivision
1 as amended by chapter 1097 of the laws of 1971, and subdivision 3 as
added by chapter 85 of the laws of 1942, are amended to read as follows:
1. The town board of each town shall fix, from time to time, the sala-
ries of all officers and employees of said town, whether elected or
appointed, and determine when the same shall be payable. The town board
shall not fix the salaries of the members of the town board, an elected
town clerk or an elected town superintendent of highways at an amount in
excess of the amounts respectively specified in the notice of hearing on
the preliminary budget published pursuant to section one hundred eight
of this chapter. However, the annual salary of any such elected officer
may be increased, for not more than one fiscal year, in excess of the
amount specified in the notice of hearing on the preliminary budget
local law adopted pursuant to the municipal home rule law. Salaries
shall be in lieu of all fees, charges or compensation for all services
rendered to the town or any district or subdivision thereof, pursuant to
law, except that the supervisor shall not be required to account for and
pay over such fees, salary or other compensation that he OR SHE may
receive or be entitled to from the county in which he OR SHE is elected,
for services rendered by him OR HER as a member of the board of supervi-
sors. No town officer or employee shall retain any fees or moneys
received by him OR HER in connection with his OR HER office but such
fees or money shall be the property of the town and be paid to the
supervisor not later than the fifteenth day of each month following the
receipt thereof, excepting such fees and moneys the application and
payment of which are otherwise provided for by law. Every officer or
employee, except a town justice, is hereby required to submit monthly to
the supervisor a verified statement of all moneys received by him OR HER
and to pay such moneys to the supervisor who shall deliver his OR HER
receipt therefor. Unless such verified statement and payment be made,
such officer or employee shall not be paid any further portion of his OR
HER salary until a report be submitted of any moneys paid as herein
provided. The said provisions shall not affect a receiver of taxes and
assessments who deposits the money collected directly to the credit of
the supervisor and whose monthly report is equivalent to a receipt from
the supervisor. Provisions of this subdivision shall not preclude the
town from hiring laborers, clerical assistants and stenographers, and
compensating them upon the hourly or daily basis. Notwithstanding any
provision of the penal law, the civil practice law and rules, the crimi-
nal procedure law, the uniform justice court act, or any other general,
S. 6542--A 50
special or local law, no [policeman] POLICE OFFICER, special [police-
man,] police officer or constable of any such town shall retain for his
OR HER own use fees, per diem or other compensation received by him OR
HER from the state, the county, or any other municipality, or a private
corporation or a person, in or for the performance of the duties of his
OR HER office, whether such duties be of an administrative, legislative,
judicial or other nature, but all such fees and moneys so received by
him OR HER shall be the property of the town of which he OR SHE is an
officer and be paid to the supervisor not later than the fifteenth day
of each month following the receipt thereof. No town justice of any town
shall retain for his OR HER own use fees, per diem or other compensation
received by him OR HER from the state, the county, or any other munici-
pality or a private corporation or a person, in or for the performance
of the duties of his OR HER office, whether such duties be of an admin-
istrative, legislative, judicial, or other nature, but all such fees and
moneys so received shall, unless otherwise provided by law, be the prop-
erty of the town of which he OR SHE is an officer and shall be paid by
such justice to the state comptroller within the first ten days of the
month following collection. Each such payment shall be accompanied by a
true and complete report in such form and detail as the comptroller
shall prescribe. In the event that a justice shall not receive any such
fees and moneys during any month he OR SHE shall report this fact to the
state comptroller within the first ten days of the succeeding month.
Upon receipt of notice from the state comptroller that a justice has not
properly reported or properly accounted for any moneys received by such
justice, it shall be unlawful for the town to make any further payment
of compensation to such justice until receipt of a notice from the comp-
troller that a proper accounting has been made. In all towns the sala-
ries of all town justices shall be equal except that the town board may
determine by a majority vote to pay salaries in different amounts. Fees
payable by virtue of the civil practice law and rules and section
sixty-eight-a of the public officers law, for taking oaths and acknowl-
edgment, shall not be deemed to be fees within the meaning of this
section, but may be retained, or the payment thereof waived, by the
officer taking the same.
3. Notwithstanding the provisions of subdivision one of this section,
the town board of any town which shall not have established a police
department, may adopt a resolution determining that the police officers
of such town, including special [policemen] POLICE OFFICERS and consta-
bles, shall be compensated by annual salary or by the week, day or hour
for services actually and necessarily performed by them in all matters
other than civil actions and proceedings, and that such police officers
shall be entitled to collect and retain for their own use, the fees,
mileage, poundage and other compensation allowed by law for services in
civil actions and proceedings.
§ 92. Section 39 of the town law is amended to read as follows:
§ 39. Powers and duties of constables and town [policemen] POLICE
OFFICERS. Constables and town [policemen] POLICE OFFICERS shall have all
the power and authority conferred upon constables by the general laws of
the state and such additional powers, not inconsistent with law, as
shall be conferred upon them by the town board. They shall be subject to
the general authority and direction of the town board and to such orders
and regulations as the town board may prescribe, not inconsistent with
law.
§ 93. Section 139 of the town law, as added by chapter 470 of the laws
of 1966, is amended to read as follows:
S. 6542--A 51
§ 139. Agreements with fire districts. If in the judgment of the town
board it is advisable for the safety and welfare of the inhabitants of a
fire district in the town that the issuance of a town fire permit to
burn grass, leaves, brush, rubbish, refuse, buildings or other materials
in a fire district should be issued, and preliminary investigations in
relation thereto should be made, by a person or persons most familiar
with local grass and brush fire hazard conditions in the fire district
and the availability of fire-fighting vehicles and [firemen] FIREFIGHT-
ERS, then the town board, notwithstanding the provisions of section one
hundred thirty-eight of this chapter, may provide in any fire prevention
code, whether adopted by local law or by ordinance, that an agreement
may be entered into with the board of fire commissioners of any fire
district located wholly or partly in the town that the issuance of such
permits, and preliminary investigations in relation thereto, on behalf
of the town will be performed by the fire district within the limits of
such district in such town, the fire district to utilize the services of
the chief engineer and assistant engineers of the fire district fire
department in the performance of such duties agreed to be performed by
the fire district. Any such agreement shall be for such period of time
and on such terms as may be agreed upon, except that it shall provide
(1) that it may be terminated by the town after written notice to the
fire district and after a change in such fire prevention code to provide
a different procedure for issuing such permits will become effective and
(2) that it may be terminated by the fire district upon sixty days writ-
ten notice to the town. If any fire prevention code contains such a
provision authorizing such an agreement, the town board of the town and
the board of fire commissioners of any fire district located wholly or
partly in the town shall have power to enter into such agreement.
§ 94. Subdivision 1 of section 150 of the town law, as amended by
chapter 843 of the laws of 1980, is amended to read as follows:
1. The town board of any town may establish a police department and
appoint a chief of police and such officers [and patrolmen] as may be
needed and fix their compensation. The compensation of such [policemen]
POLICE OFFICERS shall be a town charge; providing however, no assessment
on property in any village within any town or partially within any town
shall be made for the maintenance or operation of a town police depart-
ment established after January first, nineteen hundred sixty, pursuant
to this section if any such village maintains a police department of
four or more [policemen] POLICE OFFICERS on an annual full-time basis,
established and maintained under the rules of civil service. The town
board may, at its option, determine that the town shall pay all or part
of the cost of the uniforms and necessary equipment of its [policemen]
POLICE OFFICERS, and may purchase such equipment for use by the police
department as it shall deem necessary, including police patrol vehicles,
and emergency service vehicles for police use in connection with acci-
dents, public calamities or other emergencies. No assessment on property
in any village within any town in the county of Suffolk or in any
village within the town of Fallsburgh shall be made for the maintenance
or operation of such town police department, if any such village main-
tains a police department of two or more [policemen] POLICE OFFICERS on
an annual basis. In the event that a town has established a police
department prior to January first, nineteen hundred sixty, the town
board of such town may enter into an agreement with any village within
it or partially within it which maintains a police department of four or
more [policemen] POLICE OFFICERS on an annual full-time basis, estab-
lished and maintained under the rules of civil service and determine
S. 6542--A 52
therein what part of the cost thereof shall be assessed against the
property in the village and what part thereof shall be assessed against
the property in the town outside of the village. Thereafter such
portion of the cost thereof determined to be assessed outside of the
village shall be a charge against that part of the town outside of the
village and assessed, levied and collected from the taxable property of
that part of the town outside of the village. When appointed, such
[policemen shall be] police officers [and] shall have all the powers and
be subject to all the duties and liabilities of a police officer in all
criminal actions and proceedings and special proceedings of a criminal
nature.
§ 95. Section 157 of the town law is amended to read as follows:
§ 157. Absentee leave. Every member of such police department shall be
entitled, in addition to any vacation or absentee leave now prescribed
by law, to one day of rest in seven. The chief or acting chief of the
police department shall keep a time book showing the name and shield
number of each member of the department and the hours worked by each of
such [policemen] POLICE OFFICERS in each day. The town board may make a
variation from the above prescribed hours of vacation, provided the
member shall receive during each year the actual number of days absentee
leave to which he OR SHE is entitled. The town board, at its option,
may, in addition to the days of rest hereinbefore provided, grant an
annual vacation with pay. Whenever the town board shall designate any
[policeman] POLICE OFFICER to attend police school, such attendance
shall be deemed in the course of duty and when so attending he OR SHE
shall receive his OR HER usual pay and reimbursement for actual and
necessary expenses. Sick leave with full pay may be granted whenever
such sickness or disability has been incurred without the delinquency of
the [policeman] POLICE OFFICER.
§ 96. Section 158 of the town law, as amended by chapter 584 of the
laws of 1939, subdivision 1 as amended by chapter 308 of the laws of
1966, and subdivision 2 as amended by chapter 601 of the laws of 1941,
is amended to read as follows:
§ 158. Special [policemen] POLICE OFFICERS. 1. The town board of any
town of the first class and the town board of any town of the second
class which shall have a population of five thousand or more as shown by
the latest federal census, whether there be a police department in and
for such town or not, may employ temporary police officers from time to
time as the town board may determine their services necessary. Such
police officers shall be known as "special [policemen] POLICE OFFICERS"
and shall have all the power and authority conferred upon constables by
the general laws of the state and such additional powers, not inconsist-
ent with law, as shall be conferred upon them by the town board. They
shall be subject to the general authority and direction of the town
board and to such orders and regulations as the town board may
prescribe, not inconsistent with law. Such special [policemen] POLICE
OFFICERS shall serve at the pleasure of the town board and the town
board shall fix their compensation and may purchase uniforms and equip-
ment therefor but no such special [policemen] POLICE OFFICERS shall be
appointed nor any expense incurred by reason thereof unless said town
board shall have provided therefor in its annual budget, previously
adopted, and no expenditure shall be made in excess of the budget appro-
priation therefor. Such special police shall be appointed in accordance
with the civil service law and rules. Provided, however, and notwith-
standing the foregoing provisions of this section, the town board of any
such town may, when in their judgment necessary for the preservation of
S. 6542--A 53
the public peace during any emergency period of sixty days or less,
appoint and at pleasure remove within such period additional special
[policemen] POLICE OFFICERS not exceeding five in number, without exam-
ination, and fix their compensation which shall be a town charge and be
paid from moneys available for expenditure for general town purposes.
2. The town board of a town of the second class which shall have a
population of less than five thousand as shown by the latest federal
census, may adopt a resolution, subject to a permissive referendum,
determining to employ one or more temporary police officers, provided
that such town has a population of one thousand or more according to the
latest federal census or that such town adjoins a city. Towns having a
population in excess of one thousand may employ one additional temporary
police officer for each one thousand population in excess of the first
one thousand but the total number of police officers so employed shall
not exceed five. Such police officers shall be known as "special
[policemen] POLICE OFFICERS" and shall have all the power and authority
conferred upon constables by the general laws of the state and such
additional powers, not inconsistent with law, as shall be conferred upon
them by the town board. They shall be subject to the general authority
and direction of the town board and to such orders and regulations as
the town board may prescribe, not inconsistent with law. Such special
[policemen] POLICE OFFICERS shall serve at the pleasure of the town
board and the town board shall fix their compensation and may purchase
uniforms and equipment therefor. The compensation of such officer or
officers, and the expense of the uniforms and equipment therefor if
purchased by the town board, shall be a town charge and the amount ther-
eof shall be assessed and levied upon the taxable property of the town
and collected in the same manner as other town charges are assessed,
levied and collected.
Notwithstanding such limitations upon their number, any such town may
employ not more than five temporary police officers for a period of not
to exceed three days in any calendar week.
§ 97. Subdivisions 4-a and 14, paragraphs 4, 5, 7, and 8 and the
eighth undesignated paragraph of subdivision 18, subdivision 18-a, the
first undesignated paragraph of subdivision 22, and subdivision 33 of
section 176 of the town law, subdivision 4-a as amended by chapter 550
of the laws of 1983, subdivision 14 as amended by chapter 645 of the
laws of 1935, paragraphs 4, 5 and 7 of subdivision 18 as amended by
chapter 28 of the laws of 1969, paragraph 8 of subdivision 18 as amended
by chapter 805 of the laws of 1984, the eighth undesignated paragraph of
subdivision 18 as added by chapter 109 of the laws of 1978, subdivision
18-a as amended by chapter 831 of the laws of 1980, the first undesig-
nated paragraph of subdivision 22 as amended by chapter 705 of the laws
of 1967, and subdivision 33 as added by chapter 571 of the laws of 1983,
are amended to read as follows:
4-a. Shall audit all claims against the fire district and shall, by
resolution, order the payment thereof by the fire district treasurer in
the amounts allowed. Except as otherwise provided by this subdivision,
no such claim shall be audited or ordered paid by the board of fire
commissioners unless an itemized voucher therefor, in such form as the
board of fire commissioners shall prescribe, shall have been presented
to the board of fire commissioners for audit and allowance. The board of
fire commissioners may provide by resolution that no such claims may be
presented, audited or paid unless they be either verified under oath,
or, in lieu of such verification, certified, to be true and correct in a
statement signed by or on behalf of the claimant. The provisions of this
S. 6542--A 54
subdivision shall not be applicable to claims for the payment of fixed
salaries, compensation for services of officers or employees regularly
engaged by the fire district at agreed wages by the hour, day, week,
month or year unless so required by resolution of the board of fire
commissioners adopted at the organization meeting in the month of Janu-
ary, the principal of or interest on obligations issued by the fire
district, fixed amounts becoming due on lawful contracts for the
purchase of water for fire protection, and amounts which the fire
district may be required to pay to the state employees' retirement
system on account of contributions for past and current services of
[firemen] FIREFIGHTERS. The board of fire commissioners may, further,
by resolution authorize the payment in advance of audit of claims for
light, telephone, postage, freight and express charges. All such claims
shall be presented at the next regular meeting for audit, and the claim-
ant and the officer incurring or approving the same shall be jointly and
severally liable for any amount disallowed by the board of fire commis-
sioners.
14. For the preservation, protection and storing of fire apparatus and
equipment and for the social and recreational use of the [firemen] FIRE-
FIGHTERS and residents of the district and for any of the purposes
authorized by law, may acquire by purchase, lease, gift, devise or by
condemnation, real property and erect, construct, alter, repair and
equip suitable buildings, and may furnish necessary supplies for such
purposes, and may lease portions thereof not required for fire district
purposes. All real property required by any fire district for any
purpose authorized by this article shall be deemed to be required for
public use and may be acquired by such fire district.
(4) the compensation of paid fire district officers, fire department
officers, [firemen] FIREFIGHTERS and other paid personnel of the fire
department,
(5) contributions to the New York state employees' retirement system
and the New York state [policemen's] AND LOCAL POLICE and [firemen's]
FIRE retirement system on account of past and current services of paid
fire district officers and employees, including the paid officers,
[firemen] FIREFIGHTERS and other personnel of the fire department,
(7) the cost of insurance secured to indemnify the fire district
against liability for benefits or compensation required to be paid or
furnished under or pursuant to the volunteer [firemen's] FIREFIGHTERS'
benefit law and [workmen's] WORKERS' compensation law, or for the
payment of the benefits or compensation required to be paid or furnished
under or pursuant to such laws by a fire district which is a self-insur-
er under such laws, to the extent that such benefits and compensation
have not been recovered in such fiscal year under section twenty of the
volunteer [firemen's] FIREFIGHTERS' benefit law or section twenty-nine
of the [workmen's] WORKERS' compensation law,
(8) the cost of blanket accident insurance purchased under the
provisions of section four thousand two hundred thirty-seven of the
insurance law to insure volunteer [firemen] FIREFIGHTERS against injury
or death resulting from bodily injuries sustained by such [firemen]
FIREFIGHTERS in the performance of their duties,
The foregoing limitation on expenditures shall not be applicable to
contributions to the state's unemployment insurance fund on account of
salaries paid to fire district officers and employees, including the
paid officers, [firemen] FIREFIGHTERS and other personnel of the fire
department.
S. 6542--A 55
18-a. May employ such persons as may be necessary to effectuate the
objects and purposes of the district. Persons may be employed as paid
[firemen] FIREFIGHTERS, however, only after a public hearing in relation
to such employment. Any such hearing shall be held by the board of fire
commissioners and the notice of the hearing shall state the time when
and place in the district where the hearing will be held, the number of
paid [firemen] FIREFIGHTERS to be employed and the total annual amount
to be spent for the salaries or other compensation of such [firemen]
FIREFIGHTERS. The notice shall be published in the official newspaper of
the district at least once not more than twenty nor less than ten days
before the hearing.
May contract for the furnishing of fire protection within the fire
district with any city, village, fire district, or incorporated fire
company having its headquarters outside such fire district and maintain-
ing adequate and suitable apparatus and appliances for the furnishing of
fire protection in such district; provided there is no fire company
maintaining its headquarters in said district or provided the fire
department of said district is, in the judgment of such fire commission-
ers, unable to render adequate and prompt fire protection to such
district or any area thereof. The contract also may provide for the
furnishing of (1) emergency service in case of accidents, calamities or
other emergencies in connection with which the services of [firemen]
FIREFIGHTERS would be required and (2) general ambulance service
subject, however, to the provisions of section two hundred nine-b of the
general municipal law. In the event that the fire department or fire
company furnishing fire protection within the district pursuant to
contract does not maintain and operate an ambulance and provision has
not otherwise been made for ambulance service for the area of the
district pursuant to section one hundred twenty two-b of the general
municipal law then a separate contract may be made for the furnishing
within the district of emergency ambulance service or general ambulance
service, or both, with any city, village or fire district the fire
department of which, or with an incorporated fire company having its
headquarters outside the district which, maintains and operates an ambu-
lance subject, however, in the case of general ambulance service, to the
provisions of section two hundred nine-b of the general municipal law.
33. May authorize the use of fire equipment and apparatus belonging to
the fire district for the purpose of participation in the funeral of a
deceased member or former member of a fire department or fire company
within the district including the transportation of the body of the
deceased [fireman] FIREFIGHTER.
§ 98. Subdivision 2 of section 176-a of the town law, as amended by
chapter 511 of the laws of 1974, is amended to read as follows:
2. If an agreement in relation to the issuance of fire permits is
entered into between the town board and the board of fire commissioners
pursuant to section one hundred thirty-nine and subdivision twenty-four
of section one hundred seventy-six of this chapter, the duties performed
for the fire district by the chief, or an assistant chief, of the fire
district fire department in relation to the issuance of the fire permit,
or any preliminary investigation in connection therewith shall, in the
case of any such officer who is a volunteer [fireman] FIREFIGHTER, be
deemed to have been performed by him OR HER in his OR HER capacity as
such and to be a duty within the meaning of paragraph c of subdivision
one of section five of the volunteer [firemen's] FIREFIGHTERS' benefit
law and shall, in the case of any such officer who is a paid [fireman]
FIREFIGHTER, be deemed to have been performed by him OR HER in his OR
S. 6542--A 56
HER capacity as such and to be a duty within the meaning of section two
hundred seven-a of the general municipal law and other laws applicable
in the event of injuries to or death of paid [firemen] FIREFIGHTERS in
line of duty. A chief or an assistant chief who is a volunteer [fireman]
FIREFIGHTER shall not receive any remuneration for his OR HER services
in relation to the issuance of such permits and any investigation in
relation thereto, and any such officer who is a paid [fireman] FIRE-
FIGHTER shall not receive any additional remuneration above his OR HER
regular salary for any such service. Any such officer shall, however, be
entitled to his OR HER actual and necessary travel expenses or mileage
in connection with such services as provided in section one hundred
seventy-eight-c of this [chapter] ARTICLE.
§ 99. Subdivisions 5, 6, and 9, paragraph 3 of subdivision 13, and
paragraph (a) of subdivision 15 of section 176-b of the town law, subdi-
vision 5 as amended by chapter 273 of the laws of 1973, subdivision 6 as
amended by chapter 213 of the laws of 1971, subdivision 9 as amended by
chapter 351 of the laws of 2000, paragraph 3 of subdivision 13 as added
by chapter 12 of the laws of 1955, and paragraph (a) of subdivision 15
as amended by chapter 215 of the laws of 1978, are amended to read as
follows:
5. Any fire company may authorize the continued membership of any
volunteer member where such member notifies the secretary of his OR HER
fire company (a) that he OR SHE plans to change his OR HER residence to
territory which is not in the fire district and is not protected by the
fire department of the district, or any fire company thereof, pursuant
to a contract for fire protection, and (b) that by reason of his OR HER
residence in the vicinity or his OR HER usual occupation he OR SHE will
be available to render active service as a volunteer [fireman] FIRE-
FIGHTER in the fire district or in territory outside the fire district
which is afforded fire protection pursuant to a contract for fire
protection by the fire department of the fire district, or a fire compa-
ny thereof. Such authorization shall be pursuant to the by-laws, if any,
of the fire company of which he OR SHE is a member, otherwise by a
three-fourths vote of the members of such fire company present and
voting at a regular or special meeting thereof. Such authorization shall
not become effective unless approved by resolution of the board of fire
commissioners. Such authorization shall be deemed to have been approved
pursuant to this subdivision in the event that no action is taken by the
board of fire commissioners, either approving or disapproving, within
forty days after service of written notice of such authorization shall
have been made by the secretary of the fire company upon the secretary
of the board of fire commissioners, either personally or by mail. Any
membership continued pursuant to the provisions of this subdivision
shall terminate when the member cannot meet either the requirements of
this subdivision or the residence requirements of subdivision three OF
THIS SECTION. In the case of a fire district which adjoins another
state, the term "vicinity", as used in this subdivision, includes terri-
tory in this state and territory in the adjoining state.
6. A person who cannot meet the residence requirements of subdivision
three OF THIS SECTION may be elected to membership as a volunteer member
of any fire company of the fire department if by reason of his OR HER
residence in the vicinity or his OR HER usual occupation he OR HER will
be available to render active service as a volunteer [fireman] FIRE-
FIGHTER in the fire district or in territory which is afforded fire
protection pursuant to a contract for fire protection by the fire
department of the fire district, or a fire company thereof. Such
S. 6542--A 57
election shall be pursuant to the by-laws, if any, of the fire company;
otherwise by a three-fourths vote of the members of the fire company
present and voting at a regular or special meeting thereof. The member-
ship of any person so elected shall not become effective unless approved
by resolution of the board of fire commissioners. Membership shall be
deemed to have been approved pursuant to this subdivision in the event
that no action is taken by the board of fire commissioners, either
approving or disapproving within seventy days after service of written
notice of election to membership shall have been made by the secretary
of the fire company upon the secretary of the board of fire commission-
ers, either personally or by mail. The membership of any volunteer
member elected pursuant to the provisions of this subdivision shall
terminate when the member cannot meet either the requirements of this
subdivision or the residence requirements of subdivision three OF THIS
SECTION. In the case of a fire district which adjoins another state,
the term "vicinity", as used in this subdivision, includes territory in
this state and territory in the adjoining state.
9. Residents of outside territory which is protected pursuant to a
contract for fire protection who have been elected to volunteer member-
ship, and non-residents whose volunteer memberships have been continued
or authorized pursuant to subdivision five or six of this section may be
elected or appointed to any office in the fire company or fire depart-
ment and, shall have all the powers, duties, immunities, and privileges
of resident volunteer members, except a non-resident of this state whose
membership has been continued pursuant to subdivision five OF THIS
SECTION, or a non-resident of this state who was elected to membership
pursuant to subdivision six of this section, shall not be considered to
be performing any firemanic duty, or to be engaged in any firemanic
activity, as a member of the fire company while he OR SHE is outside of
this state unless and until he OR SHE has first reported to the officer
or [fireman] FIREFIGHTER in command of his OR HER fire department, or
any company, squad or other unit thereof, engaged or to be engaged in
rendering service outside this state, or has received orders or authori-
zation from an officer of the fire department or fire company to partic-
ipate in or attend authorized activities outside of this state in the
same manner as resident members of the fire company.
(3) who was, at the time of his OR HER election to membership, a resi-
dent of the fire district or of territory outside the fire district
which was afforded fire protection by the fire department of the fire
district, or any fire company thereof, pursuant to a contract for fire
protection, shall for all purposes in law be considered to have been
duly elected and appointed to membership in such fire company as of the
date of such appointment, if any, and, if none, then as of the date of
such election; notwithstanding that there may have been some legal
defect in such election, or the proceedings precedent thereto, or a
failure of the board of fire commissioners to appoint such member, as
provided by the law in force at the time of such election, and the
status of such person as a volunteer [fireman] FIREFIGHTER as of the
date of such appointment or election is hereby legalized, validated, and
confirmed. This subdivision shall not apply to a person, if any, whose
volunteer membership in a fire company was declared invalid by a court
of competent jurisdiction prior to the first day of January, nineteen
hundred fifty-five.
(a) It shall be an unlawful discriminatory practice for any volunteer
fire department or fire company, through any member or members thereof,
officers, board of fire commissioners or other body or office having
S. 6542--A 58
power of appointment of volunteer [firemen] FIREFIGHTERS in any fire
department or fire company pursuant to this section, because of the
race, creed, color, national origin, sex or marital status of any indi-
vidual, to exclude or to expel from its volunteer membership such indi-
vidual, or to discriminate against any of its members because of the
race, creed, color, national origin, sex or marital status of such
volunteer members.
§ 100. Section 176-d of the town law, as added by chapter 838 of the
laws of 1975, is amended to read as follows:
§ 176-d. Funding of fire districts. Notwithstanding any other
provision of law to the contrary, a fire district may include as part of
its budget an appropriation to fund an annual [fireman's] FIREFIGHTERS'
inspection-dinner for each fire company within the fire district.
§ 101. The opening paragraph of section 177 of the town law, as
amended by chapter 23 of the laws of 2010, is amended to read as
follows:
The fire district treasurer shall be the fiscal officer of the fire
district and shall receive and have the custody of the funds of the
district and shall disburse the same for the purposes herein authorized
when so ordered by resolution of the board of fire commissioners, except
that no such resolution of the board of fire commissioners shall be
required for the payment of fixed salaries, compensation for services of
officers or employees regularly engaged by the fire district at agreed
wages by the hour, day, week, month or year unless so required by resol-
ution of the board of fire commissioners adopted at the organization
meeting in the month of January, the principal of or interest on obli-
gations issued by the fire district, fixed amounts becoming due on
lawful contracts for the purchase of water for fire protection, and
amounts which the fire district may be required to pay to the state and
local employees' retirement system on account of contributions for past
and current services of [firemen] FIREFIGHTERS. All such disbursements
shall be made by check payable to the order of the person or persons
entitled thereto. The fire district treasurer shall also be responsible
for filing any paperwork necessary to obtain permits or secure any
refunds provided pursuant to section three hundred seventy-eight-a of
the public authorities law. The board of fire commissioners shall desig-
nate in the manner provided by section ten of the general municipal law
the depositaries in which the fire district treasurer shall, within ten
days, deposit and secure all moneys coming into his OR HER hands by
virtue of his OR HER office.
§ 102. Paragraph (c) of subdivision 1 of section 179 of the town law,
as amended by chapter 565 of the laws of 1949, is amended to read as
follows:
(c) To lease, purchase, construct, reconstruct, alter, repair or equip
suitable buildings for the preservation, protection and storing of vehi-
cles, apparatus and equipment of the fire district and for the social
and recreational use of the [firemen] FIREFIGHTERS and residents of the
district, and purchase the necessary lands therefor.
§ 103. The closing paragraph of section 189 of the town law, as
amended by chapter 694 of the laws of 1959, is amended to read as
follows:
The failure of any such officer or member to discover and properly
report any such fire hazards or his OR HER neglect or omission to
perform such duties shall not subject him OR HER, his OR HER fire
department, fire company, or the city, village, fire district or town in
which or of which he OR SHE is a [fireman] FIREFIGHTER to any civil or
S. 6542--A 59
other liability. Any such fire officer or member shall not be liable
civilly for any act or acts done by him OR HER as a [fireman] FIREFIGHT-
ER in the performance of such duties, except for wilful negligence or
malfeasance, but the provisions of this section shall not relieve any
such city, village, fire district, town, or fire company from liability,
if any, for the negligent or wrongful acts of the officer or member in
the actual performance of such duty.
§ 104. Subdivision 9 of section 224 of the county law, as amended by
chapter 297 of the laws of 1952, is amended to read as follows:
(9) Fire training schools for training [firemen] FIREFIGHTERS, includ-
ing the power to pay to a city within or without the county for services
in the training of [firemen] FIREFIGHTERS of such county.
§ 105. Paragraph (g) of subdivision 1 of section 225 of the county
law, as amended by chapter 297 of the laws of 1952, is amended to read
as follows:
(g) Establishment and maintenance of fire training schools for train-
ing [firemen] FIREFIGHTERS.
§ 106. Subdivisions 1, 2 and 3 of section 225-a of the county law,
subdivisions 1 and 2 as amended by section 42 of part B of chapter 56 of
the laws of 2010, and subdivision 3 as amended by chapter 53 of the laws
of 1957, are amended to read as follows:
1. In order to develop and maintain programs for fire training, fire
service-related activities and mutual aid in cases of fire and other
emergencies in which the services of [firemen] FIREFIGHTERS would be
used and to cooperate with the office of fire prevention and control in
furthering such programs, the board of supervisors of any county may
create a county fire advisory board and may establish the office of
county fire coordinator.
2. A county fire advisory board shall consist of not less than five
nor more than twenty-one members, each of whom shall be appointed by the
board of supervisors for a term of not to exceed one year, two years or
three years. Such terms of office need not be the same for all members.
It shall be the duty of such board to cooperate with the office of fire
prevention and control in relation to such programs for fire training,
fire service-related activities and mutual aid; to act as an advisory
body to the board of supervisors and to the county fire coordinator, if
any, in connection with the county participation in such programs for
fire training, fire service-related activities and mutual aid and in
connection with the county establishment and maintenance of a county
fire training school and mutual aid programs in cases of fire and other
emergencies in which the services of [firemen] FIREFIGHTERS would be
used; to perform such other duties as the board of supervisors may
prescribe in relation to fire training, fire service-related activities
and mutual aid in cases of fire and other emergencies in which the
services of [firemen] FIREFIGHTERS would be used. The members of such
board shall be county officers, and shall serve without compensation.
3. If the office of county fire coordinator is created in any county,
the board of supervisors thereof shall appoint a county fire coordina-
tor. It shall be his OR HER duty to administer the county programs for
fire training and mutual aid in cases of fire and other emergencies in
which the services of [firemen] FIREFIGHTERS would be used; to act as a
liaison officer between the board of supervisors and the county fire
advisory board and the fire fighting forces in the county and the offi-
cers and governing boards or bodies thereof; and to perform such other
duties as the board of supervisors shall prescribe. The county fire
S. 6542--A 60
coordinator shall be a county officer and the amount of his OR HER
compensation, if any, shall be fixed by the board of supervisors.
§ 107. The second undesignated paragraph of subdivision 4 of section
243 of the military law, as separately amended by chapters 684 and 1197
of the laws of 1971, is amended to read as follows:
Time during which a member is absent on military duty shall not
constitute an interruption of continuous employment, but such time shall
not be counted or included in determining the length of total service
unless such member contributes to the retirement system the amount he OR
SHE would have been required to contribute if he OR SHE had been contin-
uously employed during such period. Such contribution, or any part ther-
eof, may be paid at any time and from time to time, while in military
duty, or within five years after the date of his OR HER restoration to
his OR HER position or before December thirty-first, nineteen hundred
sixty-two, whichever date is later, or in the event of the death of the
member while in military duty such contribution, or any part thereof,
may be paid by the named beneficiary or the legal representative of the
member's estate within one year following proof of such death. A member
of the New York state employees' retirement system or of the New York
state [policemen's] AND LOCAL POLICE and [firemen's] FIRE retirement
system, other than a member of the state police in a collective negoti-
ating unit established pursuant to article fourteen of the civil service
law, who is in the employ of the state on March thirty-first, nineteen
hundred seventy, who failed to make such contributions during the
prescribed period of time may nonetheless obtain credit for time during
which he OR SHE was on military duty by depositing with such retirement
system an amount equal to the contribution he OR SHE would have made had
he OR SHE made a timely election, with regular interest, on or before
March thirty-first, nineteen hundred seventy-two, provided, however,
such member may elect to deposit such amount over a period of time no
greater than the period for which credit is being claimed, in which case
such payments must commence no later than March thirty-first, nineteen
hundred seventy-two. If the full amount of such payments is not paid to
the retirement system, the amount of service credited shall be propor-
tional to the total amount of the payments made. A member of the New
York state [policemen's] AND LOCAL POLICE and [firemen's] FIRE retire-
ment system who is a member of the state police in a collective negoti-
ating unit established pursuant to article fourteen of the civil service
law, who is in the employ of the state on March thirty-first, nineteen
hundred seventy-one, who failed to make such contributions during the
prescribed period of time may nonetheless obtain credit for time during
which he OR SHE was on military duty by depositing with such retirement
system an amount equal to the contribution he OR SHE would have made had
he OR SHE made a timely election, with regular interest, on or before
March thirty-first, nineteen hundred seventy-two, provided, however,
such member may elect to deposit such amount over a period of time no
greater than the period for which credit is being claimed, in which case
such payments must commence no later than March thirty-first, nineteen
hundred seventy-two. If the full amount of such payments is not paid to
the retirement system, the amount of service credited shall be propor-
tional to the total amount of the payments made.
§ 108. Subparagraph a of paragraph 9 of subdivision 3 of section 4-412
of the village law, as added by chapter 976 of the laws of 1973, is
amended to read as follows:
a. May contract for the furnishing of fire protection within the
village with the fire department in the village or with any city,
S. 6542--A 61
village, fire district, or incorporated fire company having its head-
quarters outside such village and maintaining adequate and suitable
apparatus and appliances for the furnishing of fire protection in such
village. The contract also may provide for the furnishing of emergency
service in case of accidents, calamities or other emergencies in
connection with which the services of [firemen] FIREFIGHTERS would be
required, as well as in case of alarms of fire. The contract also may
provide for the furnishing of general ambulance service subject, howev-
er, to the provisions of section two hundred nine-b of the general
municipal law. In the event that the fire department or fire company
furnishing fire protection within the village pursuant to contract does
not maintain and operate an ambulance then a separate contract may be
made for the furnishing within the village of emergency ambulance
service or general ambulance service, or both, with any city, village or
fire district the fire department of which, or with an incorporated fire
company having its headquarters outside the village which, maintains and
operates an ambulance subject, however, in the case of general ambulance
service, to the provisions of section two hundred nine-b of the general
municipal law.
§ 109. Section 8-802 of the village law is amended to read as follows:
§ 8-802 Powers and duties of [policemen] POLICE OFFICERS. The
[policemen] POLICE OFFICERS so appointed shall have all the powers and
be subject to the duties and liabilities of constables of towns in serv-
ing process in any civil action or proceeding. In addition to other
powers conferred by law, said [policemen] POLICE OFFICERS shall have
power to execute any warrant or process issued by a court of the county
or counties in which such village is situated.
§ 110. Subdivisions 8 and 11 of section 10-1000 of the village law,
subdivision 11 as added by chapter 838 of the laws of 1975, are amended
to read as follows:
8. May employ duty or "[call men] PERSONS ON CALL," to serve on a
part-time basis when necessary, and fix their duties and compensation.
Such part-time paid [firemen] FIREFIGHTERS in the event of injury shall
be entitled to the applicable benefits provided for such part-time paid
[firemen] FIREFIGHTERS under section two hundred seven-a of the general
municipal law and in the event of injury or death shall be entitled to
the applicable benefits, if any, provided for such part-time paid [fire-
men] FIREFIGHTERS under the retirement and social security law and the
[workmen's] WORKERS' compensation law. Persons who are volunteer members
of the village fire department may be employed as such part-time paid
[firemen] FIREFIGHTERS, but in the event of injury, death, disease, or
infection, resulting from services performed in line of duty as such
part-time paid [firemen] FIREFIGHTERS they shall not be entitled to any
of the benefits provided for volunteer [firemen] FIREFIGHTERS under the
volunteer [firemen's] FIREFIGHTERS' benefit law, or under any policy of
blanket accident insurance purchased by the village or purchased by the
fire department to cover only volunteer members of such department.
11. Notwithstanding any other provisions of law to the contrary, a
village may include as part of its budget an appropriation to fund an
annual [firemen's] FIREFIGHTERS' inspection-dinner for each fire company
within the village.
§ 111. Subdivisions 5, 6, 7, and 9, paragraph 3 of subdivision 15,
paragraph 3 of subdivision 16, and paragraph (a) of subdivision 17 of
section 10-1006 of the village law, subdivision 7 as separately amended
by chapters 117 and 215 of the laws of 2014, paragraph 3 of subdivision
16 as amended by chapter 373 of the laws of 2011, and paragraph (a) of
S. 6542--A 62
subdivision 17 as amended by chapter 215 of the laws of 1978, are
amended to read as follows:
5. Any fire company may authorize the continued membership of any
volunteer member where such member notifies the secretary of his OR HER
fire company (a) that he OR SHE plans to change his OR HER residence to
territory which is not in the village and is not protected by the fire
department of the village, or any fire company thereof, pursuant to a
contract for fire protection, and (b) that by reason of his OR HER resi-
dence in the vicinity or his OR HER usual occupation he OR SHE will be
available to render active service as a volunteer [fireman] FIREFIGHTER
in the village or in territory outside the village which is afforded
fire protection pursuant to a contract for fire protection by the fire
department of the village, or a fire company thereof. Such authorization
shall be pursuant to the by-laws, if any, of the fire company of which
he OR SHE is a member, otherwise by a three-fourths vote of the members
of such fire company present and voting at a regular or special meeting
thereof. Such authorization shall not become effective unless approved
by resolution of the board of fire commissioners. Such authorization
shall be deemed to have been approved pursuant to this subdivision in
the event that no action is taken by the board of fire commissioners,
either approving or disapproving, within forty days after service of
written notice of such authorization shall have been made by the secre-
tary of the fire company upon the village clerk, either personally or by
mail. Any membership continued pursuant to the provisions of this subdi-
vision shall terminate when the member cannot meet either the require-
ments of this subdivision or the residence requirements of subdivision
three OF THIS SECTION. In the case of a village which adjoins another
state, the term "vicinity", as used in this subdivision, includes terri-
tory in this state and territory in the adjoining state.
6. A person who cannot meet the residence requirements of subdivision
three OF THIS SECTION may be elected to membership as a volunteer member
of any fire company of the fire department if by reason of his OR HER
residence in the vicinity or his OR HER usual occupation he OR SHE will
be available to render active service as a volunteer [fireman] FIRE-
FIGHTER in the village or in territory which is afforded fire protection
pursuant to a contract for fire protection by the fire department of the
village or a fire company thereof. Such election shall be pursuant to
the by-laws, if any, of the fire company; otherwise by a three-fourths
vote of the members of the fire company present and voting at a regular
or special meeting thereof. The membership of any person so elected
shall not become effective unless approved by resolution of the board of
fire commissioners. Membership shall be deemed to have been approved
pursuant to this subdivision in the event that no action is taken by the
board of fire commissioners, either approving or disapproving, within
seventy days after service of written notice of election to membership
shall have been made by the secretary of the fire company upon the
village clerk, either personally or by mail. The membership of any
volunteer member elected pursuant to the provisions of this subdivision
shall terminate when the member cannot meet either the requirements of
this subdivision or the residence requirements of subdivision three OF
THIS SECTION. In the case of a village which adjoins another state, the
term "vicinity", as used in this subdivision, includes territory in this
state and territory in the adjoining state.
7. The membership of any volunteer [fireman] FIREFIGHTER shall not be
continued pursuant to subdivision five OF THIS SECTION, and persons
shall not be elected to membership pursuant to subdivision six OF THIS
S. 6542--A 63
SECTION, if, by so doing, the percentage of such non-resident members in
the fire company would exceed forty-five per centum of the actual
membership of the fire company, provided however, that the provisions of
this subdivision shall not apply to the membership of the village of
Blasdell volunteer fire department, provided however, that the
provisions of this subdivision shall not apply to the membership of the
village of Delanson volunteer fire company in the village of Delanson,
county of Schenectady.
9. Residents of outside territory protected pursuant to a contract for
fire protection who have been elected to volunteer membership, and non-
residents whose volunteer memberships have been continued or authorized
pursuant to subdivision five or six OF THIS SECTION, shall have all the
powers, duties, immunities, and privileges of resident volunteer
members, except (1) non-residents of the state may not be appointed or
elected to any office in the fire company or fire department, and (2) a
non-resident of this state whose membership has been continued pursuant
to subdivision five OF THIS SECTION, or a non-resident of this state who
was elected to membership pursuant to subdivision six of this section,
shall not be considered to be performing any firemanic duty, or to be
engaged in any firemanic activity, as a member of the fire company while
he OR SHE is outside of this state unless and until he OR SHE has first
reported to the officer or [fireman] FIREFIGHTER in command of his OR
HER fire department, or any company, squad or other unit thereof,
engaged or to be engaged in rendering service outside this state, or has
received orders or authorization from an officer of the fire department
or fire company to participate in or attend authorized activities
outside of this state in the same manner as resident members of the fire
company.
(3) who was, at the time of his OR HER nomination for membership, a
resident of the village or of territory outside of the village which was
afforded fire protection by the fire department of the village, or any
fire company thereof, pursuant to a contract for fire protection, shall
for all purposes in law be considered to have been duly nominated and
appointed to membership in such fire company as of the date of such
appointment, if any, and, if none, then as of the date of such nomi-
nation; notwithstanding that there may have been some legal defect in
such nomination, or the proceedings precedent thereto, or a failure of
the board of fire commissioners or board of trustees to appoint such
member, as provided by law in force at the time of such nomination, and
the status of such person as a volunteer [fireman] FIREFIGHTER as of the
date of such appointment or nomination is hereby legalized, validated
and confirmed. An election to membership in a fire company shall be
deemed equivalent to a nomination for membership for the purposes of
this subdivision in the event that a formal nomination for membership
was never presented to a board of fire commissioners or board of trus-
tees as provided by the law in force prior to the first day of July,
nineteen hundred fifty-four, and, for the purposes of this subdivision,
such election, and the proceedings precedent thereto, shall be consid-
ered to have been held and conducted in the manner required by law. This
subdivision shall not apply to a person, if any, whose volunteer member-
ship in a fire company was declared invalid by a court of competent
jurisdiction prior to the first day of January, nineteen hundred fifty-
five.
(3) who was, at the time of his OR HER election to membership, a resi-
dent of the village or of territory outside the village which was
afforded fire protection by the fire department of the village, or any
S. 6542--A 64
fire company thereof, pursuant to a contract for fire protection, or who
was a non-resident who was elected to membership or who was continued as
a member, pursuant to the provisions of subdivisions five or six of this
section, shall for all purposes in law be considered to have been duly
elected and approved, or continued, as a member in such fire company as
of the date of such approval, if any, and, if none, then as of the date
of such election or, in the case of a continuance, as of the date of the
approval, if any, by the board of fire commissioners or the board of
trustees, and, if none, as of the date of authorization of continuance
by the fire company; notwithstanding that there may have been some legal
defect in such election, or the proceedings precedent thereto, or a
failure of the board of fire commissioners or board of trustees to
approve such member, or approve the continuance of membership of such
member, as provided by the law in force at the time of such election, or
continuance, and the status of such person as a volunteer [fireman]
FIREFIGHTER as of the date is hereby legalized, validated and confirmed.
This subdivision shall not apply to a person, if any, whose volunteer
membership in a fire company was disapproved by the board of trustees or
board of fire commissioners or declared invalid by a court of competent
jurisdiction prior to the first day of January, two thousand eleven.
(a) It shall be an unlawful discriminatory practice for any volunteer
fire department or fire company, through any member or members thereof,
officers, board of fire commissioners or other body or office having
power of appointment of volunteer [firemen] FIREFIGHTERS in any fire
department or fire company pursuant to this section, because of the
race, creed, color, national origin, sex or marital status of any indi-
vidual, to exclude or to expel from its volunteer membership such indi-
vidual, or to discriminate against any of its members because of the
race, creed, color, national origin, sex or marital status of such
volunteer members.
§ 112. Section 10-1020 of the village law is amended to read as
follows:
§ 10-1020 Abolition of fire department; employment of paid [firemen]
FIREFIGHTERS. The board of trustees of any village may, by resolution,
abolish, in whole or in part, the fire department in such village, which
action of the board of trustees shall be subject to a permissive refer-
endum as defined in this chapter; if such fire department is abolished,
all the money and property of such department shall be turned over by
the officers of such department or by the fire commissioners to the
board of trustees within ten days after service of notice on such offi-
cers or commissioners of the action of the board of trustees. Or, the
board of trustees may, by resolution, determine that one or more [fire-
men] FIREFIGHTERS shall be employed to act with such voluntary depart-
ment and may fix the salary of such [firemen] FIREFIGHTERS; the board of
trustees may also determine that such paid [firemen] FIREFIGHTERS shall
have charge of all apparatus and other equipment and that the voluntary
department shall act under the orders of such paid [fireman or firemen]
FIREFIGHTER OR FIREFIGHTERS.
§ 113. The third undesignated paragraph of section 10-1022 of the
village law is amended to read as follows:
The failure of any such officer or member to discover and properly
report any such fire hazards or his OR HER neglect or omission to
perform such duties shall not subject him OR HER, his OR HER fire
department, fire company, or the city, village, fire district or town in
which or of which he OR SHE is a [fireman] FIREFIGHTER to any civil or
other liability. Any such fire officer or member shall not be liable
S. 6542--A 65
civilly for any act or acts done by him OR HER as a [fireman] FIREFIGHT-
ER in the performance of such duties, except for wilful negligence or
malfeasance, but the provisions of this section shall not relieve any
such city, village, fire district, town, or fire company from liability,
if any, for the negligent or wrongful acts of the officer or member in
the actual performance of such duty.
§ 114. Subdivision 4 of section 604 of the education law, as amended
by chapter 335 of the laws of 1987, is amended to read as follows:
4. Regents awards for children of deceased police officers, [firemen]
FIREFIGHTERS, volunteer firefighters and correction officers are avail-
able for eligible students in an approved program pursuant to section
six hundred sixty-four of this chapter.
§ 115. Paragraph b of subdivision 1 of section 664 of the education
law, as amended by chapter 335 of the laws of 1987, is amended to read
as follows:
b. A person may receive concurrently a tuition assistance program
award, a regents award for children of deceased and disabled veterans
and a regents award for children of deceased police officers, [firemen]
FIREFIGHTERS and volunteer firefighters, and correction officers of the
state or any political subdivision thereof, and may also receive bene-
fits under one or all of these awards concurrently with an academic
performance award or federal or other awards. However, in the case of
the regents awards for children of deceased state correction officers
and state civilian employees of a correctional facility received pursu-
ant to the provisions of section six hundred sixty-nine of this article,
no person shall receive benefits under this award concurrently with any
other general or academic performance award under this chapter, or with
any scholarship, grant, or educational assistance under federal law
that, in the judgment of the commissioner would duplicate the purposes
of such award.
§ 116. Subdivision 2 of section 1004 of the education law, as amended
by chapter 746 of the laws of 1967, is amended to read as follows:
2. To provide vocational rehabilitation services directly or through
public or private instrumentalities for handicapped persons (excepting
blind persons and, with respect to physical restoration services, those
persons who are entitled to such services pursuant to the [workmen's]
WORKERS' compensation law and the volunteer [firemen's] FIREFIGHTERS'
benefit law) whose vocational rehabilitation the department determines
after full investigation may be satisfactorily achieved. In the course
of its investigation of an individual applicant's vocational rehabili-
tation potential the department may conduct an extended evaluation
program including utilization of such vocational rehabilitation services
as it deems necessary.
§ 117. Section 2103-a of the education law, as added by chapter 949 of
the laws of 1974, is amended to read as follows:
§ 2103-a. [Policemen and firemen] POLICE OFFICERS AND FIREFIGHTERS on
boards of education. Notwithstanding any general, special or local law,
ordinance or charter provision to the contrary, or any rule or regu-
lation, [policemen and firemen] POLICE OFFICERS AND FIREFIGHTERS
employed by any municipal subdivision of the state or police district
provided they are otherwise eligible, may be candidates for election and
serve as members of boards of education in school districts located: (1)
other than in the municipality where they perform their duties as
[policemen or firemen] POLICE OFFICERS AND FIREFIGHTERS on a regular
basis, or (2) unless prohibited by the legislative body for whom they
are employed, in school districts located in the locality where they
S. 6542--A 66
perform their duties as [policemen or firemen] POLICE OFFICERS AND FIRE-
FIGHTERS.
§ 118. Subdivision 7 of section 2502 of the education law, as amended
by chapter 438 of the laws of 1980, is amended to read as follows:
7. No person shall be eligible to the office of member of the board of
education who is not a qualified voter of the city school district and
who has not been a resident of such district for a period of at least
one year immediately preceding the date of his OR HER election;
provided, however, that no person shall hold at the same time the office
of member of the board of education and any city office other than as a
[policeman or fireman] POLICE OFFICER AND FIREFIGHTER; provided,
further, that where territory is added to a city school district by
order of the commissioner [of education] pursuant to article thirty-one
of this chapter, residence in the territory so added to the city school
district shall be and shall be deemed to be residence in the city school
district for the purposes of this subdivision, and a person qualified to
vote in school district elections by virtue of his OR HER residence in
the territory so added to the city school district immediately prior to
the addition of such territory to the city school district shall be and
shall be deemed to be a qualified voter of the city school district
immediately upon the addition of such territory.
§ 119. Subdivision (a) of section 7.25 of the mental hygiene law, as
amended by chapter 22 of the laws of 1984, is amended to read as
follows:
(a) The commissioner and the directors of in-patient facilities in the
office of mental health may designate safety officers to act as special
[policemen] POLICE OFFICERS whose duty it shall be, under orders of the
appropriate officer, to preserve peace and good order in facilities of
such office and to fully protect the grounds, buildings, and patients.
Such safety officers acting as special [policemen] POLICE OFFICERS shall
possess all the powers of peace officers, as set forth in section 2.20
of the criminal procedure law, while performing duties in or arising out
of the course of their employment. Such peace officers when acting
pursuant to their special duties may issue and serve a simplified traf-
fic information and appearance ticket, in the form prescribed by the
commissioner of motor vehicles pursuant to section two hundred seven of
the vehicle and traffic law, upon a person when he OR SHE has reasonable
cause to believe that such person has committed a traffic infraction in
his OR HER presence, and shall have the power to issue and serve an
appearance ticket as defined in section 150.10 of the criminal procedure
law for an offense other than a felony in lieu of an arrest.
§ 120. Subdivision (a) of section 13.25 of the mental hygiene law, as
amended by chapter 969 of the laws of 1983, is amended to read as
follows:
(a) The commissioner and the directors of facilities under his OR HER
jurisdiction may designate safety officers to act as special [policemen]
POLICE OFFICERS whose duty it shall be, under orders of the appropriate
officer, to preserve peace and good order in such facilities and to
fully protect the grounds, buildings, and patients. Such safety officers
acting as special [policemen] POLICE OFFICERS shall possess all the
powers of peace officers, as set forth in section 2.20 of the criminal
procedure law, while performing duties in or arising out of the course
of their employment. Such peace officers when acting pursuant to their
special duties may issue and serve a simplified traffic information and
appearance ticket, in the form prescribed by the commissioner of motor
vehicles pursuant to section two hundred seven of the vehicle and traf-
S. 6542--A 67
fic law, upon a person when he OR SHE has reasonable cause to believe
that such person has committed a traffic infraction in his OR HER pres-
ence, and shall have the power to issue and serve an appearance ticket
as defined in section 150.10 of the criminal procedure law for an
offense other than a felony in lieu of an arrest.
§ 121. Subdivision 5 of section 73 of the Indian law, as added by
chapter 1022 of the laws of 1969, is amended to read as follows:
5. Notwithstanding any other provision of law to establish, manage and
control a fire corporation for the fire protection of the common land of
the nation and to enter into contracts necessary for providing such fire
protection and to provide insurance for volunteer [firemen]
FIREFIGHTERS.
§ 122. Section 77 of the Indian law is amended to read as follows:
§ 77. [Policemen] POLICE OFFICERS at annual fair. The board of
commissioners of the Niagara frontier police district may, upon the
written request of at least five of the councilors of the Seneca nation,
detail two or more [policemen] POLICE OFFICERS of such district to
attend and preserve peace and good order at the annual fair of the
Iroquois agricultural society on the Cattaraugus reservation; the
reasonable expenses of such [policemen] POLICE OFFICERS to be defrayed
by such nation.
§ 123. Paragraph 3 of subdivision a of section 30 of the retirement
and social security law, as added by chapter 776 of the laws of 1957, is
amended to read as follows:
3. The power to exclude employees from eligibility for membership in
the retirement system pursuant to paragraph one or paragraph two of this
subdivision a shall terminate on the day after the modification extend-
ing the old-age and survivors insurance system to any position covered
by such system and held by an employee of a political subdivision of the
state (exclusive of one in a [policeman's or firemen's] POLICE OFFICER'S
OR FIREFIGHTER'S position) is executed.
§ 124. Paragraph 3 of subdivision e of section 31 of the retirement
and social security law, as added by chapter 776 of the laws of 1957, is
amended to read as follows:
3. The power to exclude employees from eligibility for membership in
the retirement system pursuant to paragraph one or paragraph two of this
subdivision e shall terminate on the day after the modification extend-
ing the old-age and survivors insurance system to any position covered
by such system and held by an employee of a political subdivision of the
state (exclusive of one in a [policeman's or firemen's] POLICE OFFICER'S
OR FIREFIGHTER'S position) is executed.
§ 125. Paragraph 3 of subdivision b of section 40 of the retirement
and social security law is amended to read as follows:
3. Every [policeman and fireman] POLICE OFFICER AND FIREFIGHTER,
appointed to and employed by a city, county, town, village or police or
fire district, in a position in the classified civil service, other than
in a position in the exempt class, and who is not eligible to become a
member of a local pension system. Notwithstanding any other provision
of this article, so far as such [policemen and firemen] POLICE OFFICERS
AND FIREFIGHTERS are concerned, their employers shall be treated in all
respects as if they were participating employers. Such employers shall
pay into the pension accumulation fund the amount required to pay the
accrued liability on account of such [policemen] POLICE OFFICERS and
[firemen] FIREFIGHTERS, as computed by the actuary. Such payment shall
be made in such installments as the comptroller shall require.
S. 6542--A 68
§ 126. Subdivision (d) of section 89-a of the retirement and social
security law, as amended by chapter 493 of the laws of 1969, is amended
to read as follows:
(d) Credit for service as a member or officer of the state police or
as a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, or as a crim-
inal investigator in the office of a district attorney, provided that
service as such investigator shall have been rendered prior to January
first, nineteen hundred sixty and that credit therefor shall not exceed
five years, shall also be deemed to be creditable service and shall be
included in computing years of total service for retirement pursuant to
this section, provided such service was performed by the member while
contributing to the retirement system pursuant to the provisions of this
article or article eight of this chapter.
§ 127. Subdivision (i) of section 89-b of the retirement and social
security law, as added by chapter 622 of the laws of 1970, is amended to
read as follows:
(i) Credit for service as a member or officer of the state police, or
as a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district or as a crimi-
nal investigator in the office of a district attorney, provided that
service as such investigator shall have been rendered prior to January
first, nineteen hundred sixty and that credit therefor shall not exceed
five years, shall also be deemed to be creditable service and shall be
included in computing years of total service for retirement pursuant to
this section, provided such service was performed by the member while
contributing to the retirement system pursuant to this article or arti-
cle eight of this chapter.
§ 128. Subdivision (i) of section 89-d of the retirement and social
security law, as added by chapter 678 of the laws of 1983, is amended to
read as follows:
(i) Credit for service as a member or officer of the state police, or
as a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district or as a sher-
iff, undersheriff or regular deputy sheriff or as a criminal investi-
gator in the office of a district attorney, shall also be deemed to be
creditable service and shall be included in computing years of total
service for retirement pursuant to this section, provided such service
was performed by the member while contributing to the retirement system
pursuant to this article or article eight of this chapter.
§ 129. Subdivision e of section 89-e of the retirement and social
security law, as added by chapter 520 of the laws of 1988, is amended to
read as follows:
e. Credit for service as a member or officer of the state police or as
a paid firefighter, [policeman] POLICE OFFICER or officer of any organ-
ized fire department or police force or department of any county, city,
village, town, fire district or police district, or as a criminal inves-
tigator in the office of a district attorney, provided that service as
such investigator shall have been rendered prior to January first, nine-
teen hundred sixty and that credit therefor shall not exceed five years,
shall also be deemed to be creditable service and shall be included in
computing years of total service for retirement pursuant to this
section, provided such service was performed by the member while
S. 6542--A 69
contributing to the retirement system pursuant to the provisions of this
article or article eight of this chapter.
§ 130. Subdivision f of section 89-f of the retirement and social
security law, as added by chapter 591 of the laws of 1988, and as relet-
tered by chapter 543 of the laws of 1992, is amended to read as follows:
f. Credit for service as a member or officer of the state police or as
a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, or as a crim-
inal investigator in the office of a district attorney, provided that
service as such investigator shall have been rendered prior to January
first, nineteen hundred sixty and that credit therefor shall not exceed
five years, shall also be deemed to be creditable service and shall be
included in computing years of total service for retirement pursuant to
this section, provided such service was performed by the member while
contributing to the retirement system pursuant to the provisions of this
article or article eight of this chapter.
§ 131. Subdivision e of section 89-g of the retirement and social
security law, as added by chapter 653 of the laws of 1988 and such
section as renumbered by chapter 771 of the laws of 1988, is amended to
read as follows:
e. Credit for service as a member or officer of the state police or as
a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, or as a crim-
inal investigator in the office of a district attorney, provided that
service as such investigator shall have been rendered prior to January
first, nineteen hundred sixty and that credit therefor shall not exceed
five years, shall also be deemed to be creditable service and shall be
included in computing years of total service for retirement pursuant to
this section, provided such service was performed by the member while
contributing to the retirement system pursuant to the provisions of this
article or article eight of this chapter.
§ 132. Subdivision e of section 89-h of the retirement and social
security law, as amended by chapter 320 of the laws of 2003, is amended
to read as follows:
e. Credit for service as a member or officer of the state police or as
a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, or as a crim-
inal investigator in the office of a district attorney, provided that
service as such investigator shall have been rendered prior to January
first, nineteen hundred sixty and that credit therefor shall not exceed
five years, shall also be deemed to be creditable service and shall be
included in computing years of total service for retirement pursuant to
this section, provided such service was performed by the member while
contributing to the retirement system pursuant to the provisions of this
article or article eight of this chapter.
§ 133. Subdivision e of section 89-i of the retirement and social
security law, as added by chapter 283 of the laws of 1989, is amended to
read as follows:
e. Credit for service as a member or officer of the state police or as
a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, or as a crim-
inal investigator in the office of a district attorney, provided that
S. 6542--A 70
service as such investigator shall have been rendered prior to January
first, nineteen hundred sixty and that credit therefor shall not exceed
five years, shall also be deemed to be creditable service and shall be
included in computing years of total service for retirement pursuant to
this section, provided such service was performed by the member while
contributing to the retirement system pursuant to the provisions of this
article or article eight of this chapter.
§ 134. Subdivision e of section 89-j of the retirement and social
security law, as added by chapter 648 of the laws of 1989, is amended to
read as follows:
e. Credit for service as a member or officer of the state police or as
a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, or as a crim-
inal investigator in the office of a district attorney, provided that
service as such investigator shall have been rendered prior to January
first, nineteen hundred sixty and that credit therefor shall not exceed
five years, shall also be deemed to be creditable service and shall be
included in computing years of total service for retirement pursuant to
this section, provided such service was performed by the member while
contributing to the retirement system pursuant to the provisions of this
article or article eight of this chapter.
§ 135. Subdivision e of section 89-k of the retirement and social
security law, as added by chapter 433 of the laws of 1990, is amended to
read as follows:
e. Credit for service as a member or officer of the state police or as
a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, or as a crim-
inal investigator in the office of a district attorney, provided that
service as such investigator shall have been rendered prior to January
first, nineteen hundred sixty and that credit therefor shall not exceed
five years, shall also be deemed to be creditable service and shall be
included in computing years of total service for retirement pursuant to
this section, provided such service was performed by the member while
contributing to the retirement system pursuant to the provisions of this
article or article eight of this chapter.
§ 136. Subdivision e of section 89-l of the retirement and social
security law, as added by chapter 389 of the laws of 1989, is amended to
read as follows:
e. Credit for service as a member or officer of the state police or as
a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, or as a crim-
inal investigator in the office of a district attorney, provided that
service as such investigator shall have been rendered prior to January
first, nineteen hundred sixty and that credit therefor shall not exceed
five years, shall also be deemed to be creditable service and shall be
included in computing years of total service for retirement pursuant to
this section, provided such service was performed by the member while
contributing to the retirement system pursuant to the provisions of this
article or article eight of this chapter.
§ 137. Subdivision e of section 89-m of the retirement and social
security law, as added by chapter 646 of the laws of 1990, is amended to
read as follows:
S. 6542--A 71
e. Credit for service as a member or officer of the state police or as
a paid [firemen, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, or as a crim-
inal investigator in the office of a district attorney, provided that
service as such investigator shall have been rendered prior to January
first, nineteen hundred sixty and that credit therefor shall not exceed
five years, shall also be deemed to be creditable service and shall be
included in computing years of total service for retirement pursuant to
this section, provided such service was performed by the member while
contributing to the retirement system pursuant to the provisions of this
article or article eight of this chapter.
§ 138. Subdivision e of section 89-n of the retirement and social
security law, as added by chapter 597 of the laws of 1991, is amended to
read as follows:
e. Credit for service as a member or officer of the state police or as
a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, or as a crim-
inal investigator in the office of a district attorney, provided that
service as such investigator shall have been rendered prior to January
first, nineteen hundred sixty and that credit therefor shall not exceed
five years, shall also be deemed to be creditable service and shall be
included in computing years of total service for retirement pursuant to
this section, provided such service was performed by the member while
contributing to the retirement system pursuant to the provisions of this
article or article eight of this chapter.
§ 139. Subdivision e of section 89-o of the retirement and social
security law, as added by chapter 647 of the laws of 1993, is amended to
read as follows:
e. Credit for service as a member or officer of the state police or as
a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, or as a crim-
inal investigator in the office of a district attorney, provided that
service as such investigator shall have been rendered prior to January
first, nineteen hundred sixty and that credit therefor shall not exceed
five years, shall also be deemed to be creditable service and shall be
included in computing years of total service for retirement pursuant to
this section, provided such service was performed by the member while
contributing to the retirement system pursuant to the provisions of this
article or article eight of this chapter.
§ 140. Subdivision e of section 89-p of the retirement and social
security law, as added by chapter 725 of the laws of 1994, is amended to
read as follows:
e. Credit for service as a member or officer of the state police or as
a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, or as a crim-
inal investigator in the office of a district attorney, provided that
service as such investigator shall have been rendered prior to January
first, nineteen hundred sixty and that credit therefor shall not exceed
five years, shall also be deemed to be creditable service and shall be
included in computing years of total service for retirement pursuant to
this section, provided such service was performed by the member while
S. 6542--A 72
contributing to the retirement system pursuant to the provisions of this
article or article eight of this chapter.
§ 141. Subdivision e of section 89-q of the retirement and social
security law, as added by chapter 158 of the laws of 1995, is amended to
read as follows:
e. Credit for service as a member or officer of the state police or as
a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, shall also be
deemed to be creditable service and shall be included in computing years
of total service for retirement pursuant to this section, provided such
service was performed by the member while contributing to the retirement
system pursuant to the provisions of this article or article eight of
this chapter.
§ 142. Subdivision e of section 89-r of the retirement and social
security law, as added by chapter 605 of the laws of 1996, is amended to
read as follows:
e. Credit for service as a member or officer of the state police or as
a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, or as a crim-
inal investigator in the office of a district attorney, provided that
service as such investigator shall have been rendered prior to January
first, nineteen hundred sixty and that credit therefor shall not exceed
five years, shall also be deemed to be creditable service and shall be
included in computing years of total service for retirement pursuant to
this section, provided such service was performed by the member while
contributing to the retirement system pursuant to the provisions of this
article or article eight of this chapter.
§ 143. Subdivision e of section 89-s of the retirement and social
security law, as added by chapter 588 of the laws of 1997, is amended to
read as follows:
e. Credit for service as a member or officer of the state police or as
a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, or as a crim-
inal investigator in the office of a district attorney, shall also be
deemed to be creditable service and shall be included in computing years
of total service for retirement pursuant to this section.
§ 144. Subdivision e of section 89-s of the retirement and social
security law, as amended by chapter 578 of the laws of 1998, is amended
to read as follows:
e. Credit for service as a member or officer of the state police or as
a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, or as a crim-
inal investigator in the office of a district attorney, shall also be
deemed to be creditable service and shall be included in computing years
of total service for retirement pursuant to this section.
§ 145. Subdivision e of section 89-s of the retirement and social
security law, as added by chapter 595 of the laws of 1997, is amended to
read as follows:
e. Credit for service as a member or officer of the state police or as
a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, or as a crim-
S. 6542--A 73
inal investigator in the office of a district attorney, shall also be
deemed to be creditable service and shall be included in computing years
of total service for retirement pursuant to this section.
§ 146. Subdivision e of section 89-t of the retirement and social
security law, as added by chapter 603 of the laws of 1998, is amended to
read as follows:
e. Credit for service as a member or officer of the state police or as
a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, or as a crim-
inal investigator in the office of a district attorney, or as a
probation assistant in a county probation department, shall also be
deemed to be creditable service and shall be included in computing years
of total service for retirement pursuant to this section.
§ 147. Paragraph 1 of subdivision a of section 89-t of the retirement
and social security law, as added by chapter 657 of the laws of 1998, is
amended to read as follows:
1. "Qualifying member" shall mean any member who is in service as a
safety officer under the jurisdiction of the office of mental health or
the office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities, an institutional safety officer, or a special [policeman]
POLICE OFFICER designated by the director of a state hospital.
§ 148. Subdivision e of section 89-v of the retirement and social
security law, as added by chapter 472 of the laws of 2001, is amended to
read as follows:
e. Credit for service as a member or officer of the state police or as
a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, shall also be
deemed to be creditable service and shall be included in computing years
of total service for retirement pursuant to this section provided such
services are performed by the member while contributing to the New York
state and local police and fire retirement system pursuant to the
provisions of this article or article eight of this chapter.
§ 149. Subdivision e of section 89-v of the retirement and social
security law, as added by chapter 556 of the laws of 2001, is amended to
read as follows:
e. Credit for service as a member or officer of the state police or as
a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, or as a crim-
inal investigator in the office of a district attorney, provided that
service as such investigator shall have been rendered prior to January
first, nineteen hundred sixty and that credit therefor shall not exceed
five years, shall also be deemed to be creditable service and shall be
included in computing years of total service for retirement pursuant to
this section, provided such service was performed by the member while
contributing to the retirement system pursuant to the provisions of this
article or article eight of this chapter.
§ 150. Subdivision e of section 89-w of the retirement and social
security law, as added by chapter 295 of the laws of 2007, is amended to
read as follows:
e. Credit for service as a member or officer of the state police or as
a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, or as a crim-
S. 6542--A 74
inal investigator in the office of a district attorney shall also be
deemed to be creditable service and shall be included in computing years
of total service for retirement pursuant to this section.
§ 151. Paragraphs a, b, and d of subdivision 1, subdivision 2, and
paragraph a of subdivision 10 of section 138-a of the retirement and
social security law, paragraph a of subdivision 1 as amended by chapter
1049 of the laws of 1957, paragraph b of subdivision 1 and subdivision 2
as added by chapter 776 of the laws of 1957, paragraph d of subdivision
1 as amended by chapter 1184 of the laws of 1971, paragraph c of subdi-
vision 2 as amended by chapter 73 of the laws of 1958, and paragraph a
of subdivision 10 as amended by chapter 397 of the laws of 1958, are
amended to read as follows:
a. One referendum among all eligible employees of the state (exclusive
of those in [policemen's or firemen's] POLICE OFFICER OR FIREFIGHTER
positions) who are members of the New York state employees' retirement
system, a second referendum among all eligible employees of political
subdivisions of the state (exclusive of those in [policemen's or fire-
men's] POLICE OFFICER OR FIREFIGHTER positions) who are members of such
retirement system, which subdivisions elected to provide seven calendar
quarters of retroactive coverage for such employees pursuant to subdivi-
sion seven of this section, a third referendum among all eligible
employees of political subdivisions of the state (exclusive of those in
[policemen's or firemen's] POLICE OFFICER OR FIREFIGHTER positions) who
are members of such retirement system, which subdivisions elected to
provide six calendar quarters of retroactive coverage for such employees
pursuant to subdivision seven of this section, a fourth referendum among
all eligible employees of political subdivisions of the state (exclusive
of those in [policemen's or firemen's] POLICE OFFICER OR FIREFIGHTER
positions) who are members of such retirement system, which subdivisions
elected to provide four calendar quarters of retroactive coverage for
such employees pursuant to subdivision seven of this section, and a
fifth referendum among all eligible employees of the remaining political
subdivisions of the state (exclusive of those in [policemen's or fire-
men's] POLICE OFFICER OR FIREFIGHTER positions) who are members of such
retirement system, on the question of whether service in positions
(exclusive of [policemen's or firemen's] POLICE OFFICER OR FIREFIGHTER
positions) in the employ of the state or of such political subdivisions,
as the case may be, and covered by such system also shall be covered by
old-age and survivors insurance.
b. Separate referenda among eligible employees of the state (exclusive
of those in [policemen's or firemen's] POLICE OFFICER OR FIREFIGHTER
positions) whose positions are covered by a separate retirement system
or plan maintained by the state, other than the New York state AND LOCAL
employees' retirement system or the New York state teachers' retirement
system, and who are members of such system or plan, on the question of
whether service in positions (exclusive of [policemen's or firemen's]
POLICE OFFICER OR FIREFIGHTER positions) covered by such system or plan
also shall be covered by old-age and survivors insurance.
d. Separate referenda among eligible employees of each political
subdivision (exclusive of those in [policemen's or firemen's] POLICE
OFFICER OR FIREFIGHTER positions) who are members of a retirement system
or plan maintained by such political subdivision other than a retirement
system relating to retirement benefits under the Canada pension plan, on
the question of whether service in positions in the employ of such poli-
tical subdivision and covered by such system or plan also shall be
covered by old-age and survivors insurance. The modification providing
S. 6542--A 75
old-age and survivors insurance coverage pursuant to such referenda
shall provide such retroactive coverage, if any, and shall exclude from
old-age and survivors insurance coverage such classes of employment as
authorized by paragraph b of subdivision two of section one hundred
thirty-six of this article, if any, as the governing body of such poli-
tical subdivision shall determine, consistent with the federal social
security act. Such determination shall be made within a reasonable peri-
od of time fixed by the director and indicated in a certificate filed
with the director.
2. In the event the federal social security act is amended to author-
ize the extension of old-age and survivors insurance coverage to service
performed in this state in [policemen's or firemen's] POLICE OFFICER OR
FIREFIGHTER positions, the governor or the state agency or officer
designated by him OR HER shall, as soon as practicable after the enact-
ment of such amendment and in accordance with the applicable provisions
of such federal act and subdivision thirteen of this section, to the
extent then applicable, shall take such action as may be necessary to
extend old-age and survivors insurance coverage to such positions,
including, to the extent applicable, referenda as follows:
a. One referendum among all eligible employees of the state serving in
[policemen's or firemen's] POLICE OFFICER OR FIREFIGHTER positions who
are members of the New York state AND LOCAL employees' retirement
system.
b. A separate referendum among all eligible employees of the state
serving in [policemen's or firemen's] POLICE OFFICER OR FIREFIGHTER
positions whose positions are covered by a retirement system or plan
maintained by the state other than the New York state AND LOCAL employ-
ees' retirement system, and who are members of such system or plan.
c. One referendum among all eligible employees of political subdivi-
sions of the state serving in [policemen's or firemen's] POLICE OFFICER
OR FIREFIGHTER positions who are members of the New York state AND LOCAL
employees' retirement system, which political subdivisions elected to
provide retroactive coverage to or about March sixteenth, nineteen
hundred fifty-six, to such employees pursuant to subdivision seven of
this section, a second referendum among all eligible employees of poli-
tical subdivisions of the state serving in [policemen's or firemen's]
POLICE OFFICER OR FIREFIGHTER positions who are members of such retire-
ment system, which subdivisions elected to provide retroactive coverage
to or about June sixteenth, nineteen hundred fifty-six, to such employ-
ees pursuant to subdivision seven of this section, a third referendum
among all eligible employees of political subdivisions of the state
serving in [policemen's or firemen's] POLICE OFFICER OR FIREFIGHTER
positions who are members of such retirement system, which political
subdivisions elected to provide retroactive coverage to or about Decem-
ber sixteenth, nineteen hundred fifty-six, to such employees pursuant to
subdivision seven of this section, and a fourth referendum among all
eligible employees of the remaining political subdivisions of the state
serving in [policemen's or firemen's] POLICE OFFICER OR FIREFIGHTER
positions who are members of such system, which eligible employees shall
have retroactive coverage to or about December sixteenth, nineteen
hundred fifty-seven.
d. Separate referenda among eligible employees of each political
subdivision serving in [policemen's or firemen's] POLICE OFFICER OR
FIREFIGHTER positions whose positions are covered by a separate retire-
ment system or plan maintained by such political subdivision and who are
members of such system or plan. Each such referendum shall be on the
S. 6542--A 76
question of whether service in the [policemen's or firemen's] POLICE
OFFICER OR FIREFIGHTER positions affected thereby also shall be covered
by old-age and survivors insurance.
a. In the event that the referenda among eligible employees of poli-
tical subdivisions of the state (exclusive of those in [policemen's or
firemen's] POLICE OFFICER OR FIREFIGHTER positions) who are members of
the New York state AND LOCAL employees' retirement system favor the
extension of old-age and survivors insurance coverage to their posi-
tions, all positions in the employ of each political subdivision of the
state, except those covered by a retirement system or plan of the state
or the political subdivision and subject to separate referenda here-
under, and except those excluded from coverage pursuant to paragraph b
of subdivision two of section one hundred thirty-six of this article,
also shall be covered by old-age and survivors insurance at or about the
same time that the director modifies the agreement with the federal
secretary to effectuate the result of such referenda as to the political
subdivisions affected thereby. Each political subdivision to which old-
age and survivors insurance is extended pursuant to this subdivision
shall have the option, within a reasonable period of time fixed by the
director, to file a certificate with the director fixing the effective
date of its coverage (which may include retroactive coverage for such
period as its governing body shall determine subject to the federal
social security act and which effective date shall be not later than its
last payroll date in December nineteen hundred fifty-seven) and exclud-
ing from coverage classes of employment as authorized by paragraph b of
subdivision two of section one hundred thirty-six of this article.
§ 152. Subdivisions 4 and 6 of section 152 of the retirement and
social security law, as added by chapter 796 of the laws of 1986, are
amended to read as follows:
4. "Head of the retirement system" shall mean the state comptroller,
with respect to the NEW YORK state AND LOCAL employees' retirement
system and the NEW YORK state [policemen's and firemen's] AND LOCAL
POLICE AND FIRE retirement system, and the retirement board of the other
public retirement systems of the state.
6. "Public retirement system of the state" shall mean the New York
state AND LOCAL employees' retirement system, New York state [police-
men's and firemen's] AND LOCAL POLICE AND FIRE retirement system, New
York state teachers' retirement system, New York city employees' retire-
ment system, New York city teachers' retirement system, New York city
police pension fund, New York city fire department pension fund and the
New York city board of education retirement system.
§ 153. Subdivision 3 of section 162 of the retirement and social secu-
rity law, as amended by chapter 832 of the laws of 1964, is amended to
read as follows:
3. The monthly supplemental pensions paid to local retired employees
shall not exceed the monthly supplemental pensions paid to state retired
employees pursuant to this article. The monthly supplemental pensions
paid to local retired teachers shall not exceed the monthly supplemental
pensions paid to state retired teachers pursuant to this article. The
total of all the annual retirement allowances or pension payments to the
widow OR WIDOWER, dependent children and dependent parents of a deceased
member or deceased retired member of the uniformed force of a police
department or a fire department shall not be increased by more than an
amount which, when added to all annual retirement allowances and pension
payments being made to all of such beneficiaries, and the annual retire-
ment allowances or pension payments which could have been made to them
S. 6542--A 77
in lieu of any lump sum settlement that was made instead, on account of
the death of any such [policeman or fireman] POLICE OFFICER OR FIRE-
FIGHTER, by such county, city, town or village, or by a retirement or
pension system or plan on behalf of the county, city, town or village,
shall not exceed a total of twelve hundred dollars per annum.
§ 154. Subdivision 1 of section 176 of the retirement and social secu-
rity law, as amended by chapter 473 of the laws of 1967, is amended to
read as follows:
1. The term "fund", as used in this article four-a, shall mean any
public retirement system or pension fund which grants retirement or
pension benefits to employees of the city of New York, employees of the
state of New York, employees of any department or agency of the city of
New York or the state of New York, and employees of any municipality or
other participating employer participating in the New York state AND
LOCAL employees' retirement system or the New York state [policemen's
and firemen's] AND LOCAL POLICE AND FIRE retirement system.
§ 155. Subdivision a of section 185 of the retirement and social secu-
rity law, as added by chapter 581 of the laws of 1970, is amended to
read as follows:
a. The term "fund" shall mean any public retirement system or pension
fund which grants retirement or pension benefits to employees of the
city of New York, employees of the state of New York, employees of any
department or agency of the city of New York or of the state of New
York, employees of any municipality or other participating employer
participating in the New York state AND LOCAL employees' retirement
system or the New York state [policemen's and firemen's] AND LOCAL
POLICE AND FIRE retirement system, and employees of school districts
participating in the New York state teachers' retirement system.
§ 156. The article heading of article 8 of the retirement and social
security law, as added by chapter 1000 of the laws of 1966, is amended
to read as follows:
NEW YORK STATE [POLICEMEN'S AND FIREMEN'S] AND LOCAL POLICE AND
FIRE RETIREMENT SYSTEM
§ 157. Section 290 of the retirement and social security law, as added
by chapter 1000 of the laws of 1966, is amended to read as follows:
§ 290. Short title of article. This article shall be known and may be
cited as the "[Policemen's and Firemen's] POLICE AND FIRE Retirement
System Act."
§ 158. Section 292 of the retirement and social security law, as added
by chapter 1000 of the laws of 1966, is amended to read as follows:
§ 292. Legislative intent. It is the intent of the legislature, by the
enactment of this article, to establish a separate retirement system for
[policemen and firemen] POLICE OFFICERS AND FIREFIGHTERS and to transfer
thereto all [policemen and firemen] POLICE OFFICERS AND FIREFIGHTERS
who, on the effective date of such article, are members of the New York
state AND LOCAL employees' retirement system, and all other persons who
are members of such system and contributing pursuant to the provisions
of sections eighty-one [to] THROUGH eighty-seven, inclusive, of this
chapter, immediately prior to the effective date of this article,
together with such rights, benefits, privileges, obligations and duties
enjoyed by or applicable to such [policemen, firemen] POLICE OFFICERS,
FIREFIGHTERS and other persons as members of the employees' retirement
system.
§ 159. Subdivision b of section 293 of the retirement and social secu-
rity law, as added by chapter 1000 of the laws of 1966 and as further
S. 6542--A 78
amended by section 104 of part A of chapter 62 of the laws of 2011, is
amended to read as follows:
b. After the annual valuation of the assets and liabilities of the
funds of the employees' retirement system required by subdivision d of
section eleven of this chapter and on the basis of the actuarial infor-
mation available to him OR HER on March thirty-first, nineteen hundred
sixty-seven, the comptroller shall determine the total amount of the
assets and liabilities of the employees' retirement system and the
percentage of such assets and the amount of such liabilities attribut-
able to [policemen and firemen] POLICE OFFICERS AND FIREFIGHTERS and all
other persons transferred. After such determination, and subject to the
approval of the superintendent of financial services, the comptroller
shall transfer such percentage of the total assets and the amount of
such liabilities of the employees' retirement system to the retirement
system established by this article. Each category of such assets,
including but not limited to such categories as government bonds, corpo-
rate bonds, common stocks, mortgages insured under the National Housing
Act, conventional mortgages, etc. so transferred, shall constitute as
nearly as possible the percentage of the total assets of the employees'
retirement system which are attributable to [policemen and firemen]
POLICE OFFICERS AND FIREFIGHTERS and other persons transferred deter-
mined from the actuarial valuation as of March thirty-first, nineteen
hundred sixty-seven. The assets so transferred shall include a propor-
tionate share of contributions from participating employers to be
received by the employees' retirement system after April first, nineteen
hundred sixty-seven, based on valuations prior to that date. The comp-
troller is hereby authorized and directed to invoice for and to collect
such contributions for the employees' retirement system in the same
manner and to the same extent as if the members transferred to the
system established by this article had continued as members of the
employees' retirement system.
§ 160. The section heading and subdivision a of section 294 of the
retirement and social security law, as added by chapter 1000 of the laws
of 1966, are amended to read as follows:
Transfer of retirement membership, contributions, reserves and other
credits of [policemen and firemen] POLICE OFFICERS AND FIREFIGHTERS, and
certain other persons. a. The membership in the employees' retirement
system of [policemen and firemen] POLICE OFFICERS AND FIREFIGHTERS on
the effective date of this article, and of all persons who are members
of such system on such date and contributing pursuant to the provisions
of sections eighty-one [to] THROUGH eighty-eight, inclusive, of this
chapter as in force and effect immediately prior to the effective date
of this article, shall be transferred to the retirement system estab-
lished by this article on the effective date thereof. All such persons
transferred to the retirement system established pursuant to the
provisions of this article shall be entitled to all prior service cred-
its and member service credits and to all the rights, privileges, immu-
nities, benefits, refunds, increases, advances, insurance, pensions,
annuities, retirement allowances, death benefits and options and shall
be subject to all obligations, dues, duties and requirements to which
they were entitled or were subject, as the case may be, pursuant to the
provisions of article two of this chapter. Persons becoming members of
the retirement system established by this article subsequent to March
thirty-first, nineteen hundred sixty-seven, and who are entitled to
credit for service rendered as a member of the employees' retirement
S. 6542--A 79
system shall be entitled to the same credit for such service pursuant to
this article.
§ 161. Subdivision a of section 295 of the retirement and social secu-
rity law, as added by chapter 1000 of the laws of 1966, is amended to
read as follows:
a. On the effective date of this article, all retired [policemen and
firemen] POLICE OFFICERS AND FIREFIGHTERS, and other persons who have
retired pursuant to the provisions of sections eighty-one [to] THROUGH
eighty-eight, inclusive, of this chapter, as in force and effect imme-
diately prior to the effective date of this article, and their benefici-
aries shall be transferred and become a charge upon the retirement
system established by this article and shall thereafter receive their
retirement allowances from such system.
§ 162. Section 296 of the retirement and social security law, as added
by chapter 1000 of the laws of 1966, is amended to read as follows:
§ 296. Continuation of certain tables and rates. All tables, sched-
ules, rates (including but not limited to regular and special deficiency
rates), regular and special deficiency periods, and other actuarial
tables, rates and procedures in effect and used by the employees'
retirement system for or in connection with any of its activities or
operations with respect to the membership of [policemen and firemen]
POLICE OFFICERS AND FIREFIGHTERS and persons who are members of such
system pursuant to sections eighty-one [to] THROUGH eighty-eight, inclu-
sive, shall continue to be used in the same manner by the retirement
system established by this article, and shall remain in effect unless
and until duly modified or rescinded by the provisions of this article.
§ 163. Section 297 of the retirement and social security law, as added
by chapter 1000 of the laws of 1966, is amended to read as follows:
§ 297. Transfer of records and documents. Records and documents of the
employees' retirement system relating to [policemen and firemen] POLICE
OFFICERS AND FIREFIGHTERS and other persons who are members of such
system pursuant to sections eighty-one to eighty-eight, inclusive, shall
be transferred to the retirement system established by this article.
§ 164. Subdivisions 7 and 8, subparagraph 3 of paragraph c of subdivi-
sion 9, paragraph g of subdivision 11, subdivision 20, paragraph b of
subdivision 26, subdivision 28, paragraph c of subdivision 29, paragraph
b of subdivision 29-a, subparagraph c of paragraph 1 of subdivision 31,
and subdivision 34 of section 302 of the retirement and social security
law, subdivisions 7, 8, 20, 28, 34, paragraph c of subdivision 29, and
paragraph b of subdivision 29-a as added by chapter 1000 of the laws of
1966, subparagraph 3 of paragraph c of subdivision 9 as amended by chap-
ter 950 of the laws of 1970, paragraph g of subdivision 11 as added by
chapter 228 of the laws of 1996, paragraph b of subdivision 26 as added
by chapter 423 of the laws of 1968 and relettered by chapter 178 of the
laws of 1986, and subparagraph c of paragraph 1 of subdivision 31 as
amended by chapter 616 of the laws of 1995, are amended to read as
follows:
7. "Department." Any agency of an employer or any unit of government
employing persons who are or may be entitled to become members of the
[policemen's and firemen's] POLICE AND FIRE retirement system.
8. "Employer." The state, a participating employer, and any other unit
of government or organization obligated or agreeing, under this article,
to make contributions to the retirement system on behalf of its [police-
men and firemen] POLICE OFFICERS AND FIREFIGHTERS.
(3) Upon the town's subsequently becoming a participating employer,
has paid contributions to the [policemen's and firemen's] POLICE AND
S. 6542--A 80
FIRE retirement system with respect to salary received for prior county
services, such term shall mean, at the option of such member, his OR HER
average annual compensation, including such fees and salary, earned by
him OR HER during any three consecutive years of service with such muni-
cipality selected by the applicant prior to the date of his OR HER
retirement.
g. Service as a fire chief-airport, firefighter-airport, or fire
captain-airport, with the county of Monroe. Such persons shall be deemed
[firemen] FIREFIGHTERS and members of an organized fire department for
all purposes under this chapter.
20. "Participating employer." Any municipality participating in the
[policemen's and firemen's] POLICE AND FIRE retirement system.
b. However, for purposes of crediting interest to individual accounts
in the annuity savings fund, such term shall mean four per centum per
annum, compounded annually, in the case of [policemen and firemen]
POLICE OFFICERS AND FIREFIGHTERS who last became members of the New York
state AND LOCAL employees' retirement system on or before June thirti-
eth, nineteen hundred forty-three and who have continuously thereafter
been members of either such system or the [policemen's and firemen's]
POLICE AND FIRE retirement system and shall mean three per centum per
annum, compounded annually, in the case of all other [policemen and
firemen] POLICE OFFICERS AND FIREFIGHTERS.
28. "Retirement system." The New York state [policemen's and fire-
men's] AND LOCAL POLICE AND FIRE retirement system provided for in
section three hundred ten of this article.
c. Was a member of the New York state AND LOCAL employees' retirement
system and an employee of the state or of a participating employer of
such system at the time he OR SHE entered such armed forces or was an
employee of an employer which was not a participating employer at the
time he OR SHE entered such armed forces but which elected to become a
participating employer of such system while he OR SHE was absent on
military duty, or was an employee of the state or of a participating
employer or was a teacher as defined in article eleven of the education
law at the time of his OR HER entrance into the armed forces and became
a member of the [policemen's and firemen's] POLICE AND FIRE retirement
system subsequent to separation or discharge from the armed services,
and
b. Was a member of the New York state AND LOCAL employees' retirement
system and an employee of the state or of a participating employer of
such system at the time he OR SHE entered such armed forces or was an
employee of an employer which was not a participating employer at the
time he OR SHE entered such armed forces but which elected to become a
participating employer while he OR SHE was absent on military duty, or
was an employee of the state or of a participating employer or was a
teacher as defined in article eleven of the education law at the time of
his OR HER entrance into the armed forces and became a member of the
[policemen's and firemen's] POLICE AND FIRE retirement system subsequent
to separation or discharge from the armed services, and
c. Was either a member of the New York state and local employees'
retirement system and an employee of the state or of a participating
employer of such system at the time he OR SHE entered such armed forces
or became such employee and such member while in such armed forces on or
before July first, nineteen hundred forty-eight, or became such employee
while in such armed forces and subsequently became such member on or
before July first, nineteen hundred forty-eight, or was an employee of
an employer which was not a participating employer at the time he OR SHE
S. 6542--A 81
entered such armed forces but which elected to become a participating
employer while he OR SHE was absent on military duty, or was an employee
of the state or of a participating employer or was a teacher as defined
in article eleven of the education law at the time of his OR HER
entrance into the armed forces and became a member of the [policemen's
and firemen's] POLICE AND FIRE retirement system subsequent to sepa-
ration or discharge from the armed services, and
34. "Total service." All police and fire service while a member of the
[policemen's and firemen's] POLICE AND FIRE retirement system, all
service for which a member has received credit under a retirement system
maintained by the state prior to becoming a member of the [policemen's
and firemen's] POLICE AND FIRE retirement system, all prior service
certified on a valid prior service certificate, and all service in war
after world war I certified on a valid military service certificate. For
the purposes of this article, a valid certificate heretofore issued for
service in world war II shall be deemed a certificate for service in war
after world war I.
§ 165. Section 311 of the retirement and social security law, as added
by chapter 1000 of the laws of 1966, subdivisions b and c as amended by
chapter 423 of the laws of 1968, and paragraph 4 of subdivision b as
added by chapter 178 of the laws of 1986, is amended to read as follows:
§ 311. Duties of comptroller; the actuary. a. The comptroller shall be
the administrative head of the [policemen's and firemen's] POLICE AND
FIRE retirement system. Subject to the limitations of this article and
of law, he OR SHE shall adopt and may amend, from time to time, rules
and regulations for the administration and transaction of the business
of the [policemen's and firemen's] POLICE AND FIRE retirement system and
for the custody and control of its funds. The comptroller shall:
1. Maintain all necessary accounting records, and
2. Keep in convenient form such data as shall be necessary for the
actuarial valuation of the various funds of the [policemen's and fire-
men's] POLICE AND FIRE retirement system, and
3. Establish funds, in addition to those provided for by this article,
which in his OR HER judgment are necessary or required for the proper
fiscal management of the [policemen's and firemen's] POLICE AND FIRE
retirement system, and
4. Perform such other functions as are required for the execution of
the provisions of this article.
b. The comptroller shall engage the services of an actuary and may
employ such other necessary technical and administrative assistance as
he OR SHE may require. For the purpose of determining upon the proper
tables to be prepared and submitted to the comptroller for adoption, the
actuary, from time to time, but at least once in each five years, shall
make such investigation of the mortality, service and compensation expe-
rience of the members as the comptroller may authorize. On the basis of
such investigation and upon the recommendations of the actuary, the
comptroller shall:
1. Adopt for the [policemen's and firemen's] POLICE AND FIRE retire-
ment system such mortality and other tables as shall be deemed neces-
sary, and
2. Certify the rates of deduction, if any, from compensation computed
to be necessary to pay the annuities authorized under the provisions of
this article.
3. From time to time, but at least once in each five years, promulgate
a rate or rates of estimated future investment earnings.
S. 6542--A 82
4. From time to time, but at least once in every five years, promul-
gate a rate or rates of regular interest.
c. On the basis of such aforesaid tables and an estimated rate or
rates of future investment earnings as the comptroller shall adopt:
1. The actuary shall make an annual valuation of the assets and
liabilities of the funds of the [policemen's and firemen's] POLICE AND
FIRE retirement system, and
2. The comptroller shall certify annually the rates expressed as
proportions of payroll of members, which shall be used in computing the
contributions required to be made by employers to the pension accumu-
lation fund.
d. The comptroller shall make an annual report showing the valuation
of the assets and liabilities of the funds of the [policemen's and fire-
men's] POLICE AND FIRE retirement system, as certified by the actuary, a
statement of receipts and disbursements and his OR HER recommendations
in regard thereto. Such report shall be published with and as a part of
the annual report of the comptroller.
e. Special interest, if any, shall be credited annually in the same
manner as regular interest pursuant to subdivision i of section three
hundred thirteen of this article to the individual annuity savings
accounts of persons who are members as of the close of the fiscal year.
f. The records of the [policemen's and firemen's] POLICE AND FIRE
retirement system shall be open to public inspection.
g. The comptroller shall adopt and amend pursuant to this article only
such rules and regulations as he OR SHE determines to be for the best
interest of the retirement system and its members.
§ 166. Section 312 of the retirement and social security law, as added
by chapter 1000 of the laws of 1966, is amended to read as follows:
§ 312. Statement of services. a. It shall be the duty of the head of
each department or agency of the state government employing [policemen
and/or firemen] POLICE OFFICERS AND/OR FIREFIGHTERS, and of the chief
fiscal officer of each participating employer, at the request of the
comptroller, to submit to him OR HER a statement showing the name,
title, compensation, duties, date of birth and length of service of each
[policeman and/or fireman] POLICE OFFICER AND/OR FIREFIGHTER: (exclu-
sive of members of a local system), and such other information as the
comptroller may require. If any such [policeman or fireman] POLICE OFFI-
CER OR FIREFIGHTER be principally engaged upon duties differing from
those specified by the appropriate civil service commission for the
title held by him OR HER, such head of department or agency, or chief
fiscal officer, shall certify the reasons therefor and the probable
duration of the duties being so performed by such [policeman or fireman]
POLICE OFFICER OR FIREFIGHTER.
b. Each [policeman and fireman] POLICE OFFICER AND FIREFIGHTER shall
be subject to all the provisions of this article and to all the rules
and regulations adopted by the comptroller.
§ 167. Section 313 of the retirement and social security law, as added
by chapter 1000 of the laws of 1966, subdivision d as amended by chapter
460 of the laws of 1971, paragraph 2 of subdivision f as amended by
chapter 908 of the laws of 1971, and subdivision i as amended by chapter
1046 of the laws of 1973, is amended to read as follows:
§ 313. Management of funds. a. The funds of the [policemen's and
firemen's] POLICE AND FIRE retirement system shall be managed in accord-
ance with this section.
b. The comptroller shall be trustee of the several funds of the
[policemen's and firemen's] POLICE AND FIRE retirement system. Such
S. 6542--A 83
funds shall be invested by the comptroller in securities in which he OR
SHE is authorized by law to invest the funds of the state, except that
he OR SHE may invest in obligations consisting of notes, bonds, deben-
tures or equipment trust certificates issued under an indenture, which
are the direct obligations of, or in the case of equipment trust certif-
icates are secured by direct obligations of, a railroad or industrial
corporation, or a corporation engaged directly and primarily in the
production, transportation, distribution, or sale of electricity, or
gas, or the operation of telephone or telegraph systems or waterworks,
or in some combination of them; provided the obligor corporation is one
which is incorporated under the laws of the United States, or any state
thereof, or of the District of Columbia, and said obligations shall be
rated at the time of purchase within the three highest classifications
established by at least two standard rating services. The maximum
amount that the comptroller may invest in such obligations shall not
exceed thirty per centum of the assets of the New York state [police-
men's and firemen's] POLICE AND FIRE retirement system's funds; and
provided further that not more than two and one-half per centum of the
assets of the New York state [policemen's and firemen's] POLICE AND FIRE
retirement system's funds shall be invested in the obligations of any
one corporation of the highest classification and subsidiary or subsid-
iaries thereof, that not more than two per centum of the assets of the
New York state [policemen's and firemen's] POLICE AND FIRE retirement
system's funds shall be invested in the obligations of any one corpo-
ration of the second highest classification and subsidiary or subsid-
iaries thereof, that not more than one and one-half per centum of the
assets of the New York state [policemen's and firemen's] POLICE AND FIRE
retirement system's funds shall be invested in the obligations of any
one corporation of the third highest classification and subsidiary or
subsidiaries thereof. He OR SHE shall, however, be subject to all
terms, conditions, limitations and restrictions imposed by this article
and by law upon the making of such investments. The comptroller shall
have full power:
1. To hold, purchase, sell, assign, transfer or dispose of any of the
securities or investments, in which any of the funds of the [policemen's
and firemen's] POLICE AND FIRE retirement system shall be invested,
including the proceeds of such investments and any monies belonging to
such funds, and
2. In his OR HER name as trustee, to foreclose mortgages upon default
or to take title to real property in such proceedings in lieu thereof
and to lease and sell real property so acquired.
c. The comptroller annually shall credit to each of the funds of the
[policemen's and firemen's] POLICE AND FIRE retirement system regular
interest on the mean amount therein for the preceding year.
d. The custody of all funds of the [policemen's and firemen's] POLICE
AND FIRE retirement system shall be in the charge of the head of the
division of the treasury of the department of taxation and finance,
subject to the supervision and control of the commissioner of taxation
and finance.
e. Payment of all pensions, annuities and other benefits shall be made
as provided in this article. For the purpose of meeting disbursements
for pensions, annuities and other payments ordered by the comptroller,
the head of such division may keep on deposit an available fund which
shall not exceed ten per centum of the total amount of the several funds
of the [policemen's and firemen's] POLICE AND FIRE retirement system.
Every such deposit shall be kept only in a bank or trust company organ-
S. 6542--A 84
ized under the laws of this state, or in a national bank located in this
state, which shall furnish adequate security therefor.
f. The comptroller, however, shall have a fund in his OR HER immediate
possession. Such fund shall be used for the immediate payment of:
1. All pensions, annuities and other benefits, and
2. Such expenses as may necessarily be incurred in acquiring, servic-
ing and foreclosing mortgages and in acquiring, managing and protecting
investments, and
3. Such special expenditures for which the [policemen's and firemen's]
POLICE AND FIRE retirement system will be paid by the state or a partic-
ipating employer. Such fund shall be reimbursed from time to time by the
head of such division on the warrant of the comptroller.
g. Neither the comptroller nor any person employed on the work of the
[policemen's and firemen's] POLICE AND FIRE retirement system shall:
1. Except as herein provided, have any interest, direct or indirect,
in the gains or profits of any investment of the [policemen's and fire-
men's] POLICE AND FIRE retirement system, nor, in connection therewith,
directly or indirectly, receive any pay or emolument for his OR HER
services.
2. Except as provided in section three hundred fifty of this article:
(a) Directly or indirectly, for himself OR HERSELF or as an agent or
partner of others, borrow any of its funds or deposits or in any manner
use the same except to make such current and necessary payments as are
authorized by the comptroller, or
(b) Become an endorser, surety or an obligor in any manner of monies
loaned by or borrowed of such funds.
h. The [policemen's and firemen's] POLICE AND FIRE retirement system
may use a part of its funds, not exceeding ten per centum of its assets,
(1) for purchasing or leasing of land in the city of Albany and the
construction thereon of a suitable office building or buildings for the
transaction of the business of the retirement system, (2) for purchasing
or leasing of land in the cities of Albany, Syracuse, Buffalo, Bingham-
ton, New York, Rochester and Utica and the construction thereon of a
suitable office building or buildings for purposes of lease or sale to
the state, (3) for purchasing or leasing of land in the city of Albany
on the north and south sides of Washington avenue commonly known as the
"Campus Site" acquired by the state for a state building site pursuant
to the provisions of chapter five hundred seventy-two of the laws of
nineteen hundred forty-seven and the construction thereon of power
plants including service connections, electric substations including
service connections, garages, warehouses and restaurant facilities
deemed necessary for the efficient and economical operation of the
office building or buildings constructed on such land and (4) for
purchasing or leasing of land in the city of Albany acquired by the
state for suitable parking facilities for the use primarily of employees
of the state and persons having business with state departments and
state agencies and the construction thereon of such structures, appurte-
nances and facilities deemed necessary for the efficient and economical
operation of the parking facilities constructed on such land and (5) for
purchasing or leasing of land in locations approved by the state univer-
sity trustees and the construction, acquisition, reconstruction, reha-
bilitation or improvement of suitable buildings or facilities thereon
for purposes of lease or sale to the state university construction fund,
such buildings or facilities to be used by the state university or by
state-operated institutions or statutory or contract colleges under the
jurisdiction of the state university or by the students, faculty and
S. 6542--A 85
staff of the state university or of any such state-operated institution
or statutory or contract college, and their families.
The [policemen's and firemen's] POLICE AND FIRE retirement system from
time to time may lease to any public agency any portion of a building
constructed for the transaction of its business which may not be
required for such purpose, upon such terms and conditions as shall be
deemed to be for the best interest of the [policemen's and firemen's]
POLICE AND FIRE retirement system.
Real property of the [policemen's and firemen's] POLICE AND FIRE
retirement system acquired or constructed pursuant to this subdivision
shall be exempt from taxation.
i. At the close of each fiscal year, the average rate of investment
earnings of the retirement system shall be computed by the actuary and
certified to the comptroller. This rate shall be determined from the
investment earnings during the calendar year which ended three months
prior to the close of the fiscal year. For any year that such average
rate of earnings is in excess of three per centum but not in excess of
four per centum, the comptroller shall declare a rate of special inter-
est, for members earning regular interest of three per centum, equal to
the difference between such average rate of earnings and three per
centum, expressed to the lower one-tenth of one per centum, but not in
excess of one per centum. For any year, commencing with the fiscal year
the first day of which is April first, nineteen hundred seventy, that
such average rate of earnings is in excess of four per centum, the
special rate of interest for members earning regular interest of three
per centum shall be equal to the difference between such average rate of
earnings and three per centum, expressed to the lower one-tenth of one
per centum, but not in excess of two per centum, and for members earning
regular interest of four per centum, it shall be the difference between
such average rate of earnings and four per centum, expressed to the
lower one-tenth of one per centum, but not in excess of one per centum.
Special interest at such rates, shall be credited, by the comptroller at
the same time that regular interest is credited, to the individual annu-
ity savings accounts of persons who are members as of the close of the
fiscal year. Special interest shall not be considered in determining
rates of contribution of members. In the case of persons who last became
members on or after July first, nineteen hundred seventy-three, the
provisions of this subdivision shall apply only to the fiscal years
beginning April first, nineteen hundred seventy-two and ending March
thirty-first, nineteen hundred seventy-three.
j. The retirement system may invest, within the limitations authorized
for investments in conventional mortgages, a part of its funds in first
mortgages on real property located anywhere within the boundaries of the
United States and leased to the government of the United States,
provided however, that no such investment shall be made unless the terms
of the mortgage shall provide for amortization payments in an amount
sufficient to completely amortize the loan within the period of the
lease.
§ 168. Section 314 of the retirement and social security law, as added
by chapter 1000 of the laws of 1966, is amended to read as follows:
§ 314. Legal adviser. The [attorney-general] ATTORNEY GENERAL of the
state shall be the legal adviser of the [policemen's and firemen's]
POLICE AND FIRE retirement system.
§ 169. Section 315 of the retirement and social security law, as added
by chapter 1000 of the laws of 1966 and as further amended by section
S. 6542--A 86
104 of part A of chapter 62 of the laws of 2011, is amended to read as
follows:
§ 315. State supervision. The [policemen's and firemen's] POLICE AND
FIRE retirement system established by this article shall be subject to
the supervision of the superintendent of financial services. Such super-
vision shall be in accordance with the provisions of the insurance law
to the extent that such provisions are applicable to the [policemen's
and firemen's] POLICE AND FIRE retirement system and are not inconsist-
ent with the provisions of this article.
§ 170. Section 316 of the retirement and social security law, as added
by chapter 1000 of the laws of 1966, and subdivision a as amended by
chapter 33 of the laws of 1986, is amended to read as follows:
§ 316. Annual appropriation by state. a. Upon the basis of each annual
actuarial valuation and appraisal provided for in this article, the
comptroller, on or before the fifteenth day of October of each year,
shall prepare and file with the director of the budget an itemized esti-
mate of the amounts necessary to be appropriated by the state to the
pension accumulation fund and the New York state public employees group
life insurance plan, as appropriate. Such itemized estimate may be
revised on or before December thirtieth of each such year. Such amounts
shall be sufficient to provide for payment in full for (i) the succeed-
ing fiscal year of all estimated obligations of the state to the
[policemen's and firemen's] POLICE AND FIRE retirement system; and (ii)
any actual obligations of the state to such retirement system, remaining
unpaid, plus interest on such amount, for the fiscal year ending on the
March thirty-first preceding such date; provided, however, that such
estimate of actual obligations shall be made commencing with the filings
due on October fifteenth, nineteen hundred eighty-seven and thereafter.
If, as a result of the estimate required to be made pursuant to clause
(i) of the preceding sentence, the state overpaid its actual obligation
to the retirement system in any year, the amount estimated in the filing
required by this subdivision next succeeding such overpayment shall
reflect the amount of such overpayment, plus interest on such amount, as
a reduction in amounts that would otherwise be estimated to be due the
retirement system from the state. An item of appropriation which shall
be sufficient to provide for such obligations shall be included in the
next annual appropriation bill when it is presented to the legislature
for passage. The amounts so appropriated or so much thereof as may be
required shall be paid from the state treasury on warrant of the comp-
troller into the pension accumulation fund and the New York state public
employees group life insurance plan, as appropriate, on March first of
each state fiscal year. For the purposes of this section, interest shall
mean the rate or rates of interest used in the actuarial valuations
covering the period of time over which such interest is computed.
b. On or before the fifteenth day of October of each year the comp-
troller shall file with the director of the budget an itemized estimate
of the expenses of the [policemen's and firemen's] POLICE AND FIRE
retirement system for the ensuing year. The director of the budget may
revise and amend such estimate. After such revision and amendment, if
any, such director shall approve the same for inclusion in the executive
budget. No monies shall be paid out of the pension accumulation fund
for such expenses unless expenditures therefor shall have been author-
ized by law.
c. Whenever the compensation of any member of the [policemen's and
firemen's] POLICE AND FIRE retirement system is paid from a special or
administrative fund provided for by law, all contributions to the
S. 6542--A 87
[policemen's and firemen's] POLICE AND FIRE retirement system including
a proportionate share of the administrative expense thereof, which
otherwise would be chargeable to the general fund of the state, shall,
with the approval of the director of the budget, be paid from such
special or administrative fund.
§ 171. Subdivision a of section 316-a of the retirement and social
security law, as added by chapter 33 of the laws of 1986, is amended to
read as follows:
a. On or before September first, nineteen hundred eighty-six, on the
basis of the annual actuarial valuation and appraisal procedure provided
for in this article, the comptroller shall determine the annual amounts
that, had this section not been enacted, would have been required to be
paid into the pension accumulation fund and the New York state public
employees group life insurance plan, as appropriate, from the general
fund of the state for all obligations of the state to the [policemen's
and firemen's] POLICE AND FIRE retirement system, not discharged prior
to such date, for state fiscal years ending March thirty-first, nineteen
hundred eighty-five and March thirty-first, nineteen hundred eighty-six
and amounts for the state's contribution for the retirement incentive
program that would, had this section not been enacted, be due to be paid
into the pension accumulation fund during fiscal years ending March
thirty-first, nineteen hundred eighty-seven and March thirty-first,
nineteen hundred eighty-eight. Such amounts shall include interest, as
defined in section three hundred sixteen of this article through the
last day of February, nineteen hundred eighty-seven. The sum of such
amounts shall be called the "amount to be amortized".
§ 172. Paragraph 5 of subdivision a of section 318 of the retirement
and social security law, as added by chapter 1000 of the laws of 1966,
is amended to read as follows:
5. The expenses of the [policemen's and firemen's] POLICE AND FIRE
retirement system, as provided for or granted under the provisions of
this article. In the case of employer contributions required to be made
for prior service allowed pursuant to paragraph three of subdivision b
of section three hundred forty-one of this article, the provisions of
such paragraph three shall govern.
§ 173. Section 319 of the retirement and social security law, as added
by chapter 177 of the laws of 1986, is amended to read as follows:
§ 319. Filing of documents with the retirement system. Whenever a
statute requires that a document be filed with the state comptroller, as
administrative head of the New York state [policemen's and firemen's]
AND LOCAL POLICE AND FIRE retirement system, within a prescribed period
of time or by a specified date, and such document has been mailed to the
comptroller or the retirement system by United States Postal Service
certified mail, return receipt requested, the document shall be deemed
filed on the date of mailing. Notwithstanding this provision, no docu-
ment shall be deemed filed on the date of mailing unless it is actually
received by the retirement system as a result of such mailing.
§ 174. Section 320 of the retirement and social security law, as added
by chapter 1000 of the laws of 1966, is amended to read as follows:
§ 320. The funds of the [policemen's and firemen's] POLICE AND FIRE
retirement system. The funds hereby created are as follows:
(a) the [policemen's and firemen's] POLICE AND FIRE annuity savings
fund, hereinafter referred to as the annuity savings fund;
(b) the [policemen's and firemen's] POLICE AND FIRE annuity reserve
fund, hereinafter referred to as the annuity reserve fund;
S. 6542--A 88
(c) the [policemen's and firemen's] FIRE AND POLICE pension accumu-
lation fund, hereinafter referred to as the pension accumulation fund;
(d) the [policemen's and firemen's] POLICE AND FIRE pension reserve
fund, hereinafter referred to as the pension reserve fund.
§ 175. Paragraph 1 of subdivision h, paragraph 1 of subdivision i,
subdivision j, and paragraph 1 of subdivision k of section 321 of the
retirement and social security law, as added by chapter 1000 of the laws
of 1966, and paragraph 1 of subdivision l as amended by chapter 601 of
the laws of 1978, are amended to read as follows:
1. A member of the [policemen's and firemen's] POLICE AND FIRE retire-
ment system, whose retirement contributions to the New York state
employees' retirement system were determined by fixing the value of his
OR HER maintenance at one-half the cash compensation received by him OR
HER and whose contributions were subsequently reduced by the fixing of a
lower value for the same maintenance theretofore furnished, may elect to
have his OR HER contributions computed on the basis of his OR HER gross
compensation as established prior to such reduction in value of mainte-
nance, provided that:
1. Any member of the [policemen's and firemen's] POLICE AND FIRE
retirement system, upon forms prescribed and furnished by the comp-
troller, may elect to make additional contributions at the rate of fifty
per centum of his OR HER rate of normal contribution for the purpose of
purchasing additional annuity.
j. Where a member's rate of contribution is reduced because his OR HER
employer contributes toward pensions-providing-for-increased-take-home-
pay pursuant to section three hundred seventy-a of this article, such
member may by written notice duly acknowledged and filed with the comp-
troller within one year after such reduction or within one year after he
OR SHE last became a member, whichever is later, elect to waive such
reduction. One year or more after the filing thereof, a member may with-
draw any such waiver by written notice duly acknowledged and filed with
the comptroller. Where a member makes an election to waive such
reduction, he OR SHE shall contribute to the [policemen's and firemen's]
POLICE AND FIRE retirement system as otherwise provided in this article.
1. Any member of the [policemen's and firemen's] POLICE AND FIRE
retirement system who is not otherwise required by law to make contrib-
utions may elect to make voluntary contributions for the purpose of
purchasing additional annuity.
§ 176. Subdivision d of section 322 of the retirement and social secu-
rity law, as added by chapter 1000 of the laws of 1966, is amended to
read as follows:
d. If a member, retired for any reason, returns to active police or
fire service and again becomes a member of the [policemen's and fire-
men's] POLICE AND FIRE retirement system, his OR HER annuity reserve
shall be transferred from the annuity reserve fund to the annuity
savings fund.
§ 177. Paragraph 2 of subdivision a of section 323 of the retirement
and social security law, as added by chapter 1000 of the laws of 1966,
is amended to read as follows:
2. All income received from the investments of the [policemen's and
firemen's] POLICE AND FIRE retirement system, and
§ 178. Subdivision e of section 324 of the retirement and social secu-
rity law, as added by chapter 1000 of the laws of 1966, is amended to
read as follows:
e. If a member, retired for any reason, returns to active police or
fire service and again becomes a member of the [policemen's and fire-
S. 6542--A 89
men's] POLICE AND FIRE retirement system, his OR HER pension reserve
shall be transferred from the pension reserve fund to the pension accu-
mulation fund.
§ 179. Subdivisions a and b of section 330 of the retirement and
social security law, as added by chapter 1000 of the laws of 1966, are
amended to read as follows:
a. Every municipality (exclusive of those maintaining a local pension
system for all its [policemen and firemen] POLICE OFFICERS AND FIRE-
FIGHTERS) employing [policemen and firemen] POLICE OFFICERS AND FIRE-
FIGHTERS must participate in the [policemen's and firemen's] POLICE AND
FIRE retirement system, and such participation shall be irrevocable.
b. A municipality maintaining a local pension system for its [police-
men and firemen] POLICE OFFICERS AND FIREFIGHTERS may elect to partic-
ipate in the [policemen's and firemen's] POLICE AND FIRE retirement
system upon the petition of sixty per centum of the members of the local
pension system for [policemen and firemen] POLICE OFFICERS AND FIRE-
FIGHTERS. Such election shall be exercised by the adoption of a resol-
ution approved by its local legislative body and any other body or offi-
cer required by law to approve resolution of such local legislative
body. Upon the filing of a certified copy of such resolution with the
comptroller, such election shall be irrevocable, and the municipality
shall become a participating employer. As of the date such participation
is approved:
1. The operation of such local pension system shall be discontinued.
2. The existing pensioners and annuitants of such local pension system
shall be continued and paid at their existing rates by the [policemen's
and firemen's] POLICE AND FIRE retirement system.
3. Any cash and securities to the credit of such local pension system
shall be transferred to the [policemen's and firemen's] POLICE AND FIRE
retirement system.
4. The trustees or other administrative head of such local pension
system shall certify the proportion, if any, of the funds of such system
that represents the accumulated contributions of the members and the
individual shares of the members therein. Such shares shall be credited
to the respective annuity savings accounts of such members in this
retirement system. The balance of the funds so transferred to the
[policemen's and firemen's] POLICE AND FIRE retirement system shall be
offset against the liability on account of existing pensioners, annui-
tants and active members. The resulting liability so determined shall be
the basis for the rate of deficiency contribution of such county, city,
town or village as determined pursuant to section twenty-three of this
article.
§ 180. Section 331 of the retirement and social security law, as added
by chapter 1000 of the laws of 1966, subdivision b as amended by chapter
628 of the laws of 1991, and subdivision d as further amended by section
104 of part A of chapter 62 of the laws of 2011, is amended to read as
follows:
§ 331. Participation by public or quasi-public organizations. a. Any
public or quasi-public organization which heretofore joined the NEW YORK
state AND LOCAL employees' retirement system, on behalf of its [police-
men and firemen] POLICE OFFICERS AND FIREFIGHTERS, shall on and after
April first, nineteen hundred sixty-seven, participate, on behalf of
such [policemen and firemen] POLICE OFFICERS AND FIREFIGHTERS, in the
[policemen's and firemen's] POLICE AND FIRE retirement system pursuant
to the provisions of this article.
S. 6542--A 90
b. On and after April first, nineteen hundred sixty-seven, any public
or quasi-public organization created wholly or partly or deriving its
powers by the legislature of the state and which organization employs
[policemen and firemen] POLICE OFFICERS AND FIREFIGHTERS engaged in
service to the public, by resolution legally adopted by its governing
body and approved by the comptroller, may elect to have its [policemen
and firemen] POLICE OFFICERS AND FIREFIGHTERS become eligible to partic-
ipate in the New York state and local police and fire retirement system.
Acceptance of the officers and employees of such an employer for member-
ship in the New York state and local police and fire retirement system
shall be optional with the comptroller. If he OR SHE shall approve their
participation, such organization, except as specifically provided in
this article to the contrary, shall thereafter be treated as a partic-
ipating employer. Notwithstanding the foregoing provisions of this
subdivision, The Long Island Rail Road Company, upon its election filed
with the comptroller, shall participate in the New York state and local
police and fire retirement system with respect to LIRR police officers
as defined in paragraph two of subdivision a of section three hundred
eighty-nine of this article who are referred to in paragraph three of
subdivision b or in paragraph one of subdivision c of section three
hundred forty of this article, their benefits to be as provided in or
pursuant to such section three hundred eighty-nine, provided that such
election may only be made subsequent to the latest date of the enactment
of federal legislation or receipt of assurance or relief from the rele-
vant federal agency or agencies for all of the following: removal of
such LIRR police officers from coverage under the Federal Employers'
Liability Act and the federal Railway Labor Act, removal of such LIRR
police officers from coverage under the federal Railroad Retirement Act
and the federal Railroad Unemployment Insurance Act and exemption for
such LIRR police officers and The Long Island Railroad Company from
liability either for taxes under the federal Railroad Retirement Tax Act
or the federal Railroad Unemployment Repayment Tax, and further provided
that the authority for such election shall expire and be null and void
if each such enactment or receipt is not effected on or before June
fifteenth, nineteen hundred ninety-six.
c. The officers and employees of such organization shall be credited
with such periods of prior service as shall be certified by their
employer for service rendered to it, or its predecessor, or the state,
or in any other capacity approved by such employer and the comptroller.
Service for such employer after the date on which it commences to
participate in the [policemen's and firemen's] POLICE AND FIRE retire-
ment system and on account of which such employer pays contributions
shall be considered as member service. An officer or employee of such
employer who, as of the date he OR SHE is so approved for membership in
the [policemen's and firemen's] POLICE AND FIRE retirement system, is
already a member thereof, shall not have his OR HER total credit reduced
by such approval. Any reserve held on account of any such officer or
employee in the pension accumulation fund shall be used as an offset
against the deficiency contribution payable thereafter by such employer
on account of such officer or employee for any prior service credit and
any such previous credit. Except as otherwise provided in this article,
a [policeman or fireman] POLICE OFFICER OR FIREFIGHTER of such employer
who, by reason of his OR HER service, is a member of any other govern-
mental retirement system shall not participate in the [policemen's and
firemen's] POLICE AND FIRE retirement system on that part of his OR HER
compensation so covered. The term "governmental retirement system," as
S. 6542--A 91
used in this subdivision, shall include any retirement system wholly or
partly maintained by this state, by a municipality of this state, by
another state or political subdivision thereof, by the United States
government, or by any foreign country or political subdivision thereof.
The provision in subdivision b of THIS section [three hundred thirty-
one the retirement and social security law] limiting participation in
the New York state [policemen's and firemen's] POLICE AND FIRE retire-
ment system by reason of membership in another governmental retirement
system shall not diminish or in any other way affect the prior or
continual membership in the New York state [policemen's and firemen's]
POLICE AND FIRE retirement system, or any rights or benefits heretofore
or hereafter arising therefrom, of any officer or employee of a public
or quasi-public organization who (1) is in the service of such employer
at the time this act takes effect, or was in such service prior thereto,
and (2) by reason of such service is or was a member of any retirement
system maintained by the United States government.
d. An agreement, made by such an employer pursuant to this section, to
contribute on account of its officers and employees shall be irrev-
ocable. In the event that such employer for any reason becomes finan-
cially unable to make the contributions required on account of its offi-
cers and employees, it shall be deemed to be in default. A certificate
to such effect thereupon shall be sent by the comptroller to the employ-
er and to the state superintendent of financial services. Every member
of the [policemen's and firemen's] POLICE AND FIRE retirement system,
who was an officer or employee of such employer at the time of default,
upon demand made within ninety days thereafter, shall be entitled to
discontinue his OR HER membership in the [policemen's and firemen's]
POLICE AND FIRE retirement system and to a refund of his OR HER accumu-
lated contributions. As of a date ninety days following the date of such
certificate of default, the actuary of the [policemen's and firemen's]
POLICE AND FIRE retirement system, by actuarial valuation, shall deter-
mine the amount of the reserves held on account of each active member
and pensioner of such employer. He OR SHE shall credit to each such
member and pensioner the amount of reserve so held. In the event such an
active member does not discontinue his OR HER membership and thus become
entitled to the refund of his OR HER accumulated contributions, the
reserve so credited, together with the amount of his OR HER accumulated
contributions shall be used to provide him OR HER a paid up deferred
annuity beginning at age sixty. The reserve of each pensioner shall be
used in providing such part of his OR HER existing pension as the
reserve so held will provide, which pension, together with his OR HER
annuity, shall thereafter be payable to him OR HER. The rights and priv-
ileges of both active members and pensioners of such employer shall
thereupon terminate except as to the payment of the deferred annuities
so provided for the previous active members and the annuities and the
pensions, or parts thereof provided for the pensioners.
e. Notwithstanding anything to the contrary, the [policemen's and
firemen's] POLICE AND FIRE retirement system shall not be liable for the
payment of any pensions or other benefits on account of the officers,
employees or pensioners of any employer under this section for which
reserves have not been previously created from funds contributed by such
employer or its officers or employees for such benefits. This provision
shall not apply to any municipality which elected to participate in the
retirement system under former section seventy-five-a of this law prior
to July first, nineteen hundred forty-eight.
S. 6542--A 92
§ 181. The section heading, the opening paragraph and paragraphs 1 and
2 of subdivision b, the opening paragraph and paragraphs 1, 2 and 3 of
subdivision c, paragraph 2 of subdivision d, the opening paragraph and
paragraph 1 of subdivision e, and the opening paragraph of subdivision f
of section 340 of the retirement and social security law, as added by
chapter 1000 of the laws of 1966, and paragraph 2 of subdivision d as
amended by chapter 591 of the laws of 1967, are amended to read as
follows:
Membership of the [policemen's and firemen's] POLICE AND FIRE retire-
ment system.
Membership in the [policemen's and firemen's] POLICE AND FIRE retire-
ment system shall be mandatory for the following:
1. [Policemen and firemen] POLICE OFFICERS AND FIREFIGHTERS now
employed or hereafter appointed by an employer.
2. [Policemen and firemen] POLICE OFFICERS AND FIREFIGHTERS now
employed or hereafter appointed by a participating employer in a posi-
tion in the classified civil service, other than in a position in the
exempt class, and who is not eligible to become a member of a local
pension system. The employers of such [policemen and firemen] POLICE
OFFICERS AND FIREFIGHTERS shall pay into the pension accumulation fund
the amount required to pay the accrued liability on account of such
[policemen and firemen] POLICE OFFICERS AND FIREFIGHTERS, as computed by
the actuary. Such payments shall be made in such installments as the
comptroller shall require.
The following may become members of the [policemen's and firemen's]
POLICE AND FIRE retirement system:
1. [Policemen and firemen] POLICE OFFICERS AND FIREFIGHTERS in the
service of a public or quasi-public organization if their employer has
elected to participate as provided in section three hundred thirty-one
OF THIS ARTICLE.
2. Officers and employees of the federal government who have at least
five years of member service credit at the time they become federal
officers or employees may continue as contributing members. The
provisions of this paragraph [two] shall not affect the membership of
officers and employees of the federal government heretofore commenced or
continued hereunder, provided, however, that all memberships hereunder
shall be conditioned upon the receipt by the [policemen's and firemen's]
POLICE AND FIRE retirement system of the payments required by section
three hundred forty-two of this article.
3. Notwithstanding any inconsistent provision of subdivision e of this
section, or of this chapter or of any other law, an officer or employee
in the service of the state or of a participating employer who, at the
time of entering such service, was or is entitled to benefits by any
other pension or retirement system maintained by the state or a poli-
tical subdivision thereof, provided such benefits, exclusive of any
annuity based solely on his OR HER own contributions and interest there-
on, are suspended during his OR HER active membership in the [police-
men's and firemen's] POLICE AND FIRE retirement system. He OR SHE shall
contribute to the retirement system as a new member.
2. Any public authority or public corporation organized pursuant to
the laws of this state and which is not a participating employer, may
file a written election with the comptroller stating that he OR SHE
elects to continue as a member. Such election shall be subject to the
approval of the comptroller and such continuance shall be conditioned
upon the receipt by the [policemen's and firemen's] POLICE AND FIRE
S. 6542--A 93
retirement system of the payments required by section three hundred
forty-two of this article.
Any person who is or may be entitled to benefits by any other law
providing for pensions and annuities for civil service employees, wholly
or partly at the expense of the state or of a political subdivision
thereof, shall not be a member of the [policemen's and firemen's] POLICE
AND FIRE retirement system. This provision, however, shall not:
1. Affect the membership of any person who was a member of the NEW
YORK state AND LOCAL employees' retirement system on April first, nine-
teen hundred sixty-seven and who became a member of the [policemen's and
firemen's] POLICE AND FIRE retirement system after such date.
Membership in the [policemen's and firemen's] POLICE AND FIRE retire-
ment system shall cease upon the occurrence of any one of the following
conditions:
§ 182. Paragraph 1 of subdivision c of section 340 of the retirement
and social security law, as amended by chapter 628 of the laws of 1991,
is amended to read as follows:
1. [Policemen and firemen] POLICE OFFICERS AND FIREFIGHTERS in the
service of a public or quasi-public organization, if their employer has
elected to participate as provided in section three hundred thirty-one
of this article, including each LIRR police officer as defined in para-
graph two of subdivision a of section three hundred eighty-nine of this
article who is such on the effective date of such section three hundred
eighty-nine and who files an election with the comptroller in accordance
with subdivision a of this section within ninety days after the effec-
tive date of section three hundred eighty-nine of this article. Such an
election by a LIRR police officer shall be effective as of such effec-
tive date and shall be a waiver of any and all rights such officer may
have had to benefits under any pension plan sponsored by The Long Island
Rail Road Company other than the retirement plan provided for in section
three hundred eighty-nine of this article.
§ 183. Paragraphs 6 and 7 of subdivision b, subparagraph (b) of para-
graph 2 of subdivision c, paragraph 2 of subdivision f, and paragraph 4
of subdivision h of section 341 of the retirement and social security
law, as added by chapter 1000 of the laws of 1966, are amended to read
as follows:
6. Civil service in any capacity as an officer or employee of the
federal government, or military duty in the armed forces of the federal
government and not otherwise creditable, rendered or performed by a
member prior to the time he OR SHE last became a member. The allowance
of credit for such service shall be conditioned upon the receipt by the
[policemen's and firemen's] POLICE AND FIRE retirement system of all the
payments required to be made on account thereof by section three hundred
forty-two of this article.
7. Civil service rendered as an officer or employee of the federal
government as provided in subdivision d of section three hundred forty
of this article. The allowance of credit for such service shall be
conditioned upon the receipt by the retirement system of all the
payments required to be made on account thereof by section three hundred
forty-two of this article. Except as so provided, employment by the
federal government shall not entitle a person to contribute to the
[policemen's and firemen's] POLICE AND FIRE retirement system during the
period of such employment.
(b) Redeposits such withdrawn amount in the annuity savings fund,
either in a lump sum or in installments; provided, however, that a
member joining the [policemen's and firemen's] POLICE AND FIRE retire-
S. 6542--A 94
ment system pursuant to paragraph three of subdivision c of section
three hundred forty of this article shall not be permitted to purchase
credit for, or otherwise be allowed credit for the previous service upon
which his OR HER retirement or pension from another pension or retire-
ment system is or would be based. If such payment be made in install-
ments, the same shall be paid within a period no greater than the number
of months of member service lost by such withdrawal.
2. Upon such return to service, such member shall contribute to the
[policemen's and firemen's] POLICE AND FIRE retirement system as a new
member.
4. A member's prior service certificate, certificate for service in
war after world war I, or any such certificate as modified, shall become
void upon the termination of his OR HER membership in the [policemen's
and firemen's] POLICE AND FIRE retirement system. Except as provided by
subdivision d of section four hundred two of this article, resumption of
membership after such termination shall be without credit for prior
service or service in war after world war I.
§ 184. The opening paragraph of subdivision a, paragraph 1 of subdivi-
sion b, the opening paragraph and paragraph 6 of subdivision g, and
subdivision h of section 350 of the retirement and social security law,
as added by chapter 1000 of the laws of 1966, and paragraph 1 of subdi-
vision b and the opening paragraph of subdivision g as amended by chap-
ter 454 of the laws of 1991, are amended to read as follows:
The following may borrow from the [policemen's and firemen's] POLICE
AND FIRE retirement system:
1. An amount so borrowed, together with interest on any unpaid
balances thereof, shall be repaid in equal installments which shall be
deducted from the member's compensation. Such additional contributions
shall be in such amount as the comptroller shall approve. They shall,
however, be at least equal to the member's normal contribution to the
[policemen's and firemen's] POLICE AND FIRE retirement system, or ten
dollars per month, whichever is lower.
Each loan made pursuant to this section shall be insured against the
death of the member. Such insurance shall be provided by the comptroller
through the [policemen's and firemen's] POLICE AND FIRE retirement
system upon the following basis:
6. Continuity of insurance not obligatory. This subdivision [g] shall
not impose any obligation whatsoever upon the [policemen's and fire-
men's] POLICE AND FIRE retirement system or any employer to continue to
insure loans of members upon the terms and conditions herein provided or
upon any other terms and conditions.
h. Loans made to certain [policemen and firemen] POLICE OFFICERS AND
FIREFIGHTERS. Each loan made to [policemen and firemen] POLICE OFFICERS
AND FIREFIGHTERS while such persons were members of the NEW YORK state
AND LOCAL employees' retirement system shall be repaid according to the
provisions of subdivision b of this section.
§ 185. Paragraph 2 of subdivision b of section 351 of the retirement
and social security law, as added by chapter 1000 of the laws of 1966,
is amended to read as follows:
2. Last became a member of the state employees' retirement system
before April sixth, nineteen hundred forty-three, and subsequently
became a member of the [policemen's and firemen's] POLICE AND FIRE
retirement system, or
§ 186. The second undesignated paragraph of subdivision b of section
360 of the retirement and social security law, as amended by chapter
1046 of the laws of 1973, is amended to read as follows:
S. 6542--A 95
In the case of a retired member who has returned to service, total
service credit for purposes of this section only, shall include service
rendered prior to his OR HER retirement, provided that he OR SHE shall
have rendered at least one year of service since he OR SHE last became a
member or provided he OR SHE shall have rendered since he OR SHE
returned to public service one year of service during which he OR SHE
elected pursuant to subdivision a of section four hundred one of this
article not to be restored to membership in the [policemen's and fire-
men's] POLICE AND FIRE retirement system. The member's accumulated
contributions shall be refunded in accordance with subdivision d of
section three hundred fifty-one of this article.
§ 187. Paragraph 3 of subdivision a of section 361 of the retirement
and social security law, as added by chapter 1000 of the laws of 1966,
is amended to read as follows:
3. At the time of such accident was actually a member of the [police-
men's and firemen's] POLICE AND FIRE retirement system.
Where the claimant is an infant or is mentally or physically incapaci-
tated, and because of the aforesaid disability application for acci-
dental death benefit is not filed within the time specified by this
subdivision, or where a person entitled to make a claim dies before the
expiration of the time so specified, the comptroller in his OR HER
discretion may grant leave to file such application within a reasonable
time after the expiration of the time specified in this subdivision.
§ 188. Item (cc) of clause 2 of subparagraph (c) of paragraph 2 of
subdivision b of section 362 of the retirement and social security law,
as amended by chapter 1046 of the laws of 1973, is amended to read as
follows:
(cc) If not reduced by reason of the member's election to decrease his
OR HER annuity contributions to the [policemen's and firemen's] POLICE
AND FIRE retirement system in order to apply the amount of such
reduction in payment of his OR HER contributions for old-age and survi-
vors insurance coverage.
§ 189. Paragraph 1 of subdivision a of section 363 of the retirement
and social security law, as amended by chapter 489 of the laws of 2008,
is amended to read as follows:
1. Physically or mentally incapacitated for performance of duty as the
natural and proximate result of an accident not caused by his OR HER own
willful negligence sustained in such service and while actually a member
of the [policemen's and firemen's] POLICE AND FIRE retirement system,
and
§ 190. Subparagraph (a) of paragraph 2 of subdivision b of section
363-b of the retirement and social security law, as amended by chapter
489 of the laws of 2008, is amended to read as follows:
(a) Physically or mentally incapacitated for performance of duty as
the natural and proximate result of a disability not caused by his OR
HER own willful negligence sustained in such service and while actually
a member of the [policemen's and firemen's] POLICE AND FIRE retirement
system, or
§ 191. Paragraph 1 of subdivision b of section 363-c of the retirement
and social security law, as amended by chapter 690 of the laws of 1987,
is amended to read as follows:
1. Physically or mentally incapacitated for performance of duty as the
natural and proximate result of a disability not caused by his OR HER
own willful negligence sustained in such service and while actually a
member of the [policemen's and firemen's] POLICE AND FIRE retirement
system, and
S. 6542--A 96
§ 192. Subparagraph (a) of paragraph 2 of subdivision b of section
363-e of the retirement and social security law, as added by chapter 208
of the laws of 1997, is amended to read as follows:
(a) Physically or mentally incapacitated for performance of duty as
the natural and proximate result of a disability not caused by his/her
own willful negligence sustained in such service and while actually a
member of the [policemen's and firemen's] POLICE AND FIRE retirement
system, or
§ 193. Subdivision b of section 364 of the retirement and social secu-
rity law, as amended by chapter 661 of the laws of 1984, is amended to
read as follows:
b. A final determination of the state workers' compensation board that
benefits are payable pursuant to the workers' compensation law by reason
of the accidental disability or accidental death of a member of the
[policemen's and firemen's] POLICE AND FIRE retirement system shall not
in any respect be, or constitute, a determination that an accidental
disability retirement allowance, a disability incurred in performance of
duty allowance or an accidental death benefit is payable on account
thereof pursuant to the provisions of this article.
§ 194. The opening paragraph of subdivision a of section 370-a of the
retirement and social security law, as amended by chapter 1046 of the
laws of 1973, is amended to read as follows:
Beginning with a payroll period commencing as specified by a partic-
ipating employer electing to contribute pursuant to the provisions of
this section the contribution of each member of the [policemen's and
firemen's] POLICE AND FIRE retirement system in the employ of such a
participating employer, exclusive of any increase thereof pursuant to
subdivision i of section three hundred twenty-one of this chapter or of
any reduction thereof pursuant to subdivision one of section one hundred
thirty-eight-b of article three of this chapter, shall be reduced by
five per centum of the compensation of such member. Beginning with a
payroll period commencing as specified by a participating employer,
specifically electing, as provided in subdivision c of this section, to
contribute at the higher rate pursuant to the provisions of this section
the contribution of each member of the retirement system in the employ
of such a participating employer, exclusive of any increase thereof
pursuant to subdivision i of section twenty-one of this chapter or of
any reduction thereof pursuant to subdivision one of section one hundred
thirty-eight-b of this chapter, shall be reduced by an additional three
per centum of the compensation of such member. Where a member's rate of
contribution as so qualified is less than the per centum by which his
contribution is reduced, such rate shall be discontinued. Such a
reduction or discontinuance, as the case may be, shall:
§ 195. Section 371 of the retirement and social security law, as added
by chapter 1000 of the laws of 1966, is amended to read as follows:
§ 371. Optional retirement at age fifty-five; alternative plan. a.
Any member of the [policemen's and firemen's] POLICE AND FIRE retirement
system, who, while a member of the state employees' retirement system,
elected to contribute on a basis of retirement at age fifty-five pursu-
ant to section seventy-one of this chapter and who did not withdraw such
election as therein provided shall, contribute to the [policemen's and
firemen's] POLICE AND FIRE retirement system at the rate prescribed by
such section, and if such member retires under the provisions of such
section his retirement allowance shall be computed according to the
provisions of such section.
S. 6542--A 97
§ 196. The opening paragraph of subdivision a of section 371-a of the
retirement and social security law, as added by chapter 1000 of the laws
of 1966, is amended to read as follows:
Any member of the [policemen's and firemen's] POLICE AND FIRE retire-
ment system, who has not by voluntary election on or after April first,
nineteen hundred sixty-seven withdrawn the excess contributions author-
ized by subdivision d of this section, by written notice duly acknowl-
edged and filed with the comptroller on or before December thirty-first,
nineteen hundred sixty-seven or within one year after he OR SHE last
became a member, whichever is later, may elect to contribute pursuant to
this section on the basis of retirement at age fifty-five. After such
election the member shall contribute pursuant to this section at the
higher rate determined in accordance with this subdivision [a]. Such
higher rate shall be determined by the actuary upon the basis of tables
adopted by the comptroller and regular interest. Such higher rate shall
consist of the member's rate of normal contribution plus an additional
rate. Such higher rate shall be computed as the constant proportion of
annual compensation which, when deducted from each payment of such
member's prospective earnable compensation from the time when he OR SHE
last became a member until he OR SHE shall attain age fifty-five, would
provide, at such latter time, an annuity equal to one-one hundred twen-
tieth of his OR HER final average salary for each year of member service
rendered or which he OR SHE will have rendered prior to his OR HER
attainment of age fifty-five and for which he OR SHE shall be entitled
to credit. Such higher rate of contribution of a member who is over age
fifty-four, at the time of his OR HER last becoming a member, shall be
the same as if his OR HER age were fifty-four. Where a member elects to
contribute pursuant to this section, contributions at such higher rate
shall be made from May fifteenth, nineteen hundred sixty-seven or from
the date he OR SHE last became a member, whichever is later.
§ 197. Section 372 of the retirement and social security law, as added
by chapter 1000 of the laws of 1966, is amended to read as follows:
§ 372. Optional retirement at age fifty-five; closed plan. a. Any
member of the [policemen's and firemen's] POLICE AND FIRE retirement
system who, while a member of the state employees' retirement system,
elected to contribute on a basis of retirement at age fifty-five pursu-
ant to the provisions of section seventy-two of this chapter and who did
not withdraw his OR HER election as therein provided shall contribute to
the [policemen's and firemen's] POLICE AND FIRE retirement system at the
rate prescribed by such section, and if such member retires his OR HER
retirement allowance shall be computed according to the provisions of
such section.
§ 198. The opening paragraph of subdivision a and the opening para-
graph of subdivision b of section 373 of the retirement and social secu-
rity law, as added by chapter 1000 of the laws of 1966, are amended to
read as follows:
Persons who last became members of the New York state AND LOCAL
employees' retirement system before April eighth, nineteen hundred
forty-three and became members of the [policemen's and firemen's] POLICE
AND FIRE retirement system on or after April first, nineteen hundred
sixty-seven, and who as members of state system became members of this
system:
Persons who last became members of the New York state AND LOCAL
employees' retirement system on or after April eighth, nineteen hundred
forty-three and who became members of the [policemen's and firemen's]
POLICE AND FIRE retirement system on or after April first, nineteen
S. 6542--A 98
hundred sixty-seven or persons who became members of the latter system
on or after April first, nineteen hundred sixty-seven, and who:
§ 199. The opening paragraph of subdivision c and the opening para-
graph of subdivision d of section 375 of the retirement and social secu-
rity law, as amended by chapter 559 of the laws of 1967, are amended to
read as follows:
Upon retirement for superannuation on or after attainment of age
fifty-five or for any other cause after attainment of age sixty, of a
member who is contributing to the [policemen's and firemen's] POLICE AND
FIRE retirement system on the basis of retirement at age fifty-five
pursuant to section three hundred seventy-one of this article, he OR SHE
shall receive a retirement allowance which shall consist of:
Upon retirement for superannuation on or after attainment of age
fifty-five or for any other cause after attainment of age sixty, of a
member who is contributing to the [policemen's and firemen's] POLICE AND
FIRE retirement system on the basis of retirement at age fifty-five
pursuant to section three hundred seventy-one-a of this article, he OR
SHE shall receive a retirement allowance which shall consist of:
§ 200. Subdivision f of section 378 of the retirement and social secu-
rity law, as amended by chapter 343 of the laws of 1978, is amended to
read as follows:
f. The supplemental retirement allowance authorized by this section
shall also be paid in the same manner set forth above to a [policeman or
fireman] POLICE OFFICER AND FIREFIGHTER sixty-two years of age or older
who is retired, or any person retired for disability regardless of age,
or any spouse qualifying pursuant to subdivision h of this section, and
who receives, as a result, a retirement allowance or pension from any
state administered and operated retirement or pension plan or system,
not including, however, the New York state teachers retirement system.
§ 201. The opening paragraph of subdivision a, and subdivisions c and
f of section 381 of the retirement and social security law, as added by
chapter 1000 of the laws of 1966, are amended to read as follows:
Any member in the division of state police in the executive department
who elected on or before January first, nineteen hundred forty-nine, to
contribute to the New York state employees' retirement system pursuant
to the provisions of former section eighty-one of this chapter in force
prior to April first, nineteen hundred sixty-seven, shall contribute to
the [policemen's and firemen's] POLICE AND FIRE retirement system on the
basis of retirement upon his OR HER:
c. Subject to the provisions of subdivisions a and b of this section,
every employee in the service of such division who is not a member of
the [policemen's and firemen's] POLICE AND FIRE retirement system may
elect to become a member. He OR SHE thereupon shall contribute to the
retirement system under the provisions of this section and be entitled
to benefits as provided in this section. No such employee, however,
shall be given credit for service rendered prior to April sixteenth,
nineteen hundred thirty-eight, unless he OR SHE became a member of the
state employees' retirement system on or before January first, nineteen
hundred forty-nine. Any such employee who becomes a member on or before
January first, nineteen hundred forty-nine, shall be entitled to credit
for past service in the division as if he OR SHE had become a member
when first eligible. Such employee, however, shall pay the contributions
he OR SHE would have made prior to such date had he OR SHE been a member
during such service. The amount of such contributions shall be paid in
a lump sum or in such installments as the comptroller shall approve. In
lieu of such payment, however, such employee may receive on retirement
S. 6542--A 99
the benefit otherwise provided by this section, less such annuity as is
the actuarial equivalent of such unpaid contributions.
f. The increased pensions to members of the division, as provided by
this section, shall be paid from additional contributions made by the
state on account of such members. The actuary of the [policemen's and
firemen's] POLICE AND FIRE retirement system shall compute the addi-
tional contribution of each member who elects the special benefits
provided under this section. Such additional contributions shall be
computed on the basis of contributions during the prospective service of
such member which will cover the liability of the [policemen's and fire-
men's] POLICE AND FIRE retirement system for such extra pensions. Upon
approval by the comptroller, such additional contributions shall be
certified by him OR HER to the superintendent of state police. The
amount thereof shall be included in the annual appropriation of the
state for state police. Such amount shall be paid on the warrant of the
comptroller to the pension accumulation fund of the retirement system.
§ 202. Subdivisions a and c, the closing paragraph of subdivision d
and subdivision e of section 381-a of the retirement and social security
law, as added by chapter 1000 of the laws of 1966, are amended to read
as follows:
a. Every member or officer of the division of state police in the
executive department who enters or re-enters service in the division on
or after May first, nineteen hundred sixty-one shall contribute to the
[policemen's and firemen's] POLICE AND FIRE retirement system in the
manner provided for by this section.
c. A member who elects or is required to contribute in accordance with
this section, shall contribute, in lieu of the proportion of compen-
sation as provided in section three hundred twenty-one of this article,
a proportion of his OR HER compensation similarly determined. Such
latter proportion shall be computed to provide, at the time when he OR
SHE shall first become eligible for retirement under this section, an
annuity equal to one-one hundredth of his OR HER final average salary
for each year of service as a member of the state employees' retirement
system or the [policemen's and firemen's] POLICE AND FIRE retirement
system rendered after April sixteenth, nineteen hundred thirty-eight,
and prior to the attainment of the age when he OR SHE shall first become
eligible for retirement. Such member's rate of contribution pursuant to
this section shall be appropriately reduced pursuant to section three
hundred seventy-a of this article for such period of time as his OR HER
employer contributes pursuant to such section toward pensions-provid-
ing-for-increased-take-home-pay. No such member shall continue to make
contributions after completing twenty-five years of such service.
For the purpose only of determining the amount of the pension provided
in this subdivision, the annuity shall be computed as it would be if it
were not reduced by the actuarial equivalent of any outstanding loan,
and if it were not increased by the actuarial equivalent of any addi-
tional contributions, and if it were not reduced by reason of the
member's election to decrease his OR HER annuity contributions to the
[policemen's and firemen's] POLICE AND FIRE retirement system in order
to apply the amount of such reduction in payment of his OR HER contrib-
utions for old-age and survivors insurance coverage.
e. The increased pensions to members of the division, as provided by
this section, shall be paid from additional contributions made by the
state on account of such members. The actuary of the [policemen's and
firemen's] POLICE AND FIRE retirement system shall compute the addi-
tional contribution required for each member who elects to receive the
S. 6542--A 100
special benefits provided under this section. Such additional contrib-
utions shall be computed on the basis of contributions during the
prospective service of such member which will cover the liability of the
[policemen's and firemen's] POLICE AND FIRE retirement system for such
extra pensions. Upon approval by the comptroller, such additional
contributions shall be certified by him OR HER to the superintendent of
state police. The amount thereof shall be included in the annual appro-
priation of the state for the division of state police. Such amount
shall be paid on the warrant of the comptroller to the pension accumu-
lation fund of the [policemen's and firemen's] POLICE AND FIRE retire-
ment system.
§ 203. The opening paragraph of subdivision b and subdivision f of
section 383 of the retirement and social security law, as added by chap-
ter 1000 of the laws of 1966, are amended to read as follows:
Any member of the [policemen's and firemen's] POLICE AND FIRE retire-
ment system in regional state park police service may elect to contrib-
ute to the [policemen's and firemen's] POLICE AND FIRE retirement system
on the basis of retirement upon his OR HER
f. The increased pensions to any member in regional state park police
service, as provided by this section, shall be paid from additional
contributions made by the state on account of such members. The actuary
of the [policemen's and firemen's] POLICE AND FIRE retirement system
shall compute the additional contribution for each member who elects the
special benefits provided under this section. Such additional contrib-
utions shall be computed on the basis of contributions during the
prospective service of such member which will cover the liability of the
[policemen's and firemen's] POLICE AND FIRE retirement system for such
extra pensions, and upon approval by the comptroller, the additional
contributions shall be certified by the comptroller and shall be
included in the annual appropriation to the pension accumulation fund of
the [policemen's and firemen's] POLICE AND FIRE retirement system in the
manner provided in section three hundred sixteen of this article.
§ 204. Subdivision b and the opening paragraph of subdivision c of
section 383-b of the retirement and social security law, as added by
chapter 674 of the laws of 1986, are amended to read as follows:
b. Notwithstanding any other provision of law providing for transfers
between retirement systems, any sworn police officer of the division of
law enforcement in the department of environmental conservation who is a
member of the New York state employees' retirement system may transfer
to the New York state [policemen's and firemen's] AND LOCAL POLICE AND
FIRE retirement system and shall receive credit pursuant to and be enti-
tled to the retirement benefits afforded in accordance with this
section. Upon any such transfer the member shall be entitled to the
amount of service which would have been deemed creditable had such
member been subject to such system during the course of his or her
membership within such system. Contributions to such system shall be
made in accordance with appropriate provisions of law relating thereto.
Application for such transfer must be made to the state comptroller on
or before December thirty-first, nineteen hundred eighty-six. The
provisions of section three hundred forty-three of this article shall
apply to any member making application for transfer under this subdivi-
sion.
Any member of the division of law enforcement in the department of
environmental conservation who elects or is required to contribute under
this section shall contribute to the [policemen's and firemen's] POLICE
AND FIRE retirement system on the basis of retirement upon his OR HER:
S. 6542--A 101
§ 205. Subdivision b and the opening paragraph of subdivision c of
section 383-b of the retirement and social security law, as added by
chapter 677 of the laws of 1986, are amended to read as follows:
b. Notwithstanding any other provision of law providing for transfers
between retirement systems, any sworn police officer of the capital
police force in the office of general services who is a member of the
New York state AND LOCAL employees' retirement system may transfer to
the New York state [policemen's and firemen's] AND LOCAL POLICE AND FIRE
retirement system and shall receive credit pursuant to and be entitled
to the retirement benefits afforded in accordance with this section.
Upon any such transfer the member shall be entitled to the amount of
service which would have been deemed creditable had such member been
subject to such system during the course of his or her membership within
such system. Contributions to such system shall be made in accordance
with appropriate provisions of law relating thereto. Application for
such transfer must be made to the state comptroller on or before Decem-
ber thirty-first, nineteen hundred eighty-six. The provisions of section
three hundred forty-three of this article shall apply to any member
making application for transfer under this subdivision.
Any member of the capital police force in the office of general
services who elects or is required to contribute under this section
shall contribute to the [policemen's and firemen's] POLICE AND FIRE
retirement system on the basis of retirement upon his OR HER:
§ 206. The section heading, the opening paragraph of subdivision a,
subdivisions b, bb and c, and paragraphs 1 and 5 of subdivision d of
section 384 of the retirement and social security law, as added by chap-
ter 1000 of the laws of 1966, subdivision b as amended by chapter 807 of
the laws of 1969, and subdivision bb as amended by chapter 172 of the
laws of 1971, are amended to read as follows:
Optional retirement of certain [policemen and firemen] POLICE OFFICERS
AND FIREFIGHTERS.
Any member of the [policemen's and firemen's] POLICE AND FIRE retire-
ment system who is an officer or member of any organized fire department
or organized police force or police department of any county, city,
town, village, fire district, police district or participating employer
may elect to contribute to the [policemen's and firemen's] POLICE AND
FIRE retirement system on the basis of retirement upon his OR HER
completion of twenty-five years of service as an officer or member of
any such force or department on an allowance of:
b. Any officer or member of such an organized fire department or
organized police force or department may elect to contribute to the
[policemen's and firemen's] POLICE AND FIRE retirement system pursuant
to this section within one year after he OR SHE becomes such an officer
or member, or on or before January first, nineteen hundred seventy, or
within one year after his OR HER employer assumed, or assumes in whole
or in part, the additional cost to the [policemen's and firemen's]
POLICE AND FIRE retirement system resulting from an election pursuant to
this section.
bb. On and after April first, nineteen hundred sixty-seven only [fire-
men, policemen] FIREFIGHTERS, POLICE OFFICERS or officers of such a fire
department or police force may elect to contribute to the [policemen's
and firemen's] POLICE AND FIRE retirement system on the basis of retire-
ment pursuant to this section and, as to members so electing, in addi-
tion to service in war after world war I, as defined in section three
hundred two of this article, only credit for service:
S. 6542--A 102
1. As such a [fireman, policeman] FIREFIGHTER, POLICE OFFICER or offi-
cer, or
2. As a member or officer of the state police, or
3. In the regional state park police service, shall be included in
computing years of police or fire service for retirement pursuant to
this section.
c. Elections made pursuant to this section shall be in writing and
shall be duly acknowledged and filed with the comptroller. Any member
who files such an election pursuant to this section may withdraw it
after it has been filed for at least one year. Such withdrawal shall be
by written notice duly acknowledged and filed with the comptroller.
After such withdrawal such member shall contribute to the [policemen's
and firemen's] POLICE AND FIRE retirement system as otherwise provided
in this article. Any member who has contributed the entire additional
cost to the [policemen's and firemen's] POLICE AND FIRE retirement
system resulting from an election pursuant to this section, may withdraw
such entire additional amount in the event that he OR SHE so withdraws
such election.
1. Except as otherwise provided in this subdivision, a member electing
to contribute to the [policemen's and firemen's] POLICE AND FIRE retire-
ment system pursuant to this section shall pay the entire additional
cost to the [policemen's and firemen's] POLICE AND FIRE retirement
system resulting from such election by means of a rate of contribution.
Such rate shall be computed to provide, upon his OR HER completion of
twenty-five years of service as an officer or member of any such depart-
ment or force, the portion of the retirement allowance for which he OR
SHE is required to provide pursuant to this section. Such rate of
contribution shall be determined in a manner similar to that provided in
section three hundred twenty-three of this article and subject to the
provisions of paragraph four of this subdivision, the contributions
based thereon shall be paid while such member is an officer or member of
any such department or force.
5. For actuarial purposes relative to rates or amounts of contrib-
utions to the funds of the [policemen's and firemen's] POLICE AND FIRE
retirement system, service of a member making an election pursuant to
this section shall, as to his OR HER service and status subsequent ther-
eto, be deemed continuous and constant. If the continuity of such
service be interrupted or such status be changed, however, appropriate
changes as may be necessary for actuarial purposes shall be made in such
rates and amounts.
§ 207. The section heading and subdivision a of section 384-a of the
retirement and social security law, as added by chapter 1000 of the laws
of 1966, are amended to read as follows:
Additional pension benefits for certain [policemen] POLICE OFFICERS
after twenty-five years of service. a. In the event a member of the
police force of the village of Hempstead, in the county of Nassau, who
is contributing to the retirement system under section three hundred
eighty-four of this chapter, shall continue in service after twenty-five
years of total creditable police service under such section in such
force, he OR SHE shall receive, upon retirement, in addition to the
amount of any retirement allowance he OR SHE would otherwise be entitled
to receive, pursuant to the applicable provisions of this chapter, an
additional pension for such service of one-sixtieth of his OR HER final
average salary for each completed additional year of service after twen-
ty-five years. The participating employer in the case of any [policeman]
POLICE OFFICER eligible for the additional pension benefit prescribed by
S. 6542--A 103
this section shall make additional contributions to the appropriate fund
of the retirement system necessary to pay the difference between the
amounts prescribed by this section and the amount the member would
otherwise be entitled to receive at the time of his OR HER retirement.
§ 208. The section heading and subdivision a of section 384-c of the
retirement and social security law, as added by chapter 144 of the laws
of 1966 and such section as renumbered by chapter 559 of the laws of
1967, are amended to read as follows:
Additional pension benefits for certain [policemen] POLICE OFFICERS
after twenty-five years of service. a. In the event a member of the
police force of the city of Glen Cove, in the county of Nassau, who is
contributing to the retirement system [under section eighty-four of this
chapter], shall continue in service after twenty-five years of total
creditable police service under such section in such force, he OR SHE
shall receive, upon retirement, in addition to the amount of any retire-
ment allowance he OR SHE would otherwise be entitled to receive, pursu-
ant to the applicable provisions of this chapter, an additional pension
for such service of one-sixtieth of his OR HER final average salary for
each completed additional year of service after twenty-five years. The
participating employer in the case of any [policeman] POLICE OFFICER
eligible for the additional pension benefit prescribed by this section
shall make additional contributions to the appropriate fund of the
retirement system necessary to pay the difference between the amounts
prescribed by this section and the amount the member would otherwise be
entitled to receive at the time of his OR HER retirement.
§ 209. The section heading, subdivisions a, k and o, and paragraph 1
of subdivision p of section 384-d of the retirement and social security
law, as added by chapter 1064 of the laws of 1968, subdivision o as
added by chapter 869 of the laws of 1983 and paragraph 1 of subdivision
p as added by chapter 785 of the laws of 1984, are amended to read as
follows:
Optional twenty year retirement plan for certain [firemen and police-
men] FIREFIGHTERS AND POLICE OFFICERS whose employer elects to provide
same.
a. Any member of the retirement system who is a [fireman, policeman]
FIREFIGHTER, POLICE OFFICER or officer of any organized fire department
or organized police force or police department of any county, city,
town, village, fire district, police district or participating employer
may elect to contribute to the retirement system pursuant to this
section within one year after he OR SHE becomes such an officer or
member, if his OR HER employer has previously elected to make the bene-
fits provided herein available to its officers and members, or within
one year after his OR HER employer elects to make the benefits provided
herein available to its officers and members.
k. The benefits of this section shall be available only to those
[policemen and firemen] POLICE OFFICERS AND FIREFIGHTERS whose employer
elects to provide such benefits by adopting a resolution to such effect
and filing a certified copy thereof with the comptroller.
o. Any member of the [policemen's and firemen's] POLICE AND FIRE
retirement system who was a member of the New York state employees'
retirement system while employed as a police department cadet and whose
membership therein was terminated by his OR HER attaining membership in
the [policemen's and firemen's] POLICE AND FIRE retirement system, may
purchase credit in the said [policemen's and firemen's] POLICE AND FIRE
retirement system for prior creditable service in the New York state
employees' retirement system earned while employed as a police depart-
S. 6542--A 104
ment cadet and shall have the period of such prior service credit count-
ed as police service for the purpose of determining the amount of his OR
HER pension and retirement allowance and period of service needed for
retirement. In order to purchase credit pursuant to this subdivision,
the member shall pay into the pension accumulation fund the contribution
amount as determined by the comptroller, either in a lump sum or in
installments, necessary to pay in full the cost of such previous
service. If such payment be made in installments, the same shall be paid
within a period no greater than the number of months of such member
service granted.
(1) Any member of the [policemen's and firemen's] POLICE AND FIRE
retirement system, who was a member of the New York state AND LOCAL
employees' retirement system while employed as a police department cadet
and whose membership therein was terminated by his OR HER attaining
membership in the [policemen's and firemen's] POLICE AND FIRE retirement
system, may purchase credit in the said [policemen's and firemen's]
POLICE AND FIRE retirement system for prior creditable service in the
New York state employees' retirement system earned as a police depart-
ment cadet and shall have the period of such prior service credit count-
ed as police service for the purpose of determining the amount of his OR
HER pension and retirement allowance and period of service needed for
retirement. In order to purchase credit pursuant to this subdivision a
member shall deposit in the pension accumulation fund a sum equal to the
product of the participating employers' normal contribution rate at the
time of the member's entry into such police department cadet service,
his OR HER annual rate of compensation at that time, and the period of
police department cadet service being claimed, with regular interest.
Such deposit must be made within one year of the date of election by the
participating employer, provided however, such member may elect to
deposit such amount over a period of time no greater than the period for
which credit is being claimed, in which case such payments must commence
within one year of the date of election by the participating employer.
If the full amount of such payments is not paid to the retirement
system, the amount of service credited shall be proportional to the
total amount of the payments made.
§ 210. The opening paragraph of subdivision b, and subdivisions d and
g of section 385 of the retirement and social security law, as added by
chapter 1000 of the laws of 1966, are amended to read as follows:
Any member in the department, including the commissioner of police,
who so elected, on or before January first, nineteen hundred forty-
eight, to contribute to the New York state AND LOCAL employees' retire-
ment system pursuant to the provisions of former section eighty-five of
this chapter in effect prior to April first, nineteen hundred sixty-sev-
en, shall contribute to the [policemen's and firemen's] POLICE AND FIRE
retirement system on the basis of retirement upon his OR HER:
d. Subject to the provisions of subdivisions b and c of this section,
every employee in the service of such department who is not a member of
the [policemen's and firemen's] POLICE AND FIRE retirement system may
elect to become a member. He OR SHE thereupon shall contribute to the
[policemen's and firemen's] POLICE AND FIRE retirement system under the
provisions of this section and be entitled to benefits as provided in
this section. No such employee, however, shall be given credit for
service rendered prior to May sixth, nineteen hundred forty-six, unless
he OR SHE became a member of the New York state AND LOCAL employees'
retirement system on or before January first, nineteen hundred forty-
eight and has subsequently become a member of the [policemen's and fire-
S. 6542--A 105
men's] POLICE AND FIRE retirement system. Any such employee who became a
member of the NEW YORK state AND LOCAL employees' retirement system, on
or before January first, nineteen hundred forty-eight, and has subse-
quently become a member of the [policemen's and firemen's] POLICE AND
FIRE retirement system shall be entitled to credit for past service in
the department as if he OR SHE had become a member when first eligible.
Such employee, however, shall pay the contributions he OR SHE would have
made prior to such date had he OR SHE been a member during such service.
The amount of such contributions shall be paid in a lump sum or in such
installments as the comptroller shall approve. In lieu of such payment,
however, such employee may receive on retirement the benefit otherwise
provided by this section, less such annuity as is the actuarial equiv-
alent of such unpaid contributions.
g. The increased pensions to members of the department, as provided by
this section, shall be paid from additional contributions made by the
county on account of such members. The actuary of the [policemen's and
firemen's] POLICE AND FIRE retirement system shall compute the addi-
tional contribution for each member who elects the special benefits
provided under this section. Such additional contributions shall be
computed on the basis of contributions during the prospective service of
such member which will cover the liability of the [policemen's and fire-
men's] POLICE AND FIRE retirement system for such extra pensions. Upon
approval by the comptroller, such additional contributions shall be
certified by him OR HER to the county executive of the county. The
amount thereof shall be included in the annual appropriation of the
county for county police. Such amount shall be paid on the warrant of
the county comptroller to the pension accumulation fund of the [police-
men's and firemen's] POLICE AND FIRE retirement system. Every member
entering or re-entering the department on and after May sixth, nineteen
hundred forty-six, shall retire on the first day of the calendar month
next succeeding his OR HER attainment of age fifty-nine.
§ 211. The opening paragraph of subdivision b and subdivision f of
section 386 of the retirement and social security law, as added by chap-
ter 1000 of the laws of 1966, are amended to read as follows:
Any member in service in such department on January first, nineteen
hundred fifty-eight, who elected, on or before July first, nineteen
hundred fifty-eight, to contribute to the New York state employees'
retirement system pursuant to the provisions of former section eighty-
six of this chapter, in effect prior to April first, nineteen hundred
sixty-seven, shall contribute to the [policemen's and firemen's] POLICE
AND FIRE retirement system on the basis of retirement upon his OR HER:
f. The increased pensions to members of such department, as provided
by this section, shall be paid from additional contributions made by the
county on account of such members. The actuary of the [policemen's and
firemen's] POLICE AND FIRE retirement system shall compute the addi-
tional contribution for each member who elects the special benefits
provided under this section. Such additional contributions shall be
computed on the basis of contributions during the prospective service of
such member which will cover the liability of the [policemen's and fire-
men's] POLICE AND FIRE retirement system for such extra pensions. Upon
the approval by the comptroller, such additional contributions shall be
certified by him OR HER to the county executive of the county. The
amount thereof shall be included in the annual appropriation of the
county for the Westchester county parkway police force. Such amount
shall be paid on the warrant of the county department of finance to the
S. 6542--A 106
pension accumulation fund of the [policemen's and firemen's] POLICE AND
FIRE retirement system.
§ 212. The opening paragraph of subdivision b and subdivision f of
section 387 of the retirement and social security law, as added by chap-
ter 1000 of the laws of 1966, are amended to read as follows:
Any member in service in such department, including the commissioner
of police, on January first, nineteen hundred sixty, who elected, on or
before July first, nineteen hundred sixty, to contribute to the New York
state employees' retirement system pursuant to the provisions of former
section eighty-seven of this chapter, in effect prior to April first,
nineteen hundred sixty-seven, shall contribute to the [policemen's and
firemen's] POLICE AND FIRE retirement system on the basis of retirement
upon his OR HER:
f. The increased pensions to members of such department, as provided
by this section, shall be paid from additional contributions made by the
county on account of such members. The actuary of the [policemen's and
firemen's] POLICE AND FIRE retirement system shall compute the addi-
tional contribution for each member who elects the special benefits
provided under this section. Such additional contributions shall be
computed on the basis of contributions during the prospective service of
such member which will cover the liability of the [policemen's and fire-
men's] POLICE AND FIRE retirement system for such extra pensions. Upon
approval by the comptroller, such additional contributions shall be
certified by him OR HER to the county executive of the county. The
amount thereof shall be included in the annual appropriation of the
county for the Suffolk county police department. Such amount shall be
paid on the warrant of the comptroller of the county to the pension
accumulation fund of the [policemen's and firemen's] POLICE AND FIRE
retirement system.
§ 213. Paragraph 3 of subdivision a of section 388 of the retirement
and social security law, as amended by chapter 939 of the laws of 1983,
is amended to read as follows:
3. "Service in such department." Full time duty as a [policeman, fire-
man] POLICE OFFICER, FIREFIGHTER or police, fire officer or commissioner
of the department.
§ 214. Subdivision a, subparagraph (b) of paragraph 1 of subdivision
b, and subparagraphs (a) and (b) of paragraph 2 of subdivision c of
section 401 of the retirement and social security law, as added by chap-
ter 1000 of the laws of 1966, are amended to read as follows:
a. If a retired member, receiving a retirement allowance for other
than physical disability, returns to active public service, except as
otherwise provided in this section or sections two hundred eleven or two
hundred twelve of this chapter, and is eligible for membership in the
[policemen's and firemen's] POLICE AND FIRE retirement system, he OR SHE
thereupon shall become a member and his OR HER retirement allowance
shall cease. In such event, he OR SHE shall contribute to the [police-
men's and firemen's] POLICE AND FIRE retirement system as if he OR SHE
were a new member. Upon his subsequent retirement he OR SHE shall:
1. Be credited with all member service earned by him OR HER since he
OR SHE last became a member of the [policemen's and firemen's] POLICE
AND FIRE retirement system, and
2. Received a retirement allowance which shall consist of:
(a) An annuity which is the actuarial equivalent of all his OR HER
accumulated contributions, and
(b) The pension including the pension-providing-for-increased-take-
home-pay which he OR SHE was receiving immediately prior to his OR HER
S. 6542--A 107
last restoration to membership, plus a pension including the pension-
providing-for-increased-take-home-pay based upon the member service
credit earned by him OR HER since he OR SHE last became a member. Such
latter pensions shall be computed as if he OR SHE were a new member when
he OR SHE last became a member.
Where such member shall have earned at least two years of member
service credit after restoration to active service, the total service
credit to which he OR SHE was entitled at the time of his OR HER earlier
retirement may, at his OR HER option, again be credited to him OR HER
and upon his OR HER subsequent retirement he OR SHE shall be credited in
addition with all member service earned by him OR HER subsequent to his
OR HER last restoration to membership. Such total service credit to
which he OR SHE was entitled at the time of his OR HER earlier retire-
ment shall be so credited only in the event that such member returns to
the [policemen's and firemen's] POLICE AND FIRE retirement system with
regular interest the actuarial equivalent of the amount of the retire-
ment allowance he OR SHE received, or in the event that such amount is
not so repaid the actuarial equivalent thereof shall be deducted from
his OR HER subsequent retirement allowance.
Notwithstanding the foregoing provisions of this subdivision, a
retired member who is receiving a retirement allowance for other than
physical disability, and who returns to active public service, may elect
not to be restored to membership in the [policemen's and firemen's]
POLICE AND FIRE retirement system until he OR SHE has rendered one year
of service following his OR HER return to public service. In such event
his OR HER retirement allowance shall be suspended during such year of
service as provided in subdivision b of this section. Upon restoration
to membership following completion of such year of service, his OR HER
service in such year shall be deemed to be service while a member for
purposes of subdivision b of section three hundred sixty of this chap-
ter. He OR SHE may purchase member service credit for such year, which
shall be deemed earned member service credit. This paragraph shall not
be construed to authorize the return to public service of any person who
is otherwise not eligible therefor on account of having reached age
seventy.
If a retired member receiving a retirement allowance for other than
physical disability, returns to active public service, and is then inel-
igible for membership in the [policemen's and firemen's] POLICE AND FIRE
retirement system, his OR HER retirement allowance shall be suspended in
the same manner as provided in subdivision b of this section.
(b) For service pursuant to subdivision c of this section where the
retired member continues as a beneficiary of the [policemen's and fire-
men's] POLICE AND FIRE retirement system.
(a) Upon written notice to the comptroller, receive from the [police-
men's and firemen's] POLICE AND FIRE retirement system the then present
value of the annuity earned by his OR HER accumulated contributions, and
upon receipt thereof cease to be a beneficiary of the [policemen's and
firemen's] POLICE AND FIRE retirement system, or
(b) Continue as a beneficiary of the [policemen's and firemen's]
POLICE AND FIRE retirement system, but with payments of any retirement
allowance or any benefit in lieu thereof, on account of retirement for
other than physical disability, suspended during the time he OR SHE is
in receipt of compensation for state or public service. Such suspension
shall be governed by the provisions of paragraphs two, three and four of
subdivision b of this section.
S. 6542--A 108
§ 215. Paragraph 2 of subdivision b and subdivisions c, d and e of
section 402 of the retirement and social security law, paragraph 2 of
subdivision b as amended by chapter 783 of the laws of 1987, subdivi-
sions c and d as added by chapter 1000 of the laws of 1966, and subdivi-
sion e as added by chapter 815 of the laws of 1977, are amended to read
as follows:
2. An amount which, when added to an annuity, as so computed, plus the
sum earned by him OR HER, shall equal his OR HER final salary.
In the case where an optional benefit has been selected, such
reduction shall be the same as the reduction would have been without
optional modification. Where such reduction is greater than the pension,
including the pension-providing-for-increased-take-home-pay, payable
under the option selected, the excess may be paid by the pensioner into
the funds of the [policemen's and firemen's] POLICE AND FIRE retirement
system, in which case the benefit due under the option shall be paid as
if no reduction had occurred. If such excess is not paid by the pension-
er, the benefit otherwise due under the option shall be reduced by the
actuarial equivalent of such excess. In no event shall the payment to
the funds be greater than the difference between the pension, including
the pension-providing-for-increased-take-home-pay, without optional
modification and the pension, including the pension-providing-for-in-
creased-take-home-pay, under the option selected. The pension, including
the pension-providing-for-increased-take-home-pay of a disability
pensioner, shall not be reduced after he OR SHE has attained the manda-
tory retirement age applicable to him OR HER or shall have attained the
age or performed the period of service specified by applicable law for
eligibility for a service retirement benefit.
c. In the event that the comptroller shall determine that a disability
beneficiary is able to engage in a gainful occupation, he OR SHE shall,
if such beneficiary so requires, certify the name of such beneficiary to
the state civil service department or appropriate civil service commis-
sion. The state civil service department or such municipal commission
shall place the name of such beneficiary, as a preferred eligible, on
the appropriate eligible lists prepared by it for positions for which
such beneficiary is stated to be qualified in a salary grade not exceed-
ing that from which he OR SHE was last retired. If any such beneficiary
shall be offered a position as a result of the placing of his OR HER
name on any such civil service list, the amount of his OR HER disability
pension, including the pension-providing-for-increased-take-home-pay,
shall be reduced. Such reduction shall be to an amount which, when added
to the amount earned or earnable by him OR HER in such position, shall
not exceed his OR HER final salary. A disability beneficiary restored to
active service shall not be eligible to membership in the [policemen's
and firemen's] POLICE AND FIRE retirement system so long as he OR SHE
receives any pension, including the pension-providing-for-increased-
take-home-pay.
d. In the event that a disability beneficiary is restored to active
service of an employer, at a salary equal to or in excess of his OR HER
final salary, his OR HER retirement allowance shall cease. Such person
thereupon again shall become a member of the [policemen's and firemen's]
POLICE AND FIRE retirement system. He OR SHE thereafter shall contribute
to the [policemen's and firemen's] POLICE AND FIRE retirement system in
the same manner as and at the same rate that he OR SHE paid prior to his
OR HER disability retirement. The total service credit, to which he OR
SHE was entitled at the time of such retirement, again shall be credited
to him OR HER. Upon his [subesequent] OR HER SUBSEQUENT retirement, he
S. 6542--A 109
OR SHE shall be credited, in addition, with all member service earned by
him OR HER subsequent to his OR HER last restoration to membership.
e. In the event that a disability retiree is restored to active
service of an employer, at a salary less than his OR HER final salary
but equal to or in excess of the current minimum salary for the position
from which he OR SHE was last retired for disability, such person, if he
OR SHE so elects, shall again become a member of the [policemen's and
firemen's] POLICE AND FIRE retirement system and his OR HER retirement
allowance shall cease. He OR SHE thereafter shall contribute to the
[policemen's and firemen's] POLICE AND FIRE retirement system in the
same manner as and at the same rate that he OR SHE paid prior to his OR
HER disability retirement. The total service credit, to which he OR SHE
was entitled at the time of such retirement, again shall be credited to
him OR HER. Upon his subsequent retirement, he OR SHE shall be credited,
in addition, with all member service earned by him OR HER subsequent to
his OR HER last restoration to membership.
§ 216. Subdivision a and paragraphs 3 and 4 of subdivision b of
section 413 of the retirement and social security law, as added by chap-
ter 1000 of the laws of 1966, are amended to read as follows:
a. No other provision of law in any other statute which provides whol-
ly or partly at the expense of the state or of a participating employer
for pensions, retirement benefits, emoluments or awards for employees in
police or fire service, their widows OR WIDOWERS or other dependents,
shall apply to members or beneficiaries of the [policemen's and fire-
men's] POLICE AND FIRE retirement system established by this article,
their [wiodws] WIDOWS, WIDOWERS or other dependents.
3. Prevent the extension of old-age and survivors insurance coverage
to members of the [policemen's and firemen's] POLICE AND FIRE retirement
system or the receipt of benefits therefrom by such members, their wives
OR HUSBANDS or widows OR WIDOWERS or their other dependents.
4. Prevent a member of the [policemen's and firemen's] POLICE AND FIRE
retirement system whose membership is authorized by paragraph nine of
subdivision c of section three hundred forty of this article, from
receiving, upon his OR HER subsequent retirement from the [policemen's
and firemen's] POLICE AND FIRE retirement system, benefits based on
service not included in that upon which his OR HER retirement or pension
from another pension or retirement system is or would be based.
§ 217. Section 418 of the retirement and social security law, as added
by chapter 859 of the laws of 1980, is amended to read as follows:
§ 418. Additional benefit authorized with respect to the city of Yonk-
ers. Notwithstanding any contrary provision of law, the city of Yonkers
may by local law, ordinance or resolution, provide a benefit of two
hundred fifty dollars a month to the widow or widower, and members of
the family, of retired Yonkers' [policemen and firemen] POLICE OFFICERS
AND FIREFIGHTERS who were members of the New York state [policemen's and
firemen's] AND LOCAL POLICE AND FIRE retirement system at the time of
their death; provided, however, the benefit may be paid only to survi-
vors who were receiving benefits pursuant to Local Laws seven and eight
of the city of Yonkers for the year of nineteen hundred sixty-eight on
or before the effective date of this section.
§ 218. Subdivisions 2 and 5 of section 421 of the retirement and
social security law, as added by chapter 306 of the laws of 1967, are
amended to read as follows:
2. The term "[policemen's and firemen's] POLICE AND FIRE retirement
system" shall mean the New York state [policemen's and firemen's] AND
LOCAL POLICE AND FIRE retirement system.
S. 6542--A 110
5. The term "actuary" shall mean the actuary of the employees' retire-
ment system acting jointly with the actuary of the [policemen's and
firemen's] POLICE AND FIRE retirement system.
§ 219. Subdivision 1 of section 422 of the retirement and social secu-
rity law, as added by chapter 306 of the laws of 1967, is amended to
read as follows:
1. There is hereby established a fund, in the custody of the comp-
troller, to be known as the common retirement fund. Notwithstanding any
other provision of this chapter, all of the assets and income of the
employees' retirement system and of the [policemen's and firemen's]
POLICE AND FIRE retirement system shall be held by the comptroller as
trustee of such fund, except as such assets and income may be allocated
or distributed to the funds of each retirement system by the comp-
troller.
§ 220. Section 425 of the retirement and social security law, as added
by chapter 306 of the laws of 1967, is amended to read as follows:
§ 425. Separability of retirement systems. No provision of this arti-
cle shall be construed as an impairment of the separability of or of the
corporate powers and privileges of the employees' retirement system or
the [policemen's and firemen's] POLICE AND FIRE retirement system. The
comptroller shall establish or continue separate funds and accounts for
each retirement system, consistent with the common retirement fund here-
in provided for, as may be required to carry out the separate purposes
and privileges of each retirement system.
§ 221. Subdivision c of section 443 of the retirement and social secu-
rity law, as added by chapter 784 of the laws of 1987, is amended to
read as follows:
c. Notwithstanding the provisions of subdivisions a and b of this
section, with respect to [policemen and firemen] POLICE OFFICERS AND
FIREFIGHTERS as defined in section four hundred fifty of this chapter,
the final average salary of an employee who has been a member of a
retirement system for less than one year shall be the projected one year
salary, with the calculation based upon a twelve month projection of the
sums earned in the portion of the year worked. If a member has been
employed for more than one year but less than two years, then the
member's final average salary shall be the average of the first year and
projected second year earnings based upon the calculation above, and if
more than two years, but less than three years, then one-third the total
of the first two years of employment plus the projected third year's
earnings, calculated as indicated above.
§ 222. Subdivision a of section 445 of the retirement and social secu-
rity law, as amended by chapter 295 of the laws of 2007, is amended to
read as follows:
a. No member of a retirement system who is subject to the provisions
of this article shall retire without regard to age, exclusive of retire-
ment for disability, unless he OR SHE is a [policeman] POLICE OFFICER,
an investigator member of the New York city employees' retirement
system, [fireman] FIREFIGHTER, correction officer, a qualifying member
as defined in section eighty-nine-t, as added by chapter six hundred
fifty-seven of the laws of nineteen hundred ninety-eight, of this chap-
ter, sanitation [man] WORKER, a special officer (including persons
employed by the city of New York in the title urban park ranger or asso-
ciate urban park ranger), school safety agent, campus peace officer or a
taxi and limousine commission inspector member of the New York city
employees' retirement system or the New York city board of education
retirement system, a dispatcher member of the New York city employees'
S. 6542--A 111
retirement system, a police communications member of the New York city
employees' retirement system, an EMT member of the New York city employ-
ees' retirement system, a deputy sheriff member of the New York city
employees' retirement system, a correction officer of the Westchester
county correction department as defined in section eighty-nine-e of this
chapter or employed in Suffolk county as a peace officer, as defined in
section eighty-nine-s, as added by chapter five hundred eighty-eight of
the laws of nineteen hundred ninety-seven, of this chapter, employed in
Suffolk county as a correction officer, as defined in section eighty-
nine-f of this chapter, or employed in Nassau county as a correction
officer, uniformed correction division personnel, sheriff, undersheriff
or deputy sheriff, as defined in section eighty-nine-g of this chapter,
or employed in Nassau county as an ambulance medical technician, an
ambulance medical technician/supervisor or a member who performs ambu-
lance medical technician related services, as defined in section eight-
y-nine-s, as amended by chapter five hundred seventy-eight of the laws
of nineteen hundred ninety-eight, of this chapter, or employed in Nassau
county as a peace officer, as defined in section eighty-nine-s, as added
by chapter five hundred ninety-five of the laws of nineteen hundred
ninety-seven, of this chapter, or employed in Albany county as a sher-
iff, undersheriff, deputy sheriff, correction officer or identification
officer, as defined in section eighty-nine-h of this chapter or is
employed in St. Lawrence county as a sheriff, undersheriff, deputy sher-
iff or correction officer, as defined in section eighty-nine-i of this
chapter or is employed in Orleans county as a sheriff, undersheriff,
deputy sheriff or correction officer, as defined in section
eighty-nine-l of this chapter or is employed in Jefferson county as a
sheriff, undersheriff, deputy sheriff or correction officer, as defined
in section eighty-nine-j of this chapter or is employed in Onondaga
county as a deputy sheriff-jail division competitively appointed or as a
correction officer, as defined in section eighty-nine-k of this chapter
or is employed in a county which makes an election under subdivision j
of section eighty-nine-p of this chapter as a sheriff, undersheriff,
deputy sheriff or correction officer as defined in such section eighty-
nine-p or is employed in Broome County as a sheriff, undersheriff, depu-
ty sheriff or correction officer, as defined in section eighty-nine-m of
this chapter or is a Monroe county deputy sheriff-court security, or
deputy sheriff-jailor as defined in section eighty-nine-n, as added by
chapter five hundred ninety-seven of the laws of nineteen hundred nine-
ty-one, of this chapter or is employed in Greene county as a sheriff,
undersheriff, deputy sheriff or correction officer, as defined in
section eighty-nine-o of this chapter or is a traffic officer with the
town of Elmira as defined in section eighty-nine-q of this chapter or is
employed by Suffolk county as a park police officer, as defined in
section eighty-nine-r of this chapter or is a peace officer employed by
a county probation department as defined in section eighty-nine-t, as
added by chapter six hundred three of the laws of nineteen hundred nine-
ty-eight, of this chapter or is employed in Rockland county as a deputy
sheriff-civil as defined in section eighty-nine-v of this chapter as
added by chapter four hundred forty-one of the laws of two thousand one,
or is employed in Rockland county as a superior correction officer as
defined in section eighty-nine-v of this chapter as added by chapter
five hundred fifty-six of the laws of two thousand one or is a paramedic
employed by the police department in the town of Tonawanda and retires
under the provisions of section eighty-nine-v of this chapter, as added
by chapter four hundred seventy-two of the laws of two thousand one, or
S. 6542--A 112
is a county fire marshal, supervising fire marshal, fire marshal,
assistant fire marshal, assistant chief fire marshal or chief fire
marshal employed by the county of Nassau as defined in section eighty-
nine-w of this chapter and is in a plan which permits immediate retire-
ment upon completion of a specified period of service without regard to
age. Except as provided in subdivision c of section four hundred forty-
five-a of this article, subdivision c of section four hundred forty-
five-b of this article, subdivision c of section four hundred forty-
five-c of this article, subdivision c of section four hundred
forty-five-d of this article, subdivision c of section four hundred
forty-five-e of this article, subdivision c of section four hundred
forty-five-f of this article and subdivision c of section four hundred
forty-five-h of this article, a member in such a plan and such an occu-
pation, other than a [policeman] POLICE OFFICER or investigator member
of the New York city employees' retirement system or a [fireman] FIRE-
FIGHTER, shall not be permitted to retire prior to the completion of
twenty-five years of credited service; provided, however, if such a
member in such an occupation is in a plan which permits retirement upon
completion of twenty years of service regardless of age, he OR SHE may
retire upon completion of twenty years of credited service and prior to
the completion of twenty-five years of service, but in such event the
benefit provided from funds other than those based on such a member's
own contributions shall not exceed two per centum of final average sala-
ry per each year of credited service.
§ 223. Paragraph 3 of subdivision b of section 500 of the retirement
and social security law, as amended by chapter 42 of the laws of 1977,
is amended to read as follows:
3. Enter the employment of a public employer which participates for
such employees in the New York state [policemen's and firemen's] AND
LOCAL POLICE AND FIRE retirement system shall be required to become
members or shall be eligible or ineligible for membership in such
retirement system in the manner provided for by the relevant provisions
of this chapter.
§ 224. Subdivisions 13, 21 and 23 of section 501 of the retirement and
social security law, as added by chapter 890 of the laws of 1976, are
amended to read as follows:
13. "Head of the retirement system" shall mean the comptroller, with
respect to the state employees' retirement system and the state [police-
men's and firemen's] AND LOCAL POLICE AND FIRE retirement system, and
the retirement board of the other public retirement systems of the
state.
21. "Police/fire member" shall mean a member subject to the provisions
of this article who, if employed in the same capacity on June thirtieth,
nineteen hundred seventy-six, would have been eligible for membership in
the New York state [policemen's and firemen's] AND LOCAL POLICE AND FIRE
retirement system, the New York city police pension fund or the New York
city fire department pension fund, or for participation in the uniformed
transit police force plan or housing police force plan in the New York
city employees' retirement system.
23. "Public retirement system of the state" shall mean the New York
state employees' retirement system, New York state [policemen's and
firemen's] AND LOCAL POLICE AND FIRE retirement system, New York state
teacher's retirement system, New York city employees' retirement system,
New York city teacher's retirement system, New York city police pension
fund, New York city fire department pension fund and the New York city
board of education retirement system.
S. 6542--A 113
§ 225. Subdivision b of section 508 of the retirement and social secu-
rity law, as amended by chapter 18 of the laws of 2012, is amended to
read as follows:
b. A member of a retirement system subject to the provisions of this
article who is a [policeman, fireman] POLICE OFFICER, FIREFIGHTER,
correction officer, investigator revised plan member or sanitation [man]
WORKER and is in a plan which permits immediate retirement upon
completion of a specified period of service without regard to age or who
is subject to the provisions of section five hundred four or five
hundred five of this article, shall upon completion of ninety days of
service be covered for financial protection in the event of death in
service pursuant to this subdivision. Such death benefit shall be equal
to three times the member's salary raised to the next highest multiple
of one thousand dollars, but in no event shall it exceed three times the
maximum salary specified in section one hundred thirty of the civil
service law or, in the case of a member of a retirement system other
than the New York city employees' retirement system, or in the case of a
member of the New York city employees' retirement system who is a New
York city uniformed correction/sanitation revised plan member or an
investigator revised plan member, the specific limitations specified for
age of entrance into service contained in subparagraphs (b), (c), (d),
(e) and (f) of paragraph two of subdivision a of this section.
§ 226. Paragraph 1 of subdivision h of section 551 of the retirement
and social security law, as amended by chapter 542 of the laws of 2015,
is amended to read as follows:
1. As used in this section "creditable service" shall include, any and
all services performed as a sheriff, undersheriff or deputy sheriff,
provided, however, that criminal law enforcement service shall only be
creditable when it aggregates fifty per centum or more of his or her
service as a deputy sheriff. Credit for service as a member or officer
of the state police or as a paid [fireman, policeman] FIREFIGHTER,
POLICE OFFICER or officer of any organized fire department or police
force or department of any county, city, village, town, fire district or
police district, or as a criminal investigator in the office of a
district attorney, provided that service as such investigator shall have
been rendered prior to January first, nineteen hundred sixty and that
credit therefor shall not exceed five years, shall also be deemed to be
creditable service and shall be included in computing years of total
service for retirement pursuant to this section, provided such service
was performed by the member while contributing to the retirement system
pursuant to the provisions of this article or article eight of this
chapter.
§ 227. Paragraph 3 of subdivision j of section 552 of the retirement
and social security law, as amended by chapter 542 of the laws of 2015,
is amended to read as follows:
3. Credit for service as a member or officer of the state police or as
a paid [fireman, policeman] FIREFIGHTER, POLICE OFFICER or officer of
any organized fire department or police force or department of any coun-
ty, city, village, town, fire district or police district, or as a crim-
inal investigator in the office of a district attorney, provided that
service as such investigator shall have been rendered prior to January
first, nineteen hundred sixty and that credit therefor shall not exceed
five years, shall also be deemed to be creditable service and shall be
included in computing years of total service for retirement pursuant to
this section, provided such service was performed by the member while
S. 6542--A 114
contributing to the retirement system pursuant to the provisions of this
article or article eight of this chapter.
§ 228. Subdivision b of section 606 of the retirement and social secu-
rity law, as amended by chapter 601 of the laws of 1997, is amended to
read as follows:
b. A member of a retirement system subject to the provisions of this
article who is a [policeman, fireman] POLICE OFFICER, FIREFIGHTER,
correction officer or sanitation [man] WORKER and is in a plan which
permits immediate retirement upon completion of a specified period of
service without regard to age or who is subject to the provisions of
section six hundred four of this article, shall upon completion of nine-
ty days of service be covered for financial protection in the event of
death in service pursuant to this subdivision. Such death benefit shall
be equal to three times the member's salary raised to the next highest
multiple of one thousand dollars, but in no event shall it exceed three
times the maximum salary specified in section one hundred thirty of the
civil service law or, in the case of a member of a retirement system
other than the New York city employees' retirement system, the specific
limitations specified for age of entrance into service contained in
subparagraphs (b), (c), (d), (e) and (f) of paragraph two of subdivision
a of this section.
§ 229. Subsection (j) of section 3221 of the insurance law is amended
to read as follows:
(j) No policy of group or blanket accident and health insurance shall
be issued as excess coverage for volunteer [firemen] FIREFIGHTERS over
and above the coverage provided for pursuant to the volunteer [fire-
men's] FIREFIGHTERS' benefit law unless such excess policy provides for
each of the types of coverages set forth in subdivision one of section
five of such law. Any excess policy which does not contain such
provisions shall be construed as if such coverages were embodied there-
in.
§ 230. Subparagraph (C) of paragraph 2 of subsection (a) of section
4208 of the insurance law is amended to read as follows:
(C) "Applications" means individual applications for policies of life
insurance, except that in the case of volunteer [firemen] FIREFIGHTERS,
it shall also mean applications for enrollment for coverage to be issued
under group life insurance policies applied for by not less than twen-
ty-five associations or organizations of volunteer [firemen] FIREFIGHT-
ERS in accordance with the provisions of paragraph seven of subsection
(b) of section four thousand two hundred sixteen of this article.
§ 231. Paragraph 7 of subsection (b) of section 4216 of the insurance
law, as amended by chapter 24 of the laws of 1988, is amended to read as
follows:
(7) A policy insuring the members of one or more troops or units of
the state troopers or state police of any state, issued to the command-
ing officer of the state troopers or state police, who shall be deemed
the policyholder, the premium on which is to be paid by the members
insured; or a policy covering the members of one or more duly incorpo-
rated [policemen's] POLICE OFFICERS' benevolent associations or of one
or more associations or organizations of uniformed [firemen] FIREFIGHT-
ERS or volunteer firefighters or volunteer ambulance workers which asso-
ciation or organization shall have been in existence for at least two
years prior to the issuance of such policy and which shall have twenty-
five members at the time of the issuance of such policy, which shall be
issued to such association or to a trustee or trustees of a fund estab-
lished, or participated in, by one or more of such associations or
S. 6542--A 115
organizations as the policyholder. If the opportunity to take such
insurance is offered to all eligible members of a unit of such state
troopers or state police, or to all eligible members of such incorpo-
rated [policemen's] POLICE OFFICERS' benevolent association or of an
association or organization of uniformed [firemen] FIREFIGHTERS, volun-
teer firefighters, then not less than fifty percent of such members or,
if less, fifty or more of such members may be so insured. If the insur-
ance is limited to those eligible members who are employed as state
troopers, [policemen, firemen] POLICE OFFICERS, FIREFIGHTERS or volun-
teer ambulance workers, then not less than sixty percent or five hundred
of such members, whichever is less, may be so insured. Such policy shall
provide for the payment of benefits, except policy dividends, to the
person insured or to some beneficiary or beneficiaries, other than such
commanding officer or such association or any of its officials, as such,
and shall also provide for the issuance of a certificate to the policy-
holder for delivery to the person insured or to such beneficiary, as
evidence of such insurance. For the purposes of this paragraph any asso-
ciation currently holding premium dividends as a result of policies
issued under this section shall be permitted to maintain said dividends
for the general purposes of the entire membership. For the purposes of
this paragraph the term "eligible members of an association of volunteer
firefighters or volunteer ambulance workers" means members who perform
services in fire-fighting duties or members of a volunteer exempt fire
benevolent association who are entitled to benefits from the expendi-
tures of foreign fire insurance tax moneys, including, inactive exempt
volunteer firefighters as defined by section two hundred of the general
municipal law or in ambulance-related duties, respectively. The amounts
of insurance may be based upon a plan which permits a limited number of
selections by the members if the selections offered utilize a consistent
pattern of grading the amounts of insurance for individual group members
so that the resulting pattern of coverage is reasonable.
§ 232. Clause (iii) of subparagraph (D) of paragraph 3 of subsection
(a) of section 4237 of the insurance law is amended to read as follows:
(iii) any fire corporation incorporated under or subject to the
provisions of section one thousand four hundred two of the not-for-pro-
fit corporation law, or any general or special law, if such corporation
is by law under the general control of, or recognized as a fire corpo-
ration by, the governing board of a city, town, village or fire
district, which municipal corporation, fire district, fire department,
fire company or fire corporation, as the case may be, shall be deemed
the policyholder, covering all, but not less than twenty-five, volunteer
members of such department, company or corporation. A district corpo-
ration which has the general powers of and operates as a fire district
shall be considered a fire district for the purposes of this paragraph.
A volunteer [fireman] FIREFIGHTER whose services are offered and
accepted pursuant to the provisions of section two hundred nine-i of the
general municipal law shall be deemed a volunteer member of any such
fire department, fire company or fire corporation except for the purpose
of determining the minimum number of twenty-five volunteer members for
which any such policy or contract must provide coverage. Any such policy
or contract issued to a municipal corporation or a fire district shall
be subject to any limitations on the amount, coverage or benefits as are
set forth in any applicable general, special or local law or city or
village charter.
S. 6542--A 116
§ 233. Paragraph (d) of section 202 of the not-for-profit corporation
law, as amended by chapter 843 of the laws of 1980, is amended to read
as follows:
(d) A corporation formed under general or special law to provide
parks, playgrounds or cemeteries, or buildings and grounds for camp or
grove meetings. Sunday school assemblies, cemetery purposes, temperance,
missionary, educational, scientific, musical and other meetings, subject
to the ordinances and police regulations of the county, city, town, or
village in which such parks, playgrounds, cemeteries, buildings and
grounds are situated, may appoint from time to time one or more special
[policemen] POLICE OFFICERS, with power to remove the same at pleasure.
Such special [policemen] POLICE OFFICERS shall preserve order in and
about such parks, playgrounds, cemeteries, buildings and grounds, and
the approaches thereto, and to protect the same from injury, and shall
enforce the established rules and regulations of the corporation. Every
[policeman] POLICE OFFICER so appointed shall within fifteen days after
his OR HER appointment and before entering upon the duties of his OR HER
office, take and subscribe the oath of office prescribed in the thir-
teenth article of the constitution of the state of New York, which oath
shall be filed in the office of the county clerk of the county where
such grounds are situated. A [policeman] POLICE OFFICER appointed under
this section when on duty shall wear conspicuously a metallic shield
with the name of the corporation which appointed him OR HER inscribed
thereon. The compensation of [policemen] POLICE OFFICERS appointed under
this section shall be paid by the corporation by which they are
appointed.
§ 234. Clause (B) of subparagraph 5 of paragraph (a) of section 301 of
the not-for-profit corporation law, as amended by chapter 155 of the
laws of 2012, is amended to read as follows:
(B) Shall not contain any of the following words, or any abbreviation
or derivative thereof:
acceptance fidelity mortgage
annuity finance savings
assurance guaranty surety
bank indemnity title
bond insurance trust
casualty investment underwriter
doctor lawyer
endowment loan
unless the approval of the superintendent of financial services is
attached to the certificate of incorporation, or application for author-
ity or amendment thereof; or that the word "doctor", "lawyer", or the
phrase "state police" or "state trooper" or an abbreviation or deriva-
tion thereof, may be used in the name of a corporation the membership of
which is composed exclusively of doctors, lawyers, state [policemen]
POLICE OFFICERS or state troopers, respectively.
S. 6542--A 117
§ 235. The paragraph heading of paragraph (c), paragraphs (d) and (g),
clause (C) of subparagraph 1 and clause (C) of subparagraph 2 of para-
graph (h), and subparagraph 1 of paragraph (i) of section 1402 of the
not-for-profit corporation law, clause (C) of subparagraph 2 of para-
graph (h) as amended by chapter 373 of the laws of 2011, and subpara-
graph 1 of paragraph (i) as amended by chapter 215 of the laws of 1978,
are amended to read as follows:
Appointment of [firemen] FIREFIGHTERS.
(d) Incorporation of fire corporations in towns legalized.
Any fire, hose, protective or hook and ladder corporation heretofore
organized under any general law with the consent of the town board in
the territory served by such corporation is hereby legalized and
confirmed, notwithstanding the omission of any town board to appoint or
confirm the members of such corporations as town [firemen] FIREFIGHTERS.
Any such corporation shall hereafter be subject to the provisions of
this section.
(g) [Firemen's] FIREFIGHTERS' exemption.
Every active [fireman] FIREFIGHTER who shall be a member of a corpo-
ration subject to the provisions of this section shall be entitled to
all the rights granted by law to volunteer [firemen] FIREFIGHTERS and
every such active [fireman] FIREFIGHTER who shall meet the requirements
of section two hundred of the general municipal law shall be entitled to
the additional rights granted by law to exempt volunteer [firemen] FIRE-
FIGHTERS.
(C) who was, at the time of his OR HER election to membership, a resi-
dent of the territory specified in the certificate of incorporation or
of territory outside such boundaries which was afforded fire protection
by the fire corporation pursuant to a contract for fire protection,
shall for all purposes in law be considered to have been duly elected
and confirmed as a member in such fire corporation as of the date of
such confirmation, if any, and, if none, then as of the date of such
election; notwithstanding that there may have been some legal defect in
such election, or the proceedings precedent thereto, or a failure of the
town board to confirm such member, as provided by the law in force at
the time of such election, and the status of such person as a volunteer
[fireman] FIREFIGHTER as of the date of such confirmation or election is
hereby legalized, validated and confirmed. This subparagraph shall not
apply to a person, if any, whose volunteer membership in a fire corpo-
ration was declared invalid by a court of competent jurisdiction prior
to the first day of January, nineteen hundred fifty-five.
(C) who was, at the time of his OR HER election to membership, a resi-
dent of the territory specified in the certificate of incorporation or
of territory outside such boundaries which was afforded fire protection
by the fire corporation pursuant to a contract for fire protection, or
who was a nonresident elected to membership or who was continued as a
member, pursuant to the provisions of subparagraph (A) shall for all
purposes in law be considered to have been duly elected and confirmed,
or continued, as a member in such fire corporation as of the date of
such confirmation, if any, and, if none, then as of the date of such
election or, in the case of a continuance, as of the date of approval,
if any, by the town board and, if none, as of the date of authorization
of continuance by the fire corporation; notwithstanding that there may
have been some legal defect in such election, or the proceedings there-
to, or a failure of the town board to confirm the election, or approve
the continuance of membership, of such member, as provided by the law in
force at the time of such election or continuance, and the status of
S. 6542--A 118
such person as a volunteer [fireman] FIREFIGHTER as of such date is
hereby legalized, validated and confirmed. This subparagraph shall not
apply to a person, if any, whose volunteer membership in a fire corpo-
ration was declared invalid by a court of competent jurisdiction prior
to the first day of January, two thousand eleven.
(1) It shall be an unlawful discriminatory practice for any volunteer
fire department, fire company or fire corporation, through any member or
members thereof, directors, officers, members of a town board, board of
fire commissioners or other body or office having power of appointment
of volunteer [firemen] FIREFIGHTERS in any fire department, fire company
or fire corporation pursuant to this section, because of the race,
creed, color, national origin, sex or marital status of any individual,
to exclude or to expel from its volunteer membership such individual, or
to discriminate against any of its members because of the race, creed,
color, national origin, sex or marital status of such volunteer members.
§ 236. Subdivision 6 of section 504 of the tax law, as added by chap-
ter 534 of the laws of 1975, is amended to read as follows:
6. Owned and operated by any fire company or fire department as
defined in section three of the volunteer [firemen's] FIREFIGHTERS'
benefit law.
§ 237. Section 274 of the general business law is amended to read as
follows:
§ 274. Assistance of [policeman] POLICE OFFICER or constable. Any
person authorized by this article to seize and take into his OR HER
possession any such cans may, in case of resistance, call to his OR HER
aid any police officer or constable of the town, village or city who
shall when so called on assist him OR HER in seizing or taking
possession of such cans.
§ 238. The closing paragraph of section 104-b of the social services
law, as added by chapter 382 of the laws of 1964 and such section as
renumbered by chapter 550 of the laws of 1971, is amended to read as
follows:
This section shall not apply to any claim or award which is or may be
allowed pursuant to the provisions of the [workmen's] WORKERS' compen-
sation law or the volunteer [firemen's] FIREFIGHTERS' benefit law.
§ 239. Paragraph (b) of subdivision 1 of section 70.02 of the penal
law, as amended by chapter 1 of the laws of 2013, is amended to read as
follows:
(b) Class C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined in section 125.21,
aggravated sexual abuse in the second degree as defined in section
130.67, assault on a peace officer, police officer, [fireman] FIREFIGHT-
ER or emergency medical services professional as defined in section
120.08, assault on a judge as defined in section 120.09, gang assault in
the second degree as defined in section 120.06, strangulation in the
first degree as defined in section 121.13, burglary in the second degree
as defined in section 140.25, robbery in the second degree as defined in
section 160.10, criminal possession of a weapon in the second degree as
defined in section 265.03, criminal use of a firearm in the second
degree as defined in section 265.08, criminal sale of a firearm in the
second degree as defined in section 265.12, criminal sale of a firearm
with the aid of a minor as defined in section 265.14, aggravated crimi-
nal possession of a weapon as defined in section 265.19, soliciting or
providing support for an act of terrorism in the first degree as defined
S. 6542--A 119
in section 490.15, hindering prosecution of terrorism in the second
degree as defined in section 490.30, and criminal possession of a chemi-
cal weapon or biological weapon in the third degree as defined in
section 490.37.
§ 240. Section 120.08 of the penal law, as added by chapter 632 of the
laws of 1996, is amended to read as follows:
§ 120.08 Assault on a peace officer, police officer, [fireman] FIRE-
FIGHTER or emergency medical services professional.
A person is guilty of assault on a peace officer, police officer,
[fireman] FIREFIGHTER or emergency medical services professional when,
with intent to prevent a peace officer, police officer, a [fireman]
FIREFIGHTER, including a [fireman] FIREFIGHTER acting as a paramedic or
emergency medical technician administering first aid in the course of
performance of duty as such [fireman] FIREFIGHTER, or an emergency
medical service paramedic or emergency medical service technician, from
performing a lawful duty, he OR SHE causes serious physical injury to
such peace officer, police officer, [fireman] FIREFIGHTER, paramedic or
technician.
Assault on a peace officer, police officer, [fireman] FIREFIGHTER or
emergency medical services professional is a class C felony.
§ 241. Section 195.15 of the penal law, as amended by chapter 731 of
the laws of 1981, is amended to read as follows:
§ 195.15 Obstructing firefighting operations.
A person is guilty of obstructing firefighting operations when he OR
SHE intentionally and unreasonably obstructs the efforts of any:
1. [fireman] FIREFIGHTER in extinguishing a fire, or prevents or
dissuades another from extinguishing or helping to extinguish a fire; or
2. [fireman] FIREFIGHTER, police officer or peace officer in perform-
ing his OR HER duties in circumstances involving an imminent danger
created by an explosion, threat of explosion or the presence of toxic
fumes or gases.
Obstructing firefighting operations is a class A misdemeanor.
§ 242. Paragraph 8 of subdivision a of section 265.20 of the penal
law, as amended by chapter 61 of the laws of 2010, is amended to read as
follows:
8. The manufacturer of machine-guns, firearm silencers, assault weap-
ons, large capacity ammunition feeding devices, disguised guns, pilum
ballistic knives, switchblade or gravity knives, billies or blackjacks
as merchandise, or as a transferee recipient of the same for repair,
lawful distribution or research and development, and the disposal and
shipment thereof direct to a regularly constituted or appointed state or
municipal police department, sheriff, [policeman] POLICE OFFICER or
other peace officer, or to a state prison, penitentiary, workhouse,
county jail or other institution for the detention of persons convicted
or accused of crime or held as witnesses in criminal cases, or to the
military service of this state or of the United States; or for the
repair and return of the same to the lawful possessor or for research
and development.
§ 243. Section 30 of the transportation corporations law is amended to
read as follows:
§ 30. Special [policemen] POLICE OFFICERS of corporation operating
signal systems. The police department or board of police of any city
may, in addition to the police force now authorized by law, appoint a
number of persons, not exceeding two hundred, who may be designated by
any corporation operating a system of signaling by telegraph to a
central office for police assistance, to act as special [patrolmen]
S. 6542--A 120
PATROL OFFICER in connection with such telegraph system. And the persons
so appointed shall, in and about such service, have all the powers
possessed by the members of the regular force, except as they may be
limited by and subject to the supervision and control of the police
department or board of police of such city. No person shall be
appointed such special [policeman] POLICE OFFICER who does not possess
the qualifications required by such police department or board of police
for such special service; and persons so appointed shall be subject, in
case of emergency, to do duty as part of the regular police force of the
city. The police department or board of police shall have power to
revoke any such appointment at any time, and every person appointed
shall wear a badge and uniform, to be furnished by such corporation and
approved by the police department or board of police; such uniform shall
be designated at the time of the first appointment and shall be the
permanent uniform to be worn by such special police, and the pay of such
special [patrolmen] PATROL OFFICER and all expenses connected with their
service shall be wholly paid by such corporation, and no expense or
liability shall at any time be incurred or paid by the police department
or board of police of any city, for or by reason of the services of such
persons so appointed.
§ 244. Subdivision 4 of section 303 of the multiple residence law, as
added by chapter 355 of the laws of 1958, is amended to read as follows:
4. The fire department of any city, village or fire district, the fire
department of any town which as such has a fire department, and any fire
company located in the area of a town outside villages and fire
districts, may, with the approval of the chief executive officer or, if
there be none, the chief administrative body or board of the city,
village or town, respectively, assign to one or more members of the fire
department or company, as the case may be, the duty of making
inspections of buildings and properties which are subject to the
provisions of this chapter and are located in the area regularly served
and protected by such fire department or company including areas
protected pursuant to a contract. The purpose of any such inspection
shall be to determine whether the provisions of this chapter and the
rules and regulations adopted and promulgated pursuant thereto in
relation to fire protection and safety are being complied with. [Fire-
men] FIREFIGHTERS assigned to such duty shall have full power and
authority to enter, examine and inspect any such building or property at
such times and hours as are reasonably convenient. It shall be the duty
of any [fireman] FIREFIGHTER so assigned to report any violations of
such provisions of this chapter or of such rules and regulations to the
person or department charged with the duty of enforcing the provisions
of this chapter in the city, town or village in which the building or
property is located and also to the chief of his OR HER fire department
or fire company, as the case may be. In the event that an area is served
pursuant to a fire protection contract by more than one fire department
or fire company, the [fireman or firemen] FIREFIGHTER OR FIREFIGHTERS
assigned to perform such duty in such area shall report violations to
the chief of each fire department and fire company serving such area.
The failure of any such [fireman] FIREFIGHTER to discover and properly
report any such violations or his neglect or omission to perform such
duties, shall not subject him OR HER, his OR HER fire department, fire
company, or the city, village, fire district or town in which or of
which he OR SHE is a [fireman] FIREFIGHTER to any civil or other liabil-
ity. Any such [fireman] FIREFIGHTER shall not be liable civilly for any
act or acts done by him OR HER as a [fireman] FIREFIGHTER in the
S. 6542--A 121
performance of such duties, except for wilful negligence or malfeasance,
but the provisions of this subdivision shall not relieve any such city,
village, fire district, town, or fire company from liability, if any,
for the negligent or wrongful acts of the [fireman] FIREFIGHTER in the
actual performance of such duty. [Firemen] FIREFIGHTERS assigned to any
such duty may be known as fire inspectors but shall not, by reason of
this law, be an officer of any city, village, fire district or town or
of any fire department or fire company. Unless otherwise provided by
some other law, general, special or local, any such assignment of duty
and the termination of any such assignment shall be made by the chief of
the fire department or the fire company, as the case may be. Before any
such inspection is made, the [fireman] FIREFIGHTER assigned to perform
such duty must be approved by the chief executive officer or, if there
be none, the chief administrative body or board of the city, village or
town, respectively, in which the inspection will be made.
§ 245. Section 25 of the correction law, as amended by chapter 396 of
the laws of 1952 and renumbered by chapter 475 of the laws of 1970, is
amended to read as follows:
§ 25. Mutual assistance by institutional and local fire fighting
facilities. In cooperation with the development and operation of plans
for mutual aid in cases of fire and other public emergencies, the warden
or superintendent of any state institution in the department, with the
approval of the commissioner, may authorize the fire department of the
institution to furnish aid to such territory surrounding the institution
as may be practical in cases of fire and such emergencies, having due
regard to the safety of the inmates and property of the institution and
to engage in practice and training programs in connection with the
development and operation of such mutual aid plans. Any lawfully organ-
ized fire-fighting forces or [firemen] FIREFIGHTERS from such surround-
ing territory may enter upon the grounds of the institution to furnish
aid in cases of fire and such emergencies.
§ 246. Paragraph (p) of subdivision 34 of section 1.20 of the criminal
procedure law, as added by chapter 969 of the laws of 1983, is amended
to read as follows:
(p) Persons appointed as railroad [policemen] POLICE OFFICERS pursuant
to section eighty-eight of the railroad law.
§ 247. Subdivisions 12, 13, 29, 49 and 54 of section 2.10 of the crim-
inal procedure law, as added by chapter 843 of the laws of 1980, subdi-
vision 49 as amended by chapter 141 of the laws of 1988, and subdivision
54 as added by chapter 969 of the laws of 1983, are amended to read as
follows:
12. Special [policemen] POLICE OFFICERS designated by the commissioner
and the directors of in-patient facilities in the office of mental
health pursuant to section 7.25 of the mental hygiene law, and special
[policemen] POLICE OFFICERS designated by the commissioner and the
directors of facilities under his OR HER jurisdiction in the office [of
mental retardation and] FOR PEOPLE WITH developmental disabilities
pursuant to section 13.25 of the mental hygiene law; provided, however,
that nothing in this subdivision shall be deemed to authorize such offi-
cers to carry, possess, repair or dispose of a firearm unless the appro-
priate license therefor has been issued pursuant to section 400.00 of
the penal law.
13. Persons designated as special [policemen] POLICE OFFICERS by the
director of a hospital in the department of health pursuant to section
four hundred fifty-five of the public health law; provided, however,
that nothing in this subdivision shall be deemed to authorize such offi-
S. 6542--A 122
cer to carry, possess, repair or dispose of a firearm unless the appro-
priate license therefor has been issued pursuant to section 400.00 of
the penal law.
29. Special [policemen] POLICE OFFICERS for horse racing, appointed
pursuant to the provisions of the pari-mutuel revenue law as set forth
in chapter two hundred fifty-four of the laws of nineteen hundred forty,
as amended; provided, however, that nothing in this subdivision shall be
deemed to authorize such officer to carry, possess, repair or dispose of
a firearm unless the appropriate license therefor has been issued pursu-
ant to section 400.00 of the penal law.
49. Members of the army national guard military police and air
national guard security personnel belonging to the organized militia of
the state of New York when they are designated as peace officers under
military regulations promulgated by the adjutant general and when
performing their duties as military [policemen] POLICE OFFICERS or air
security personnel pursuant to orders issued by appropriate military
authority; provided, however, that nothing in this subdivision shall be
deemed to authorize such military police or air security personnel to
carry, possess, repair or dispose of a firearm unless the appropriate
license therefor has been issued pursuant to section 400.00 of the penal
law.
54. Special [policemen] POLICE OFFICERS appointed pursuant to section
one hundred fifty-eight of the town law; provided, however, that nothing
in this subdivision shall be deemed to authorize such officer to carry,
possess, repair or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
§ 248. Section 464 of the real property tax law, as amended by chapter
807 of the laws of 1965, is amended to read as follows:
§ 464. Incorporated associations of volunteer [firemen] FIREFIGHTERS.
1. Except as [othewise] OTHERWISE provided in subdivision two of this
section, real property owned by an incorporated association of present
or former volunteer [firemen] FIREFIGHTERS, other than a business corpo-
ration, which is (a) actually and exclusively used and occupied by such
incorporated association or (b) leased to the city, town, village or
fire district in which the real property is located and is actually and
exclusively used and occupied by such city, town, village or fire
district for fire department purposes or for the social and recreational
use of the [firemen] FIREFIGHTERS and residents of the city, town,
village or fire district, provided the rent under any such lease does
not exceed the amount of carrying, maintenance and depreciation charges
or (c) leased to the school district in which the real property is
located and is actually and exclusively used and occupied by such school
district for school district purposes, provided the rent under any such
lease does not exceed the amount of carrying, maintenance and depreci-
ation charges, shall be exempt from taxation, but the total amount of
the exemption to any one incorporated association shall not exceed twen-
ty thousand dollars.
2. Notwithstanding the provisions of subdivision one of this section,
real property owned by an incorporated volunteer fire company or fire
department created for the purpose of furnishing fire protection which
is (a) actually and exclusively used and occupied by such fire company
or fire department for public purposes or (b) leased to the city, town,
village or fire district in which the real property is located and is
actually and exclusively used and occupied by such city, town, village
or fire district for governmental purposes including but not limited to
the social and recreational use of the [firemen] FIREFIGHTERS and resi-
S. 6542--A 123
dents of the city, town, village or fire district provided the rent
under any such lease does not exceed the amount of carrying, maintenance
and depreciation charges or (c) leased to the school district in which
the real property is located and is actually and exclusively used and
occupied by such school district for school district purposes, provided
the rent under any such lease does not exceed the amount of carrying,
maintenance and depreciation charges, shall be exempt from taxation and
exempt from special ad valorem levies and special assessments to the
extent provided in section four hundred ninety of this chapter. In the
event that not all of the real property shall be used and occupied for
such purposes then exemption of the portion not so used shall be limited
to the exemption provided in subdivision one of this section.
3. The term "public purpose", as used in this section, shall mean land
and buildings, or portions thereof, used for
(a) housing, storage, repair and testing of fire department vehicles
and of equipment, appliances, devices, tools, protective clothing,
uniforms and supplies,
(b) receipt and dispatch of alarms,
(c) training, drills and instruction,
(d) generators, lockers, showers, custodial quarters,
(e) offices, company meetings, ready room,
(f) social and recreational use, other than for income producing or
business purposes, of both the [firemen] FIREFIGHTERS and residents of
the city, town, village or fire district in which the real property is
located.
§ 249. Section 466 of the real property tax law is amended to read as
follows:
§ 466. Volunteer [firemen] FIREFIGHTERS and fire companies in
villages. Upon the adoption of a proposition therefor by the qualified
voters of a village, the real property owned by a volunteer member of
the village fire department and the real property owned by any volunteer
fire company in the village shall be exempt from taxation for village
purposes to the extent of five hundred dollars in addition to any other
exemption authorized by law.
§ 250. Section 223 of the racing, pari-mutuel wagering and breeding
law, as amended by chapter 18 of the laws of 2008, is amended to read as
follows:
§ 223. Special [policemen] POLICE OFFICERS. For the purpose of
preserving order and preventing offenses against the laws prohibiting
gambling, the trustees or directors of any corporation created under or
subject to the provisions of this article are hereby authorized to
appoint from time to time, five or more special [policemen] POLICE OFFI-
CERS, and the same to remove at pleasure, who, when appointed, shall be
peace officers with the same powers within and about such grounds as are
set forth in section 2.20 of the criminal procedure law, whose duty,
when appointed, shall be to preserve order within and around the grounds
and racetracks of such corporation, to protect the property within such
grounds, to eject or arrest all persons who shall be improperly within
the grounds of such corporation or who shall be guilty of disorderly
conduct, or who shall neglect or refuse to pay the fees or to observe
the rules prescribed by such corporation; and it shall be the further
duty of such [policemen] POLICE OFFICERS, when appointed, to prevent all
violations of law with reference to pool-selling, bookmaking and other
gambling, and to arrest any and all persons violating such provisions,
and to convey such person or persons so arrested, with a statement of
the cause of such arrest, before a court having jurisdiction of such
S. 6542--A 124
offense, to be dealt with according to the law. The appointment of
[policemen] POLICE OFFICERS in pursuance of this section shall not be
deemed to supersede in any way on the grounds and racetrack of such
corporation the authority of peace officers or police officers of the
jurisdiction within which such grounds and racetrack are located.
§ 251. Section 312 of the racing, pari-mutuel wagering and breeding
law is amended to read as follows:
§ 312. Special [policemen] POLICE OFFICERS. 1. For the purpose of
preserving order and preventing offenses against the laws prohibiting
gambling, the officers or directors of any corporation or association
created under or subject to the provisions of sections two hundred twen-
ty-two through seven hundred five of this chapter are hereby authorized
to appoint from time to time, special [policemen] POLICE OFFICERS, and
the same to remove at pleasure, who, when appointed, shall be peace
officers with the same powers within and about such grounds as are vest-
ed in peace officers as set forth in section 2.20 of the criminal proce-
dure law, whose duty and powers, when appointed, shall be to preserve
order within and around the grounds and racetracks of said corporation
or association, to protect the property within said grounds, to eject or
arrest all persons who shall be improperly within the grounds of such
corporation or association or who shall be guilty of disorderly conduct,
or who shall neglect or refuse to pay the fees or to observe the rules
prescribed by said corporation or association; and it shall be the
further duty of said [policemen] POLICE OFFICERS, when appointed to
prevent all violations of law with reference to pool-selling, bookmak-
ing, and other gambling, and to arrest any and all persons violating
such provisions, and to convey such person or persons so arrested, with
a statement of the cause of such arrest, before a court having jurisdic-
tion of such offense, to be dealt with according to the law. The
appointment of [policemen] POLICE OFFICERS in pursuance of this section
shall not be deemed to supersede in any wise on the grounds and race-
track of such corporation or association the authority of peace officers
or police officers of the jurisdiction within which such grounds and
racetrack are located.
2. Any appointment of a special [policeman] POLICE OFFICER under this
section shall only be made with the approval of the state racing and
wagering board. Application for such approval shall be in such form as
may be prescribed by the board and shall contain such other information
or material or evidence as the board shall require. In acting on an
application for such approval the board shall consider the background,
experience, integrity, and competence of the candidate for appointment,
the public interest, convenience or necessity and the interests of
harness racing generally. The board in its discretion may set the term
of any such appointment, terminate any existing appointment at any time
and prescribe conditions and rules for the conduct of such office.
§ 252. Section 412 of the racing, pari-mutuel wagering and breeding
law is amended to read as follows:
§ 412. Special [policemen] POLICE OFFICERS. 1. For the purpose of
preserving order and preventing offenses against the laws prohibiting
gambling, the officers or directors of any corporation or association
created under or subject to the provisions of this article are hereby
authorized to appoint from time to time, special [policemen] POLICE
OFFICERS, and the same to remove at pleasure, who, when appointed, shall
be peace officers with the same powers within and about such grounds as
are set forth in section 2.20 of the criminal procedure law whose duty,
when appointed, shall be to preserve order within and around the grounds
S. 6542--A 125
and racetracks of said corporation or association, to protect the prop-
erty within said grounds, to eject or arrest all persons who shall be
improperly within the grounds of such corporation or association or who
shall be guilty of disorderly conduct, or who shall neglect or refuse to
pay the fees or to observe the rules prescribed by said corporation or
association; and it shall be the further duty of said [policemen] POLICE
OFFICERS, when appointed to prevent all violations of law with reference
to pool-selling, bookmaking, and other gambling, and to arrest any and
all persons violating such provisions, and to convey such person or
persons so arrested, with a statement of the cause of such arrest,
before a magistrate having jurisdiction of such offense, to be dealt
with according to law. The appointment of [policemen] POLICE OFFICERS in
pursuance of this section shall not be deemed to supersede in any way on
the grounds and racetrack of such corporation or association the author-
ity of peace officers or police officers of the jurisdiction within
which such grounds and racetrack are located.
2. Any appointment of a special [policeman] POLICE OFFICER under this
section, shall only be made with the approval of the state racing and
wagering board. Application for such approval shall be in such form as
may be prescribed by the board and shall contain such other information
or material or evidence as the board shall require. In acting on an
application for such approval the board shall consider the background,
experience, integrity, and competence of the candidate for appointment,
the public interest, convenience or necessity and the interests of quar-
ter horse racing generally. The board in its discretion may set the term
of any such appointment, terminate any existing appointment at any time
and prescribe conditions and rules for the conduct of such office.
§ 253. Section 504 of the racing, pari-mutuel wagering and breeding
law is amended to read as follows:
§ 504. Policing off-track betting. 1. For the purpose of preserving
order and preventing offenses against the laws prohibiting gambling and
the rules and regulations promulgated pursuant to sections two hundred
twenty-two through seven hundred five of this chapter, the officers or
directors of each corporation subject to the provisions of this article
are hereby authorized to appoint from time to time, special [policemen]
POLICE OFFICERS, and the same to remove at pleasure, who, when
appointed, shall within any office of a corporation and within five
hundred feet therefrom be vested with the powers of peace officers, as
set forth in section 2.20 of the criminal procedure law, whose duty,
when appointed, shall be to preserve order within and around the offices
of said corporation, to protect the property within, to eject or arrest
all persons who shall be improperly within the office of such corpo-
ration or who shall be guilty of disorderly conduct, or who shall
neglect or refuse to observe the rules prescribed by said corporation;
and it shall be the further duty of said [policemen] POLICE OFFICERS,
when appointed to prevent all violations of law with reference to pool-
selling, bookmaking and other gambling and all violations of the rules
and regulations promulgated pursuant to sections two hundred twenty-two
through seven hundred five of this chapter having the force of law and
to arrest any and all persons violating such provisions, and to convey
such person or persons so arrested, with a statement of the cause of
such arrest, before a magistrate having jurisdiction of such offense, to
be dealt with according to law. The appointment of special [policemen]
POLICE OFFICERS in pursuance of this section shall not be deemed to
supersede in any way the authority of peace officers or police officers
S. 6542--A 126
of the jurisdiction within which the offices of the corporation are
located.
2. Any appointment of a special [policeman] POLICE OFFICER under this
section, shall only be made with the approval of the state racing and
wagering board. Application for such approval shall be in such form as
may be prescribed by the board and shall contain such other information
or material or evidence as it shall require. In acting on an applica-
tion for such approval the board shall consider the background, experi-
ence, integrity, and competence of the candidate for appointment, the
public interest, convenience or necessity and the interests of legalized
wagering generally. The board in its discretion may set the term of any
such appointment, terminate any existing appointment at any time and
prescribe conditions and rules for the conduct of such office.
§ 254. The opening paragraph of subdivision 2 of section 605 of the
racing, pari-mutuel wagering and breeding law, as amended by chapter 115
of the laws of 2008, is amended to read as follows:
Such policing shall be provided through employees of the corporation
designated as: (i) special [patrolmen] PATROL OFFICER by the police
commissioner of the city and serving pursuant to the provisions of
section 14-106 of the administrative code OF THE CITY OF NEW YORK, or
(ii) special [policemen] POLICE OFFICERS designated in a manner consist-
ent with section five hundred four of this chapter. When so designated,
such special [patrolmen] PATROL OFFICERS or special [policemen] POLICE
OFFICERS shall, in the branch offices and the other facilities and prem-
ises of the corporation, and in the areas within five hundred feet ther-
efrom:
§ 255. Paragraph 2 of subdivision (a) of section 110 of the uniform
justice court act, as amended by chapter 236 of the laws of 1971, is
amended to read as follows:
2. a village court, the [policemen] POLICE OFFICERS, marshals and
constables of the village and the sheriff of the county;
§ 256. Subdivision 18 of section 58 of the New York city criminal
court act, as amended by chapter 843 of the laws of 1980, is amended to
read as follows:
(18) Where an appearance ticket has been served by a special [police-
man] POLICE OFFICER pursuant to sections 7.25 and 13.25 of the mental
hygiene law in lieu of arrest in cases authorized by article one hundred
fifty of the criminal procedure law, the commissioner of mental hygiene
or director of hospitals, schools and institutes operated by the depart-
ment of mental hygiene are hereby authorized to administer to such
special [policemen] POLICE OFFICERS all necessary oaths in connection
with the execution of the accusatory instrument to be presented in court
by such special [policemen] POLICE OFFICERS in the prosecution of such
offense.
§ 257. Paragraph 1 of subdivision d of section 13-145.1 of the admin-
istrative code of the city of New York, as added by chapter 823 of the
laws of 1985, is amended to read as follows:
(1) he OR SHE had been appointed a [fireman] FIREFIGHTER on the earli-
est date on which, after last becoming a member of the retirement
system, he OR SHE began service in one of the positions in the fire
department mentioned in subdivision a of this section; and
§ 258. Subdivision f of section 13-155 of the administrative code of
the city of New York is amended to read as follows:
f. Notwithstanding any other provision of this section, the provisions
of section two hundred seven-d of the general municipal law shall apply
to any correction member in the same manner and to the same extent as if
S. 6542--A 127
the definition of ["policeman"] "POLICE OFFICER" in such section
included a paid officer or member of the uniformed correction force;
provided, however, that any such member shall not be entitled to any
rights or benefits under such section two hundred seven-d in the event
that, if a member of the police force of the city and of the police
pension fund maintained pursuant to subchapter two of chapter two of
this title, who had elected a minimum period of service as a prerequi-
site for eligibility for retirement for service and who had served in
the city police force beyond such minimum period of service, were to
retire for any cause whatsoever on the same date as that on which such
correction member retires for any cause whatsoever, the provisions of
such section two hundred seven-d would not be applicable, operative or
effective for determining the rights or benefits of such member of the
city police force.
§ 259. Subdivision f of section 13-156 of the administrative code of
the city of New York is amended to read as follows:
f. Notwithstanding any other provision of this section, the provisions
of section two hundred seven-d of the general municipal law shall apply
to any housing police member in the same manner and to the same extent
as if the definition of ["policeman"] "POLICE OFFICER" in such section
included a paid officer or member of the housing police service;
provided, however, that any such member shall not be entitled to any
rights or benefits under such section two hundred seven-d in the event
that, if a member of the police force of the city and of the police
pension fund maintained pursuant to subchapter two of chapter two of
this title, who had elected a minimum period of service as a prerequi-
site for eligibility for retirement for service and who had served in
the city police force beyond such minimum period of service, were to
retire for any cause whatsoever on the same date as that on which such
housing police member retires for any cause whatsoever, the provisions
of such section two hundred seven-d would not be applicable, operative
or effective for determining the rights or benefits of such member of
the city police force.
§ 260. Subdivision f of section 13-157 of the administrative code of
the city of New York is amended to read as follows:
f. Notwithstanding any other provision of this section, the provisions
of section two hundred seven-d of the general municipal law shall apply
to any transit police member in the same manner and to the same extent
as if the definition of ["policeman"] "POLICE OFFICER" in such section
included a paid officer or member of the uniformed transit police force;
provided, however, that any such member shall not be entitled to any
rights or benefits under such section two hundred seven-d in the event
that, if a member of the police force of the city and of the police
pension fund maintained pursuant to subchapter two of chapter two of
this title; who had elected a minimum period of service as a prerequi-
site for eligibility for retirement for service and who had served in
the city police force beyond such minimum period of service, were to
retire for any cause whatsoever on the same date as that on which such
transit police member retires for any cause whatsoever, the provisions
of such section two hundred seven-d would not be applicable, operative
or effective for determining the rights or benefits of such member of
the city police force.
§ 261. Paragraphs 5, 6, 7 and 8 of subdivision a of section 13-302 of
the administrative code of the city of New York are amended to read as
follows:
S. 6542--A 128
5. The president of the uniformed [firemen's] FIREFIGHTERS' associ-
ation of greater New York who shall be entitled to cast two votes.
6. The vice-president of the uniformed [firemen's] FIREFIGHTERS' asso-
ciation of greater New York who shall be entitled to cast two votes.
7. The treasurer of the uniformed [firemen's] FIREFIGHTERS' associ-
ation of greater New York who shall be entitled to cast two votes.
8. The chairperson of the board of trustees of the uniformed [fire-
men's] FIREFIGHTERS' association of greater New York who shall be enti-
tled to cast two votes.
§ 262. Subdivision a of section 13-305 of the administrative code of
the city of New York is amended to read as follows:
a. Notwithstanding the provisions of section 13-304 of this chapter,
in any case where a pension was awarded under the provisions of such
section, or any predecessor section, by reason of the retirement of a
member for disability caused or induced by the actual performance of the
duties of his or her position, prior to July first, nineteen hundred
sixty-five, such member shall be entitled to a pension of not less than
three-fourths the annual salary or compensation payable to a first grade
[fireman] FIREFIGHTER as of July first, nineteen hundred sixty-five. In
the case of any member receiving a pension less than three-fourths the
annual salary or compensation of a first grade firefighter as of July
first, nineteen hundred sixty-five, his or her pension will be increased
to an amount which will equal three-fourths the annual salary or compen-
sation of a first grade [fireman] FIREFIGHTER as of July first, nineteen
hundred sixty-five.
§ 263. Section 2 of the volunteer firefighters' benefit law, as
amended by chapter 751 of the laws of 1957, is amended to read as
follows:
§ 2. Purpose. One of the finest traditions of American community life
is the service which people render to others without remuneration.
Volunteer [firemen] FIREFIGHTERS have long been in the forefront of this
group. In recognition of the unselfish service by these volunteers,
government has undertaken to provide for them and their families some
measure of protection against loss from death or injuries in line of
duty. Over the years there has developed a dual system of benefits when
volunteer [firemen] FIREFIGHTERS are killed or injured. The dual system
has caused uncertainty and confusion. This law establishes a new single
system of benefits for volunteer [firemen] FIREFIGHTERS and provides for
the administration of such system by the [workmen's] WORKERS' compen-
sation board and the chairman of such board.
It is hereby declared that this chapter is intended to effectuate the
objects and purposes of section eighteen of article one of the state
constitution and that the relationship between the political subdivision
liable for benefits under this chapter and a volunteer [fireman] FIRE-
FIGHTER entitled to such benefits is that of employer and employee with-
in the meaning of such provision of the state constitution.
§ 264. Subdivisions 1, 4, 5, 7 and 8 of section 3 of the volunteer
firefighters' benefit law, subdivision 4 as amended by chapter 751 of
the laws of 1957, subdivision 5 as amended by chapter 67 of the laws of
1981, and subdivision 8 as amended by chapter 697 of the laws of 1956,
are amended to read as follows:
1. "Volunteer [fireman] FIREFIGHTER" means an active volunteer member
of a fire company.
4. "Injury" includes any disablement of a volunteer [fireman] FIRE-
FIGHTER that results from services performed in line of duty and such
S. 6542--A 129
disease or infection as may naturally and unavoidably result from an
injury.
5. "Child" includes a posthumous child, a child legally adopted prior
to the injury of the volunteer [fireman] FIREFIGHTER; and a step-child
or acknowledged child born out of wedlock dependent upon the deceased
volunteer [fireman] FIREFIGHTER.
7. "Dependent" includes a surviving spouse entitled to receive bene-
fits under this chapter, whether or not actually dependent upon a volun-
teer [fireman] FIREFIGHTER, unless a contrary meaning is clearly
intended.
8. "Earning capacity", except as herein provided, means:
a. The ability of a volunteer [fireman] FIREFIGHTER to perform on a
five-day or six-day basis either the work usually and ordinarily
performed by him OR HER in his OR HER remunerated employment or other
work which for any such worker would be a reasonable substitute for the
remunerated employment in which he OR SHE was employed at the time of
his OR HER injury, or
b. The ability of a volunteer [fireman] FIREFIGHTER to perform on a
five-day or six-day basis either the work usually and ordinarily
performed by him OR HER in the practice of his OR HER profession or in
the conduct of his OR HER trade or business, including farming, and from
which he OR SHE could derive earned income or other work which for any
such person would be a reasonable substitute for the profession, trade
or business in which he OR SHE was engaged at the time of his OR HER
injury.
Every volunteer [fireman] FIREFIGHTER shall be considered to have
earning capacity and, if the provisions of paragraphs a and b above are
not applicable in any given case, the [workmen's] WORKERS' compensation
board, in the interest of justice, shall determine the reasonable earn-
ing capacity of the volunteer [fireman] FIREFIGHTER with due regard to
the provisions of such paragraphs and the work he OR SHE reasonably
could be expected to obtain and for which he OR SHE is qualified by age,
education, training and experience. The ability of a volunteer [fireman]
FIREFIGHTER to perform the duties of a volunteer [fireman] FIREFIGHTER,
or to engage in activities incidental thereto, may be considered in
determining loss of earning capacity, but the inability of a volunteer
[fireman] FIREFIGHTER to perform such duties or to engage in such activ-
ities shall not be a basis of determining loss of earning capacity.
§ 265. Paragraphs d, l and m of subdivision 1, and subdivision 2 of
section 5 of the volunteer firefighters' benefit law, paragraphs d and m
of subdivision 1 as amended by chapter 161 of the laws of 1983, para-
graph l of subdivision 1 as amended by chapter 735 of the laws of 1984,
subdivision 2 as amended by chapter 313 of the laws of 1963, paragraph a
of subdivision 2 as amended by chapter 341 of the laws of 2005 and the
closing paragraph of subdivision 2 as amended by chapter 805 of the laws
of 1984, are amended to read as follows:
d. While, within this country or in Canada and pursuant to orders or
authorization, instructing or being instructed in fire duties, attending
a training school or course of instruction for [firemen] FIREFIGHTERS,
or attending or participating in any noncompetitive training program,
including necessary travel directly connected therewith, as well as
necessary travel to and necessary travel returning from such activity.
l. While, within this country or Canada and pursuant to orders or
authorization, attending a convention or conference of [firemen] FIRE-
FIGHTERS or fire officers or fire district officers as the authorized
delegate or representative of his OR HER fire department, fire company
S. 6542--A 130
or any unit thereof, including necessary travel directly connected ther-
ewith, as well as necessary travel to and necessary travel returning
from such activity.
m. While, within the state and pursuant to orders or authorization,
working in connection with a fund raising activity of his OR HER fire
company, as defined in subdivision fifteen of section three of this
chapter including necessary travel directly connected therewith, as well
as necessary travel to and necessary travel returning from such activ-
ity, but shall not include competitive events in which volunteer [fire-
men] FIREFIGHTERS are competitors, such as baseball, basketball, foot-
ball, bowling, tugs of war, water-ball fights, donkey baseball, boxing,
wrestling, contests between bands or drum corps, or other competitive
events in which volunteer [firemen] FIREFIGHTERS are competitors and
which involve physical exertion on the part of the competitors.
2. Benefits shall not be paid and provided pursuant to this chapter in
the following instances:
a. Work or service rendered by a volunteer firefighter while on a
leave of absence pursuant to either section two hundred-b or section two
hundred-c of the general municipal law, unless such work or service is
performed pursuant to subdivision one-a of section two hundred-b or
subdivision one-a of section two hundred-c of the general municipal law,
or pursuant to any other general, special or local law, charter or ordi-
nance or pursuant to the constitution, by-laws, rules or regulations
applicable to the fire company or fire department of which he OR SHE is
a member.
b. Practice for and participation in any recreational, social, or fund
raising activity other than a fund raising activity for which coverage
is provided under paragraph m of subdivision one of this section.
c. Work or service rendered by a volunteer [fireman] FIREFIGHTER while
suspended from duty pursuant to section two hundred nine-l of the gener-
al municipal law, article eight of the village law or pursuant to any
other general, special or local law, charter or ordinance or pursuant to
the constitution, by-laws, rules or regulations applicable to the fire
company or fire department of which he OR SHE is a member.
d. Work or service not rendered as a volunteer [fireman] FIREFIGHTER,
but rendered as an officer, official or employee of a public corporation
or any special district thereof, whether with or without remuneration,
even though by law a requirement for such office, position or employment
shall be that such officer, official or employee shall have been or must
be a volunteer [fireman] FIREFIGHTER.
e. Work or service not rendered as a volunteer [fireman] FIREFIGHTER,
but rendered in the course of his OR HER employment for a private
employer.
f. Work or service not rendered as a volunteer [fireman] FIREFIGHTER,
but rendered as a civil defense volunteer.
g. Work, service or activities in which the volunteer [fireman] FIRE-
FIGHTER has been ordered not to participate.
This subdivision shall not be deemed to enumerate all of the activ-
ities engaged in by volunteer [firemen] FIREFIGHTERS for which mandatory
coverage is not provided by this chapter, or to prohibit any of the
activities described in this subdivision, or to prevent the securing of
insurance pursuant to section four thousand two hundred thirty-seven of
the insurance law to cover volunteer [firemen] FIREFIGHTERS when engaged
in activities other than those for which mandatory coverage is provided
by this chapter.
S. 6542--A 131
§ 266. Section 6 of the volunteer firefighters' benefit law, as
amended by chapter 751 of the laws of 1957, is amended to read as
follows:
§ 6. Volunteer [firemen's] FIREFIGHTERS' benefits; general. If a
volunteer [fireman] FIREFIGHTER dies from the effects of injury in line
of duty, or if such a [fireman] FIREFIGHTER shall be injured in line of
duty, benefits shall be paid and provided pursuant to this chapter,
except that there shall be no liability for such benefits when the inju-
ry has been solely occasioned by intoxication of the volunteer [fireman]
FIREFIGHTER while acting in line of duty or by the wilful intention of
the volunteer [fireman] FIREFIGHTER to bring about the injury or death
of himself OR HERSELF or another.
§ 267. Subdivisions 2, 4, 19, 21, 22, 31, 32, 33 and 34 of section 7
of the volunteer firefighters' benefit law, as amended by chapter 212 of
the laws of 2005, are amended to read as follows:
2. If there be a surviving spouse, to such spouse the lump sum of
fifty-six thousand dollars, but if there be no surviving spouse, then to
the executor or administrator of the estate of the volunteer [fireman]
FIREFIGHTER, the lump sum of fifty-six thousand dollars. Such sum shall
be in addition to any other benefits provided in this chapter and shall
not be diminished by benefits paid to the volunteer [fireman] FIREFIGHT-
ER during his OR HER lifetime. Any money paid to an executor or adminis-
trator pursuant to the provisions of this subdivision shall be distrib-
uted in the manner provided by the laws of this state for the
distribution of the personal property of an intestate decedent.
Provided, however, that nothing herein shall be construed as affording a
greater benefit for those volunteer [firemen] FIREFIGHTERS injured prior
to the effective date of this act, however the spouse or estate of such
[fireman] FIREFIGHTER shall continue to be eligible for a benefit in the
sum of eleven thousand eighty-four dollars.
4. If there be a surviving spouse and a surviving child or children of
the deceased under the age of eighteen years or under the age of twen-
ty-five years who is enrolled as a full time student in any accredited
educational institution or a surviving child or children of any age
dependent blind or physically disabled, to such spouse ninety-five
dollars for each week until remarried, and upon such remarriage the lump
sum of nine thousand eight hundred fifty-six dollars; and an additional
amount of sixty-three dollars for each week for each such child until
the age of eighteen years or under the age of twenty-five years who is
enrolled as a full time student in any accredited educational institu-
tion or until the removal of the dependency of the blind or physically
disabled child or children; in the case of the subsequent death or
remarriage of such surviving spouse any surviving child of the deceased
[fireman] FIREFIGHTER, at the time under eighteen years of age or under
the age of twenty-five years who is enrolled as a full time student in
any accredited educational institution or dependent through mental or
physical infirmity, shall have his OR HER benefit increased to ninety-
five dollars for each week, and the same shall be payable until he OR
SHE shall reach the age of eighteen years or twenty-five years, as the
case may be, or until such dependent blind or physically disabled condi-
tion shall have been removed; provided that the total amount payable for
each week under this subdivision shall in no case exceed two hundred
fifty-three dollars per week. Upon statutory termination of payments to
all such children, the payments to the surviving spouse shall be
increased to one hundred thirty dollars for each week until such spouse
S. 6542--A 132
remarries, and upon such remarriage, such spouse shall be paid the lump
sum of twelve thousand thirty-three dollars.
19. In the case of a death of a volunteer [fireman] FIREFIGHTER, on or
after January first, nineteen hundred seventy-nine, that results from
services performed in the line of duty, if there be a surviving spouse
and no surviving child of the deceased under the age of eighteen years
or under the age of twenty-five years who is enrolled as a full time
student in any accredited educational institution and no surviving child
of any age dependent blind or physically disabled, to such spouse four
hundred seventy-seven dollars for each week until remarried, and upon
such remarriage the lump sum of forty-nine thousand five hundred sixty-
eight dollars.
21. In the case of a death of a volunteer [fireman] FIREFIGHTER, on or
after January first, nineteen hundred seventy-nine, that results from
services performed in the line of duty, if there be surviving a child or
children of the deceased under the age of eighteen years or under the
age of twenty-five years who is enrolled as a full time student in any
accredited educational institution or a dependent blind or physically
disabled child or children of any age, but no surviving spouse, for the
support of such child or children until the age of eighteen years or
twenty-five years as the case may be, or until the removal of the
dependency of such blind or physically disabled child or children, four
hundred seventy-seven dollars, share and share alike, for each week;
provided that the total amount payable for each week under this subdivi-
sion shall not exceed four hundred seventy-seven dollars per week.
22. In the case of a death of a volunteer [fireman] FIREFIGHTER, on or
after January first, nineteen hundred seventy-nine, that results from
services performed in the line of duty, if there be no surviving spouse
or child of the deceased under the age of eighteen years or under the
age of twenty-five years who is enrolled as a full time student in any
accredited educational institution or dependent blind or physically
disabled child of the deceased of any age, then for the support of
grandchildren or brothers and sisters under the age of eighteen years or
under the age of twenty-five years who is enrolled as a full time
student in any accredited educational institution if dependent upon the
deceased at the time of the injury, one hundred seventy-eight dollars
and seventy-four cents for each week for the support of each such person
until the age of eighteen years or twenty-five years as the case may be,
and for the support of each parent or grandparent of the deceased, if
dependent upon the deceased at the time of the injury, two hundred
eighty-six dollars for each week during such dependency, but in no case
shall the aggregate amount payable under this subdivision exceed four
hundred seventy-seven dollars per week.
31. In the case of a death of a volunteer [fireman] FIREFIGHTER on or
after July first, nineteen hundred eighty-five, that results from
services performed in the line of duty, if there be a surviving spouse
and no surviving child of the deceased under the age of eighteen years
or under the age of twenty-five years who is enrolled as a full time
student in any accredited educational institution and no surviving child
of any age dependent blind or physically disabled to such spouse six
hundred sixty-five dollars for each week until remarried and upon such
remarriage the lump sum of sixty-nine thousand one hundred sixty-four
dollars.
32. In the case of a death of a volunteer [fireman] FIREFIGHTER on or
after July first, nineteen hundred eighty-five, that results from
services performed in the line of duty, if there be a surviving spouse
S. 6542--A 133
and a surviving child or children of the deceased under the age of eigh-
teen years or under the age of twenty-five years who is enrolled as a
full time student in any accredited educational institution or a surviv-
ing child or children of any age dependent blind or physically disabled,
to such spouse three hundred sixty-six dollars for each week until
remarried, and the additional amount of three hundred dollars for each
week for such child or children, share and share alike, until the age of
eighteen years or under the age of twenty-five years who is enrolled as
a full time student in any accredited educational institution or until
the removal of the dependency of the blind or physically disabled child
or children. In the case of the death of such surviving spouse, the
surviving child or children of the deceased [fireman] FIREFIGHTER, at
the time under eighteen years of age or under the age of twenty-five
years who is enrolled as a full time student in any accredited educa-
tional institution or dependent through mental or physical infirmity,
shall have his or her benefit increased to six hundred sixty-five
dollars, for each week, share and share alike, and the same shall be
payable until he OR SHE or they shall reach the age of eighteen years or
twenty-five years as the case may be, or until such dependent blind or
physically disabled condition shall have been removed. Upon the remar-
riage of such surviving spouse prior to the statutory termination of
benefit to all such children, such spouse shall be paid the lump sum of
thirty-eight thousand forty dollars and the surviving child shall
continue to receive weekly payments of three hundred dollars; if there
be two surviving children, each shall receive two hundred fifty dollars
per week; and if there be more than two surviving children, they shall
receive six hundred sixty-five dollars per week, share and share alike;
and the same shall be payable until he OR SHE or they shall reach the
age of eighteen years or twenty-five years, as the case may be, or until
such dependent blind or physically disabled condition shall have been
removed. Upon statutory termination of payments to all such children,
the payments to the surviving spouse shall be increased to six hundred
sixty-five dollars for each week until such spouse remarries and upon
such remarriage such spouse shall be paid the lump sum of sixty-nine
thousand one hundred sixty-four dollars. In no event shall the total
amount payable for each week under this subdivision exceed six hundred
sixty-five dollars.
33. In the case of a death of a volunteer [fireman] FIREFIGHTER on or
after July first, nineteen hundred eighty-five, that results from
services performed in the line of duty, if there be surviving a child or
children of the deceased under the age of eighteen years or under the
age of twenty-five years who is enrolled as a full time student in any
accredited educational institution or a dependent child or physically
disabled child or children of any age, but no surviving spouse, for
support of such child or children until the age of eighteen years or
twenty-five years as the case may be, or until removal of the dependency
of such blind or physically disabled child or children, six hundred
sixty-five dollars share and share alike, for each week; provided that
the total amount payable for each week under this subdivision shall not
exceed six hundred sixty-five dollars per week.
34. In the case of a death of a volunteer [fireman] FIREFIGHTER on or
after July first, nineteen hundred eighty-five, that results from
services performed in the line of duty, if there be no surviving spouse
or child of the deceased under the age of eighteen years or under the
age of twenty-five years who is enrolled as a full time student in any
accredited educational institution, or dependent blind or physically
S. 6542--A 134
disabled child of the deceased of any age, then for the support of
grandchildren or brothers and sisters under the age of eighteen years or
under the age of twenty-five years who is enrolled as a full time
student in any accredited educational institution if dependent upon the
deceased at the time of the injury, two hundred fifty dollars for each
week for the support of each such person until the age of eighteen years
or twenty-five years as the case may be, and for the support of each
parent or grandparent of the deceased if dependent upon the deceased at
the time of the injury, four hundred dollars for each week during such
dependency but in no case shall the aggregate amount payable under this
subdivision exceed six hundred sixty-five dollars per week.
§ 268. Section 7-a of the volunteer firefighters' benefit law, as
added by chapter 268 of the laws of 1984, is amended to read as follows:
§ 7-a. Date of death benefits. All weekly benefits payable under
section seven of this article shall accrue as of the date of death of
the volunteer [fireman] FIREFIGHTER. In the event that a person or
persons entitled to weekly benefits shall die before a determination is
made on the merits of their claim, and such determination on the merits
is ultimately in their favor, then all weekly benefits due from the date
of death of the volunteer [fireman] FIREFIGHTER up to the date of death
of the person or persons entitled to such weekly benefits shall be paid
to the executor or administrator of the estate of such person or
persons.
§ 269. The opening subparagraph and subparagraph 4 of paragraph (g) of
subdivision 1 and subdivision 3 of section 10 of the volunteer fire-
fighters' benefit law, paragraph (g) of subdivision 1 as amended by
chapter 584 of the laws of 1974, are amended to read as follows:
In all other cases of permanent partial disability the volunteer
[fireman] FIREFIGHTER shall be paid for each week during the continuance
thereof, as follows:
4. If the percentage of loss of earning capacity is less than twenty-
five per centum, he OR SHE shall not be paid any weekly benefit. Perma-
nent partial disability, within the meaning of this paragraph, shall
exist only if the earning capacity of the volunteer [fireman] FIREFIGHT-
ER has been permanently and partially lost as the result of the injury.
The [workmen's] WORKERS' compensation board shall determine the degree
of such disability and such board may reconsider such degree on its own
motion or upon application of any party in interest.
3. An award for disability may be made after the death of the volun-
teer [fireman] FIREFIGHTER.
§ 270. The opening paragraph and subdivision 4 of section 11 of the
volunteer firefighters' benefit law, as amended by chapter 584 of the
laws of 1974, are amended to read as follows:
In the case of temporary partial disability the volunteer [fireman]
FIREFIGHTER shall be paid for each week during the continuance thereof,
as follows:
4. If the percentage of loss of earning capacity is less than twen-
ty-five per centum, he OR SHE shall not be paid any weekly benefit.
Temporary partial disability, within the meaning of this section, shall
exist only if the earning capacity of the volunteer [fireman] FIREFIGHT-
ER has been temporarily and partially lost as the result of the injury.
The [workmen's] WORKERS' compensation board shall determine the degree
of such disability and such board may reconsider such degree on its own
motion or upon application of any party in interest.
§ 271. Section 11-a of the volunteer firefighters' benefit law, as
added by chapter 591 of the laws of 1957, is amended to read as follows:
S. 6542--A 135
§ 11-a. Repair or replacement of prosthetic devices. If, as a result
of services performed in line of duty, a volunteer [fireman] FIREFIGHTER
damages or loses any prosthetic devices required to be worn or used by
him OR HER, whether or not he OR SHE is injured, such prosthetic device
shall be repaired, or replaced in the discretion of the [workmen's]
WORKERS' compensation board, and necessary medical, surgical or other
attendance or treatment, nurse and hospital service, in connection ther-
ewith shall be furnished, in the same manner as a prosthetic device
would be furnished, replaced or repaired and treatment and care provided
under the provisions of section sixteen of this chapter. Damage to or
loss of a prosthetic device shall be deemed an injury, except that no
disability benefits shall be payable with respect to such injury under
sections eight, nine, ten and eleven of this chapter. The term "pros-
thetic device" as used in this section includes an artificial limb,
artificial eye, eyeglasses, contact lens, hearing aid, denture or dental
appliance or any surgical appliance required to be worn or used by the
volunteer [fireman] FIREFIGHTER, but shall not include shoes or any
other article considered as ordinary wearing apparel, whether or not
specially constructed.
§ 272. Section 11-b of the volunteer firefighters' benefit law, as
added by chapter 337 of the laws of 1957, is amended to read as follows:
§ 11-b. Hazardous exposures. If, as a result of services performed in
line of duty, a volunteer [fireman] FIREFIGHTER is exposed to or comes
in contact with any poisons, gases, x-rays, radium, radio-active materi-
als or other potentially harmful substances or matter, the chief engi-
neer or other executive officer of the fire department or fire company
of which he OR SHE is a member may authorize the volunteer [fireman]
FIREFIGHTER to obtain such examinations, tests, treatment and care as
are immediately necessary to determine whether he OR SHE is injured. Any
such authorization may be granted prior to the giving of a notice of
injury under this chapter. In any such case, the volunteer [fireman]
FIREFIGHTER shall be deemed to have been injured and shall be entitled
to treatment and care and disability benefits as provided in this chap-
ter.
§ 273. Section 14 of the volunteer firefighters' benefit law is
amended to read as follows:
§ 14. Previous disability. The fact that a volunteer [fireman] FIRE-
FIGHTER has suffered previous disability or received benefits therefor
as provided in section two hundred five of the general municipal law,
the [workmen's] WORKERS' compensation law, or this chapter shall not
preclude him OR HER from benefits for a later injury nor preclude death
benefits for death resulting therefrom; provided, however, that a volun-
teer [fireman] FIREFIGHTER who is suffering from a previous disability
shall not receive benefits for a later injury in excess of the benefits
allowed for such injury when considered by itself and not in conjunction
with the previous disability. Notwithstanding the foregoing provisions
of this section, if a volunteer [fireman] FIREFIGHTER has previously
incurred permanent partial disability through the loss or loss of use of
one hand, one arm, one foot, one leg, or one eye, and suffers the loss
or loss of use of another such major member or eye, he OR SHE may be
adjudged permanently totally disabled and receive benefits for permanent
total disability as provided in section eight of this chapter.
§ 274. Section 15 of the volunteer firefighters' benefit law, as
amended by chapter 502 of the laws of 1959, is amended to read as
follows:
S. 6542--A 136
§ 15. Expense for rehabilitating injured volunteer [firemen] FIRE-
FIGHTERS. A volunteer [fireman] FIREFIGHTER, who as a result of injury
is or may be expected to be totally or partially incapacitated for a
remunerative occupation and who, under the direction of the state educa-
tion department is being rendered fit to engage in a remunerative occu-
pation, may receive such additional financial benefit necessary for his
OR HER rehabilitation as the [workmen's] WORKERS' compensation board
shall determine. Not more than thirty dollars per week of such addi-
tional amount shall be expended for maintenance. Such expense and such
of the administrative expenses of the state education department as are
properly assignable to the expenses of rehabilitating such volunteer
[firemen] FIREFIGHTERS shall be paid out of the vocational rehabili-
tation fund created pursuant to subdivision nine of section fifteen of
the [workmen's] WORKERS' compensation law. Any such volunteer [fireman]
FIREFIGHTER for the purposes of such fund shall be considered an employ-
ee of the political subdivision liable for the payment of benefits to
such volunteer [fireman] FIREFIGHTER under this chapter and such
"employer" or its insurance carrier, as the case may be, shall make the
same financial contribution to such fund as required by such subdivision
nine in every case of injury causing death of a volunteer [fireman]
FIREFIGHTER in which there are no persons entitled to financial benefits
under this chapter other than (1) funeral expenses and (2) the death
benefit provided in subdivision two of section seven of this chapter.
§ 275. Section 18 of the volunteer firefighters' benefit law is
amended to read as follows:
§ 18. Disposition of accrued benefits upon death. Except as otherwise
provided in section ten of this chapter, in the case of the death of an
injured volunteer [fireman] FIREFIGHTER to whom there was due at the
time of his OR HER death any benefits under the provisions of this chap-
ter, the amount of such benefits shall be payable to the surviving
spouse, if there be one, or, if none, to the surviving child or children
of the deceased under the age of eighteen years, and if there be no
surviving spouse or children, then to the dependents of such deceased or
to any of them as the [workmen's] WORKERS' compensation board may
direct, and if there be no surviving spouse, children or dependents of
such deceased, then to his OR HER estate. An award for disability may be
made after the death of an injured volunteer [fireman] FIREFIGHTER.
§ 276. Section 19 of the volunteer firefighters' benefit law, as
amended by chapter 751 of the laws of 1957, is amended to read as
follows:
§ 19. Exclusiveness of remedy. The benefits provided by this chapter
shall be the exclusive remedy of a volunteer [fireman] FIREFIGHTER, or
his OR HER spouse, parents, dependents, next of kin, executor or admin-
istrator, or anyone otherwise entitled to recover damages, at common law
or otherwise, for or on account of an injury to a volunteer [fireman]
FIREFIGHTER in line of duty or death resulting from an injury to a
volunteer [fireman] FIREFIGHTER in line of duty, as against (1) the
political subdivision liable for the payment of such benefits, (2) the
political subdivision regularly served by the fire company of which the
volunteer [fireman] FIREFIGHTER is a member, whether or not pursuant to
a contract for fire protection, even though any such political subdivi-
sion is not liable for the payment of such benefits in the circum-
stances, and (3) any person or agency acting under governmental or stat-
utory authority in furtherance of the duties or activities in relation
to which any such injury resulted; provided, however, that the benefits
provided by this chapter shall not be the exclusive remedy as against
S. 6542--A 137
persons who, in the furtherance of the same duties or activities, are
not similarly barred from recourse against the volunteer [fireman] FIRE-
FIGHTER, or his OR HER executor or administrator.
§ 277. Section 20 of the volunteer firefighters' benefit law is
amended to read as follows:
§ 20. Other remedies of volunteer [firemen] FIREFIGHTERS; subrogation.
The provisions of section twenty-nine of the [workmen's] WORKERS'
compensation law to the extent that such provisions are not inconsistent
with the provisions of this chapter, shall be applicable as fully as if
set forth in this chapter.
§ 278. Section 21 of the volunteer firefighters' benefit law, the
section heading as amended by chapter 322 of the laws of 1963, subdivi-
sions 1 and 3 as amended by chapter 270 of the laws of 1964, and subdi-
vision 2 as amended by chapter 1004 of the laws of 1963, is amended to
read as follows:
§ 21. Assistance to other states, the Dominion of Canada, property
ceded to the federal government and to Indian reservations. 1. Whenever
a fire company or fire department in this state shall answer a call to
furnish assistance to any political subdivision or territory of another
state of the United States or of the Dominion of Canada, or property
ceded to the federal government, the provisions of this chapter shall
apply with respect to the volunteer [firemen] FIREFIGHTERS of such fire
company or department, while such assistance is being rendered or while
going to or returning from the place from where the assistance is to be
or was rendered, to the same extent and in the same manner as if such
service had been rendered in or for the area regularly served by such
volunteer [firemen] FIREFIGHTERS; provided, however, that there shall be
deducted from any amounts payable under this chapter any amounts recov-
erable by or payable to any such volunteer [fireman] FIREFIGHTER under
the laws applicable in the political subdivision or territory for which
the call for assistance was made.
2. The provisions of this chapter shall apply with respect to volun-
teer [firemen] FIREFIGHTERS of fire departments and fire companies of
other states of the United States and of the Dominion of Canada who
render service in this state in answer to a call for assistance to the
territory regularly served by a fire department or fire company
described in subdivisions one to five, inclusive, of section thirty of
this chapter and, for the purposes of determining liability for benefits
under this chapter, any such volunteer [fireman] FIREFIGHTER shall be
considered as a volunteer member of the fire department or fire company
of the territory for which service has been rendered in this state
pursuant to a call for assistance; provided that the laws of the state
served by such volunteer [firemen] FIREFIGHTERS, fire departments or
fire companies, or of the Dominion of Canada, as the case may be,
contain provisions under which benefits are granted in relation to
volunteer [firemen] FIREFIGHTERS of this state who are killed or injured
when rendering service in such other states, or the Dominion of Canada,
as the case may be, in answer to a call for assistance; provided, howev-
er, that there shall be deducted from any amounts payable under the
provisions of this chapter to a volunteer [fireman] FIREFIGHTER of such
other states or of the Dominion of Canada, any amounts recoverable by or
payable to such volunteer [fireman] FIREFIGHTER under the laws of the
state served by such volunteer [fireman] FIREFIGHTER or of the Dominion
of Canada, as the case may be.
3. Whenever a fire company or fire department in this state shall
answer a call for assistance to be rendered to any part of an Indian
S. 6542--A 138
reservation the provisions of this chapter shall apply with respect to
the volunteer [firemen] FIREFIGHTERS of such fire company or department,
while such assistance is being rendered or while going to or returning
from the place from where the assistance is to be or was rendered, to
the same extent and in the same manner as if such service had been
rendered in or for the area regularly served by such volunteer [firemen]
FIREFIGHTERS.
§ 279. Section 23 of the volunteer firefighters' benefit law is
amended to read as follows:
§ 23. Assignments, exemptions. Benefits payable under this article
shall not be assigned, released or commuted, except as provided by this
chapter, and shall be exempt from all claims of creditors and from levy,
execution and attachment or other remedy for recovery or collection of a
debt, which exemption may not be waived. Such benefits shall be paid
only to volunteer [firemen] FIREFIGHTERS or their dependents except as
otherwise provided in this chapter.
§ 280. The opening paragraph and subdivisions 1, 2, 3, 4, 5, 6 and 6-a
of section 30 of the volunteer firefighters' benefit law, the opening
paragraph as amended by chapter 1004 of the laws of 1963, subdivision 6
as amended by chapter 123 of the laws of 1958, the third undesignated
paragraph of subdivision 6 as amended by chapter 520 of the laws of
1964, the seventh undesignated paragraph of subdivision 6 as added by
chapter 368 of the laws of 1958, the eighth undesignated paragraph of
subdivision 6 as amended by chapter 694 of the laws of 1959, the ninth
undesignated paragraph of subdivision 6 and the closing paragraph of
subdivision 6-a as added by chapter 1004 of the laws of 1963, and subdi-
vision 6-a as added by chapter 849 of the laws of 1957, are amended to
read as follows:
Except as otherwise provided in article five of the [workmen's] WORK-
ERS' compensation law, in section two hundred nine-i of the general
municipal law and in section twenty-one of this chapter:
1. If at the time of injury the volunteer [fireman] FIREFIGHTER was a
member of a fire company of a county, city, town, village or fire
district fire department, any benefit under this chapter shall be a
county, city, town, village or fire district charge, as the case may be,
and any claim therefor shall be audited in the same manner as other
claims against the county, city, town, village or fire district and the
amount thereof shall be raised and paid in the same manner as other
county, city, town, village or fire district charges.
2. If at the time of injury the volunteer [fireman] FIREFIGHTER was a
member of a fire company incorporated under the membership corporations
law, or any other law, and located in a city, village, or fire district,
protected under a contract by the fire department or fire company of
which the volunteer [fireman] FIREFIGHTER was a member, any benefit
under this chapter shall be a city, village or fire district charge, as
the case may be, and any claim therefor shall be audited in the same
manner as other claims against the city, village or fire district and
the amount thereof shall be raised and paid in the same manner as other
city, village or fire district charges.
3. If at the time of injury the volunteer [fireman] FIREFIGHTER was a
member of a fire company incorporated under the membership corporations
law, or any other law, and located in a fire protection district, or
fire alarm district, protected under a contract by such fire company,
any benefit under this chapter shall be a town charge and any claim
therefor shall be audited and paid in the same manner as town charges
and the amount thereof shall be raised upon the property liable to taxa-
S. 6542--A 139
tion in the fire protection district or fire alarm district in the same
manner as town charges therein are raised.
4. If at the time of injury the volunteer [fireman] FIREFIGHTER was a
member of a fire company incorporated under the membership corporations
law, or any other law, and located outside of a city, village, fire
district, fire protection district or fire alarm district, any benefit
under this chapter shall be a town charge and any claim therefor shall
be audited and paid in the same manner as town charges and the amount
thereof raised upon the property liable to taxation in such outside
territory protected by such fire company in the same manner as town
charges therein are raised.
5. If at the time of injury the volunteer [fireman] FIREFIGHTER was a
member of a fire company or fire department operating in, or maintained
jointly by two or more villages, or two or more towns, or two or more
fire districts, any benefit under this chapter shall be a charge against
such villages, towns or fire districts, in the proportion that the full
valuation of taxable real estate in each bears to the aggregate full
valuation of the taxable real estate of all such villages, towns or fire
districts and the amount thereof shall be audited, raised and paid in
the same manner as other village, town or fire district charges. Full
valuation shall be determined by dividing the assessed valuations of
taxable real estate of each such village, town or fire district as shown
by the latest completed assessment roll of the village, town or fire
district by the equalization rate established by the authorized state
agency or officer for such roll; provided, however, in a county having a
county department of assessment the full valuation in towns and fire
districts shall be determined by applying the state equalization rate
established for the town, or the town in which the fire district is
located, to the appropriate portion of the last completed county roll.
6. The provisions of subdivisions one to five, inclusive, of this
section shall not apply if the injury results from services performed
when assistance is being rendered to:
a. Another city, town which has a town fire department, village or
fire district, including one protected under a contract by the fire
department or fire company of which the volunteer [fireman] FIREFIGHTER
is a member,
b. A fire protection district or fire alarm district, including one
protected under a contract by the fire department or fire company of
which the volunteer [fireman] FIREFIGHTER is a member,
c. The area of a town protected by a fire company incorporated under
the membership corporations law, or any other law, and located outside
of a city, village, fire district, fire protection district, or fire
alarm district,
d. The unorganized area of a town (outside of a city, village, fire
district, fire protection district, fire alarm district, and also
outside the area protected by a fire company incorporated under the
membership corporations law, or any other law, and located outside of a
city, village, fire district, fire protection district or fire alarm
district),
e. The joint area protected by a fire company or fire department oper-
ating in, or maintained jointly by two or more villages, or two or more
towns, or two or more fire districts,
f. A fire department of a county which has a fire department, or
g. A county which has requested fire aid pursuant to section two
hundred nine-e of the general municipal law,
S. 6542--A 140
pursuant to a call to furnish assistance to any such municipal corpo-
ration, district or area in cases of fire or other emergencies, or for
other authorized purposes, or while going to or returning from the place
where the assistance is to be or was rendered, or if death shall result
from the effects of any such injury, and in any such case any such bene-
fit shall be a charge against such aided municipal corporation, district
or area and after audit shall be paid and the amount thereof shall be
raised upon the property liable to taxation in such municipal corpo-
ration, district or area, in the same manner as other charges against
the same are raised, except that in the cases described at paragraphs b,
c and d of this subdivision, the town in which the district or area is
located shall be primarily liable for such payment. If there is no prop-
erty liable to taxation in any area described in paragraph d, the bene-
fit shall be a town charge and any claim therefor shall be audited and
paid in the same manner as town charges and the amount thereof shall be
raised upon the taxable real property in the town in the same manner as
town charges therein are raised.
In the case of a false call for assistance, any such benefit shall be
audited, raised and paid in the manner provided in subdivisions one to
five, inclusive, of this section, as the case may be.
The term "assistance", as used in this section, includes the services
of firefighting forces, fire police squads, emergency rescue and first
aid squads rendered in case of a fire or other emergency, including
stand-by service, to aid (1) a fire department, fire company, or any
unit thereof, other than that of which the volunteer [fireman] FIRE-
FIGHTER is a member and (2) owners or occupants of property, and other
persons, whether or not such owners, occupants or persons are receiving
fire or other emergency service from a fire department, fire company, or
any unit thereof, other than that of which the volunteer [fireman] FIRE-
FIGHTER is a member.
Except as otherwise provided by law in the case of natural disaster
emergencies, a call to furnish assistance may be made by any person
aware of the peril involved and the need for assistance or pursuant to
any legally authorized or recognized plan for the furnishing of mutual
aid in cases of fire or other emergency. The call need not originate in
the municipal corporation, district or area ultimately liable for bene-
fits under this section and may be relayed through one or more persons
or mediums of communication.
The provisions of this subdivision [six] shall not apply if the injury
results from services performed by the volunteer [fireman] FIREFIGHTER
in a natural disaster emergency and he OR SHE was serving as part of the
civil defense forces activated [pursuant to section six hundred fifty-
six-a of the county law, section two hundred nine-n of the general
municipal law, section two hundred nine-o of the general municipal law
as added by chapter six hundred thirty-one of the laws of nineteen
hundred fifty-seven, or section ten of the executive law], and when
assistance is being so rendered the benefits to be paid and provided
under this chapter shall be paid and provided by the political subdivi-
sions which would be liable under subdivisions one to five, inclusive,
of this section.
If death or injury results from the performance of duty by a volunteer
[fireman] FIREFIGHTER serving as fire chief while inspecting a public or
private school pursuant to paragraph c of subdivision seven of section
eight hundred seven-a of the education law for fire prevention and
protection purposes in a fire district, fire protection district or fire
alarm district furnished fire protection pursuant to a contract by his
S. 6542--A 141
OR HER fire department or fire company, or from necessary travel direct-
ly connected with any such duty, then the benefits to be paid and
provided under this chapter shall be a charge against such fire
district, fire protection district or fire alarm district so protected
pursuant to contract and after audit shall be paid and the amount there-
of shall be raised upon the property liable to taxation in any such
district in the same manner as other charges against the same are
raised, except that in the case of a fire protection district or fire
alarm district, the town in which the district is located shall be
primarily liable for such payment.
If death or injury results from the performance of duty under subdivi-
sion four of section three hundred three of the multiple residence law,
or from necessary travel directly connected with any such assignment,
and the building or property inspected or to be inspected is not located
in the area regularly served and protected by the fire department or
fire company of which the volunteer [fireman] FIREFIGHTER is a member,
but is located in a city, town which has a fire department, village,
fire district, fire protection district or fire alarm district served
and protected pursuant to a contract for fire protection by the fire
department or fire company of which the volunteer [fireman] FIREFIGHTER
is a member, then the benefits to be paid and provided under this chap-
ter shall be a charge against such political subdivision, fire
protection district or fire alarm district so protected pursuant to
contract and after audit shall be paid and the amount thereof shall be
raised upon the property liable to taxation in such political subdivi-
sion or district in the same manner as other charges against the same
are raised, except that in the case of a fire protection district or
fire alarm district, the town in which the district is located shall be
primarily liable for such payment.
If death or injury results from the performance of duty by a volunteer
[fireman] FIREFIGHTER while inspecting buildings for fire hazards in a
city, village, fire district, fire protection district or fire alarm
district furnished fire protection pursuant to a contract by his OR HER
fire department or fire company, or from necessary travel directly
connected with any such duty, then the benefits to be paid and provided
under this chapter shall be a charge against such city, village, fire
district, fire protection district or fire alarm district so protected
pursuant to contract and after audit shall be paid and the amount there-
of shall be raised upon the property liable to taxation in any such
city, village or district in the same manner as other charges against
the same are raised, except that in the case of a fire protection
district or fire alarm district, the town in which the district is
located shall be primarily liable for such payment. This paragraph shall
not be applicable in any city, however, unless a city charter or other
law under which the city operates, or a local law adopted by the city,
authorizes such an inspection in areas of the city receiving fire
protection pursuant to a contract. The term "building," as used in this
paragraph, does not include a multiple dwelling which may be inspected
by such fire department or company under and pursuant to the provisions
of subdivision four of section three hundred three of the multiple resi-
dence law.
The foregoing provisions of this subdivision [six] shall apply only in
cases where volunteer [firemen] FIREFIGHTERS are injured in line of duty
prior to the first day of March, nineteen hundred sixty-four; and in
death cases where death results from injuries sustained prior to such
date. Where volunteer [firemen] FIREFIGHTERS are injured in line of duty
S. 6542--A 142
on or after the first day of March, nineteen hundred sixty-four, and in
death cases where death results from injuries sustained on or after such
date, the liability for benefits under this chapter shall be determined
pursuant to subdivisions one to five, inclusive, of this section, except
as otherwise provided in article five of the [workmen's] WORKERS'
compensation law, section two hundred nine-i of the general municipal
law and in section twenty-one of this chapter.
6-a. The provisions of subdivisions one to six, inclusive, of this
section shall not apply if the injury results from services performed
when general ambulance service is furnished under a fire protection
contract pursuant to section two hundred nine-b of the general municipal
law for (1) another city, village or fire district, protected under a
contract by the fire department or fire company of which the volunteer
[fireman] FIREFIGHTER is a member or (2) a fire protection district or
fire alarm district, protected under a contract by the fire department
or fire company of which the volunteer [fireman] FIREFIGHTER is a
member, pursuant to a call to furnish such service in any such municipal
corporation or district, or while going to or returning from the place
where the service is to be or was furnished, or if death shall result
from the effects of any such injury, and in any such case any such bene-
fit shall be a charge against such municipal corporation or district and
after audit shall be paid and the amount thereof shall be raised upon
the property liable to taxation in such municipal corporation or
district, in the same manner as other charges against the same are
raised, except that in the case of a fire protection district or fire
alarm district the town in which the district is located shall be prima-
rily liable for such payment.
The foregoing provisions of this subdivision [six-a] shall apply only
in cases where volunteer [firemen] FIREFIGHTERS are injured in line of
such general ambulance service duty prior to the first day of March,
nineteen hundred sixty-four, and in death cases where death results from
injuries sustained prior to such date. Where volunteer [firemen] FIRE-
FIGHTERS are injured in line of such general ambulance service duty on
or after the first day of March, nineteen hundred sixty-four, and in
death cases where death results from injuries sustained on or after such
date, the liability for benefits under this chapter shall be determined
pursuant to subdivisions one to five, inclusive, of this section, except
as otherwise provided in article five of the [workmen's] WORKERS'
compensation law, section two hundred nine-i of the general municipal
law and section twenty-one of this chapter.
§ 281. The closing paragraph of section 31 of the volunteer firefight-
ers' benefit law, as added by chapter 368 of the laws of 1961, is
amended to read as follows:
A contract of insurance indemnifying against the liability imposed by
this chapter issued by an insurance carrier to a county or a town and in
force on or after the first day of July, nineteen hundred sixty-one,
shall contain a provision reading as follows: "This contract does not
provide (1) any coverage under the [Workmen's] WORKERS' Compensation Law
or the Volunteer [Firemen's] FIREFIGHTERS' Benefit Law for which any
fire district would be liable under such laws, (2) any [workmen's] WORK-
ERS' compensation benefits for fire district officers and employees for
which any fire district would be liable under the [Workmen's] WORKERS'
Compensation Law, or (3) any volunteer [firemen's] FIREFIGHTERS' bene-
fits for any volunteer [firemen] FIREFIGHTERS for which any fire
district would be liable under the Volunteer [Firemen's] FIREFIGHTERS'
Benefit Law. The foregoing provision does not apply in relation to
S. 6542--A 143
volunteer [firemen's] FIREFIGHTERS' benefit coverage and volunteer
[firemen's] FIREFIGHTERS' benefits provided for and in relation to the
following named fire districts which have expressly requested coverage
under this contract pursuant to the provisions of section thirty-two of
the Volunteer [Firemen's] FIREFIGHTERS' Benefit Law, to wit: (If there
are no exceptions, enter 'No exceptions'). The term 'fire districts', as
used in this provision, does not include the fire protection districts
and fire alarm districts mentioned in sections one hundred eighty-three
and one hundred eighty-four of the Town Law."
§ 282. Subdivision 1 of section 32 of the volunteer firefighters'
benefit law, as amended by chapter 121 of the laws of 1968, is amended
to read as follows:
1. Notwithstanding any provision of section thirty of this chapter,
any town may contract for a single policy of insurance indemnifying (1)
all fire protection districts and fire alarm districts wholly within
such town which are liable for the payment of benefits under this chap-
ter, (2) all territory within such town outside cities, villages, fire
districts, fire protection districts and fire alarm districts which is
liable for the payment of benefits under this chapter, and (3) the town
in relation to such fire protection districts, fire alarm districts and
outside territory, against liability imposed by this chapter. If a town
has any such liability and contracts for such a single policy, then and
in that event only any such policy, if requested by the board of trus-
tees of any village wholly within the town, or by the board of fire
commissioners of any fire district wholly within the town, shall also
indemnify such village or fire district against such liability. The cost
of such insurance shall be a town charge and shall be levied and
collected in the same manner as other town charges only in the territory
of such town which is liable for the payment of benefits under this
chapter and which is outside of any village and fire districts not
covered by such a policy. Nothing in this section contained shall impose
any additional liability on any town for any benefit payments in
relation to volunteer [firemen] FIREFIGHTERS.
§ 283. Section 40 of the volunteer firefighters' benefit law, as
amended by chapter 544 of the laws of 1957, is amended to read as
follows:
§ 40. Notice of injury or death. Notice of an injury or death for
which benefits are to be paid or provided under this chapter shall be
given to the political subdivision liable for the payment thereof within
ninety days after such injury or death except that such notice need not
be given if a claim is filed pursuant to section forty-one of this chap-
ter within ninety days after such injury or death. Either such notice
may be given by any person claiming to be entitled to such benefits or
by someone in his OR HER behalf. The notice shall be in writing, shall
contain the name and address of the volunteer [fireman] FIREFIGHTER, and
state in ordinary language the time, place, nature and cause of the
injury and shall be signed by him OR HER or by a person on his OR HER
behalf or, in case of death, by any one or more of his OR HER depen-
dents, or by a person on their behalf. The notice shall be given to the
clerk of the board of supervisors of the county, the comptroller or
chief financial officer of the city, the town clerk of the town, the
clerk of the village or the secretary of the fire district, as the case
may be, by delivering it to such officer or by registered letter proper-
ly addressed to such officer. The failure to give notice of injury or
notice of death shall be a bar to any claim under this chapter unless
such failure is excused by the [workmen's] WORKERS' compensation board
S. 6542--A 144
on any of the following grounds, (1) that for some sufficient reason the
notice could not have been given, (2) that a member of a body in charge
of, or any officer of, the fire department or fire company had knowledge
within such ninety-day period of the injuries or death, (3) that the
political subdivision, or its insurance carrier had not been prejudiced
by a delay in giving such notice, or (4) that the cause of disablement
or death was not known to be the result of service performed in line of
duty as a volunteer [fireman] FIREFIGHTER in sufficient time to comply
with the provisions of this section.
§ 284. Section 41 of the volunteer firefighters' benefit law, as
amended by chapter 936 of the laws of 1958, is amended to read as
follows:
§ 41. Claim for benefits. The right to claim benefits under this chap-
ter shall be barred, except as hereinafter provided, unless within two
years after the injury, or, if death results therefrom, within two years
after such death, a claim for the benefits under this chapter shall be
filed with the [chairman] CHAIRPERSON of the [workmen's] WORKERS'
compensation board and a copy of such claim shall be filed with the same
officer to whom a notice of injury must be given under section forty of
this chapter. The right of a volunteer [fireman] FIREFIGHTER or his OR
HER dependents to claim benefits under this chapter for disablement or
death, as the case may be, caused by disease shall not be barred by the
failure of the volunteer [fireman] FIREFIGHTER or his OR HER dependents
to file a claim within either such period of two years, provided such
claim shall be filed after either such period of two years and within
ninety days after disablement or ninety days after knowledge that the
disease is or was due to service as a volunteer [fireman] FIREFIGHTER,
whichever is the later date. The claim shall be in substantially the
same form and shall give substantially the same information as is
required to be given in a claim under the provisions of section twenty-
eight of the [workmen's] WORKERS' compensation law. Notwithstanding the
provisions of any other law, any such claim need not be sworn to, veri-
fied or acknowledged. No case in which an advance payment is made to a
volunteer [fireman] FIREFIGHTER or to his OR HER dependents in case of
death shall be barred by the failure of the volunteer [fireman] FIRE-
FIGHTER or his OR HER dependents to file a claim, and the [workmen's]
WORKERS' compensation board may at any time order a hearing on any such
case in the same manner as though a claim for benefits had been filed.
The date of injury caused by disease shall be the date of contracture
of such disease as determined by the [workmen's] WORKERS' compensation
board on the hearing of the claim and the responsibility of the poli-
tical subdivision liable for the payment of benefits and its insurance
carrier shall be fixed by the date of injury as so determined.
§ 285. Subdivisions 3 and 4 of section 44 of the volunteer firefight-
ers' benefit law, as amended by chapter 751 of the laws of 1957, are
amended to read as follows:
3. That the injury was not occasioned by the wilful intention of the
injured volunteer [fireman] FIREFIGHTER to bring about the injury or
death of himself OR HERSELF or another;
4. That the injury did not result solely from the intoxication of the
injured volunteer [fireman] FIREFIGHTER while acting in line of duty;
§ 286. Section 50 of the volunteer firefighters' benefit law is
amended to read as follows:
§ 50. Payments pending controversies. In order that the benefits to be
paid and provided under this chapter shall be paid promptly where such
benefits are conceded to be due to any person because of the death of or
S. 6542--A 145
injuries to a volunteer [fireman] FIREFIGHTER, but controversy exists as
to which political subdivision is liable for the payment thereof, the
municipal corporations and fire districts involved in such controversy
and their insurance carriers, if any, may agree that any one or more of
such municipal [corpoations] CORPORATIONS or fire districts or its
insurance carrier shall pay or provide the benefits to, or in relation
to, the person conceded to be entitled to such benefits without waiting
for a final determination of the controversy, and may carry out the
provisions of such an agreement. Notwithstanding any such payment, any
party to the agreement may seek a final determination of the controversy
in the same manner as if such benefits had not been paid or provided and
any such payment or provision of benefits shall not prejudice any rights
of the political subdivision or its insurance carrier paying or provid-
ing the same, nor be taken as an admission against interest. After a
final determination the parties to the agreement shall make any neces-
sary and proper reimbursement to conform to the determination.
§ 287. Section 56 of the volunteer firefighters' benefit law is
amended to read as follows:
§ 56. Non-duplication of benefits. If benefits are required to be paid
under this chapter in the event of injury to or death of a volunteer
[fireman] FIREFIGHTER, the volunteer [fireman] FIREFIGHTER or other
persons entitled to such benefits shall not receive [workmen's] WORKERS'
compensation under the provisions of the [workmen's] WORKERS' compen-
sation law in relation to such injury or death.
§ 288. Subdivision 1 of section 61 of the volunteer firefighters'
benefit law, as added by chapter 668 of the laws of 1977, is amended to
read as follows:
1. A claim for benefits for the death or disability of a volunteer
[fireman] FIREFIGHTER due to disease or malfunction of the heart or of
one or more coronary arteries filed in accordance with section forty-one
of this chapter, shall not be denied provided the claimant introduces
evidence which establishes that a volunteer [fireman] FIREFIGHTER
suffered disease or malfunction of the heart or of one or more coronary
arteries which caused the disablement or death of the volunteer [fire-
man] FIREFIGHTER, and that such disease or malfunction resulted from the
duties and activities in which the volunteer [fireman] FIREFIGHTER was
engaged as set forth in section five of this chapter for which benefits
shall be paid, unless it can be shown by substantial evidence to the
contrary that the duties and activities of the volunteer [fireman] FIRE-
FIGHTER in which the volunteer [fireman] FIREFIGHTER was engaged at the
time of such disease or malfunction did not cause or precipitate such
disease or malfunction; and further provided that the injury did not
result solely from the intoxication of the volunteer [fireman] FIRE-
FIGHTER while acting in line of duty or was not occasioned by the wilful
intention of the volunteer [fireman] FIREFIGHTER to bring about the
injury or death of himself OR HERSELF or another.
§ 289. Section 70 of the volunteer firefighters' benefit law, as
amended by chapter 751 of the laws of 1957, is amended to read as
follows:
§ 70. References to [workmen's] WORKERS' compensation law. Where the
provisions of any section or part of any section of the [workmen's]
WORKERS' compensation law are made applicable to this chapter and are
incorporated herein by reference, the following terms used in such
provisions of the [workmen's] WORKERS' compensation law shall have the
following meanings when read in connection with this chapter:
1. "Accident" means "injury" as defined in this chapter.
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2. "Dependent husband" means the "surviving spouse" of a [female fire-
man] FIREFIGHTER, as defined in this chapter.
3. "Employee" means a volunteer [fireman] FIREFIGHTER who has been or
might be injured in line of duty or who dies or might die from the
effects of such an injury.
4. "Employment" means service of a volunteer [fireman] FIREFIGHTER in
line of duty.
5. "Employer" means the political subdivision liable for payment of
financial benefits pursuant to this chapter.
6. "Injury" means "injury" as defined in this chapter.
7. "Injured workman" means injured volunteer [fireman] FIREFIGHTER.
8. "Insurance carrier" means "insurance carrier" as defined in this
chapter.
9. "Same employ" means the same fire department or fire company, or in
the same service for a political subdivision, or district or area there-
of, pursuant to a call for assistance.
10. "[Workmen's] WORKERS' compensation" means the benefits payable to
a volunteer [fireman] FIREFIGHTER or his OR HER dependents pursuant to
this chapter, including medical treatment and care, except when a
different meaning obviously is intended.
Where any such section is so made applicable and is so incorporated, and
there is a reference therein to another section or provision of the
[workmen's] WORKERS' compensation law which also has been made applica-
ble to this chapter, such reference shall be deemed to include the
applicable section or provision of this chapter if such inclusion is
consistent with the provisions of this chapter.
§ 290. Elimintation of the terms "fireman" and "policeman". (a) When-
ever the term "fireman" or any equivalent expression thereof is used in
any provision of law, such term shall be deemed to mean and refer to a
"firefighter".
(b) Whenever the term "policeman" or any equivalent expression thereof
is used in any provision of law, such term shall be deemed to mean and
refer to a "police officer".
§ 291. Subsequent acts of the legislature. Any provision of any act of
the legislature enacted in the calendar year in which this act is
enacted, which contains a reference to:
(a) a fireman or an equivalent expression thereof shall be deemed to
mean or refer to a firefighter as the context requires pursuant to the
provisions of this act; and
(b) a policeman or an equivalent expression thereof shall be deemed to
mean or refer to a police officer as the context requires pursuant to
the provisions of this act.
§ 292. This act shall take effect immediately, provided, however,
that:
a. the amendments to section 30 of the workers' compensation law made
by section twelve of this act shall be subject to the expiration and
reversion of such section pursuant to section 7 of chapter 628 of the
laws of 1991, as amended, when upon such date the provisions of section
thirteen of this act shall take effect;
b. the amendments to subdivisions 1, 4 and 6 of section 207-c of the
general municipal law made by section fifty-five of this act shall be
subject to the expiration and reversion of such subdivisions pursuant to
section 7 of chapter 628 of the laws of 1991, as amended, when upon such
date the provisions of section fifty-six of this act shall take effect;
c. the amendments to paragraph 1 of subdivision c of section 340 of
the retirement and social security law made by section one hundred
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eighty-one of this act shall be subject to the expiration and reversion
of such paragraph pursuant to section 7 of chapter 628 of the laws of
1991, as amended, when upon such date the provisions of section one
hundred eighty-two of this act shall take effect; and
d. the amendments to subdivision 1 of section 61 of the volunteer
firefighters' benefit law made by section two hundred eighty-eight of
this act shall not affect the repeal of such section and shall be deemed
to repeal therewith.
