S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10498
 
                           I N  A S S E M B L Y
 
                              April 30, 2018
                                ___________
 
 Introduced  by M. of A. PHEFFER AMATO, ABBATE, BRINDISI -- read once and
   referred to the Committee on Governmental Employees
 
 AN ACT to amend the general municipal law and the administrative code of
   the city of New York, in relation  to  sick  leave  for  officers  and
   employees with a qualifying World Trade Center condition; to amend the
   civil service law, in relation to the review of certain claims; and to
   amend  chapter  273 of the laws of 2017 amending the general municipal
   law relating to granting sick leave for officers and employees with  a
   qualifying World Trade Center condition, in relation to the reimburse-
   ment of any public authority or municipal corporation in a city with a
   population  of  less  than  one million people for the cost of certain
   line of duty sick leave
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  92-d  of  the general municipal law, as added by
 chapter 273 of the laws of 2017, is amended to read as follows:
   § 92-d. Sick leave for officers and employees with a qualifying  World
 Trade  Center  condition.  Notwithstanding  any other law, rule or regu-
 lation to the contrary, officers and employees of the  state,  a  public
 authority  or  any  municipal corporation outside of a city with a popu-
 lation of one million or more who [filed  a]  HAVE  FILED  AND  RECEIVED
 APPROVAL  FOR  SUCH  FILED notice of participation in World Trade Center
 rescue, recovery or cleanup operations and subsequently develop a quali-
 fying World Trade Center condition, as defined in  section  two  of  the
 retirement  and  social  security  law,[while  employed  by the state, a
 public authority or such  municipal  corporation  or  public  authority]
 shall,  AFTER  THE  RECEIPT  OF  A WRITTEN REQUEST FOR LINE OF DUTY SICK
 LEAVE, be granted line of duty sick leave commencing on  the  date  that
 such  employee was diagnosed with a qualifying World Trade Center condi-
 tion regardless of whether such officer or employee was employed by  his
 or  her  current  employer  at  the  time  that such officer or employee
 participated in World Trade Center rescue,  recovery  or  cleanup  oper-
 ations.    The  officer  or  employee shall be compensated at his or her
 regular rate of pay for those regular work hours during which the  offi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13574-10-8

 A. 10498                            2
 
 cer  or  employee is absent from work DUE TO HIS OR HER QUALIFYING WORLD
 TRADE CENTER CONDITION. Such leave shall be provided without loss of  an
 officer or employee's accrued sick leave.  NOTHING IN THIS SECTION SHALL
 LIMIT  AN  EMPLOYER'S  POWER  PURSUANT  TO ANY OTHER PROVISION OF LAW TO
 DISCIPLINE AN OFFICER OR EMPLOYEE BY TERMINATION, REDUCTION  OF  SALARY,
 OR  ANY OTHER APPROPRIATE MEASURE; TO TERMINATE AN APPOINTEE WHO HAS NOT
 COMPLETED HIS OR HER PROBATIONARY TERM; AND TO  APPLY  FOR  ORDINARY  OR
 ACCIDENT DISABILITY RETIREMENT FOR AN OFFICER OR EMPLOYEE.
   §  2.  The  opening paragraph of section 92-d of the general municipal
 law is designated subdivision 1 and seven new subdivisions 2, 3,  4,  5,
 6, 7 and 8 are added to read as follows:
   2.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
 OFFICERS AND EMPLOYEES OF A CITY WITH A POPULATION  OF  ONE  MILLION  OR
 MORE  WHO  (I) DO NOT RECEIVE BENEFITS SIMILAR TO THOSE PROVIDED BY THIS
 SECTION PURSUANT TO A COLLECTIVELY BARGAINED AGREEMENT, SECTION 14-122.1
 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, SECTION 15-108.1  OF
 THE  ADMINISTRATIVE  CODE  OF  THE  CITY OF NEW YORK, OR OTHER STATUTORY
 PROVISION AND (II) HAVE FILED  AND  RECEIVED  APPROVAL  FOR  SUCH  FILED
 NOTICE OF PARTICIPATION IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEAN-
 UP  OPERATIONS  AND SUBSEQUENTLY DEVELOP A QUALIFYING WORLD TRADE CENTER
 CONDITION, AS DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL  SECU-
 RITY  LAW,  SHALL,  AFTER  RECEIPT OF A WRITTEN REQUEST FOR LINE OF DUTY
 SICK LEAVE, BE GRANTED LINE OF DUTY SICK LEAVE COMMENCING  ON  THE  DATE
 THAT  SUCH  EMPLOYEE  WAS DIAGNOSED WITH A QUALIFYING WORLD TRADE CENTER
 CONDITION REGARDLESS OF WHETHER SUCH OFFICER OR EMPLOYEE WAS EMPLOYED BY
 HIS OR HER CURRENT EMPLOYER AT THE TIME THAT SUCH  OFFICER  OR  EMPLOYEE
 PARTICIPATED  IN  WORLD  TRADE  CENTER RESCUE, RECOVERY OR CLEANUP OPER-
 ATIONS. THE OFFICER OR EMPLOYEE SHALL BE COMPENSATED AT HIS OR HER REGU-
 LAR RATE OF PAY FOR THOSE REGULAR WORK HOURS DURING WHICH THE OFFICER OR
 EMPLOYEE IS ABSENT FROM WORK DUE TO HIS OR HER  QUALIFYING  WORLD  TRADE
 CENTER  CONDITION. SUCH LEAVE SHALL BE PROVIDED WITHOUT LOSS OF AN OFFI-
 CER OR EMPLOYEE'S ACCRUED SICK LEAVE.  NOTHING  IN  THIS  SECTION  SHALL
 LIMIT AN EMPLOYER'S POWER PURSUANT TO ANOTHER PROVISION OF LAW TO DISCI-
 PLINE AN OFFICER OR EMPLOYEE BY TERMINATION, REDUCTION OF SALARY, OR ANY
 OTHER  APPROPRIATE  MEASURE;  TO  TERMINATE  AN  APPOINTEE  WHO  HAS NOT
 COMPLETED HIS OR HER PROBATIONARY TERM; AND TO  APPLY  FOR  ORDINARY  OR
 ACCIDENT DISABILITY RETIREMENT FOR AN OFFICER OR EMPLOYEE.
   3.  FOR PURPOSES OF THIS SECTION, "COST" SHALL MEAN THE NUMBER OF DAYS
 OF SICK LEAVE THAT MUST BE RESTORED TO AN OFFICER OR  EMPLOYEE  PURSUANT
 TO  SUBDIVISION ONE OR TWO OF THIS SECTION MULTIPLIED BY SUCH OFFICER OR
 EMPLOYEE'S WAGE RATE  AT  THE  TIME  THAT  SUCH  SICK  LEAVE  FOR  WHICH
 REIMBURSEMENT IS BEING SOUGHT WAS TAKEN.
   4.  A  REQUEST,  FOR  LINE  OF DUTY SICK LEAVE SHALL BE IN WRITING AND
 INCLUDE A WAIVER OF THE PROTECTION AFFORDED TO THE OFFICER  OR  EMPLOYEE
 PURSUANT  TO  THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT TO
 ALLOW DISCLOSURE OF THE OFFICER OR EMPLOYEE'S APPROVED NOTICE OF PARTIC-
 IPATION AND ANY MEDICAL RECORDS CONCERNING SUCH  OFFICER  OR  EMPLOYEE'S
 NOTICE  OF  PARTICIPATION  OR QUALIFYING WORLD TRADE CENTER CONDITION IN
 THE POSSESSION OF THE RETIREMENT SYSTEM IN WHICH SUCH OFFICER OR EMPLOY-
 EE IS A MEMBER FOR THE PURPOSE OF REVIEWING, PROCESSING AND AUDITING HIS
 OR HER CLAIM FOR LINE OF DUTY SICK LEAVE.  SUCH WAIVER SHALL BE  IN  THE
 FORM  REQUIRED  BY THE RETIREMENT SYSTEM OF WHICH HE OR SHE IS A MEMBER,
 ALONG WITH THE APPLICATION FOR LINE OF DUTY SICK LEAVE, WITH HIS OR  HER
 EMPLOYER.
   5.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, UPON REQUEST
 FROM  THE  STATE, PUBLIC AUTHORITY OR MUNICIPAL CORPORATION OUTSIDE OF A

 A. 10498                            3
 
 CITY WITH A POPULATION OF ONE MILLION OR MORE FOR A COPY OF AN  APPROVED
 NOTICE OF PARTICIPATION IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEAN-
 UP OPERATIONS FOR AN OFFICER OR EMPLOYEE, THE RETIREMENT SYSTEM IN WHICH
 SUCH  OFFICER  OR  EMPLOYEE  IS  A  MEMBER  AND TO WHICH SUCH OFFICER OR
 EMPLOYEE FILED HIS OR HER NOTICE OF PARTICIPATION IN WORLD TRADE  CENTER
 RESCUE,  RECOVERY OR CLEANUP OPERATIONS IN ACCORDANCE WITH PARAGRAPH (A)
 OF SUBDIVISION THIRTY-SIX OF SECTION TWO OF THE  RETIREMENT  AND  SOCIAL
 SECURITY  LAW,  SUCH  RETIREMENT SYSTEM SHALL PROVIDE A VERIFIED COPY OF
 SUCH APPROVED NOTICE OF PARTICIPATION THAT INCLUDES THE DATE  THAT  SUCH
 NOTICE  WAS  FILED  TO SUCH REQUESTOR. A COPY OF SUCH VERIFIED NOTICE OF
 PARTICIPATION SHALL BE FILED WITH ANY CLAIM FOR REIMBURSEMENT  SUBMITTED
 TO  THE  CIVIL  SERVICE  COMMISSION PURSUANT TO SUBDIVISION FOUR OF THIS
 SECTION. EXCEPT AS REQUIRED FOR FILING, REVIEW, AND AUDIT PURPOSES, SUCH
 VERIFIED NOTICE OF PARTICIPATION AND ALL COPIES OF SUCH VERIFIED  NOTICE
 SHALL  BE CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE
 SIX OF THE PUBLIC OFFICERS LAW.
   6. A PUBLIC AUTHORITY OR MUNICIPAL CORPORATION OUTSIDE OF A CITY  WITH
 A  POPULATION  OF  ONE  MILLION  OR  MORE  SHALL  SUBMIT  ANY  CLAIM FOR
 REIMBURSEMENT UNDER THIS SECTION TO THE  CIVIL  SERVICE  COMMISSION.  IN
 ACCORDANCE  WITH  SUBDIVISION  ONE-A OF SECTION SIX OF THE CIVIL SERVICE
 LAW, THE CIVIL SERVICE COMMISSION SHALL REVIEW EACH CLAIM  TO  DETERMINE
 IF  SUCH CLAIM SHALL BE APPROVED, REDUCED, AMENDED OR REJECTED AND SHALL
 NOTIFY THE SUBMITTING PUBLIC AUTHORITY OR MUNICIPAL CORPORATION,  WITHIN
 SIXTY  DAYS  OF  RECEIPT  OF  SUCH  CLAIM, AS TO ITS DETERMINATION. SUCH
 PUBLIC AUTHORITY OR MUNICIPAL CORPORATION SHALL NOTIFY THE CIVIL SERVICE
 COMMISSION WITHIN THIRTY DAYS AFTER RECEIPT OF THE CIVIL SERVICE COMMIS-
 SION'S NOTIFICATION, AS TO ITS ACCEPTANCE OR REJECTION OF SUCH  DETERMI-
 NATION.  FAILURE TO SO NOTIFY THE CIVIL SERVICE COMMISSION SHALL CONSTI-
 TUTE AN ACCEPTANCE OF THE DETERMINATION.  IF  ACCEPTED  BY  SUCH  PUBLIC
 AUTHORITY OR MUNICIPAL CORPORATION, SUCH ACCEPTANCE SHALL CONSTITUTE THE
 FINAL  AND  CONCLUSIVE DETERMINATION FOR SUCH CLAIM. IF REJECTED BY SUCH
 PUBLIC AUTHORITY OR MUNICIPAL  CORPORATION,  SUCH  PUBLIC  AUTHORITY  OR
 MUNICIPAL CORPORATION SHALL RESUBMIT ITS CLAIM, WITHIN THIRTY DAYS AFTER
 RECEIPT  OF  THE  CIVIL SERVICE COMMISSION'S NOTIFICATION, TOGETHER WITH
 ITS REASONS FOR OBJECTION AND ANY  ADDITIONAL  DOCUMENTATION  WHICH  MAY
 JUSTIFY  ITS  CLAIM.  UPON  RECEIPT  OF  A  RESUBMITTED CLAIM, THE CIVIL
 SERVICE COMMISSION SHALL REVIEW SUCH CLAIM  AND  WITHIN  SIXTY  DAYS  OF
 RECEIPT  OF SUCH RESUBMITTED CLAIM, MAKE A FINAL DETERMINATION AS TO THE
 AMOUNT TO BE APPROVED FOR SUCH CLAIM. IF SUCH PUBLIC AUTHORITY OR MUNIC-
 IPAL CORPORATION SHALL DISPUTE SUCH FINAL DETERMINATION IT MAY  COMMENCE
 AN  ACTION,  WITHIN SIXTY DAYS OF SUCH FINAL DETERMINATION, IN THE COURT
 OF CLAIMS WHICH SHALL HAVE JURISDICTION  TO  ADJUDICATE  THE  CLAIM  AND
 ENTER  JUDGMENT,  WHICH  JUDGMENT  SHALL  BE  A  FINAL DETERMINATION FOR
 PURPOSES OF THIS SECTION AND SHALL BE PAYABLE  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF THIS SECTION.
   7.  THE  CIVIL SERVICE COMMISSION SHALL CERTIFY ALL CLAIMS FOR WHICH A
 FINAL DETERMINATION HAS BEEN MADE. THE CIVIL  SERVICE  COMMISSION  SHALL
 SUBMIT  ALL  CERTIFIED  CLAIMS  TO  THE COMPTROLLER OF THE DEPARTMENT OF
 AUDIT AND CONTROL ON OR BEFORE THE FIRST DAY OF THE IMMEDIATELY SUCCEED-
 ING MONTH DURING WHICH  SUCH CLAIM WAS CERTIFIED.
   8. ALL CLAIMS CERTIFIED BY THE CIVIL SERVICE COMMISSION SHALL BE  PAID
 MONTHLY AND SHALL BE PAID UPON A WARRANT FROM THE COMPTROLLER.
   §  3.  Section  6  of the civil service law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. HAVE THE POWER TO REVIEW CLAIMS FOR  REIMBURSEMENT  SUBMITTED  BY
 PUBLIC  AUTHORITIES  OR  MUNICIPAL CORPORATIONS OUTSIDE OF A CITY WITH A

 A. 10498                            4
 
 POPULATION OF A MILLION OR MORE PURSUANT TO SECTION NINETY-TWO-D OF  THE
 GENERAL  MUNICIPAL  LAW  TO  DETERMINE  IF SUCH CLAIM SHALL BE APPROVED,
 REDUCED, AMENDED OR REJECTED. SUCH REVIEW  AND  DETERMINATION  SHALL  BE
 MADE  IN  ACCORDANCE  WITH SECTION NINETY-TWO-D OF THE GENERAL MUNICIPAL
 LAW.
   § 4. Section 2 of chapter 273 of the laws of 2017, amending the gener-
 al municipal law relating  to  granting  sick  leave  for  officers  and
 employees  with a qualifying World Trade Center condition, is amended to
 read as follows:
   § 2. The state shall  reimburse  any  public  authority  or  municipal
 corporation  WITH  A  POPULATION of less than one million people for the
 cost of any line duty sick leave granted pursuant to  this  act.    SUCH
 REIMBURSEMENT SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF SECTION
 92-D OF THE GENERAL MUNICIPAL LAW.
   §  5.  The  administrative  code of the city of New York is amended by
 adding a new section 12-140 to read as follows:
   § 12-140 LINE OF DUTY SICK LEAVE FOR WORLD TRADE CENTER RESCUE, RECOV-
 ERY OR CLEANUP OPERATIONS.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGU-
 LATION TO THE CONTRARY, OFFICERS AND EMPLOYEES OF A CITY  WITH  A  POPU-
 LATION OF ONE MILLION OR MORE WHO (I) DO NOT RECEIVE BENEFITS SIMILAR TO
 THOSE  PROVIDED  BY  THIS  SECTION  PURSUANT TO A COLLECTIVELY BARGAINED
 AGREEMENT, SECTION 14-122.1 OF THIS CODE, SECTION 15-108.1 OF THIS CODE,
 OR OTHER STATUTORY PROVISION AND (II) FILED AND  RECEIVED  APPROVAL  FOR
 SUCH  FILED NOTICE OF PARTICIPATION IN WORLD TRADE CENTER RESCUE, RECOV-
 ERY OR CLEANUP OPERATIONS AND SUBSEQUENTLY DEVELOP  A  QUALIFYING  WORLD
 TRADE  CENTER CONDITION, AS DEFINED IN SECTION TWO OF THE RETIREMENT AND
 SOCIAL SECURITY LAW, SHALL, AFTER RECEIPT OF A WRITTEN REQUEST FOR  LINE
 OF DUTY SICK LEAVE, BE GRANTED LINE OF DUTY SICK LEAVE COMMENCING ON THE
 DATE  THAT  SUCH  EMPLOYEE  WAS  DIAGNOSED WITH A QUALIFYING WORLD TRADE
 CENTER CONDITION REGARDLESS OF WHETHER  SUCH  OFFICER  OR  EMPLOYEE  WAS
 EMPLOYED BY HIS OR HER CURRENT EMPLOYER AT THE TIME THAT SUCH OFFICER OR
 EMPLOYEE  PARTICIPATED IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP
 OPERATIONS. THE OFFICER OR EMPLOYEE SHALL BE COMPENSATED AT HIS  OR  HER
 REGULAR  RATE OF PAY FOR THOSE REGULAR WORK HOURS DURING WHICH THE OFFI-
 CER OR EMPLOYEE IS ABSENT FROM WORK. SUCH LEAVE SHALL BE PROVIDED  WITH-
 OUT LOSS OF AN OFFICER OR EMPLOYEE'S ACCRUED SICK LEAVE. NOTHING IN THIS
 SECTION SHALL LIMIT AN EMPLOYER'S POWER PURSUANT TO ANOTHER PROVISION OF
 LAW  TO  DISCIPLINE  AN OFFICER OR EMPLOYEE BY TERMINATION, REDUCTION OF
 SALARY, OR ANY OTHER APPROPRIATE MEASURE; TO TERMINATE AN APPOINTEE  WHO
 HAS  NOT  COMPLETED HIS OR HER PROBATIONARY TERM; AND TO APPLY FOR ORDI-
 NARY OR ACCIDENT DISABILITY RETIREMENT FOR AN OFFICER OR EMPLOYEE.
   § 6. The commissioner of the department of civil service, in consulta-
 tion with the state comptroller and the commissioner of  the  department
 of  taxation  and  finance,  shall  promulgate  rules and regulations to
 assist with the implementation of section 92-d of the general  municipal
 law.    Such rules and regulations shall be issued no later than 90 days
 after this act shall  have  become  a  law.  Notwithstanding  any  other
 provisions  to  the  contrary in the state administrative procedure act,
 such rules and regulations may be  adopted  on  an  emergency  basis  if
 necessary to meet such 90-day deadline.
   §  7.  The  commissioner of the department of taxation and finance, in
 consultation with the state comptroller, shall issue guidance  regarding
 the  tax  treatment to officers and employees who have received restored
 sick leave no later than sixty days after this act shall have  become  a
 law.

 A. 10498                            5
 
   § 8. This act shall take effect immediately; provided that section one
 of this act shall be deemed to have been in full force and effect on the
 same  date as chapter 273 of the laws of 2017; and provided further that
 this act shall apply to all claims for reimbursement filed  pursuant  to
 section  92-d  of the general municipal law, as amended by this act; and
 provided further, that any officer or employee who is currently employed
 by a city with a population of one million or more who  has  been  diag-
 nosed  with  a qualifying World Trade Center condition and is using sick
 leave due to such condition shall receive a  restoration  of  such  sick
 leave  retroactive  to  the  date such officer or employee was diagnosed
 with a qualifying World Trade Center condition.