S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6542
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2017
                                ___________
 
 Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to amend the civil service law, the executive law,  the  legisla-
   tive  law, the public officers law, the workers' compensation law, the
   railroad law, the labor law, the vehicle and traffic law,  the  public
   authorities  law,  the  public housing law, the public health law, the
   general municipal law, the second class cities law, the local  finance
   law,  the municipal home rule law, the general city law, the town law,
   the county law, the military law, the village law, the education  law,
   the  mental  hygiene  law,  the  Indian law, the retirement and social
   security law, the insurance law, the not-for-profit  corporation  law,
   the  tax  law,  the general business law, the social services law, the
   penal law, the transportation corporations law, the multiple residence
   law, the correction law, the criminal procedure law, the real property
   tax law, the  racing,  pari-mutuel  wagering  and  breeding  law,  the
   uniform  justice  court act, the New York city criminal court act, the
   administrative code of the city of New York, and the  volunteer  fire-
   fighters'  benefit  law, in relation to replacing all instances of the
   words or variations of the words fireman or policeman with  the  words
   firefighter or police officer or variation thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The article heading of article 6 of the civil service  law,
 as  added  by  chapter  790  of  the laws of 1958, is amended to read as
 follows:
             SPECIAL RIGHTS FOR VETERANS AND EXEMPT VOLUNTEER
                          [FIREMEN] FIREFIGHTERS
   § 2. Subdivision 4-b of section 23 of the civil service law, as  added
 by chapter 785 of the laws of 1971, is amended to read as follows:
   4-b.  Geographic  certification  based on need. A municipal commission
 having jurisdiction over a city  or  civil  division  may  provide  that
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11359-02-7

 S. 6542                             2
 
 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,
 town or village upon the following terms and conditions: The superinten-
 dent  of  state  police  shall  detail  such number of state [policemen]

 S. 6542                             3
 
 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
 body shall determine that a [policeman] POLICE OFFICER may respond ther-

 S. 6542                             4

 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
 chapter, (d) a county fire coordinator, a deputy county fire coordinator

 S. 6542                             5
 
 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-
 ing and practice exercises held at the direction  of  or  designated  as

 S. 6542                             6
 
 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-
 pendent of the provisions of this chapter, shall be considered in deter-

 S. 6542                             7
 
 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
 first,  nineteen  hundred sixty-three, or in the case of The Long Island

 S. 6542                             8
 
 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
 company, the superintendent of state police may appoint any person as  a

 S. 6542                             9

 [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
 and shall be paid by the  corporation,  express  company,  or  steamboat
 company.

 S. 6542                            10
 
   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
 applied  and adjusted in accordance with the requirements of the certif-
 icate approving the use thereof. Every such head lamp  shall  be  firmly

 S. 6542                            11
 
 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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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                            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.

 S. 6542                            146
 
   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.  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
 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6542--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2017
                                ___________
 
 Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to amend the civil service law, the executive law, the legisla-
   tive law, the public officers law, the workers' compensation law,  the
   railroad  law,  the labor law, the vehicle and traffic law, the public
   authorities law, the public housing law, the public  health  law,  the
   general  municipal law, the second class cities law, the local finance
   law, the municipal home rule law, the general city law, the town  law,
   the  county law, the military law, the village law, the education law,
   the mental hygiene law, the Indian  law,  the  retirement  and  social
   security  law,  the insurance law, the not-for-profit corporation law,
   the tax law, the general business law, the social  services  law,  the
   penal law, the transportation corporations law, the multiple residence
   law, the correction law, the criminal procedure law, the real property
   tax  law,  the  racing,  pari-mutuel  wagering  and  breeding law, the
   uniform justice court act, the New York city criminal court  act,  the
   administrative  code  of the city of New York, and the volunteer fire-
   fighters' benefit law, in relation to replacing all instances  of  the
   words  or  variations of the words fireman or policeman with the words
   firefighter or police officer or variation thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The article heading of article 6 of the civil service law,
 as added by chapter 790 of the laws of  1958,  is  amended  to  read  as
 follows:
             SPECIAL RIGHTS FOR VETERANS AND EXEMPT VOLUNTEER
                          [FIREMEN] FIREFIGHTERS
   §  2. Subdivision 4-b of section 23 of the civil service law, as added
 by chapter 785 of the laws of 1971, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            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

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 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.