S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6898
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              October 4, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general municipal law, in relation to sick leave for
   officers and employees with a qualifying World Trade Center condition;
   to amend the civil service law, in relation to the review  of  certain
   claims;  and  to  amend  chapter  273 of the laws of 2017 amending the
   general municipal law, relating to granting sick  leave  for  officers
   and  employees  with  a  qualifying  World  Trade Center condition, in
   relation to the reimbursement of any  public  authority  or  municipal
   corporation  of  less  than one million people for the cost of certain
   line of duty sick leave
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  92-d  of  the general municipal law, as added by
 chapter 273 of the laws of 2017, is amended to read as follows:
   § 92-d. Sick leave for officers and employees with a qualifying  World
 Trade  Center condition. 1. Notwithstanding any other law, rule or regu-
 lation to the contrary, officers and employees of the  state,  a  public
 authority  or  any  municipal corporation outside of a city with a popu-
 lation of one million or more who filed a  notice  of  participation  in
 World  Trade  Center  rescue,  recovery or cleanup operations and subse-
 quently develop a qualifying World Trade Center condition, as defined in
 section two of the retirement and social security law, while employed by
 the state, a public authority or such municipal corporation  [or  public
 authority]  shall  be  granted line of duty sick leave commencing on the
 date that such employee was diagnosed  with  a  qualifying  World  Trade
 Center  condition  regardless  of  whether  such officer or employee was
 employed by his or her current employer at the time that such officer or
 employee participated in World Trade Center rescue, recovery or  cleanup
 operations.  The  officer or employee shall be compensated at his or her
 regular rate of pay for those regular work hours during which the  offi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13574-02-7

 S. 6898                             2
 
 cer  or employee is absent from work. Such leave shall be provided with-
 out loss of an officer or employee's accrued sick leave.
   2.  FOR PURPOSES OF THIS SECTION, "COST" SHALL MEAN THE NUMBER OF DAYS
 OF SICK LEAVE THAT MUST BE RESTORED TO AN OFFICER OR  EMPLOYEE  PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY SUCH OFFICER OR EMPLOY-
 EE'S  WAGE RATE AT THE TIME THAT SUCH SICK LEAVE FOR WHICH REIMBURSEMENT
 IS BEING SOUGHT WAS TAKEN. "COST" SHALL NOT INCLUDE ANY SICK TIME  TAKEN
 BY  AN  OFFICER OR EMPLOYEE BEFORE SUCH OFFICER OR EMPLOYEE FILED HIS OR
 HER NOTICE OF PARTICIPATION IN WORLD TRADE CENTER  RESCUE,  RECOVERY  OR
 CLEANUP OPERATIONS.
   3.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, UPON REQUEST
 FROM THE STATE, PUBLIC AUTHORITY OR MUNICIPAL CORPORATION OUTSIDE  OF  A
 CITY  WITH A POPULATION OF ONE MILLION OR MORE FOR A COPY OF A NOTICE OF
 PARTICIPATION IN WORLD TRADE CENTER RESCUE, RECOVERY  OR  CLEANUP  OPER-
 ATIONS  FOR  AN OFFICER OR EMPLOYEE, THE RETIREMENT SYSTEM IN WHICH SUCH
 OFFICER OR EMPLOYEE IS A MEMBER AND TO WHICH SUCH  OFFICER  OR  EMPLOYEE
 FILED  HIS  OR HER NOTICE OF PARTICIPATION IN WORLD TRADE CENTER RESCUE,
 RECOVERY OR CLEANUP OPERATIONS  IN  ACCORDANCE  WITH  PARAGRAPH  (A)  OF
 SUBDIVISION THIRTY-SIX OF SECTION TWO OF THE RETIREMENT AND SOCIAL SECU-
 RITY  LAW,  SUCH RETIREMENT SYSTEM SHALL PROVIDE A VERIFIED COPY OF SUCH
 FILED NOTICE OF PARTICIPATION THAT INCLUDES THE DATE  THAT  SUCH  NOTICE
 WAS  RECEIVED  TO  SUCH  REQUESTOR.  A  COPY  OF SUCH VERIFIED NOTICE OF
 PARTICIPATION SHALL BE FILED WITH ANY CLAIM FOR REIMBURSEMENT  SUBMITTED
 TO  THE  CIVIL  SERVICE  COMMISSION PURSUANT TO SUBDIVISION FOUR OF THIS
 SECTION. EXCEPT AS REQUIRED FOR FILING AND REVIEW PURPOSES,  SUCH  VERI-
 FIED  NOTICE  OF  PARTICIPATION  AND  ALL COPIES OF SUCH VERIFIED NOTICE
 SHALL BE CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE PURSUANT TO  ARTICLE
 SIX OF THE PUBLIC OFFICERS LAW.
   4.  SUCH  PUBLIC  AUTHORITY  OR MUNICIPAL CORPORATION SHALL SUBMIT ANY
 CLAIM FOR REIMBURSEMENT UNDER THIS SECTION TO THE CIVIL SERVICE  COMMIS-
 SION.  IN  ACCORDANCE WITH SUBDIVISION ONE-A OF SECTION SIX OF THE CIVIL
 SERVICE LAW, THE CIVIL SERVICE COMMISSION SHALL  REVIEW  EACH  CLAIM  TO
 DETERMINE  IF SUCH CLAIM SHALL BE APPROVED, REDUCED, AMENDED OR REJECTED
 AND SHALL NOTIFY SUCH PUBLIC AUTHORITY OR MUNICIPAL CORPORATION,  WITHIN
 SIXTY  DAYS  OF  RECEIPT  OF  SUCH  CLAIM, AS TO ITS DETERMINATION. SUCH
 PUBLIC AUTHORITY OR MUNICIPAL CORPORATION SHALL NOTIFY THE CIVIL SERVICE
 COMMISSION WITHIN THIRTY DAYS AFTER RECEIPT OF THE CIVIL SERVICE COMMIS-
 SION'S NOTIFICATION, AS TO ITS ACCEPTANCE OR REJECTION OF SUCH  DETERMI-
 NATION.  FAILURE TO SO NOTIFY THE CIVIL SERVICE COMMISSION SHALL CONSTI-
 TUTE AN ACCEPTANCE OF THE DETERMINATION.  IF  ACCEPTED  BY  SUCH  PUBLIC
 AUTHORITY OR MUNICIPAL CORPORATION, SUCH ACCEPTANCE SHALL CONSTITUTE THE
 FINAL  AND  CONCLUSIVE DETERMINATION FOR SUCH CLAIM. IF REJECTED BY SUCH
 PUBLIC AUTHORITY OR MUNICIPAL  CORPORATION,  SUCH  PUBLIC  AUTHORITY  OR
 MUNICIPAL CORPORATION SHALL RESUBMIT ITS CLAIM, WITHIN THIRTY DAYS AFTER
 RECEIPT  OF  THE  CIVIL SERVICE COMMISSION'S NOTIFICATION, TOGETHER WITH
 ITS REASONS FOR OBJECTION AND ANY  ADDITIONAL  DOCUMENTATION  WHICH  MAY
 JUSTIFY  ITS  CLAIM.  UPON  RECEIPT  OF  A  RESUBMITTED CLAIM, THE CIVIL
 SERVICE COMMISSION SHALL REVIEW SUCH CLAIM  AND  WITHIN  SIXTY  DAYS  OF
 RECEIPT  OF SUCH RESUBMITTED CLAIM, MAKE A FINAL DETERMINATION AS TO THE
 AMOUNT TO BE APPROVED FOR SUCH CLAIM. IF SUCH PUBLIC AUTHORITY OR MUNIC-
 IPAL CORPORATION SHALL DISPUTE SUCH FINAL DETERMINATION IT MAY  COMMENCE
 AN  ACTION,  WITHIN SIXTY DAYS OF SUCH FINAL DETERMINATION, IN THE COURT
 OF CLAIMS WHICH SHALL HAVE JURISDICTION  TO  ADJUDICATE  THE  CLAIM  AND
 ENTER  JUDGMENT,  WHICH  JUDGMENT  SHALL  BE  A  FINAL DETERMINATION FOR
 PURPOSES OF THIS SECTION AND SHALL BE PAYABLE  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF SECTIONS THREE AND FOUR OF THIS CHAPTER.

 S. 6898                             3

   5.  THE  CIVIL SERVICE COMMISSION SHALL CERTIFY ALL CLAIMS FOR WHICH A
 FINAL DETERMINATION HAS BEEN MADE. THE CIVIL  SERVICE  COMMISSION  SHALL
 SUBMIT  ALL  CLAIMS  CERTIFIED  TO  THE COMPTROLLER OF THE DEPARTMENT OF
 AUDIT AND CONTROL ON OR BEFORE THE FIRST DAY OF THE IMMEDIATELY SUCCEED-
 ING MONTH DURING WHICH  SUCH CLAIM WAS CERTIFIED.
   6.  ALL CLAIMS CERTIFIED BY THE CIVIL SERVICE COMMISSION SHALL BE PAID
 MONTHLY AND SHALL BE PAID UPON A WARRANT FROM THE COMPTROLLER.
   § 2. Section 6 of the civil service law is amended  by  adding  a  new
 subdivision 1-a to read as follows:
   1-A.  HAVE  THE  POWER TO REVIEW CLAIMS FOR REIMBURSEMENT SUBMITTED BY
 PUBLIC AUTHORITIES OR MUNICIPAL CORPORATIONS OUTSIDE OF A  CITY  WITH  A
 POPULATION  OF A MILLION OR MORE PURSUANT TO SECTION NINETY-TWO-D OF THE
 GENERAL MUNICIPAL LAW TO DETERMINE IF  SUCH  CLAIM  SHALL  BE  APPROVED,
 REDUCED,  AMENDED  OR  REJECTED.  SUCH REVIEW AND DETERMINATION SHALL BE
 MADE IN ACCORDANCE WITH SECTION NINETY-TWO-D OF  THE  GENERAL  MUNICIPAL
 LAW.
   § 3. Section 2 of chapter 273 of the laws of 2017, amending the gener-
 al  municipal  law  relating  to  granting  sick  leave for officers and
 employees with a qualified World Trade Center condition, is  amended  to
 read as follows:
   §  2.  The  state  shall  reimburse  any public authority or municipal
 corporation of less than one million people for the  cost  of  any  line
 duty  sick leave granted pursuant to this act.  SUCH REIMBURSEMENT SHALL
 BE MADE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 92-D OF THE GENERAL
 MUNICIPAL LAW.
   § 4. This act shall take effect immediately and  shall  apply  to  all
 claims for reimbursement filed pursuant to section one of this act.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6898--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              October 4, 2017
                                ___________
 
 Introduced by Sens. GOLDEN, GALLIVAN, KAMINSKY -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules --
   recommitted  to  the  Committee on Local Government in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the general municipal law and the administrative code of
   the  city  of  New  York,  in  relation to sick leave for officers and
   employees with a qualifying World Trade Center condition; to amend the
   civil service law, in relation to the review of certain claims; and to
   amend chapter 273 of the laws of 2017 amending the  general  municipal
   law, relating to granting sick leave for officers and employees with a
   qualifying World Trade Center condition, in relation to the reimburse-
   ment of any public authority or municipal corporation in a city with a
   population  of  less  than  one million people for the cost of certain
   line of duty sick leave
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  92-d  of  the general municipal law, as added by
 chapter 273 of the laws of 2017, is amended to read as follows:
   § 92-d. Sick leave for officers and employees with a qualifying  World
 Trade  Center  condition.  Notwithstanding  any other law, rule or regu-
 lation to the contrary, officers and employees of the  state,  a  public
 authority  or  any  municipal corporation outside of a city with a popu-
 lation of one million or more who  [filed  a]  HAS  FILED  AND  RECEIVED
 APPROVAL  FOR  HIS  OR HER notice of participation in World Trade Center
 rescue, recovery or cleanup operations and subsequently [develop] DEVEL-
 OPS a qualifying World Trade Center condition, as defined in section two
 of the retirement and social security law, while employed by the  state,
 a public authority or [such] A municipal corporation [or public authori-
 ty] shall be granted line of duty sick leave commencing on the date that
 such  employee was diagnosed with a qualifying World Trade Center condi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13574-06-8

 S. 6898--A                          2
 
 tion regardless of whether such officer or employee was employed by  his
 or  her  current  employer  at  the  time  that such officer or employee
 participated in World Trade Center rescue,  recovery  or  cleanup  oper-
 ations,  PROVIDED, HOWEVER, NO OFFICER OR EMPLOYEE SHALL RECEIVE LINE OF
 DUTY SICK LEAVE FOR ANY DATE PRIOR TO THE FIRST  DATE  THAT  HE  OR  SHE
 ENGAGED  IN  RESCUE,  RECOVERY  OR  CLEANUP OPERATIONS.   The officer or
 employee shall be compensated at his or her  regular  rate  of  pay  for
 those  regular work hours during which the officer or employee is absent
 from work DUE TO HIS OR HER QUALIFYING  WORLD  TRADE  CENTER  CONDITION.
 Such  leave  shall  be provided without loss of an officer or employee's
 accrued sick leave.  NOTHING IN THIS SECTION SHALL LIMIT  AN  EMPLOYER'S
 POWER  PURSUANT  TO ANOTHER PROVISION OF LAW TO DISCIPLINE AN OFFICER OR
 EMPLOYEE BY TERMINATION, REDUCTION OF SALARY, OR ANY  OTHER  APPROPRIATE
 MEASURE;  TO  TERMINATE  AN  APPOINTEE  WHO HAS NOT COMPLETED HIS OR HER
 PROBATIONARY TERM; AND TO APPLY  FOR  ORDINARY  OR  ACCIDENT  DISABILITY
 RETIREMENT FOR AN OFFICER OR EMPLOYEE.
   §  2.  The first undesignated paragraph of section 92-d of the general
 municipal law is designated subdivision 1 and seven new subdivisions  2,
 3, 4, 5, 6, 7 and 8 are added to read as follows:
   2.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
 OFFICERS AND EMPLOYEES OF A CITY WITH A POPULATION  OF  ONE  MILLION  OR
 MORE  WHO  (I) DO NOT RECEIVE BENEFITS SIMILAR TO THOSE PROVIDED BY THIS
 SECTION PURSUANT TO A COLLECTIVELY BARGAINED AGREEMENT, SECTION 14-122.1
 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, SECTION 15-108.1  OF
 THE  ADMINISTRATIVE  CODE  OF  THE  CITY OF NEW YORK, OR OTHER STATUTORY
 PROVISION AND (II) HAVE FILED AND  RECEIVED  APPROVAL  FOR  HIS  OR  HER
 NOTICE OF PARTICIPATION IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEAN-
 UP  OPERATIONS AND SUBSEQUENTLY DEVELOPS A QUALIFYING WORLD TRADE CENTER
 CONDITION, AS DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL  SECU-
 RITY  LAW, WHILE EMPLOYED BY SUCH MUNICIPAL CORPORATION, OR THE STATE, A
 PUBLIC AUTHORITY OR MUNICIPAL CORPORATION OUTSIDE OF A CITY WITH A POPU-
 LATION OF ONE MILLION OR MORE SHALL BE GRANTED LINE OF DUTY  SICK  LEAVE
 COMMENCING  ON THE DATE THAT SUCH EMPLOYEE WAS DIAGNOSED WITH A QUALIFY-
 ING WORLD TRADE CENTER CONDITION REGARDLESS OF WHETHER SUCH  OFFICER  OR
 EMPLOYEE  WAS  EMPLOYED  BY HIS OR HER CURRENT EMPLOYER AT THE TIME THAT
 SUCH OFFICER OR EMPLOYEE PARTICIPATED  IN  WORLD  TRADE  CENTER  RESCUE,
 RECOVERY OR CLEANUP OPERATIONS, PROVIDED, HOWEVER, NO OFFICER OR EMPLOY-
 EE SHALL RECEIVE LINE OF DUTY SICK LEAVE FOR ANY DATE PRIOR TO THE FIRST
 DATE  THAT HE OR SHE ENGAGED IN RESCUE, RECOVERY OR CLEAN UP OPERATIONS.
 THE OFFICER OR EMPLOYEE SHALL BE COMPENSATED AT HIS OR HER REGULAR  RATE
 OF PAY FOR THOSE REGULAR WORK HOURS DURING WHICH THE OFFICER OR EMPLOYEE
 IS  ABSENT  FROM  WORK  DUE  TO HIS OR HER QUALIFYING WORLD TRADE CENTER
 CONDITION. SUCH LEAVE SHALL BE PROVIDED WITHOUT LOSS OF  AN  OFFICER  OR
 EMPLOYEE'S  ACCRUED  SICK  LEAVE. NOTHING IN THIS SECTION SHALL LIMIT AN
 EMPLOYER'S POWER PURSUANT TO ANOTHER PROVISION OF LAW TO  DISCIPLINE  AN
 OFFICER  OR  EMPLOYEE  BY TERMINATION, REDUCTION OF SALARY, OR ANY OTHER
 APPROPRIATE MEASURE; TO TERMINATE AN APPOINTEE WHO HAS NOT COMPLETED HIS
 OR HER PROBATIONARY TERM; AND TO APPLY FOR ORDINARY OR ACCIDENT DISABIL-
 ITY RETIREMENT FOR AN OFFICER OR EMPLOYEE.
   3. FOR PURPOSES OF THIS SECTION, "COST" SHALL MEAN THE NUMBER OF  DAYS
 OF  SICK  LEAVE THAT MUST BE RESTORED TO AN OFFICER OR EMPLOYEE PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY SUCH OFFICER OR EMPLOY-
 EE'S WAGE RATE AT THE TIME THAT SUCH SICK LEAVE FOR WHICH  REIMBURSEMENT
 IS  BEING SOUGHT WAS TAKEN. "COST" SHALL NOT INCLUDE ANY SICK TIME TAKEN
 BY AN OFFICER OR EMPLOYEE BEFORE SUCH OFFICER OR EMPLOYEE FILED  HIS  OR

 S. 6898--A                          3
 
 HER  NOTICE  OF  PARTICIPATION IN WORLD TRADE CENTER RESCUE, RECOVERY OR
 CLEANUP OPERATIONS.
   4.  THE APPLICATION FOR LINE OF DUTY SICK LEAVE SHALL INCLUDE A WAIVER
 OF  THE  PROTECTION  AFFORDED TO THE OFFICER OR EMPLOYEE PURSUANT TO THE
 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT FOR THE  PURPOSE  OF
 REVIEWING,  PROCESSING  AND  AUDITING  HIS OR HER CLAIM FOR LINE OF DUTY
 SICK LEAVE. AN OFFICER OR EMPLOYEE FILING AN  APPLICATION  FOR  LINE  OF
 DUTY  SICK  LEAVE  SHALL  FILE  SUCH  WAIVER IN THE FORM REQUIRED BY THE
 RETIREMENT SYSTEM OF WHICH HE OR SHE IS A MEMBER, ALONG WITH THE  APPLI-
 CATION FOR LINE OF DUTY SICK LEAVE, WITH HIS OR HER EMPLOYER.
   5.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, UPON REQUEST
 FROM  THE  STATE, PUBLIC AUTHORITY OR MUNICIPAL CORPORATION OUTSIDE OF A
 CITY WITH A POPULATION OF ONE MILLION OR MORE FOR A COPY OF AN  APPROVED
 NOTICE OF PARTICIPATION IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEAN-
 UP OPERATIONS FOR AN OFFICER OR EMPLOYEE, THE RETIREMENT SYSTEM IN WHICH
 SUCH  OFFICER  OR  EMPLOYEE  IS  A  MEMBER  AND TO WHICH SUCH OFFICER OR
 EMPLOYEE FILED HIS OR HER NOTICE OF PARTICIPATION IN WORLD TRADE  CENTER
 RESCUE,  RECOVERY OR CLEANUP OPERATIONS IN ACCORDANCE WITH PARAGRAPH (A)
 OF SUBDIVISION THIRTY-SIX OF SECTION TWO OF THE  RETIREMENT  AND  SOCIAL
 SECURITY  LAW,  SUCH  RETIREMENT SYSTEM SHALL PROVIDE A VERIFIED COPY OF
 SUCH APPROVED NOTICE OF PARTICIPATION THAT INCLUDES THE DATE  THAT  SUCH
 NOTICE  WAS  FILED  TO SUCH REQUESTOR. A COPY OF SUCH VERIFIED NOTICE OF
 PARTICIPATION SHALL BE FILED WITH ANY CLAIM FOR REIMBURSEMENT  SUBMITTED
 TO  THE  CIVIL  SERVICE  COMMISSION PURSUANT TO SUBDIVISION FOUR OF THIS
 SECTION. EXCEPT AS REQUIRED FOR FILING, REVIEW, AND AUDIT PURPOSES, SUCH
 VERIFIED NOTICE OF PARTICIPATION AND ALL COPIES OF SUCH VERIFIED  NOTICE
 SHALL  BE CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE
 SIX OF THE PUBLIC OFFICERS LAW.
   6. SUCH PUBLIC AUTHORITY OR MUNICIPAL  CORPORATION  SHALL  SUBMIT  ANY
 CLAIM  FOR REIMBURSEMENT UNDER THIS SECTION TO THE CIVIL SERVICE COMMIS-
 SION. IN ACCORDANCE WITH SUBDIVISION ONE-A OF SECTION SIX OF  THE  CIVIL
 SERVICE  LAW,  THE  CIVIL  SERVICE COMMISSION SHALL REVIEW EACH CLAIM TO
 DETERMINE IF SUCH CLAIM SHALL BE APPROVED, REDUCED, AMENDED OR  REJECTED
 AND  SHALL NOTIFY SUCH PUBLIC AUTHORITY OR MUNICIPAL CORPORATION, WITHIN
 SIXTY DAYS OF RECEIPT OF SUCH  CLAIM,  AS  TO  ITS  DETERMINATION.  SUCH
 PUBLIC AUTHORITY OR MUNICIPAL CORPORATION SHALL NOTIFY THE CIVIL SERVICE
 COMMISSION WITHIN THIRTY DAYS AFTER RECEIPT OF THE CIVIL SERVICE COMMIS-
 SION'S  NOTIFICATION, AS TO ITS ACCEPTANCE OR REJECTION OF SUCH DETERMI-
 NATION. FAILURE TO SO NOTIFY THE CIVIL SERVICE COMMISSION SHALL  CONSTI-
 TUTE  AN  ACCEPTANCE  OF  THE  DETERMINATION. IF ACCEPTED BY SUCH PUBLIC
 AUTHORITY OR MUNICIPAL CORPORATION, SUCH ACCEPTANCE SHALL CONSTITUTE THE
 FINAL AND CONCLUSIVE DETERMINATION FOR SUCH CLAIM. IF REJECTED  BY  SUCH
 PUBLIC  AUTHORITY  OR  MUNICIPAL  CORPORATION,  SUCH PUBLIC AUTHORITY OR
 MUNICIPAL CORPORATION SHALL RESUBMIT ITS CLAIM, WITHIN THIRTY DAYS AFTER
 RECEIPT OF THE CIVIL SERVICE COMMISSION'S  NOTIFICATION,  TOGETHER  WITH
 ITS  REASONS  FOR  OBJECTION  AND ANY ADDITIONAL DOCUMENTATION WHICH MAY
 JUSTIFY ITS CLAIM. UPON  RECEIPT  OF  A  RESUBMITTED  CLAIM,  THE  CIVIL
 SERVICE  COMMISSION  SHALL  REVIEW  SUCH  CLAIM AND WITHIN SIXTY DAYS OF
 RECEIPT OF SUCH RESUBMITTED CLAIM, MAKE A FINAL DETERMINATION AS TO  THE
 AMOUNT TO BE APPROVED FOR SUCH CLAIM. IF SUCH PUBLIC AUTHORITY OR MUNIC-
 IPAL  CORPORATION SHALL DISPUTE SUCH FINAL DETERMINATION IT MAY COMMENCE
 AN ACTION, WITHIN SIXTY DAYS OF SUCH FINAL DETERMINATION, IN  THE  COURT
 OF  CLAIMS  WHICH  SHALL  HAVE  JURISDICTION TO ADJUDICATE THE CLAIM AND
 ENTER JUDGMENT, WHICH  JUDGMENT  SHALL  BE  A  FINAL  DETERMINATION  FOR
 PURPOSES  OF  THIS  SECTION  AND SHALL BE PAYABLE IN ACCORDANCE WITH THE
 PROVISIONS OF SECTIONS THREE AND FOUR OF THIS CHAPTER.

 S. 6898--A                          4
 
   7. THE CIVIL SERVICE COMMISSION SHALL CERTIFY ALL CLAIMS FOR  WHICH  A
 FINAL  DETERMINATION  HAS  BEEN MADE. THE CIVIL SERVICE COMMISSION SHALL
 SUBMIT ALL CLAIMS CERTIFIED TO THE  COMPTROLLER  OF  THE  DEPARTMENT  OF
 AUDIT AND CONTROL ON OR BEFORE THE FIRST DAY OF THE IMMEDIATELY SUCCEED-
 ING MONTH DURING WHICH  SUCH CLAIM WAS CERTIFIED.
   8.  ALL CLAIMS CERTIFIED BY THE CIVIL SERVICE COMMISSION SHALL BE PAID
 MONTHLY AND SHALL BE PAID UPON A WARRANT FROM THE COMPTROLLER.
   § 3. Section 6 of the civil service law is amended  by  adding  a  new
 subdivision 1-a to read as follows:
   1-A.  HAVE  THE  POWER TO REVIEW CLAIMS FOR REIMBURSEMENT SUBMITTED BY
 PUBLIC AUTHORITIES OR MUNICIPAL CORPORATIONS OUTSIDE OF A  CITY  WITH  A
 POPULATION  OF A MILLION OR MORE PURSUANT TO SECTION NINETY-TWO-D OF THE
 GENERAL MUNICIPAL LAW TO DETERMINE IF  SUCH  CLAIM  SHALL  BE  APPROVED,
 REDUCED,  AMENDED  OR  REJECTED.  SUCH REVIEW AND DETERMINATION SHALL BE
 MADE IN ACCORDANCE WITH SECTION NINETY-TWO-D OF  THE  GENERAL  MUNICIPAL
 LAW.
   § 4. Section 2 of chapter 273 of the laws of 2017, amending the gener-
 al  municipal  law  relating  to  granting  sick  leave for officers and
 employees with a qualifying World Trade Center condition, is amended  to
 read as follows:
   §  2.  The  state  shall  reimburse  any public authority or municipal
 corporation IN A CITY WITH A POPULATION of less than one million  people
 for  the  cost of any line duty sick leave granted pursuant to this act.
 SUCH REIMBURSEMENT SHALL BE MADE IN ACCORDANCE WITH  THE  PROVISIONS  OF
 SECTION 92-D OF THE GENERAL MUNICIPAL LAW.
   §  5.  The  administrative  code of the city of New York is amended by
 adding a new section 12-140 to read as follows:
   § 12-140 NOTWITHSTANDING ANY OTHER LAW,  RULE  OR  REGULATION  TO  THE
 CONTRARY,  OFFICERS  AND  EMPLOYEES  OF  A CITY WITH A POPULATION OF ONE
 MILLION OR MORE WHO  (I)  DO  NOT  RECEIVE  BENEFITS  SIMILAR  TO  THOSE
 PROVIDED BY THIS SECTION PURSUANT TO A COLLECTIVELY BARGAINED AGREEMENT,
 SECTION  14-122.1  OF THIS CODE, SECTION 15-108.1 OF THIS CODE, OR OTHER
 STATUTORY PROVISION AND (II) FILED A NOTICE OF  PARTICIPATION  IN  WORLD
 TRADE  CENTER  RESCUE,  RECOVERY  OR CLEANUP OPERATIONS AND SUBSEQUENTLY
 DEVELOP A QUALIFYING WORLD TRADE CENTER CONDITION, AS DEFINED IN SECTION
 TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW, WHOLE  EMPLOYED  BY  SUCH
 MUNICIPAL  CORPORATION,  OR  THE  STATE, A PUBLIC AUTHORITY OR MUNICIPAL
 CORPORATION OUTSIDE OF A CITY WITH A POPULATION OF ONE MILLION  OR  MORE
 SHALL  BE  GRANTED  LINE  OF DUTY SICK LEAVE COMMENCING ON THE DATE THAT
 SUCH EMPLOYEE WAS DIAGNOSED WITH A QUALIFYING WORLD TRADE CENTER  CONDI-
 TION  REGARDLESS OF WHETHER SUCH OFFICER OR EMPLOYEE WAS EMPLOYED BY HIS
 OR HER CURRENT EMPLOYER AT  THE  TIME  THAT  SUCH  OFFICER  OR  EMPLOYEE
 PARTICIPATED  IN  WORLD  TRADE  CENTER RESCUE, RECOVERY OR CLEANUP OPER-
 ATIONS. THE OFFICER OR EMPLOYEE SHALL BE COMPENSATED AT HIS OR HER REGU-
 LAR RATE OF PAY FOR THOSE REGULAR WORK HOURS DURING WHICH THE OFFICER OR
 EMPLOYEE IS ABSENT FROM WORK. SUCH LEAVE SHALL BE PROVIDED WITHOUT  LOSS
 OF  AN OFFICER OR EMPLOYEE'S ACCRUED SICK LEAVE. NOTHING IN THIS SECTION
 SHALL LIMIT AN EMPLOYER'S POWER PURSUANT TO ANOTHER PROVISION OF LAW  TO
 DISCIPLINE  AN  OFFICER OR EMPLOYEE BY TERMINATION, REDUCTION OF SALARY,
 OR ANY OTHER APPROPRIATE MEASURE; TO TERMINATE AN APPOINTEE WHO HAS  NOT
 COMPLETED  HIS  OR  HER  PROBATIONARY TERM; AND TO APPLY FOR ORDINARY OR
 ACCIDENT DISABILITY RETIREMENT FOR AN OFFICER OR EMPLOYEE.
   § 6. The commissioner of the department of civil service, in consulta-
 tion with the state comptroller and the commissioner of  the  department
 of  taxation  and  finance, shall issue guidance and/or promulgate regu-
 lations to assist with the implementation of section 92-d of the general

 S. 6898--A                          5
 
 municipal law. Such guidance and/or  regulations  shall  include,  among
 other  things,  the  tax  treatment  to  officers and employees who have
 received restored sick leave. Such guidance and/or regulations shall  be
 issued  no later than 60 days, and 90 days, respectively, after this act
 shall become effective. Notwithstanding  any  other  provisions  to  the
 contrary in the state administrative procedure act, such rules and regu-
 lations  may  be adopted on an emergency basis if necessary to meet such
 90-day deadline.
   § 7. This act shall take effect immediately; provided that section one
 of this act shall be deemed to have been in full force and effect on the
 same date as chapter 273 of the laws of 2017; and provided further  that
 this  act  shall apply to all claims for reimbursement filed pursuant to
 section 92-d of the general municipal law, as amended by this  act;  and
 provided further, that any officer or employee who is currently employed
 by  a  city  with a population of one million or more who has been diag-
 nosed with a qualifying World Trade Center condition and is  using  sick
 leave  due  to  such  condition shall receive a restoration of such sick
 leave retroactive to the date such officer  or  employee  was  diagnosed
 with a qualifying World Trade Center condition.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6898--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              October 4, 2017
                                ___________
 
 Introduced by Sens. GOLDEN, GALLIVAN, KAMINSKY -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules --
   recommitted  to  the  Committee on Local Government in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the general municipal law and the administrative code of
   the city of New York, in relation  to  sick  leave  for  officers  and
   employees with a qualifying World Trade Center condition; to amend the
   civil service law, in relation to the review of certain claims; and to
   amend  chapter  273 of the laws of 2017 amending the general municipal
   law relating to granting sick leave for officers and employees with  a
   qualifying World Trade Center condition, in relation to the reimburse-
   ment of any public authority or municipal corporation in a city with a
   population  of  less  than  one million people for the cost of certain
   line of duty sick leave
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  92-d  of  the general municipal law, as added by
 chapter 273 of the laws of 2017, is amended to read as follows:
   § 92-d. Sick leave for officers and employees with a qualifying  World
 Trade  Center  condition.  Notwithstanding  any other law, rule or regu-
 lation to the contrary, officers and employees of the  state,  a  public
 authority  or  any  municipal corporation outside of a city with a popu-
 lation of one million or more who [filed  a]  HAVE  FILED  AND  RECEIVED
 APPROVAL  FOR  SUCH  FILED notice of participation in World Trade Center
 rescue, recovery or cleanup operations ENGAGED IN WHILE EMPLOYED BY  THE
 STATE,  A  PUBLIC  AUTHORITY OR A MUNICIPAL CORPORATION and subsequently
 develop a qualifying World Trade Center condition, as defined in section
 two of the retirement and social security  law,[while  employed  by  the

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

                                                            LBD13574-08-8

 S. 6898--B                          2

 state,  a  public  authority  or  such  municipal  corporation or public
 authority] shall, AFTER THE RECEIPT OF A WRITTEN  REQUEST  FOR  LINE  OF
 DUTY  SICK  LEAVE,  be granted line of duty sick leave commencing on the
 date  that  such  employee  was  diagnosed with a qualifying World Trade
 Center condition regardless of whether  such  officer  or  employee  was
 employed by his or her current employer at the time that such officer or
 employee  participated in World Trade Center rescue, recovery or cleanup
 operations.  The officer or employee shall be compensated at his or  her
 regular  rate of pay for those regular work hours during which the offi-
 cer or employee is absent from work DUE TO HIS OR HER  QUALIFYING  WORLD
 TRADE  CENTER CONDITION. Such leave shall be provided without loss of an
 officer or employee's accrued sick leave.  NOTHING IN THIS SECTION SHALL
 LIMIT AN EMPLOYER'S POWER PURSUANT TO ANY  OTHER  PROVISION  OF  LAW  TO
 DISCIPLINE  AN  OFFICER OR EMPLOYEE BY TERMINATION, REDUCTION OF SALARY,
 OR ANY OTHER APPROPRIATE MEASURE; TO TERMINATE AN APPOINTEE WHO HAS  NOT
 COMPLETED  HIS  OR  HER  PROBATIONARY TERM; AND TO APPLY FOR ORDINARY OR
 ACCIDENT DISABILITY RETIREMENT FOR AN OFFICER OR EMPLOYEE.
   § 2. The opening paragraph of section 92-d of  the  general  municipal
 law  is  designated subdivision 1 and seven new subdivisions 2, 3, 4, 5,
 6, 7 and 8 are added to read as follows:
   2. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,
 OFFICERS  AND  EMPLOYEES  OF  A CITY WITH A POPULATION OF ONE MILLION OR
 MORE WHO (I) DO NOT RECEIVE BENEFITS SIMILAR TO THOSE PROVIDED  BY  THIS
 SECTION PURSUANT TO A COLLECTIVELY BARGAINED AGREEMENT, SECTION 14-122.1
 OF  THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, SECTION 15-108.1 OF
 THE ADMINISTRATIVE CODE OF THE CITY OF  NEW  YORK,  OR  OTHER  STATUTORY
 PROVISION  AND  (II)  HAVE  FILED  AND  RECEIVED APPROVAL FOR SUCH FILED
 NOTICE OF PARTICIPATION IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEAN-
 UP OPERATIONS ENGAGED IN WHILE EMPLOYED BY THE STATE, A PUBLIC AUTHORITY
 OR A MUNICIPAL CORPORATION AND SUBSEQUENTLY DEVELOP A  QUALIFYING  WORLD
 TRADE  CENTER CONDITION, AS DEFINED IN SECTION TWO OF THE RETIREMENT AND
 SOCIAL SECURITY LAW, SHALL, AFTER RECEIPT OF A WRITTEN REQUEST FOR  LINE
 OF DUTY SICK LEAVE, BE GRANTED LINE OF DUTY SICK LEAVE COMMENCING ON THE
 DATE  THAT  SUCH  EMPLOYEE  WAS  DIAGNOSED WITH A QUALIFYING WORLD TRADE
 CENTER CONDITION REGARDLESS OF WHETHER  SUCH  OFFICER  OR  EMPLOYEE  WAS
 EMPLOYED BY HIS OR HER CURRENT EMPLOYER AT THE TIME THAT SUCH OFFICER OR
 EMPLOYEE  PARTICIPATED IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP
 OPERATIONS. THE OFFICER OR EMPLOYEE SHALL BE COMPENSATED AT HIS  OR  HER
 REGULAR  RATE OF PAY FOR THOSE REGULAR WORK HOURS DURING WHICH THE OFFI-
 CER OR EMPLOYEE IS ABSENT FROM WORK DUE TO HIS OR HER  QUALIFYING  WORLD
 TRADE  CENTER CONDITION. SUCH LEAVE SHALL BE PROVIDED WITHOUT LOSS OF AN
 OFFICER OR EMPLOYEE'S ACCRUED SICK LEAVE. NOTHING IN THIS SECTION  SHALL
 LIMIT AN EMPLOYER'S POWER PURSUANT TO ANOTHER PROVISION OF LAW TO DISCI-
 PLINE AN OFFICER OR EMPLOYEE BY TERMINATION, REDUCTION OF SALARY, OR ANY
 OTHER  APPROPRIATE  MEASURE;  TO  TERMINATE  AN  APPOINTEE  WHO  HAS NOT
 COMPLETED HIS OR HER PROBATIONARY TERM; AND TO  APPLY  FOR  ORDINARY  OR
 ACCIDENT DISABILITY RETIREMENT FOR AN OFFICER OR EMPLOYEE.
   3.  FOR PURPOSES OF THIS SECTION, "COST" SHALL MEAN THE NUMBER OF DAYS
 OF SICK LEAVE THAT MUST BE RESTORED TO AN OFFICER OR  EMPLOYEE  PURSUANT
 TO  SUBDIVISION ONE OR TWO OF THIS SECTION MULTIPLIED BY SUCH OFFICER OR
 EMPLOYEE'S WAGE RATE  AT  THE  TIME  THAT  SUCH  SICK  LEAVE  FOR  WHICH
 REIMBURSEMENT IS BEING SOUGHT WAS TAKEN.
   4.  A  REQUEST,  FOR  LINE  OF DUTY SICK LEAVE SHALL BE IN WRITING AND
 INCLUDE A WAIVER OF THE PROTECTION AFFORDED TO THE OFFICER  OR  EMPLOYEE
 PURSUANT  TO  THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT TO
 ALLOW DISCLOSURE OF THE OFFICER OR EMPLOYEE'S APPROVED NOTICE OF PARTIC-

 S. 6898--B                          3

 IPATION AND ANY MEDICAL RECORDS CONCERNING SUCH  OFFICER  OR  EMPLOYEE'S
 NOTICE  OF  PARTICIPATION  OR QUALIFYING WORLD TRADE CENTER CONDITION IN
 THE POSSESSION OF THE RETIREMENT SYSTEM IN WHICH SUCH OFFICER OR EMPLOY-
 EE IS A MEMBER FOR THE PURPOSE OF REVIEWING, PROCESSING AND AUDITING HIS
 OR  HER  CLAIM FOR LINE OF DUTY SICK LEAVE.  SUCH WAIVER SHALL BE IN THE
 FORM REQUIRED BY THE RETIREMENT SYSTEM OF WHICH HE OR SHE IS  A  MEMBER,
 ALONG  WITH THE APPLICATION FOR LINE OF DUTY SICK LEAVE, WITH HIS OR HER
 EMPLOYER.
   5.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, UPON REQUEST
 FROM THE STATE, PUBLIC AUTHORITY OR MUNICIPAL CORPORATION OUTSIDE  OF  A
 CITY  WITH A POPULATION OF ONE MILLION OR MORE FOR A COPY OF AN APPROVED
 NOTICE OF PARTICIPATION IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEAN-
 UP OPERATIONS FOR AN OFFICER OR EMPLOYEE, THE RETIREMENT SYSTEM IN WHICH
 SUCH OFFICER OR EMPLOYEE IS A  MEMBER  AND  TO  WHICH  SUCH  OFFICER  OR
 EMPLOYEE  FILED HIS OR HER NOTICE OF PARTICIPATION IN WORLD TRADE CENTER
 RESCUE, RECOVERY OR CLEANUP OPERATIONS IN ACCORDANCE WITH PARAGRAPH  (A)
 OF  SUBDIVISION  THIRTY-SIX  OF SECTION TWO OF THE RETIREMENT AND SOCIAL
 SECURITY LAW, SUCH RETIREMENT SYSTEM SHALL PROVIDE A  VERIFIED  COPY  OF
 SUCH  APPROVED  NOTICE OF PARTICIPATION THAT INCLUDES THE DATE THAT SUCH
 NOTICE WAS FILED TO SUCH REQUESTOR. A COPY OF SUCH  VERIFIED  NOTICE  OF
 PARTICIPATION  SHALL BE FILED WITH ANY CLAIM FOR REIMBURSEMENT SUBMITTED
 TO THE CIVIL SERVICE COMMISSION PURSUANT TO  SUBDIVISION  FOUR  OF  THIS
 SECTION. EXCEPT AS REQUIRED FOR FILING, REVIEW, AND AUDIT PURPOSES, SUCH
 VERIFIED  NOTICE OF PARTICIPATION AND ALL COPIES OF SUCH VERIFIED NOTICE
 SHALL BE CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE PURSUANT TO  ARTICLE
 SIX OF THE PUBLIC OFFICERS LAW.
   6.  A PUBLIC AUTHORITY OR MUNICIPAL CORPORATION OUTSIDE OF A CITY WITH
 A POPULATION  OF  ONE  MILLION  OR  MORE  SHALL  SUBMIT  ANY  CLAIM  FOR
 REIMBURSEMENT  UNDER  THIS  SECTION  TO THE CIVIL SERVICE COMMISSION. IN
 ACCORDANCE WITH SUBDIVISION ONE-A OF SECTION SIX OF  THE  CIVIL  SERVICE
 LAW,  THE  CIVIL SERVICE COMMISSION SHALL REVIEW EACH CLAIM TO DETERMINE
 IF SUCH CLAIM SHALL BE APPROVED, REDUCED, AMENDED OR REJECTED AND  SHALL
 NOTIFY  THE SUBMITTING PUBLIC AUTHORITY OR MUNICIPAL CORPORATION, WITHIN
 SIXTY DAYS OF RECEIPT OF SUCH  CLAIM,  AS  TO  ITS  DETERMINATION.  SUCH
 PUBLIC AUTHORITY OR MUNICIPAL CORPORATION SHALL NOTIFY THE CIVIL SERVICE
 COMMISSION WITHIN THIRTY DAYS AFTER RECEIPT OF THE CIVIL SERVICE COMMIS-
 SION'S  NOTIFICATION, AS TO ITS ACCEPTANCE OR REJECTION OF SUCH DETERMI-
 NATION. FAILURE TO SO NOTIFY THE CIVIL SERVICE COMMISSION SHALL  CONSTI-
 TUTE  AN  ACCEPTANCE  OF  THE  DETERMINATION. IF ACCEPTED BY SUCH PUBLIC
 AUTHORITY OR MUNICIPAL CORPORATION, SUCH ACCEPTANCE SHALL CONSTITUTE THE
 FINAL AND CONCLUSIVE DETERMINATION FOR SUCH CLAIM. IF REJECTED  BY  SUCH
 PUBLIC  AUTHORITY  OR  MUNICIPAL  CORPORATION,  SUCH PUBLIC AUTHORITY OR
 MUNICIPAL CORPORATION SHALL RESUBMIT ITS CLAIM, WITHIN THIRTY DAYS AFTER
 RECEIPT OF THE CIVIL SERVICE COMMISSION'S  NOTIFICATION,  TOGETHER  WITH
 ITS  REASONS  FOR  OBJECTION  AND ANY ADDITIONAL DOCUMENTATION WHICH MAY
 JUSTIFY ITS CLAIM. UPON  RECEIPT  OF  A  RESUBMITTED  CLAIM,  THE  CIVIL
 SERVICE  COMMISSION  SHALL  REVIEW  SUCH  CLAIM AND WITHIN SIXTY DAYS OF
 RECEIPT OF SUCH RESUBMITTED CLAIM, MAKE A FINAL DETERMINATION AS TO  THE
 AMOUNT TO BE APPROVED FOR SUCH CLAIM. IF SUCH PUBLIC AUTHORITY OR MUNIC-
 IPAL  CORPORATION SHALL DISPUTE SUCH FINAL DETERMINATION IT MAY COMMENCE
 AN ACTION, WITHIN SIXTY DAYS OF SUCH FINAL DETERMINATION, IN  THE  COURT
 OF  CLAIMS  WHICH  SHALL  HAVE  JURISDICTION TO ADJUDICATE THE CLAIM AND
 ENTER JUDGMENT, WHICH  JUDGMENT  SHALL  BE  A  FINAL  DETERMINATION  FOR
 PURPOSES  OF  THIS  SECTION  AND SHALL BE PAYABLE IN ACCORDANCE WITH THE
 PROVISIONS OF THIS SECTION.

 S. 6898--B                          4
 
   7. THE CIVIL SERVICE COMMISSION SHALL CERTIFY ALL CLAIMS FOR  WHICH  A
 FINAL  DETERMINATION  HAS  BEEN MADE. THE CIVIL SERVICE COMMISSION SHALL
 SUBMIT ALL CERTIFIED CLAIMS TO THE  COMPTROLLER  OF  THE  DEPARTMENT  OF
 AUDIT AND CONTROL ON OR BEFORE THE FIRST DAY OF THE IMMEDIATELY SUCCEED-
 ING MONTH DURING WHICH  SUCH CLAIM WAS CERTIFIED.
   8.  ALL CLAIMS CERTIFIED BY THE CIVIL SERVICE COMMISSION SHALL BE PAID
 MONTHLY AND SHALL BE PAID UPON A WARRANT FROM THE COMPTROLLER.
   § 3. Section 6 of the civil service law is amended  by  adding  a  new
 subdivision 1-a to read as follows:
   1-A.  HAVE  THE  POWER TO REVIEW CLAIMS FOR REIMBURSEMENT SUBMITTED BY
 PUBLIC AUTHORITIES OR MUNICIPAL CORPORATIONS OUTSIDE OF A  CITY  WITH  A
 POPULATION  OF A MILLION OR MORE PURSUANT TO SECTION NINETY-TWO-D OF THE
 GENERAL MUNICIPAL LAW TO DETERMINE IF  SUCH  CLAIM  SHALL  BE  APPROVED,
 REDUCED,  AMENDED  OR  REJECTED.  SUCH REVIEW AND DETERMINATION SHALL BE
 MADE IN ACCORDANCE WITH SECTION NINETY-TWO-D OF  THE  GENERAL  MUNICIPAL
 LAW.
   § 4. Section 2 of chapter 273 of the laws of 2017, amending the gener-
 al  municipal  law  relating  to  granting  sick  leave for officers and
 employees with a qualifying World Trade Center condition, is amended  to
 read as follows:
   §  2.  The  state  shall  reimburse  any public authority or municipal
 corporation WITH A POPULATION of less than one million  people  for  the
 cost  of  any  line  duty sick leave granted pursuant to this act.  SUCH
 REIMBURSEMENT SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF SECTION
 92-D OF THE GENERAL MUNICIPAL LAW.
   § 5. The administrative code of the city of New  York  is  amended  by
 adding a new section 12-140 to read as follows:
   § 12-140 LINE OF DUTY SICK LEAVE FOR WORLD TRADE CENTER RESCUE, RECOV-
 ERY OR CLEANUP OPERATIONS.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGU-
 LATION  TO  THE  CONTRARY, OFFICERS AND EMPLOYEES OF A CITY WITH A POPU-
 LATION OF ONE MILLION OR MORE WHO (I) DO NOT RECEIVE BENEFITS SIMILAR TO
 THOSE PROVIDED BY THIS SECTION  PURSUANT  TO  A  COLLECTIVELY  BARGAINED
 AGREEMENT, SECTION 14-122.1 OF THIS CODE, SECTION 15-108.1 OF THIS CODE,
 OR  OTHER  STATUTORY  PROVISION AND (II) FILED AND RECEIVED APPROVAL FOR
 SUCH FILED NOTICE OF PARTICIPATION IN WORLD TRADE CENTER RESCUE,  RECOV-
 ERY  OR  CLEANUP  OPERATIONS  ENGAGED  IN WHILE EMPLOYED BY THE STATE, A
 PUBLIC AUTHORITY OR A MUNICIPAL CORPORATION AND SUBSEQUENTLY  DEVELOP  A
 QUALIFYING  WORLD  TRADE  CENTER CONDITION, AS DEFINED IN SECTION TWO OF
 THE RETIREMENT AND SOCIAL SECURITY LAW, SHALL, AFTER RECEIPT OF A  WRIT-
 TEN  REQUEST  FOR  LINE OF DUTY SICK LEAVE, BE GRANTED LINE OF DUTY SICK
 LEAVE COMMENCING ON THE DATE THAT SUCH EMPLOYEE  WAS  DIAGNOSED  WITH  A
 QUALIFYING WORLD TRADE CENTER CONDITION REGARDLESS OF WHETHER SUCH OFFI-
 CER  OR EMPLOYEE WAS EMPLOYED BY HIS OR HER CURRENT EMPLOYER AT THE TIME
 THAT SUCH OFFICER OR EMPLOYEE PARTICIPATED IN WORLD TRADE CENTER RESCUE,
 RECOVERY OR CLEANUP OPERATIONS. THE OFFICER OR EMPLOYEE SHALL BE COMPEN-
 SATED AT HIS OR HER REGULAR RATE OF PAY FOR  THOSE  REGULAR  WORK  HOURS
 DURING  WHICH  THE  OFFICER  OR EMPLOYEE IS ABSENT FROM WORK. SUCH LEAVE
 SHALL BE PROVIDED WITHOUT LOSS OF AN OFFICER OR EMPLOYEE'S ACCRUED  SICK
 LEAVE.  NOTHING IN THIS SECTION SHALL LIMIT AN EMPLOYER'S POWER PURSUANT
 TO ANOTHER PROVISION OF LAW TO DISCIPLINE  AN  OFFICER  OR  EMPLOYEE  BY
 TERMINATION,  REDUCTION  OF SALARY, OR ANY OTHER APPROPRIATE MEASURE; TO
 TERMINATE AN APPOINTEE WHO HAS NOT COMPLETED  HIS  OR  HER  PROBATIONARY
 TERM; AND TO APPLY FOR ORDINARY OR ACCIDENT DISABILITY RETIREMENT FOR AN
 OFFICER OR EMPLOYEE.
   § 6. The commissioner of the department of civil service, in consulta-
 tion  with  the state comptroller and the commissioner of the department

 S. 6898--B                          5
 
 of taxation and finance,  shall  promulgate  rules  and  regulations  to
 assist  with the implementation of section 92-d of the general municipal
 law.  Such rules and regulations shall be issued no later than  90  days
 after  this  act  shall  have  become  a  law. Notwithstanding any other
 provisions to the contrary in the state  administrative  procedure  act,
 such  rules  and  regulations  may  be  adopted on an emergency basis if
 necessary to meet such 90-day deadline.
   § 7. The commissioner of the department of taxation  and  finance,  in
 consultation  with the state comptroller, shall issue guidance regarding
 the tax treatment to officers and employees who have  received  restored
 sick  leave  no later than sixty days after this act shall have become a
 law.
   § 8. This act shall take effect immediately; provided that section one
 of this act shall be deemed to have been in full force and effect on the
 same date as chapter 273 of the laws of 2017; and provided further  that
 this  act  shall apply to all claims for reimbursement filed pursuant to
 section 92-d of the general municipal law, as amended by this  act;  and
 provided further, that any officer or employee who is currently employed
 by  a  city  with a population of one million or more who has been diag-
 nosed with a qualifying World Trade Center condition and is  using  sick
 leave  due  to  such  condition shall receive a restoration of such sick
 leave retroactive to the date such officer  or  employee  was  diagnosed
 with a qualifying World Trade Center condition.