senate Bill S6061B

2019-2020 Legislative Session

Relates to participation in World Trade Center rescue, recovery or cleanup operations by members of the state police; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Civil Service And Pensions Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 18, 2020 print number 6061b
Mar 18, 2020 amend and recommit to civil service and pensions
Jan 08, 2020 referred to civil service and pensions
Jun 14, 2019 print number 6061a
Jun 14, 2019 amend and recommit to civil service and pensions
May 16, 2019 referred to civil service and pensions

S6061 - Details

Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §363-bb, rpld §363-bb sub h ¶1 sub¶ (d), R & SS L; amd §161, Work Comp L

S6061 - Summary

Includes members of the state police who drove or rode in vehicles used in cleanup operations within the definition of participation in World Trade Center rescue, recovery or cleanup operations.

S6061 - Sponsor Memo

S6061 - Bill Text download pdf


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

                                  6061

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 16, 2019
                               ___________

Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN  ACT to amend the retirement and social security law and the workers'
  compensation law, in relation to participation in World  Trade  Center
  rescue, recovery or cleanup operations by members of the state police;
  and to repeal certain provisions of the retirement and social security
  law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (a) of paragraph 1 of subdivision h of section
363-bb of the retirement and social security law, as amended by  chapter
93 of the laws of 2005, is amended to read as follows:
  (a)  Notwithstanding any provisions of this chapter or of any general,
special or local law, charter, administrative code or rule or regulation
to the contrary, any condition or impairment of health caused by a qual-
ifying condition or impairment of health resulting in  disability  to  a
member who participated in World Trade Center rescue, recovery or clean-
up operations for a minimum of forty hours shall be presumptive evidence
that  it  was  incurred in the performance and discharge of duty and the
natural and proximate result of an accident not caused by such  member's
own  willful  negligence,  unless  the  contrary  be proved by competent
evidence. A member shall be eligible for the  presumption  provided  for
under  this  paragraph  notwithstanding the fact that the member did not
participate in World Trade Center recovery and cleanup operations for  a
minimum  of  forty  hours, provided that: (i) the member participated in
the rescue, recovery, or cleanup operations at the  World  Trade  Center
site between September eleventh, two thousand one and September twelfth,
two thousand one; (ii) the member sustained a documented physical injury
at  the World Trade Center site between September eleventh, two thousand
one and September twelfth, two thousand one that is a qualifying  condi-
tion  or impairment of health resulting in disability to the member that

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

S6061A - Details

Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §363-bb, rpld §363-bb sub h ¶1 sub¶ (d), R & SS L; amd §161, Work Comp L

S6061A - Summary

Includes members of the state police who drove or rode in vehicles used in cleanup operations within the definition of participation in World Trade Center rescue, recovery or cleanup operations.

S6061A - Sponsor Memo

S6061A - Bill Text download pdf


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

                                 6061--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 16, 2019
                               ___________

Introduced by Sen. GOUNARDES -- 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 retirement and social security law and the  workers'
  compensation  law,  in relation to participation in World Trade Center
  rescue, recovery or cleanup operations by members of the state police;
  and to repeal certain provisions of the retirement and social security
  law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (a) of paragraph 1 of subdivision h of section
363-bb  of the retirement and social security law, as amended by chapter
93 of the laws of 2005, is amended to read as follows:
  (a) Notwithstanding any provisions of this chapter or of any  general,
special or local law, charter, administrative code or rule or regulation
to the contrary, any condition or impairment of health caused by a qual-
ifying  condition  or  impairment of health resulting in disability to a
member who participated in World Trade Center rescue, recovery or clean-
up operations for a minimum of forty hours shall be presumptive evidence
that it was incurred in the performance and discharge of  duty  and  the
natural  and proximate result of an accident not caused by such member's
own willful negligence, unless  the  contrary  be  proved  by  competent
evidence.  A  member  shall be eligible for the presumption provided for
under this paragraph notwithstanding the fact that the  member  did  not
participate  in World Trade Center recovery and cleanup operations for a
minimum of forty hours, provided that: (i) the  member  participated  in
the  rescue,  recovery,  or cleanup operations at the World Trade Center
site between September eleventh, two thousand one and September twelfth,
two thousand one; (ii) the member sustained a documented physical injury
at the World Trade Center site between September eleventh, two  thousand

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

S6061B (ACTIVE) - Details

Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §363-bb, rpld §363-bb sub h ¶1 sub¶ (d), R & SS L; amd §161, Work Comp L

S6061B (ACTIVE) - Summary

Includes members of the state police who drove or rode in vehicles used in cleanup operations within the definition of participation in World Trade Center rescue, recovery or cleanup operations.

S6061B (ACTIVE) - Sponsor Memo

S6061B (ACTIVE) - Bill Text download pdf


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

                                 6061--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 16, 2019
                               ___________

Introduced by Sen. GOUNARDES -- 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 -- recommitted to the  Committee  on
  Civil Service and Pensions 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 retirement and social security law and the  workers'
  compensation  law,  in relation to participation in World Trade Center
  rescue, recovery or cleanup operations by members of the state police;
  and to repeal certain provisions of the retirement and social security
  law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (a) of paragraph 1 of subdivision h of section
363-bb  of the retirement and social security law, as amended by chapter
93 of the laws of 2005, is amended to read as follows:
  (a) Notwithstanding any provisions of this chapter or of any  general,
special or local law, charter, administrative code or rule or regulation
to the contrary, any condition or impairment of health caused by a qual-
ifying  condition  or  impairment of health resulting in disability to a
member who participated in World Trade Center rescue, recovery or clean-
up operations for a minimum of forty hours shall be presumptive evidence
that it was incurred in the performance and discharge of  duty  and  the
natural  and proximate result of an accident not caused by such member's
own willful negligence, unless  the  contrary  be  proved  by  competent
evidence.  A  member  shall be eligible for the presumption provided for
under this paragraph notwithstanding the fact that the  member  did  not
participate  in World Trade Center recovery and cleanup operations for a
minimum of forty hours, provided that: (i) the  member  participated  in
the  rescue,  recovery,  or cleanup operations at the World Trade Center

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

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