S T A T E O F N E W Y O R K
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1233
2021-2022 Regular Sessions
I N A S S E M B L Y
January 7, 2021
___________
Introduced by M. of A. BUTTENSCHON -- read once and referred to the
Committee on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
establishing a dangerous employment benefit for law enforcement offi-
cers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The retirement and social security law is amended by adding
a new section 65 to read as follows:
§ 65. DANGEROUS EMPLOYMENT BENEFIT; LAW ENFORCEMENT OFFICERS. A.
NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, EVERY
LAW ENFORCEMENT OFFICER EMPLOYED WITHIN THE STATE SHALL RECEIVE A FIVE
HUNDRED THOUSAND DOLLAR DANGEROUS EMPLOYMENT BENEFIT IF HE OR SHE
BECOMES SERIOUSLY PHYSICALLY OR MENTALLY INCAPACITATED OR DIES AS THE
RESULT OF AN INJURY, SUSTAINED IN THE PERFORMANCE OR DISCHARGE OF DUTIES
OR AS THE NATURAL AND PROXIMATE RESULT OF AN INCIDENT THAT OCCURRED
DURING SUCH PERFORMANCE OF DUTIES.
B. LAW ENFORCEMENT OFFICER SHALL MEAN:
1. A SWORN MEMBER OF THE DIVISION OF STATE POLICE;
2. SHERIFFS, UNDER-SHERIFFS, DEPUTY SHERIFFS OR CORRECTIONS OFFICERS
OF COUNTIES OUTSIDE OF THE CITY OF NEW YORK;
3. A SWORN OFFICER OF AN AUTHORIZED COUNTY OR COUNTY PARKWAY POLICE
DEPARTMENT;
4. A SWORN OFFICER OF AN AUTHORIZED POLICE DEPARTMENT OR FORCE OF A
CITY, TOWN, VILLAGE OR POLICE DISTRICT;
5. A SWORN OFFICER OF AN AUTHORIZED POLICE DEPARTMENT OF AN AUTHORITY
OR A SWORN OFFICER OF THE STATE REGIONAL PARK POLICE IN THE OFFICE OF
PARKS AND RECREATION;
6. A SWORN OFFICER OF THE CAPITAL POLICE FORCE OF THE OFFICE OF GENER-
AL SERVICES;
7. AN INVESTIGATOR EMPLOYED IN THE OFFICE OF A DISTRICT ATTORNEY;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02240-01-1
A. 1233 2
8. AN INVESTIGATOR EMPLOYED BY A COMMISSION CREATED BY AN INTERSTATE
COMPACT WHO IS, TO A SUBSTANTIAL EXTENT, ENGAGED IN THE ENFORCEMENT OF
THE CRIMINAL LAWS OF THIS STATE;
9. THE CHIEF AND DEPUTY FIRE MARSHALS, THE SUPERVISING FIRE MARSHALS
AND THE FIRE MARSHALS OF THE BUREAU OF FIRE INVESTIGATION OF THE NEW
YORK CITY FIRE DEPARTMENT;
10. A SWORN OFFICER OF THE DIVISION OF LAW ENFORCEMENT IN THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION;
11. A SWORN OFFICER OF A POLICE FORCE OF A PUBLIC AUTHORITY CREATED BY
AN INTERSTATE COMPACT;
12. LONG ISLAND RAILROAD POLICE;
13. A SPECIAL INVESTIGATOR EMPLOYED IN THE STATEWIDE ORGANIZED CRIME
TASK FORCE, WHILE PERFORMING HIS OR HER ASSIGNED DUTIES PURSUANT TO
SECTION SEVENTY-A OF THE EXECUTIVE LAW;
14. A SWORN OFFICER OF THE WESTCHESTER COUNTY DEPARTMENT OF PUBLIC
SAFETY SERVICES WHO, ON OR PRIOR TO JUNE THIRTIETH, NINETEEN HUNDRED
SEVENTY-NINE WAS APPOINTED AS A SWORN OFFICER OF THE DIVISION OF WEST-
CHESTER COUNTY PARKWAY POLICE OR WHO WAS APPOINTED ON OR AFTER JULY
FIRST, NINETEEN HUNDRED SEVENTY-NINE TO THE TITLE OF POLICE OFFICER,
SERGEANT, LIEUTENANT, CAPTAIN OR INSPECTOR OR WHO, ON OR PRIOR TO JANU-
ARY THIRTY-FIRST, NINETEEN HUNDRED EIGHTY-THREE, WAS APPOINTED AS A
WESTCHESTER COUNTY DEPUTY SHERIFF;
15. A SWORN OFFICER OF THE WATER-SUPPLY POLICE EMPLOYED BY THE CITY OF
NEW YORK, APPOINTED TO PROTECT THE SOURCES, WORKS, AND TRANSMISSION OF
WATER SUPPLIED TO THE CITY OF NEW YORK, AND TO PROTECT PERSONS ON OR IN
THE VICINITY OF SUCH WATER SOURCES, WORKS, AND TRANSMISSION;
16. PERSONS APPOINTED AS RAILROAD POLICE OFFICERS PURSUANT TO SECTION
EIGHTY-EIGHT OF THE RAILROAD LAW;
17. AN EMPLOYEE OF THE DEPARTMENT OF TAXATION AND FINANCE (I) ASSIGNED
TO ENFORCEMENT OF THE TAXES IMPOSED UNDER OR PURSUANT TO THE AUTHORITY
OF ARTICLE TWELVE-A OF THE TAX LAW AND ADMINISTERED BY THE COMMISSIONER
OF TAXATION AND FINANCE, TAXES IMPOSED UNDER OR PURSUANT TO THE AUTHORI-
TY OF ARTICLE EIGHTEEN OF THE TAX LAW AND ADMINISTERED BY THE COMMIS-
SIONER, TAXES IMPOSED UNDER ARTICLE TWENTY OF THE TAX LAW, OR SALES OR
COMPENSATING USE TAXES RELATING TO PETROLEUM PRODUCTS OR CIGARETTES
IMPOSED UNDER ARTICLE TWENTY-EIGHT OR PURSUANT TO THE AUTHORITY OF ARTI-
CLE TWENTY-NINE OF THE TAX LAW AND ADMINISTERED BY THE COMMISSIONER OR
(II) DESIGNATED AS A REVENUE CRIMES SPECIALIST AND ASSIGNED TO THE
ENFORCEMENT OF THE TAXES DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION FOUR
OF SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW, FOR THE PURPOSE OF APPLY-
ING FOR AND EXECUTING SEARCH WARRANTS UNDER ARTICLE SIX HUNDRED NINETY
OF THE CRIMINAL PROCEDURE LAW, FOR THE PURPOSE OF ACTING AS A CLAIMING
AGENT UNDER ARTICLE THIRTEEN-A OF THE CIVIL PRACTICE LAW AND RULES IN
CONNECTION WITH THE ENFORCEMENT OF THE TAXES REFERRED TO ABOVE AND FOR
THE PURPOSE OF EXECUTING WARRANTS OF ARREST RELATING TO THE RESPECTIVE
CRIMES SPECIFIED IN SUBDIVISION FOUR OF SECTION 2.10 OF THE CRIMINAL
PROCEDURE LAW;
18. ANY EMPLOYEE OF THE SUFFOLK COUNTY DEPARTMENT OF PARKS WHO IS
APPOINTED AS A SUFFOLK COUNTY PARK POLICE OFFICER;
19. A UNIVERSITY POLICE OFFICER APPOINTED BY THE STATE UNIVERSITY
PURSUANT TO PARAGRAPH L OF SUBDIVISION TWO OF SECTION THREE HUNDRED
FIFTY-FIVE OF THE EDUCATION LAW;
20. A SWORN OFFICER OF THE DEPARTMENT OF PUBLIC SAFETY OF THE BUFFALO
MUNICIPAL HOUSING AUTHORITY WHO HAS ACHIEVED OR BEEN GRANTED THE STATUS
OF SWORN POLICE OFFICER AND HAS BEEN CERTIFIED BY THE DIVISION OF CRIMI-
A. 1233 3
NAL JUSTICE SERVICES AS SUCCESSFULLY COMPLETING AN APPROVED BASIC COURSE
FOR POLICE OFFICERS;
21. PERSONS APPOINTED AS INDIAN POLICE OFFICERS PURSUANT TO SECTION
ONE HUNDRED FOURTEEN OF THE INDIAN LAW;
22. SUPERVISOR OF FOREST RANGER SERVICES; ASSISTANT SUPERVISOR OF
FOREST RANGER SERVICES; FOREST RANGER 3; FOREST RANGER 2; FOREST RANGER
1 EMPLOYED BY THE STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OR
SWORN OFFICER OF THE DIVISION OF FOREST PROTECTION AND FIRE MANAGEMENT
IN THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION RESPONSIBLE FOR WILD
LAND SEARCH AND RESCUE, WILD LAND FIRE MANAGEMENT IN THE STATE AS
PRESCRIBED IN SUBDIVISION EIGHTEEN OF SECTION 9-0105 AND TITLE ELEVEN OF
ARTICLE NINE OF THE ENVIRONMENTAL CONSERVATION LAW, EXERCISING CARE,
CUSTODY AND CONTROL OF STATE LANDS ADMINISTERED BY THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION.
23. UNIFORMED PERSONNEL IN INSTITUTIONS UNDER THE JURISDICTION OF THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
C. THE DANGEROUS EMPLOYMENT BENEFIT SHALL NOT BE DIMINISHED BY ANY
OTHER BENEFIT SUCH INDIVIDUAL OR HIS OR HER BENEFICIARY WOULD BE ENTI-
TLED TO RECEIVE.
§ 2. Section 50 of the legislative law shall not apply to the
provisions of this act.
§ 3. This act shall take effect immediately.