Assembly Bill A3406

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3406
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Local Governments
 
 AN ACT to amend the general municipal law, in relation  to  the  compen-
   sation  of  certain  emergency  medical  technicians who are providing
   emergency medical services, and their supervisors, during outbreaks of
   infectious diseases

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  municipal  law  is  amended by adding a new
 section 208-i to read as follows:
   § 208-I. HAZARDOUS PAY DIFFERENTIAL FOR EMERGENCY MEDICAL  TECHNICIANS
 AND  ADVANCED EMERGENCY MEDICAL TECHNICIANS. 1. ANY EMPLOYEE OF THE CITY
 OF NEW YORK OR THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION  IN  A
 TITLE  WHOSE  DUTIES  ARE  THOSE  OF  AN EMERGENCY MEDICAL TECHNICIAN OR
 ADVANCED EMERGENCY MEDICAL TECHNICIAN, AS  SUCH  TERMS  ARE  DEFINED  IN
 SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW, OR IN A TITLE WHOSE
 DUTIES REQUIRE THE SUPERVISION OF EMPLOYEES WHOSE DUTIES ARE THOSE OF AN
 EMERGENCY  MEDICAL  TECHNICIAN OR ADVANCED EMERGENCY MEDICAL TECHNICIAN,
 AS SUCH TERMS ARE DEFINED IN SECTION THREE THOUSAND ONE  OF  THE  PUBLIC
 HEALTH  LAW,  SHALL BE ENTITLED TO A HAZARDOUS PAY DIFFERENTIAL FOR WORK
 PERFORMED IN CONNECTION WITH THE PROVISION OF EMERGENCY  MEDICAL  TREAT-
 MENT,  AS  DEFINED IN SECTION THREE THOUSAND-A OF THE PUBLIC HEALTH LAW,
 DURING AN OUTBREAK OF AN INFECTIOUS DISEASE AFFECTING NEW YORK CITY.
   2. THE HAZARDOUS PAY DIFFERENTIAL SHALL BE CALCULATED AT THE  RATE  OF
 THE  EMPLOYEE'S  REGULAR  RATE  OF  PAY,  PLUS  TEN PERCENT. THE AMOUNTS
 RECEIVED AS HAZARDOUS PAY PURSUANT TO THE  PROVISIONS  OF  THIS  SECTION
 SHALL  BE  REGARDED  AS  SALARY  OR COMPENSATION FOR THE PURPOSES OF ANY
 PENSION OR RETIREMENT SYSTEM OF WHICH THE EMPLOYEE RECEIVING SUCH PAY IS
 A MEMBER. SUCH HAZARDOUS PAY SHALL NOT BE REGARDED AS SALARY OR  COMPEN-
 SATION FOR THE PURPOSE OF DETERMINING THE RIGHT TO ANY INCREASE OF SALA-
 RY OR ANY SALARY INCREMENT ON ACCOUNT OF LENGTH OF SERVICE OR OTHERWISE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05837-01-5
              

 A. 3406                             2
 
 NOR SHALL THE PAYMENT OF SUCH HAZARDOUS PAY BE CONSTRUED TO CONSTITUTE A
 PROMOTION.
   3.  FOR PURPOSES OF THIS SECTION, AN OUTBREAK OF AN INFECTIOUS DISEASE
 SHALL BE DEEMED TO OCCUR IN ANY  OF  THE  FOLLOWING  CIRCUMSTANCES:  (A)
 DURING  THE PERIOD IN WHICH THE GOVERNOR DECLARES A STATE DISASTER EMER-
 GENCY ARISING FROM AN INFECTIOUS DISEASE  PURSUANT  TO  SECTION  TWENTY-
 EIGHT OF THE EXECUTIVE LAW; (B) DURING THE PERIOD IN WHICH THE SECRETARY
 OF  HEALTH  AND HUMAN SERVICES DECLARES A PUBLIC HEALTH EMERGENCY DUE TO
 THE SIGNIFICANT OUTBREAK OF INFECTIOUS DISEASES PURSUANT  TO  42  U.S.C.
 247D;  (C)  DURING THE PERIOD IN WHICH THE PRESIDENT DECLARES A NATIONAL
 EMERGENCY DUE TO INFECTIOUS DISEASE PURSUANT TO 50 U.S.C. 1621;  OR  (D)
 DURING  THE PERIOD IN WHICH THE PRESIDENT DECLARES AN EMERGENCY PURSUANT
 TO 42 U.S.C. 5191. THE DIFFERENTIAL PAY TO WHICH COVERED  EMPLOYEES  ARE
 ENTITLED  SHALL  COMMENCE  ON THE DATE OF ANY SUCH DECLARATION AND SHALL
 REMAIN IN EFFECT UNTIL ALL APPLICABLE DECLARATIONS HAVE BEEN RESCINDED.
   § 2. This act shall take effect immediately.