Assembly Bill A4001

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4001
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Local Governments
 
 AN ACT to amend the general municipal law, in relation to ensuring  paid
   employees of the New York state division of military and naval affairs
   which  perform  fire  response  or fire rescue duties are eligible for
   equal benefits as other paid firefighters
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 1, 2, 5 and 7 of section 207-a of the general
 municipal law, subdivision 1 as amended by chapter 27  of  the  laws  of
 2021  and  subdivisions 2, 5 and 7 as amended by chapter 476 of the laws
 of 2018, are amended to read as follows:
   1. Any paid firefighter which term as used in this section shall  mean
 any  paid officer or member of an organized fire company or fire depart-
 ment of a city of less than one million population, or town, village  or
 fire  district,  or  any  paid firefighter of a county airport or county
 aviation department which performs fire response or fire rescue  duties,
 OR  ANY  PAID FIREFIGHTER EMPLOYED BY THE DIVISION OF MILITARY AND NAVAL
 AFFAIRS WHICH PERFORMS FIRE RESPONSE  OR  FIRE  RESCUE  DUTIES,  who  is
 injured  in the performance of [his or her] SUCH FIREFIGHTER'S duties or
 who is taken sick as a result of the performance of [his  or  her]  SUCH
 FIREFIGHTER'S  duties so as to necessitate medical or other lawful reme-
 dial treatment, shall be paid by the municipality or  fire  district  by
 which  [he  or  she]  SUCH FIREFIGHTER is employed, OR THE STATE IF SUCH
 FIREFIGHTER IS EMPLOYED BY SUCH, the full amount of [his  or  her]  SUCH
 FIREFIGHTER'S regular salary or wages until [his or her] SUCH FIREFIGHT-
 ER'S  disability  arising  therefrom  has ceased, and, in addition, such
 municipality [or], fire district OR THE STATE 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07590-01-5
              

 A. 4001                             2
 
 the  purpose  by  the municipality [or], fire district OR THE STATE, may
 attend any such injured or sick 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 OR THE STATE shall
 not be liable for salary or wages payable to such a 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 firefighter has recovered  and  is  physically  able  to
 perform [his or her] SUCH FIREFIGHTER'S regular duties in the company or
 department.  Any  injured or sick 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-
 ing  from  the application of subdivision two hereof, shall be deemed to
 have waived [his or her] SUCH FIREFIGHTER'S rights under this section in
 respect to expenses incurred for medical treatment or hospital  care  or
 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 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 firefighter who is permanently disabled as a result of an injury
 or sickness incurred or resulting from the performance of [his  or  her]
 SUCH  FIREFIGHTER'S  duties if such 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] SUCH FIREFIGHTER is a member; provided, however, that
 in any such case such firefighter shall continue  to  receive  from  the
 municipality  or  fire district by which [he or she] SUCH FIREFIGHTER is
 employed, OR THE STATE IF SUCH FIREFIGHTER IS EMPLOYED  BY  SUCH,  until
 such time as [he or she] SUCH FIREFIGHTER shall have attained the manda-
 tory  service retirement age applicable to [him or her] SUCH FIREFIGHTER
 or shall have attained the age or performed the period of service speci-
 fied by applicable law for the termination of [his or  her]  SUCH  FIRE-
 FIGHTER'S  service,  the  difference  between the amounts received under
 such allowance or pension and the amount of [his or her] SUCH FIREFIGHT-
 ER'S regular salary or wages. Any payment made  by  a  municipal  corpo-
 ration  [or],  fire  district OR THE STATE 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 firefighter,  application  therefor  may  be
 made  by  the head of the fire company [or], fire department OR DIVISION
 OF MILITARY AND NAVAL AFFAIRS or  as  otherwise  provided  by  the  fire
 district  or by the chief executive officer or local legislative body of
 the municipality by which such firefighter is employed. If such applica-
 tion 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 firefighter is employed
 OR THE DIVISION OF MILITARY AND NAVAL AFFAIRS may appeal  such  determi-
 nation.
 A. 4001                             3
 
   5.  The  appropriate  municipal [or], fire district OR STATE officials
 may transfer such a 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 firefighter shall consent
 thereto.
   7.  Notwithstanding  any  provision  of law contrary thereto contained
 herein or elsewhere, a cause of action shall accrue to the  municipality
 [or],  fire district OR STATE 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 firefighter shall
 have a cause of action for the injuries sustained.
   § 2. This act shall take effect immediately.