Assembly Bill A5087

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5087
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 Introduced  by  M.  of  A.  O'PHARROW  --  read once and referred to the
   Committee on Labor
 
 AN ACT to amend the military law and the workers' compensation  law,  in
   relation  to  participation in World Trade Center rescue, recovery and
   cleanup operations by members of the organized militia

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  6 of the military law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. NOTWITHSTANDING ANY OTHER LAW, REGULATION OR RULE TO THE  CONTRA-
 RY, AN ORDER INTO ACTIVE SERVICE OF THE ORGANIZED MILITIA AS PART OF THE
 WORLD TRADE CENTER RESCUE, RECOVERY AND CLEANUP OPERATIONS SHALL QUALIFY
 SUCH  MEMBER  OF  THE  ORGANIZED  MILITIA  AS  AN EMPLOYEE UNDER ARTICLE
 EIGHT-A OF THE WORKERS' COMPENSATION LAW.   FOR  THE  PURPOSES  OF  THIS
 SUBDIVISION, "ORGANIZED MILITIA" SHALL MEAN MEMBERS OF THE NEW YORK ARMY
 NATIONAL  GUARD,  THE  NEW  YORK  AIR NATIONAL GUARD, THE NEW YORK NAVAL
 MILITIA, AND THE NEW YORK GUARD. ALTERNATIVE  PROOF  OF  AN  ORDER  INTO
 ACTIVE  SERVICE  OF  THE  ORGANIZED  MILITIA  AS PART OF THE WORLD TRADE
 CENTER RESCUE, RECOVERY, AND CLEANUP OPERATIONS, AS  DETERMINED  BY  THE
 DIVISION    OF   MILITARY   AND   NAVAL   AFFAIRS, INCLUDING THIRD-PARTY
 VERIFICATION  AND WITNESS PRESENCE STATEMENTS AS INCLUDED IN THE FEDERAL
 JAMES ZADROGA 9/11 HEALTH AND  COMPENSATION  ACT OF   2010, AS  AMENDED,
 SHALL  QUALIFY SUCH MEMBER OF THE ORGANIZED MILITIA AS AN EMPLOYEE UNDER
 ARTICLE EIGHT-A OF THE WORKERS' COMPENSATION LAW.
   § 2. The opening paragraph of subdivision 1  of  section  161  of  the
 workers'  compensation law, as added by chapter 446 of the laws of 2006,
 is amended to read as follows:
   "Participant in World Trade Center rescue, recovery, or cleanup  oper-
 ations" means any (a) employee, INCLUDING MEMBERS OF THE ORGANIZED MILI-
 TIA AS PROVIDED IN SUBDIVISION ONE-A OF SECTION SIX OF THE MILITARY LAW,
 who  within the course of employment, or (b) volunteer upon presentation
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06849-01-5
              

 A. 5087                             2
 
 to the board of evidence satisfactory to the  board  that  [he  or  she]
 THEY:
   § 3. Section 169 of the workers' compensation law is amended by adding
 a new subdivision 3 to read as follows:
   3.  NOTWITHSTANDING  SECTION  EIGHTEEN  OR  TWENTY-EIGHT  OR ANY OTHER
 PROVISION OF THIS CHAPTER, ANY CLAIMANT WHO WAS A MEMBER OF  THE  ORGAN-
 IZED  MILITIA  WHO  WAS  PREVIOUSLY PROHIBITED FROM FILING A CLAIM UNDER
 THIS ARTICLE MAY REFILE SUCH CLAIM OR CLAIMS WITHIN  TWO  YEARS  OF  THE
 EFFECTIVE  DATE  OF THIS SUBDIVISION.  THE BOARD SHALL ACCEPT PROOF OF A
 MEMBER OF THE ORGANIZED MILITIA'S SERVICE AS DETERMINED BY THE  DIVISION
 OF  MILITARY  AND  NAVAL AFFAIRS PURSUANT TO SECTION SIX OF THE MILITARY
 LAW.
   § 4. This act shall take effect immediately.