Senate Bill S642

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    642
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens. COMRIE, RAMOS, SEPULVEDA -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation
 
 AN  ACT  to  amend  the  public authorities law, in relation to employer
   liability for on-duty assaults of employees

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1266-l of the public authorities law, as added by
 chapter 668 of the laws of 2022, is renumbered section 1266-n and a  new
 section 1266-o is added to read as follows:
   §  1266-O. EMPLOYER LIABILITY FOR ON-DUTY ASSAULTS OF EMPLOYEES. 1. IF
 ANY EMPLOYEE, ENGAGED IN THE SERVICE OF ANY COMMUTER RAIL SERVICE  OWNED
 OR  OPERATED BY THE AUTHORITY OR ONE OF ITS SUBSIDIARIES, SHALL SUFFER A
 PHYSICAL AND/OR MENTAL INJURY THAT IS CAUSED BY A PASSENGER, CUSTOMER OR
 MEMBER OF THE PUBLIC WHILE THE EMPLOYEE IS PERFORMING AN ASSIGNED  DUTY,
 PURSUANT  TO  SUBDIVISION  ELEVEN  OF SECTION 120.05 OF THE PENAL LAW OR
 OTHERWISE, THE EMPLOYER SHALL  BE  LIABLE  FOR  ANY  HEALTH  CARE  COSTS
 ATTRIBUTABLE TO SUCH INJURY AND, IN CASES WHERE IT IS DETERMINED BY SUCH
 EMPLOYEE'S  HEALTH CARE PROVIDER THAT SUCH INJURED EMPLOYEE IS UNABLE TO
 PERFORM ASSIGNED REGULAR DUTIES DUE TO SUCH INJURY, SUCH EMPLOYEE  SHALL
 BE  COMPENSATED  BY THE EMPLOYER AT AN AMOUNT NOT LESS THAN THE EMPLOYEE
 WOULD HAVE EARNED ON THE ASSIGNMENT THEY WOULD HAVE  WORKED  UNTIL  SUCH
 TIME  THAT  SUCH  EMPLOYEE IS DESIGNATED ABLE TO RETURN TO WORK BY THEIR
 HEALTH CARE PROVIDER, OR IS FOUND PERMANENTLY DISABLED AS  A  RESULT  OF
 SUCH  INJURY,  OR  IF  SUCH EMPLOYEE IS GRANTED AN ACCIDENTAL DISABILITY
 RETIREMENT ALLOWANCE, A RETIREMENT FOR DISABILITY INCURRED  IN  PERFORM-
 ANCE OF DUTY ALLOWANCE OR SIMILAR ACCIDENTAL DISABILITY PENSION PROVIDED
 BY  THE  PENSION  FUND OF WHICH SUCH EMPLOYEE IS A MEMBER, OR UNTIL SUCH
 TIME THAT SUCH EMPLOYEE LEAVES THEIR EMPLOYMENT WITH  THE  AUTHORITY  OR
 SUBSIDIARY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02483-01-5
 S. 642                              2
 
   2.  NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS,
 PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE  BARGAINING
 AGREEMENT  OR  EMPLOYMENT CONTRACT.  NOTHING IN THIS SECTION IS INTENDED
 TO SUPERSEDE OR CONFLICT WITH FEDERAL LAWS, RULES OR REGULATIONS.
   3.  NOTWITHSTANDING  ANY  PROVISION  OF LAW CONTRARY THERETO CONTAINED
 HEREIN OR ELSEWHERE, A CAUSE OF ACTION SHALL ACCRUE TO THE AUTHORITY  OR
 ITS  SUBSIDIARIES FOR REIMBURSEMENT IN SUCH SUM OR SUMS ACTUALLY PAID AS
 SALARY OR WAGES AND FOR HEALTH CARE COSTS AS  AGAINST  ANY  THIRD  PARTY
 AGAINST  WHOM  THE  EMPLOYEE SHALL HAVE A CAUSE OF ACTION FOR THE INJURY
 SUSTAINED OR SICKNESS CAUSED BY SUCH THIRD PARTY.
   § 2. This act shall take effect immediately.