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A08321 Summary:

BILL NOA08321C
 
SAME ASSAME AS S06542-B
 
SPONSORSimon
 
COSPNSRMayer, Woerner, Ortiz, Peoples-Stokes, Thiele, Gottfried, Paulin, Simotas, Niou, Barrett, Rosenthal L, Malliotakis, Mosley, Jaffee, Williams, Glick, Fahy, D'Urso, Galef, De La Rosa, Magnarelli, McDonald, Seawright, Walsh, Davila
 
MLTSPNSRCahill, Lifton
 
Amd Various Laws, generally
 
Relates to replacing all instances of the words or variations of the words fireman or policeman with the words firefighter or police officer or variation thereof.
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A08321 Actions:

BILL NOA08321C
 
06/08/2017referred to governmental employees
06/13/2017amend and recommit to governmental employees
06/13/2017print number 8321a
06/20/2017amend and recommit to governmental employees
06/20/2017print number 8321b
06/21/2017reference changed to ways and means
06/21/2017reported referred to rules
06/21/2017reported
06/21/2017rules report cal.684
06/21/2017ordered to third reading rules cal.684
01/03/2018ordered to third reading cal.601
02/05/2018amended on third reading 8321c
05/01/2018substituted by s6542b
 S06542 AMEND=B LITTLE
 06/01/2017REFERRED TO CIVIL SERVICE AND PENSIONS
 06/14/2017AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
 06/14/2017PRINT NUMBER 6542A
 06/15/2017COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/15/2017ORDERED TO THIRD READING CAL.1817
 06/19/2017PASSED SENATE
 06/19/2017DELIVERED TO ASSEMBLY
 06/19/2017referred to governmental employees
 01/03/2018died in assembly
 01/03/2018returned to senate
 01/03/2018REFERRED TO CIVIL SERVICE AND PENSIONS
 01/25/2018AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
 01/25/2018PRINT NUMBER 6542B
 01/29/20181ST REPORT CAL.302
 01/30/20182ND REPORT CAL.
 02/05/2018ADVANCED TO THIRD READING
 04/23/2018PASSED SENATE
 04/23/2018DELIVERED TO ASSEMBLY
 04/23/2018referred to ways and means
 05/01/2018substituted for a8321c
 05/01/2018ordered to third reading cal.601
 05/01/2018passed assembly
 05/01/2018returned to senate
 12/18/2018DELIVERED TO GOVERNOR
 12/28/2018SIGNED CHAP.476
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A08321 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8321C
 
SPONSOR: Simon
  TITLE OF BILL: An act to amend the civil service law, the executive law, the legisla- tive law, the public officers law, the workers' compensation law, the railroad law, the labor law, the vehicle and traffic law, the public authorities law, the public housing law, the public health law, the general municipal law, the second class cities law, the local finance law, the municipal home rule law, the general city law, the town law, the county law, the military law, the village law, the education law, the mental hygiene law, the Indian law, the retirement and social secu- rity law, the insurance law, the not-for-profit corporation law, the tax law, the general business law, the social services law, the penal law, the transportation corporations law, the multiple residence law, the correction law, the criminal procedure law, the real property tax law, the racing, pari-mutuel wagering and breeding law, the uniform justice court act, the New York city criminal court act, the administrative code of the city of New York, and the volunteer firefighters' benefit law, in relation to replacing all instances of the words or variations of the words fireman or policeman with the words firefighter or police officer or variation thereof   PURPOSE OR GENERAL IDEA OF BILL: This bill would replace all Instances of the words or variations of the words fireman or policeman with the words firefighter or police officer in order to update antiquated and inaccurate language and promote participation in the professions regardless of gender.   SUMMARY OF PROVISIONS: To amend the civil service law, the executive law, the legislative law, the public officers law, the worker's compensation law, the railroad law, the labor law, the vehicle and traffic law, the public authorities law, the public housing law, the public health law, the general munici- pal law, the second class cities law, the local finance law, the munici- pal home rule law, the general city law, the town law, the county law, the military law, the village law, the education law, the mental hygiene law, the Indian law, the retirement and social security law, the insur- ance law, the not-for-profit corporation law, the tax law, the general business law, the social services law, the penal law, the transportation corporations law, the multiple residence law, the correction law, the criminal procedure law, the real property tax law, the racing, pail-mu- tual wagering and breeding law, the uniform justice court act, the New York city criminal court act, the administrative code of the city of New York, and the volunteer firefighters' benefit law, in relation to replacing all instances of the words or variations of the words fireman or policeman with the words firefighter or police officer or variation thereof.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Makes technical changes.   JUSTIFICATION: Use of gendered language in reference to police officers and firefight- ers is antiquated and inaccurate. It also promotes an outdated worldview that may suggest to some that the professions of law enforcement and firefighting are available exclusively; to men or that there is some- thing unusual about the participation of women. The New York City Police Department (NYPD) has employed women as police officers since the early nineteen hundreds. Originally designated as the Policewomen Bureau, the Police Department removed the distinction in 1973 and implemented the first gender-neutral civil service exam for police officers. The first female promoted to Deputy Chief occurred in 1978. To this day, women serve as some of the highest ranking officers of the Department, includ- ing Deputy Commissioners and Bureau Chiefs. The New York City Fire Department (FDNY) has made similar strides. The New York City Fire Department has accepted female firefighters since 1982. The use of Willis such as "firemen" and other male pronouns in state law denies the legacy of those trailblazing female firefighters and minimalizes the work of female firefighters in the decades since and at present day. Under the current FDNY administration, the Department has placed a priority upon increasing diversity though targeted recruitment of women. The number of female firefighters and officers in the department is steadily on the rise, and through the Department's commitment and efforts, we expect that trend to continue. However, the goal of diver- sification is not simply boosting the number of female firefighters, but broad inclusion of women in every aspect of the department. The New York City Fire Department recognizes the importance of terms and titles and has for decades used the term "firefighter" in official verbal and writ- ten communications. It is appropriate that the same level of respect and acknowledgment be given in the laws that govern the community that female firefighters and police officers risk their lives to protect. By stamping out anachronistic gender-specific language, professions that were once seen as nontraditional for women are more likely to appeal to all people, regardless of gender.   PRIOR LEGISLATIVE HISTORY: None.   EFFECTIVE DATE: Immediately.
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A08321 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8321--C
                                                                Cal. No. 601
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 8, 2017
                                       ___________
 
        Introduced  by  M.  of  A. SIMON, MAYER, WOERNER, ORTIZ, PEOPLES-STOKES,
          THIELE,  GOTTFRIED,  PAULIN,  SIMOTAS,  NIOU,  BARRETT,  L. ROSENTHAL,
          MALLIOTAKIS,  MOSLEY,  JAFFEE,  WILLIAMS, HARRIS, GLICK, FAHY, D'URSO,
          GALEF -- Multi-Sponsored by -- M. of A. CAHILL, LIFTON  --  read  once
          and  referred  to the Committee on Governmental Employees -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-
          ments,  ordered reprinted as amended and recommitted to said committee
          -- ordered to a third reading, amended and ordered reprinted,  retain-
          ing its place on the order of third reading
 
        AN  ACT  to amend the civil service law, the executive law, the legisla-
          tive law, the public officers law, the workers' compensation law,  the
          railroad  law,  the labor law, the vehicle and traffic law, the public
          authorities law, the public housing law, the public  health  law,  the
          general  municipal law, the second class cities law, the local finance
          law, the municipal home rule law, the general city law, the town  law,
          the  county law, the military law, the village law, the education law,
          the mental hygiene law, the Indian  law,  the  retirement  and  social
          security  law,  the insurance law, the not-for-profit corporation law,
          the tax law, the general business law, the social  services  law,  the
          penal law, the transportation corporations law, the multiple residence
          law, the correction law, the criminal procedure law, the real property
          tax  law,  the  racing,  pari-mutuel  wagering  and  breeding law, the
          uniform justice court act, the New York city criminal court  act,  the
          administrative  code  of the city of New York, and the volunteer fire-
          fighters' benefit law, in relation to replacing all instances  of  the
          words  or  variations of the words fireman or policeman with the words
          firefighter or police officer or variation thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11359-09-8

        A. 8321--C                          2
 
     1    Section  1. The article heading of article 6 of the civil service law,
     2  as added by chapter 790 of the laws of  1958,  is  amended  to  read  as
     3  follows:
     4              SPECIAL RIGHTS FOR VETERANS AND EXEMPT VOLUNTEER
     5                           [FIREMEN] FIREFIGHTERS
     6    §  2. Subdivision 4-b of section 23 of the civil service law, as added
     7  by chapter 785 of the laws of 1971, is amended to read as follows:
     8    4-b. Geographic certification based on need.  A  municipal  commission
     9  having  jurisdiction  over  a  city  or  civil division may provide that
    10  eligibles, other than those eligibles on [policemen and firemen]  police
    11  officer and firefighter lists, who are residents of a geographically-de-
    12  fined  area  which  is a portion of such city or civil division shall be
    13  certified first for appointment to positions in such area where in order
    14  to qualify for federal  moneys  such  certification  is  required.  Upon
    15  exhaustion  of the list of such resident eligibles, certifications shall
    16  be made from the whole eligible list.
    17    § 3. Section 86 of the civil service law, as amended by chapter 283 of
    18  the laws of 1972, is amended to read as follows:
    19    § 86. Transfer of veterans or exempt volunteer [firemen]  firefighters
    20  upon  abolition  of positions. If the position in the non-competitive or
    21  in the labor class held by any honorably discharged veteran of the armed
    22  forces of the United States who served therein in time of war as defined
    23  in section eighty-five of this chapter, or by an exempt volunteer [fire-
    24  man] firefighter as defined in the general municipal law,  shall  become
    25  unnecessary  or  be  abolished  for reasons of economy or otherwise, the
    26  honorably discharged veteran or exempt volunteer  [fireman]  firefighter
    27  holding  such  position  shall not be discharged from the public service
    28  but shall be transferred to a similar position wherein a vacancy exists,
    29  and shall receive the same compensation therein.  It is hereby made  the
    30  duty  of  all persons clothed with the power of appointment to make such
    31  transfer effective.   The  right  to  transfer  herein  conferred  shall
    32  continue for a period of one year following the date of abolition of the
    33  position,  and may be exercised only where a vacancy exists in an appro-
    34  priate position to which transfer may be made at the time of demand  for
    35  transfer.    Where the positions of more than one such veteran or exempt
    36  volunteer [fireman] firefighter are abolished and  a  lesser  number  of
    37  vacancies  in similar positions exist to which transfer may be made, the
    38  veterans or exempt volunteer [firemen] firefighters whose positions  are
    39  abolished  shall  be entitled to transfer to such vacancies in the order
    40  of their original appointment in the service.  Nothing in  this  section
    41  shall  be construed to apply to the position of private secretary, cash-
    42  ier or deputy of any official or department.  This section shall have no
    43  application to persons encompassed by section eighty-a of this chapter.
    44    § 4. Paragraph (f) of subdivision 2 of section 172-a of the  executive
    45  law, as amended by chapter 43 of the laws of 2002, is amended to read as
    46  follows:
    47    (f)  A local post, camp, chapter or similarly designated element, or a
    48  county unit of such elements, of  a  bona  fide  veterans'  organization
    49  which  issues  charters  to such local elements throughout this state, a
    50  bona fide organization of volunteer [firemen] firefighters, an organiza-
    51  tion providing volunteer ambulance service (as defined in section  three
    52  thousand  one  of  the  public  health  law) or a bona fide auxiliary or
    53  affiliate of such organizations, provided all  its  fund-raising  activ-
    54  ities  are carried on by members of such an organization or an affiliate
    55  thereof and such members receive no compensation, directly or  indirect-
    56  ly, therefor.

        A. 8321--C                          3
 
     1    §  5. Subdivision 1 of section 226 of the executive law, as amended by
     2  chapter 434 of the laws of 1966, is amended to read as follows:
     3    1. The governing board of any police district provided for under arti-
     4  cle  fourteen-a  of  the  town law or of any town or of any village, may
     5  from time to time respectively contract upon behalf  of  said  district,
     6  town  or  village with the superintendent of state police upon behalf of
     7  the state for the regular assignment of state police to  said  district,
     8  town or village upon the following terms and conditions: The superinten-
     9  dent  of  state  police  shall  detail  such number of state [policemen]
    10  police officers as shall be  agreed  upon  to  such  district,  town  or
    11  village  for  a  period  of  one  year;  the  pay, maintenance and other
    12  expenses of such detail for a period of one year shall  be  computed  by
    13  the  superintendent of state police with the approval of the state comp-
    14  troller pro rata upon the total cost of the pay, maintenance and similar
    15  expenses of the whole department; before such contract shall take effect
    16  the governing board of said district, town or village shall  deposit  to
    17  the  credit of the division of state police in a depository to be desig-
    18  nated by the state comptroller with proper sureties, one half the sum of
    19  money so computed and upon the first day of the sixth month  during  the
    20  continuance  of  said  contract  shall likewise deposit the remainder of
    21  said sum; the superintendent of state police, upon audit  of  the  comp-
    22  troller,  shall  draw  upon said depository for the pay, maintenance and
    23  other expenses of said detail when due; said detail shall have  all  the
    24  powers  and duties and shall remain at all times under the authority and
    25  discipline of the superintendent of state police as provided  for  state
    26  police assigned to regular duty under this article.
    27    §  6.  Paragraph (v) of subdivision (l) of section 1-c of the legisla-
    28  tive law, as amended by chapter 14 of the laws of 2007,  is  amended  to
    29  read as follows:
    30    (v)  municipal officers and employees including an officer or employee
    31  of a municipality, whether paid or  unpaid,  including  members  of  any
    32  administrative board, commission or other agency thereof and in the case
    33  of  a  county,  shall  be deemed to also include any officer or employee
    34  paid from county funds. No person shall be  deemed  to  be  a  municipal
    35  officer  or  employee  solely  by  reason of being a volunteer [fireman]
    36  firefighter or civil defense volunteer, except a fire chief or assistant
    37  fire chief.
    38    § 7. Subdivision 5 of section 3 of the public officers law,  as  added
    39  by chapter 480 of the laws of 1958, is amended to read as follows:
    40    5.  Volunteer  [firemen] firefighters and volunteer fire officers of a
    41  fire department or any company or unit thereof shall not be deemed to be
    42  holding a civil office or a local office  within  the  meaning  of  this
    43  section  and  the  provisions  of  this  section shall not apply to such
    44  volunteer [firemen]  firefighters  and  volunteer  fire  officers.  This
    45  subdivision  shall not be deemed to amend, modify or supersede any other
    46  general, special or local law, city or village charter,  code  or  ordi-
    47  nance,  or  any  rule  or regulation governing any such fire department,
    48  which prescribes the qualifications which a person must  have  to  be  a
    49  volunteer  [fireman]  firefighter or a volunteer fire officer of a poli-
    50  tical subdivision or municipal corporation.
    51    § 8. Paragraph 3 of subdivision 4 of section 30 of the public officers
    52  law, as amended by chapter 895 of the laws of 1961, is amended  to  read
    53  as follows:
    54    (3)  If the police force of which he is a member consists of less than
    55  two hundred full-time members; provided, however, that the local  legis-
    56  lative  body  of  such  political  subdivision  or municipal corporation

        A. 8321--C                          4

     1  having such police force shall have power to adopt and amend local laws,
     2  ordinances or resolutions of general application  requiring  members  of
     3  such  police force, other than those members covered by paragraph one or
     4  paragraph  two of this subdivision, to reside in such political subdivi-
     5  sion or municipal corporation, or permitting them to reside in specified
     6  areas of such counties or within specified distances from the  political
     7  subdivision  or  municipal  corporation  provided such local legislative
     8  body shall determine that a [policeman] police officer may respond ther-
     9  efrom promptly and be available to render active service in  such  poli-
    10  tical subdivision or municipal corporation.
    11    §  9. The opening paragraph of subdivision 5 and the opening paragraph
    12  of subdivision 9 of section 2 of  the  workers'  compensation  law,  the
    13  opening paragraph of subdivision 5 as amended by chapter 503 of the laws
    14  of  2016, and the opening paragraph of subdivision 9 as amended by chap-
    15  ter 24 of the laws of 1988, are amended to read as follows:
    16    "Employment" includes employment in a trade,  business  or  occupation
    17  carried  on  by the employer for pecuniary gain, or in connection there-
    18  with, except where the employer elects to bring  his  or  her  employees
    19  within  the  provisions  of this chapter as provided in section three of
    20  this article, and except employment as a domestic worker as provided  in
    21  section  three  of  this article, and except where a town elects to have
    22  the provisions of this chapter apply to the town superintendent of high-
    23  ways. "Employment" shall also include,  in  connection  with  the  civil
    24  defense  effort  and for purposes of this chapter the service of a civil
    25  defense volunteer in authorized activities of a volunteer  agency  spon-
    26  sored  or  authorized  by  a  local office as defined in a state defense
    27  emergency act. "Employment" shall also  include  participation  with  an
    28  auxiliary  police  effort  made  within  a  municipal  corporation which
    29  elected to include auxiliary  [policemen]  police  officers  within  the
    30  definition  of  "employee"  as  authorized  by  subdivision four of this
    31  section and for purposes of this chapter, the  services  of  members  or
    32  volunteers in activities authorized by local law. The service of a civil
    33  defense volunteer who is also an employee recompensed by an employer for
    34  service  to  such employer, shall not be deemed to be in employment of a
    35  local office when he or she is performing civil defense service  in  his
    36  or her employment or in relation thereto. For the purposes of this chap-
    37  ter only "employment" shall also include the delivery or sale and deliv-
    38  ery  of  newspapers  or periodicals by a newspaper carrier as defined in
    39  section thirty-two hundred twenty-eight of the education law, but  shall
    40  not  include  delivery  of  newspapers  or shopping news to the consumer
    41  (including any services directly related to such trade or business) by a
    42  person who is not performing commercial  goods  transportation  services
    43  for  a  commercial goods transportation contractor within the meaning of
    44  article twenty-five-C of the labor law. The term "employment" shall  not
    45  include the services of a licensed real estate broker or sales associate
    46  if  it be proven that (a) substantially all of the remuneration (whether
    47  or not paid in cash) for the services performed by such broker or  sales
    48  associate  is  directly  related to sales or other output (including the
    49  performance of services) rather than to the number of hours worked;  (b)
    50  the  services  performed  by the broker or sales associate are performed
    51  pursuant to a written contract executed between  such  broker  or  sales
    52  associate  and the person for whom the services are performed within the
    53  past twelve to fifteen months; and (c) the written contract provided for
    54  in paragraph (b) herein was not executed under duress and  contains  the
    55  following provisions:

        A. 8321--C                          5
 
     1    "Wages"  means  the money rate at which the service rendered is recom-
     2  pensed under the contract of hiring in force at the time  of  the  acci-
     3  dent, including the reasonable value of board, rent, housing, lodging or
     4  similar  advantage  received  from the employer, or in the case of (a) a
     5  civil defense volunteer, (b) a volunteer worker in a state department as
     6  provided  in  group  sixteen of subdivision one of section three of this
     7  chapter, (c) a volunteer  worker  for  a  social  services  district  as
     8  provided  in group seventeen of subdivision one of section three of this
     9  chapter, (d) a county fire coordinator, a deputy county fire coordinator
    10  or a  comparable  county  official  to  whom  the  provisions  of  group
    11  fifteen-a of subdivision one of section three of this chapter are appli-
    12  cable,  who  is  also a volunteer firefighter or ambulance worker, (e) a
    13  fire district officer whether elective or appointive and whether or  not
    14  he or she is compensated for his or her services or a paid fire or ambu-
    15  lance  district employee, (f) a state fire instructor whose compensation
    16  is paid in whole or in part by the state, (g) an enrolled  member  of  a
    17  fire  company who, is not a volunteer firefighter, receives compensation
    18  for his or her services and is not a  full-time  [fireman]  firefighter,
    19  known  as a "call [fireman] firefighter", (h) persons who are performing
    20  services for a public or not-for-profit corporation, association, insti-
    21  tution or agency organized as  an  unincorporated  association  or  duly
    22  incorporated  under  the laws of this state in fulfillment of a sentence
    23  of probation or of conditional discharge,  or  persons  performing  such
    24  services  pursuant  to the provisions of section 170.55 or 170.56 of the
    25  criminal procedure law, (i) an auxiliary [policeman] police officer in a
    26  municipal corporation which elected to include such persons  within  the
    27  definition  of  "employee"  as  authorized  by  subdivision four of this
    28  section, or (j) a duly appointed member of a regional hazardous  materi-
    29  als  incidents  team  recognized under section two hundred nine-y of the
    30  general municipal law, such money rate applying in his  or  her  regular
    31  vocation  or the amount of the regular earnings of such volunteer, coor-
    32  dinator, instructor, or comparable officer, fire or  ambulance  district
    33  officer or employee or call [fireman] firefighter, or team member as the
    34  case  may  be, in his or her regular vocation, plus any amount earned as
    35  such a coordinator, instructor or comparable officer, or as such a  fire
    36  or  ambulance district officer or employee or call [fireman] firefighter
    37  or team member, provided, however, that in no event  shall  the  average
    38  weekly  wage  be fixed at less than thirty dollars regardless of whether
    39  or not such volunteer, coordinator, instructor or comparable officer  or
    40  fire  or  ambulance district officer or employee or call [fireman] fire-
    41  fighter or team member had gainful employment elsewhere at the  time  of
    42  the injury.
    43    §  10.  Group 17 of subdivision 1 of section 3 of the workers' compen-
    44  sation law, as amended by chapter 470 of the laws of 1986, is amended to
    45  read as follows:
    46    Group 17. Any employment carried on  by  a  municipal  corporation  or
    47  other  subdivision  of  the state and enumerated in the foregoing groups
    48  one to fourteen, inclusive,  and  on  and  after  July  first,  nineteen
    49  hundred  fifty-one,  other  such  employment to the extent of authorized
    50  services related to civil defense and  performed  by  employees  in  the
    51  course  of employment or in relation thereto; and the sheriff and under-
    52  sheriff of any county and the duly appointed  regular  deputies  of  the
    53  sheriff,  notwithstanding  the  definition  of  the term "employment" in
    54  subdivision five of section two of this chapter; but employment  in  the
    55  department  of  sanitation  of  the  city  of New York in the sanitation
    56  service classification of the classified  civil  service  of  such  city

        A. 8321--C                          6
 
     1  shall  not  be  within  the  coverage of this chapter. The activities of
     2  civil defense volunteers who are auxiliary  [firemen]  firefighters  and
     3  members  of rescue squads in authorized services while undergoing train-
     4  ing  or  practice  sponsored  or  authorized  by a local office of civil
     5  defense, as defined in the state defense emergency act, and on and after
     6  July first, nineteen hundred fifty-three, the activities  of  all  civil
     7  defense  volunteers  who  are  personnel  of  such local office of civil
     8  defense in authorized services during authorized participation in train-
     9  ing and practice exercises held at the direction  of  or  designated  as
    10  state training and practice exercises by the state civil defense commis-
    11  sion  pursuant  to  the  provisions  of  section twenty-one, subdivision
    12  three-f of the state defense emergency act,  are  hazardous  employments
    13  carried  on  by  the  municipal  corporation or other subdivision of the
    14  state that created the local office under the  state  defense  emergency
    15  act  and  such  members of an auxiliary police organization located in a
    16  municipal corporation which elected to include such persons  within  the
    17  definition  of  "employee"  as authorized by subdivision four of section
    18  two of this chapter shall be deemed employees of  the  municipal  corpo-
    19  ration  authorizing  their  services, and such members of rescue squads,
    20  auxiliary [firemen] firefighters, and civil defense volunteers shall  be
    21  deemed  employees  of  the municipal corporation or other subdivision of
    22  the state for purposes of this chapter,  provided,  however,  that  each
    23  such  municipal  corporation or other subdivision of the state or insur-
    24  ance carrier shall in the first instance  pay  all  awards  of  workers'
    25  compensation,  including medical benefits, provided by this chapter; and
    26  such municipal corporation or other subdivision of the state  or  insur-
    27  ance  carrier shall be reimbursed by the comptroller of the state of New
    28  York, periodically every six months, on vouchers certified by the  state
    29  civil  defense  commission,  for  one-half  of all workers' compensation
    30  benefits, including both cash and medical  benefits,  paid  pursuant  to
    31  awards  of  the board, to the extent not previously reimbursed, paid for
    32  injury or death of a civil defense volunteer caused by an accident  that
    33  arose  out  of and in the course of any such training and practice exer-
    34  cise, held on and after July first, nineteen hundred fifty-three, at the
    35  direction of or designated as a state training and practice exercise  by
    36  the state civil defense commission pursuant to the provisions of section
    37  twenty-one,  subdivision  three-f  of the state defense emergency act. A
    38  town shall not be deemed to be the employer of the officers and  employ-
    39  ees  of  a  fire district and shall not be liable for payment of compen-
    40  sation to such officers or employees under any provision of  this  chap-
    41  ter.   A social services official, as defined in subdivision fourteen of
    42  section two of the social  services  law,  may  accept  or  approve  the
    43  services  of  volunteer  workers  without salary, in accordance with the
    44  regulations of the state department  of  social  services,  and  such  a
    45  voluntary  worker  shall  be  deemed  to  be  an  employee of the social
    46  services district in the unclassified service for the  purpose  of  this
    47  chapter.
    48    § 11. Section 19-c of the workers' compensation law, as added by chap-
    49  ter 466 of the laws of 1978, is amended to read as follows:
    50    §  19-c. Actions against health services personnel; defense and indem-
    51  nification. The provisions of section seventeen of the  public  officers
    52  law  shall  apply to actions and proceedings, against physicians, nurses
    53  and other employees of the board whose duties involve  medical  examina-
    54  tions  under  this  chapter  and the volunteer [firemen's] firefighters'
    55  benefit law or other health services, arising out of  emergency  medical
    56  treatment  given to board employees while at work or to claimants, their

        A. 8321--C                          7
 
     1  attorneys, licensed representatives, witnesses, employers, their  repre-
     2  sentatives  and  representatives of carriers, while visiting the offices
     3  of the board or the hearing points at which proceedings are conducted or
     4  any other person properly on board premises.
     5    § 12. Section 30 of the workers' compensation law, as amended by chap-
     6  ter 280 of the laws of 1963, is amended to read as follows:
     7    §  30.  Revenues  or benefits from other sources not to affect compen-
     8  sation. No benefits, savings or insurance of the injured employee, inde-
     9  pendent of the provisions of this chapter, shall be considered in deter-
    10  mining the compensation or benefits  to  be  paid  under  this  chapter,
    11  except  that  (1)  in  case  of the death of an employee of the state, a
    12  municipal corporation or any other political subdivision of  the  state,
    13  any  benefit payable under a pension system or any other statutory bene-
    14  fit which is not sustained or provided for in whole or in  part  by  the
    15  contribution  of  the employee, may be applied toward the payment of the
    16  death benefit provided by this chapter; (2)  in  case  of  an  award  of
    17  compensation  to  a paid [fireman] firefighter of a fire company or fire
    18  department of a city of less  than  one  million  population,  or  town,
    19  village or fire district any salary or wages paid to, or the cost of any
    20  medical  treatment  and  hospital care provided for, such paid [fireman]
    21  firefighter under and pursuant to the provisions of section two  hundred
    22  seven-a of the general municipal law shall be credited against any award
    23  of  compensation  to  such paid [fireman] firefighter under this chapter
    24  where the injury occurred or disablement arose on or  after  May  first,
    25  nineteen  hundred fifty-one; and (3) in case of an award of compensation
    26  to a member of a police force of any  county,  city  of  less  than  one
    27  million  population, town or village, or of any district, agency, board,
    28  body or commission thereof, any salary or wages paid to, or the cost  of
    29  any  medical  treatment or hospital care provided for, such member under
    30  and pursuant to the provisions of section two  hundred  seven-c  of  the
    31  general  municipal  law  shall  be credited against any award of compen-
    32  sation to such member under this chapter where the  injury  occurred  or
    33  the  disablement  arose  on  or after May first, nineteen hundred sixty-
    34  three.
    35    § 13. Section 30 of the workers' compensation law, as amended by chap-
    36  ter 628 of the laws of 1991, is amended to read as follows:
    37    § 30. Revenues or benefits from other sources not  to  affect  compen-
    38  sation. No benefits, savings or insurance of the injured employee, inde-
    39  pendent of the provisions of this chapter, shall be considered in deter-
    40  mining  the  compensation  or  benefits  to  be paid under this chapter,
    41  except that (1) in case of the death of an  employee  of  the  state,  a
    42  municipal  corporation,  any  other  political subdivision of the state,
    43  including for this purpose The Long Island Rail Road Company, any  bene-
    44  fit  payable under a pension system or any other statutory benefit which
    45  is not sustained or provided for in whole or in part by the contribution
    46  of the employee, may be applied toward the payment of the death  benefit
    47  provided  by  this chapter; (2) in case of an award of compensation to a
    48  paid [fireman] firefighter of a fire company or  fire  department  of  a
    49  city  of  less  than  one  million  population, or town, village or fire
    50  district any salary or wages paid to, or the cost of any medical  treat-
    51  ment  and  hospital  care  provided for, such paid [fireman] firefighter
    52  under and pursuant to the provisions of section two hundred  seven-a  of
    53  the general municipal law shall be credited against any award of compen-
    54  sation  to  such paid [fireman] firefighter under this chapter where the
    55  injury occurred or disablement arose on or  after  May  first,  nineteen
    56  hundred  fifty-one;  and  (3)  in  case of an award of compensation to a

        A. 8321--C                          8
 
     1  member of a police force of any county, city of less  than  one  million
     2  population,  town  or  village,  any  district,  agency,  board, body or
     3  commission thereof, or of The Long Island Rail Road Company, any  salary
     4  or  wages paid to, or the cost of any medical treatment or hospital care
     5  provided for, such member  under  and  pursuant  to  the  provisions  of
     6  section  two hundred seven-c of the general municipal law shall be cred-
     7  ited against any award of compensation to such member under this chapter
     8  where the injury occurred or the  disablement  arose  on  or  after  May
     9  first,  nineteen  hundred sixty-three, or in the case of The Long Island
    10  Rail Road Company, on or after the date this section is  effective  with
    11  respect to members of its police force.
    12    § 14. Subdivision 7 of section 60 of the workers' compensation law, as
    13  amended  by  chapter  24  of  the  laws  of  1988, is amended to read as
    14  follows:
    15    7. "Liability." The liability of a participant  to  pay  compensation,
    16  assessments  and  all  other  obligations imposed by or pursuant to this
    17  chapter, the volunteer [firemen's] firefighters' benefit  law,  and  the
    18  volunteer ambulance workers' benefit law except as otherwise provided in
    19  section sixty-one of this chapter.
    20    §  15.  Subdivisions  3, 4 and 6 of section 61 of the workers' compen-
    21  sation law, as amended by chapter 755 of the laws of 1965,  are  amended
    22  to read as follows:
    23    3.  A  local  law  establishing  a  plan pursuant to this article may,
    24  notwithstanding the provisions of paragraph  f  of  subdivision  one  of
    25  section  eleven  of  the  municipal  home  rule  law,  provide  that the
    26  provisions of subdivision three of section sixty-three of this [chapter]
    27  article, as amended from time to time, shall not be  applicable  to  the
    28  plan  in that county and, if such plan is established, the term "liabil-
    29  ity", as used in this  article,  shall  not  include  any  compensation,
    30  assessments  or  other obligations under the volunteer [firemen's] fire-
    31  fighters' benefit law and the provisions of subdivision three of section
    32  sixty-three of this [chapter] article, as amended  from  time  to  time,
    33  shall not be applicable in relation to such plan.
    34    4. If a plan has been continued pursuant to this article, the board of
    35  supervisors may, notwithstanding the provisions of paragraph f of subdi-
    36  vision  one  of  section  eleven of the municipal home rule law, adopt a
    37  local law on or before the first day of August in any  year  to  provide
    38  that  the provisions of subdivision three of section sixty-three of this
    39  [chapter] article, as amended from time to time, shall not be applicable
    40  to the plan in that county after the thirty-first  day  of  December  in
    41  such  year,  except as to liabilities existing on such latter date, and,
    42  if such a local law is adopted, the term "liability", as  used  in  this
    43  article,  shall not include any compensation, assessments or other obli-
    44  gations under the volunteer [firemen's] firefighters' benefit  law,  and
    45  the  provisions  of  subdivision  three  of  section sixty-three of this
    46  [chapter] article shall not be applicable  in  relation  to  such  plan,
    47  after  the  thirty-first day of December in such year, except as to, and
    48  in connection with, liabilities existing on  such  thirty-first  day  of
    49  December.
    50    6. Notwithstanding the provisions of paragraph f of subdivision one of
    51  section  eleven of the municipal home rule law, the board of supervisors
    52  of a county may by local law amend the  definition  of  "liability",  as
    53  defined in subdivision seven of section sixty of this [chapter] article,
    54  to exclude any liability under paragraph m of subdivision one of section
    55  five of the volunteer [firemen's] firefighters' benefit law.

        A. 8321--C                          9
 
     1    §  16.  The section heading and subdivisions 1, 8, 10, 11, 12, 13, 14,
     2  15, 16, 17 and 18 of section 88 of the railroad law, the section heading
     3  and subdivisions 8, 10, 11, 12, 13, 14, 15, 16  and  18  as  amended  by
     4  chapter 247 of the laws of 1964, subdivision 1 as amended by chapter 136
     5  of the laws of 1968, and subdivision 17 as amended by chapter 149 of the
     6  laws of 1989, are amended to read as follows:
     7    When railroads may designate [policemen] police officers.
     8    1. Upon the application of any corporation owning or operating a rail-
     9  road,  express  company  operating  over a railroad, or of any steamboat
    10  company, the superintendent of state police may appoint any person as  a
    11  [policeman]  police officer, with all the powers of a [policeman] police
    12  officer in cities and villages, for the preservation of order and of the
    13  public peace, and the arrest of all persons committing offenses upon the
    14  land of or upon property in the custody of or under the control of  such
    15  corporation,  express  company or steamboat company. [When the committed
    16  offense would constitute a violation a summons in lieu of arrest may  be
    17  issued.  In  the city of New York such summonses shall be issued only in
    18  accordance with the provisions of paragraph eight of section fifty-seven
    19  of the New York city criminal court act and any rule or order  of  court
    20  promulgated pursuant thereto.]
    21    8.  If  any  person  who  has  not  received the minimum police and/or
    22  firearms training described in [the preceding two  paragraphs]  subdivi-
    23  sions  six  and  seven  of this section shall be appointed a [policeman]
    24  police officer under this section, the corporation, express  company  or
    25  steamboat company which made application for his or her employment shall
    26  furnish  the  superintendent  of  state police, within six months of the
    27  date of appointment, a  certificate  issued  by  an  approved  municipal
    28  police council training school or its equivalent as previously described
    29  in  this  section, certifying the successful completion by the appointee
    30  of the minimum training required and/or shall certify to the superinten-
    31  dent of state police within six months of the date of  appointment  that
    32  the  appointee has received adequate training in the use of firearms and
    33  in  the  event  such  certificate  and/or  such  certification  are  not
    34  furnished  the superintendent of state police within the time prescribed
    35  herein, he or she shall revoke the appointment.
    36    10. No person shall be appointed who is not an American  citizen,  and
    37  who  has  not, prior to the time of the filing of the application, filed
    38  in the office of the department of state his or her written  consent  to
    39  his or her appointment as such [policeman] police officer.
    40    11. No conductor, brakeman, fireman, engineer or other person actively
    41  engaged in the operation and movement of any train or car or set of cars
    42  shall be eligible for appointment as a [policeman] police officer.
    43    12.  Each  person designated to act as such [policeman] police officer
    44  shall receive a license from the secretary of state  and  shall  not  be
    45  permitted  to  enter  upon  his or her duties as such [policeman] police
    46  officer until he or she has actually received such license.
    47    13. Every such [policeman] police officer shall when on  duty  wear  a
    48  metallic  shield  with the words "railroad police" or "steamboat police"
    49  or "express police" as the case may be and the name of the  corporation,
    50  express company or steamboat company for which appointed inscribed ther-
    51  eon, which shall always be worn in plain view, except when employed as a
    52  detective.
    53    14.  A  person appointed [policeman] police officer under this section
    54  shall not, while the appointment is in force, be employed by or  perform
    55  any  service for the corporation, express company, or steamboat company,
    56  in any other capacity than that of [policeman] police officer and he  or

        A. 8321--C                         10
 
     1  she  shall  not  be  permitted  to exercise the duties or functions of a
     2  [policeman] police officer except upon the  property  or  in  connection
     3  with  the  property  connected  with  or under the control of the corpo-
     4  ration,  express  company, or steamboat company, for which he or she has
     5  been appointed.
     6    15. The compensation of every such [policeman] police officer shall be
     7  such as may be agreed upon between  him  or  her  and  the  corporation,
     8  express  company, or steamboat company, for which he or she is appointed
     9  and shall be paid by the  corporation,  express  company,  or  steamboat
    10  company.
    11    16.  When any such corporation, express company, or steamboat company,
    12  shall no longer require the services of any [policeman]  police  officer
    13  appointed  under this section it shall file notice to that effect in the
    14  office of the department of state, and thereupon such appointment  shall
    15  cease and be at an end.
    16    17.  The superintendent of state police may also at pleasure revoke or
    17  suspend the appointment of any such [policeman] police officer by filing
    18  a notice of suspension or  revocation  thereof  in  the  office  of  the
    19  department  of  state  and mailing a notice of such filing to the corpo-
    20  ration, express company or steamboat company for which  he  or  she  was
    21  appointed,  and  also  to  the  person whose appointment is suspended or
    22  revoked, at his or her last home address as  the  same  appears  in  the
    23  certificate  of  appointment or the latest statement thereof on file. An
    24  appointment suspended by the superintendent may be restored  by  him  or
    25  her  upon the filing of a restoration notice to the department of state,
    26  the person suspended, and his or her employer.
    27    18. If such person thereafter, knowing of such revocation or having in
    28  any manner received notice thereof, exercises or  attempts  to  exercise
    29  any  of  the powers of a [policeman] police officer, under this section,
    30  he or she shall be guilty of a misdemeanor; and the filing  and  mailing
    31  of  such  notice,  as above provided, shall be presumptive evidence that
    32  such person knew of the revocation.
    33    § 17. Subdivision (b) of section 870-m of the labor law, as amended by
    34  chapter 643 of the laws of 1986, is amended to read as follows:
    35    (b) This article shall not apply to the use of a viewing stand or tent
    36  on any state or county fairgrounds or to the use of a viewing  stand  or
    37  tent  owned,  leased or operated by any bona fide religious, charitable,
    38  educational, fraternal, service, veteran or  volunteer  [firemen]  fire-
    39  fighter organization; except that it shall apply to any private owner or
    40  lessee  who  operates  an  amusement  device, viewing stand or tent on a
    41  state or county [fairgound] fairground, or for  or  on  behalf  of  such
    42  organization.
    43    §  18.  The  opening  paragraph of subdivision 4 of section 375 of the
    44  vehicle and traffic law, as amended by chapter 592 of the laws of  1977,
    45  is amended to read as follows:
    46    No  headlamp  shall be used upon any motor vehicle except a motorcycle
    47  operated upon the public highways of this state,  unless  such  lamp  is
    48  approved  by the commissioner or is equipped with a lens or other device
    49  approved by the commissioner. Every such headlamp, lens or other  device
    50  shall be applied and adjusted in accordance with the requirements of the
    51  certificate  approving  the  use  thereof.  Every such headlamp shall be
    52  firmly and substantially mounted on the motor vehicle in such manner  as
    53  to  allow  the lamp to be properly and readily adjusted. The operator of
    54  every motor vehicle shall permit  any  [policeman,]  police  officer  or
    55  other  person  exercising police powers to inspect the equipment of such

        A. 8321--C                         11
 
     1  motor vehicle, and make such tests as  may  be  necessary  to  determine
     2  whether the provisions of this section are being complied with.
     3    §  19.  Subdivisions 2 and 3 of section 381 of the vehicle and traffic
     4  law, subdivision 3 as amended by chapter 300 of the laws  of  1960,  are
     5  amended to read as follows:
     6    2.  No  head  lamp shall be used upon any motorcycle operated upon the
     7  public highways of the state,  unless  such  lamp  is  approved  by  the
     8  commissioner  or is equipped with a lens or other device approved by the
     9  commissioner. Every such head  lamp,  lens  or  other  device  shall  be
    10  applied  and adjusted in accordance with the requirements of the certif-
    11  icate approving the use thereof. Every such head lamp  shall  be  firmly
    12  and  substantially  mounted on the motorcycle in such manner as to allow
    13  the lamp to be properly and readily adjusted. Each  reflector  which  is
    14  used  as  a part of such head lamp shall have a polished silver or glass
    15  reflecting surface, or a reflecting surface  which  gives  candle  power
    16  intensity  meeting the requirements of rules and regulations established
    17  by the commissioner, and shall be substantially free  from  dents,  rust
    18  and  other  imperfections. The operator of every motorcycle shall permit
    19  any [policeman,] police officer or other person exercising police powers
    20  to inspect the equipment of such motorcycle and make such tests  as  may
    21  be  necessary  to  determine  whether the provisions of this section are
    22  being complied with. The commissioner  may  make  reasonable  rules  and
    23  regulations  relative  to  lights on motorcycles and the approval of the
    24  same which may be necessary to effectuate the  foregoing  provisions  of
    25  this section.
    26    3.  Except as hereinafter provided, only a white or yellow light shall
    27  be displayed upon a motorcycle so as to be visible from a point directly
    28  in front of the vehicle. Any color light, except blue, may be displayed,
    29  so as to be visible from a point directly in front of the vehicle, on  a
    30  police vehicle or on a motorcycle operated by a sheriff or regular depu-
    31  ty  sheriff when engaged in the performance of duty as a police officer.
    32  Any color light, including blue, may be displayed, so as to  be  visible
    33  from  a point directly in front of the vehicle, on a motorcycle operated
    34  by a chief or assistant chief of a fire department, a county  or  deputy
    35  county fire coordinator, or a county or assistant county fire marshal. A
    36  blue  light may be displayed upon a motorcycle, so as to be visible from
    37  a point directly in front of the vehicle, when  operated  by  an  active
    38  volunteer  member  of  a  fire  department or company duly authorized as
    39  hereinafter provided, and while such vehicle is in use for fire or other
    40  emergency service. No volunteer [fireman] firefighter shall be permitted
    41  to display a blue light  upon  a  motorcycle  as  hereinbefore  provided
    42  except  while actually enroute to the scene of a fire or other emergency
    43  requiring his or her services and unless he or she shall  be  an  active
    44  volunteer  member  of  a  fire department or company and shall have been
    45  authorized in writing to so display a blue light by  the  chief  of  the
    46  fire department or company of which he or she is a member, which author-
    47  ization  shall  be  subject  to  revocation at any time by the chief who
    48  issued the same, or his or her successor in office.
    49    § 20. Subdivision 2 of section 424 of the vehicle and traffic law,  as
    50  amended  by  chapter  114  of  the  laws  of 1991, is amended to read as
    51  follows:
    52    2. Any [policeman] police officer,  state  trooper  or  peace  officer
    53  acting  pursuant  to  his  or her special duties shall have the power to
    54  seize any motor vehicle or trailer in  the  state  when  there  is  good
    55  reason  to  believe  that such motor vehicle or trailer has been stolen.
    56  Unless the vehicle is subject to the provisions of section four  hundred

        A. 8321--C                         12
 
     1  twenty-three-a of this article, the appropriate agency shall contact the
     2  owner  of such motor vehicle or trailer, if known, and, after any stolen
     3  vehicle alarm resulting from such theft has been cancelled, release  the
     4  vehicle  to  such  owner.  If the owner thereof cannot be ascertained in
     5  accordance with procedures established by regulations of the commission-
     6  er, a local police agency shall dispose of such vehicle as an  abandoned
     7  vehicle  pursuant to section twelve hundred twenty-four of this chapter,
     8  and the state police shall hold such vehicle for, or deliver it  to  the
     9  office of general services.
    10    §  21. Subdivision 14 of section 528 of the public authorities law, as
    11  amended by chapter 1097 of the laws of  1971,  is  amended  to  read  as
    12  follows:
    13    14.  To  appoint  or  designate one or more persons for the purpose of
    14  enforcing law, order and the observance of  the  rules  and  regulations
    15  established  by  the  authority. Each person as and when so appointed or
    16  designated may, during the term of such appointment  or  designation  be
    17  uniformed  and  shall  be  known  as  a "New York state bridge authority
    18  patrolman" and shall be a police officer as defined by paragraph (e)  of
    19  subdivision  thirty-four  of  section 1.20 of the criminal procedure law
    20  and shall have, within the limits of  the  cities,  towns  and  villages
    21  within  which  any  part of a bridge, or any ferry property, operated by
    22  the authority shall be located, all the powers of a constable,  marshal,
    23  police  constable  or  [policeman]  police  officer  of  a city, town or
    24  village in the execution of criminal  processes;  and  criminal  process
    25  issued  by  any  court  or magistrate of a county, town, city or village
    26  within which any part of a bridge or any ferry property operated by  the
    27  authority  shall be located, may be directed to and executed by any such
    28  patrolman notwithstanding the provisions of any local  or  special  act,
    29  ordinance or regulation.
    30    § 22. Subdivision 16 of section 1204 of the public authorities law, as
    31  separately  amended  by  chapters  1024 and 1097 of the laws of 1971, is
    32  amended to read as follows:
    33    16. In its discretion to provide and maintain a transit police depart-
    34  ment and a uniformed transit police force.  Such  department  and  force
    35  shall  have  the  power and it shall be their duty, in and about transit
    36  facilities, to preserve the public  peace,  prevent  crime,  detect  and
    37  arrest  offenders,  suppress  riots,  mobs  and  insurrections, disperse
    38  unlawful or dangerous assemblages and assemblages  which  obstruct  free
    39  passage;  protect  the  rights of persons and property; guard the public
    40  health; regulate,  direct,  control  and  restrict  pedestrian  traffic;
    41  remove  all  nuisances;  enforce  and  prevent violation of all laws and
    42  ordinances; and for these purposes  to  arrest  all  persons  guilty  of
    43  violating  any  law  or  ordinance.  Appointments to such transit police
    44  force shall be made in accordance  with  applicable  provisions  of  the
    45  civil  service  law  and only persons who shall be less than twenty-nine
    46  years of age at the date of the  filing  of  an  application  for  civil
    47  service  examination, who have never been convicted of a felony, and who
    48  are citizens of the United States shall be appointed  transit  patrolmen
    49  on the transit police force. Each member of such force shall be a police
    50  officer  as  defined  by  paragraph  (e)  of  subdivision thirty-four of
    51  section 1.20 of the criminal procedure law and  shall  possess  all  the
    52  powers  of  a  [policeman]  police officer of a city in the execution of
    53  criminal process; and criminal process issued by any court or magistrate
    54  of a city may be directed to and executed by a  member  of  such  force,
    55  notwithstanding the provisions of any local or special act, ordinance or
    56  regulation.

        A. 8321--C                         13
 
     1    The  authority  may  appoint a chief and a deputy chief of the transit
     2  police department who, in  the  discretion  of  the  authority,  may  be
     3  selected  from  the ranks of the transit police force, and assign powers
     4  and duties to them and fix their compensation. The chief  shall  be  the
     5  head  of such department. During the absence or disability of the chief,
     6  the deputy chief shall possess all the powers and perform all the duties
     7  of the chief. The transit police force shall consist of captains,  lieu-
     8  tenants, sergeants[, patrolmen and policewomen] and police officers. The
     9  authority  may  detail  persons  in  the  rank of captain of the transit
    10  police force to serve in higher ranks. A captain  when  so  detailed  to
    11  serve  in  a  higher rank may be granted an increase in salary above the
    12  grade established for the rank of captain in the  uniformed  force.  The
    13  authority  may maintain a division for detective purposes to be known as
    14  the detective division and may, from time to time, detail to service  in
    15  said division as many members of the force as it may deem necessary, and
    16  may at any time revoke any such detail. Any member of the force while so
    17  detailed  may  be  granted  an increase in salary above the grade estab-
    18  lished for his or her rank in the uniformed force, but shall retain  his
    19  or her rank in the force and shall be eligible for promotion the same as
    20  if  serving  in the uniformed force, and the time during which he or she
    21  serves in such division shall count for all purposes as if served in his
    22  or her rank or grade in the uniformed force.
    23    § 23. Section 2851 of the public authorities law, as added by  chapter
    24  832 of the laws of 1958, the section heading as amended and such section
    25  as  renumbered by chapter 838 of the laws of 1983, is amended to read as
    26  follows:
    27    § 2851. Age not to be bar to employment by  public  authorities.    No
    28  public  authority  shall  hereafter  prohibit,  prevent,  disqualify  or
    29  discriminate against any person applying for employment by, such author-
    30  ity, who is  physically  and  mentally  qualified,  or  from  competing,
    31  participating  or registering for a position, or be penalized in a final
    32  rating for any position, by reason of his or her age. Any existing rule,
    33  regulation, penalty or requirement resolution preventing the  hiring  of
    34  persons  because  of  age  shall  be  void,  except  that nothing herein
    35  contained, shall prevent any public authority from  adopting  reasonable
    36  minimum  or  maximum  age requirements for positions such as [policeman,
    37  fireman] police officer, firefighter, guard  or  other  positions  which
    38  require  extraordinary  physical effort except where age limits for such
    39  positions are already prescribed by law.
    40    Notwithstanding any provisions to the contrary, no person who is phys-
    41  ically or  mentally  qualified  may  be  disqualified  from,  competing,
    42  participating  or registering for a promotional examination or be penal-
    43  ized in a final rating or barred from promotion after having passed such
    44  promotion examination by reason of his or her age, by any public author-
    45  ity.
    46    § 24. The opening paragraph of subdivision 5 of  section  402  of  the
    47  public  housing  law,  as amended by chapter 875 of the laws of 1990, is
    48  amended to read as follows:
    49    Notwithstanding any provisions to the contrary contained in this chap-
    50  ter, or any general, special or local law, the  New  York  city  housing
    51  authority shall have the power in its discretion to provide and maintain
    52  a  housing  police department and a uniformed housing police force. Such
    53  department and force shall have the power and it shall be their duty, in
    54  and about housing facilities, to  preserve  the  public  peace,  prevent
    55  crime,  detect  and arrest offenders, suppress riots, mobs and insurrec-
    56  tions, disperse unlawful or dangerous assemblages and assemblages  which

        A. 8321--C                         14

     1  obstruct free passage; protect the rights of persons and property; guard
     2  the  public  health; remove all nuisances; enforce and prevent violation
     3  of all laws and ordinances; and for these purposes to arrest all persons
     4  guilty  of  violating  any  law  or  ordinance and shall provide for the
     5  performance, without unnecessary delay, of all  recording,  fingerprint-
     6  ing,  photographing and other preliminary police duties. Appointments to
     7  such housing police force shall be made in  accordance  with  applicable
     8  provisions of the civil service law and only persons who have never been
     9  convicted  of  a felony, and who are citizens of the United States shall
    10  be appointed housing [patrolmen] patrol officers on the  housing  police
    11  force. Each member of such force shall be a police officer as defined by
    12  paragraph (e) of subdivision thirty-four of section 1.20 of the criminal
    13  procedure  law  and,  while  on  duty, shall possess all the powers of a
    14  [policeman] police officer of a city in the execution of criminal  proc-
    15  ess;  and  criminal  process issued by any court or magistrate of a city
    16  may be directed to and executed by a member of such force.
    17    § 25. Section 376 of the public health  law  is  amended  to  read  as
    18  follows:
    19    §  376. Certain cities; enforcement. The head of the police department
    20  shall whenever requested in writing by the  commissioner  of  health  or
    21  health  officer  in  cities having a population of less than one hundred
    22  seventy-five thousand, with the  approval  of  the  mayor,  detail  such
    23  number  of  regular [policemen] police officers as shall be specified in
    24  such request who shall while so detailed serve under  the  direction  of
    25  the commissioner of health or health officer.
    26    §  26. Section 455 of the public health law, as amended by chapter 843
    27  of the laws of 1980, is amended to read as follows:
    28    § 455. Hospitals; special  [policemen]  police  officers;  powers  and
    29  duties. 1. The director of each hospital in the department may designate
    30  attendants or other employees to act as special [policemen] police offi-
    31  cers  whose duty it shall be under the orders of the director to protect
    32  the grounds, buildings and patients of the hospital and to eject  there-
    33  from  disorderly  persons.  Such  attendants  and  employees,  acting as
    34  special [policemen] police officers, shall possess  all  the  powers  of
    35  peace  officers,  as set forth in section 2.20 of the criminal procedure
    36  law, on the grounds and premises.
    37    2. The  designation  of  such  attendants  and  employees  as  special
    38  [policemen]  police officers in pursuance hereof, shall not be deemed to
    39  supersede, on the grounds and premises of such hospital,  the  authority
    40  of peace or police officers of the jurisdiction within which such hospi-
    41  tal is located.
    42    §  27.  Subdivisions  1  and 4 of section 6-j of the general municipal
    43  law, as amended by chapter 340 of the laws of 1973, are amended to  read
    44  as follows:
    45    1.  The  governing board of any municipal corporation, school district
    46  or fire district, which is, or shall  hereafter  become  a  self-insurer
    47  under  the provisions of subdivision four of section fifty[, subdivision
    48  four] of the [workmen's] workers' compensation law or section thirty  of
    49  the  volunteer  [firemen's]  firefighters'  benefit  law may establish a
    50  reserve fund to  be  known  as  the  [workmen's]  workers'  compensation
    51  reserve  fund  of  such  municipal  corporation, school district or fire
    52  district.
    53    4. An expenditure shall be made from such fund only for the payment of
    54  compensation and benefits, medical, hospital or other expense authorized
    55  by article two of the [workmen's] workers' compensation law and  by  the
    56  volunteer [firemen's] firefighters' benefit law and expenses of adminis-

        A. 8321--C                         15
 
     1  tering the self-insurance program for such municipal corporation, school
     2  district or fire district.
     3    § 28. Section 50-c of the general municipal law, as amended by chapter
     4  673 of the laws of 1979, is amended to read as follows:
     5    §  50-c.  Liability for negligent operation of certain vehicles in the
     6  performance of duty by [policemen] police officers  and  paid  [firemen]
     7  firefighters.  1.  Every city, town, village and fire district, notwith-
     8  standing any inconsistent provision of law, general, special or local or
     9  the limitation contained in the provisions of any city charter, shall be
    10  liable for, and shall assume the liability to the extent that  it  shall
    11  save  harmless  any  duly  appointed  [policeman] police officers of the
    12  municipality or any duly appointed paid [fireman]  firefighters  of  the
    13  municipality  or  fire district for, the negligence of such appointee in
    14  the operation of a vehicle upon the public streets or  highways  of  the
    15  municipality  or  fire  district  in  the  discharge of a statutory duty
    16  imposed upon such appointee or municipality or fire  district,  provided
    17  the  appointee at the time of the accident, injury or damages complained
    18  of, was acting in the performance of his or her duties  and  within  the
    19  scope of his or her employment.
    20    A  [policeman]  police  officer  of a municipality or a paid [fireman]
    21  firefighter of a municipality or fire district,  although  excused  from
    22  official  duty  at  the time, for the purposes of this section, shall be
    23  deemed to be acting in the discharge of duty when engaged in the immedi-
    24  ate and actual performance of a public duty  imposed  by  law  and  such
    25  public  duty  performed  was  for the benefit of all the citizens of the
    26  community and the municipality or fire district derived no special bene-
    27  fit in its corporate capacity.
    28    No action or special proceeding instituted pursuant to the  provisions
    29  of  this section or section fifty-b [or fifty-c] of this [chapter] arti-
    30  cle, shall be prosecuted or maintained against  the  municipality,  fire
    31  district  or  appointee, unless notice of claim shall have been made and
    32  served in compliance with section fifty-e  of  this  [chapter]  article.
    33  Every  such  action  shall  be  commenced  pursuant to the provisions of
    34  section fifty-i of this [chapter] article.
    35    2. The provisions of this section shall not apply to the city  of  New
    36  York.
    37    §  29.  Subdivision 1 of section 50-i of the general municipal law, as
    38  amended by chapter 24 of the  laws  of  2013,  is  amended  to  read  as
    39  follows:
    40    1.  No  action or special proceeding shall be prosecuted or maintained
    41  against a city, county, town, village, fire district or school  district
    42  for  personal injury, wrongful death or damage to real or personal prop-
    43  erty alleged to have been sustained  by  reason  of  the  negligence  or
    44  wrongful  act  of  such  city,  county,  town, village, fire district or
    45  school district or of any officer, agent or employee thereof,  including
    46  volunteer  [firemen]  firefighters  of  any  such  city,  county,  town,
    47  village, fire district or school district  or  any  volunteer  [fireman]
    48  firefighter     whose  services  have  been  accepted  pursuant  to  the
    49  provisions of section two hundred nine-i of this chapter, unless, (a)  a
    50  notice  of  claim shall have been made and served upon the city, county,
    51  town, village, fire district  or  school  district  in  compliance  with
    52  section  fifty-e of this article, (b) it shall appear by and as an alle-
    53  gation in the complaint or moving papers that at least thirty days  have
    54  elapsed since the service of such notice, or if service of the notice of
    55  claim is made by service upon the secretary of state pursuant to section
    56  fifty-three of this article, that at least forty days have elapsed since

        A. 8321--C                         16
 
     1  the  service  of such notice, and that adjustment or payment thereof has
     2  been neglected or refused, and (c)  the  action  or  special  proceeding
     3  shall  be  commenced within one year and ninety days after the happening
     4  of  the  event upon which the claim is based; except that wrongful death
     5  actions shall be commenced within two years after the happening  of  the
     6  death.
     7    §  30.  The  section  heading  and  subdivision 1 of section 77 of the
     8  general municipal law, the section heading as amended by chapter 1013 of
     9  the laws of 1969, and subdivision 1 as amended by  chapter  400  of  the
    10  laws of 2015, are amended to read as follows:
    11    Leases  of  public buildings to posts of veteran organizations, organ-
    12  izations of volunteer [firemen] firefighters, and child care agencies.
    13    1. A municipal corporation may lease, for not exceeding five years, to
    14  a post or posts of the Grand Army of the Republic, Veterans  of  Foreign
    15  Wars of the United States, American Legion, Catholic War Veterans, Inc.,
    16  Disabled  American  Veterans,  the  Army  and Navy Union, U.S.A., Marine
    17  Corps League, AMVETS, American Veterans of  World  War  II,  Jewish  War
    18  Veterans  of  the  United States, Inc., Italian American War Veterans of
    19  the United States, Incorporated, Masonic War Veterans of  the  State  of
    20  New  York, Inc., Veterans of World War I of the United States of America
    21  Department of New York, Inc., Polish-American Veterans of World War  II,
    22  Amsterdam,  N.Y.,  Inc., Polish-American Veterans of World War II, Sche-
    23  nectady, N.Y., Inc., Polish Legion of American Veterans,  Inc.,  Vietnam
    24  Veterans   of   America  or  other  veteran  organization  of  honorably
    25  discharged members of the armed forces of the United  States  or  to  an
    26  incorporated  organization  or an association of either active or exempt
    27  volunteer [firemen] firefighters, a public  building  or  part  thereof,
    28  belonging  to  such municipal corporation, except schoolhouses in actual
    29  use as such, without expense, or at a nominal rent, fixed by  the  board
    30  or  council  having  charge  of such buildings and provide furniture and
    31  furnishings, and heat, light  and  janitor  service  therefor,  in  like
    32  manner.
    33    §  31.  Paragraph  (c) of subdivision 1 of section 77-b of the general
    34  municipal law, as added by chapter 413 of the laws of 1974,  is  amended
    35  to read as follows:
    36    (c)  Conference. A convention, conference, or school conducted for the
    37  betterment of any municipality or a convention or conference  of  [fire-
    38  men]  firefighters or firemanic officers if believed to be of benefit to
    39  the municipality.
    40    § 32. Subdivision 2 of section 93 of the  general  municipal  law,  as
    41  amended  by  chapter  58  of  the  laws  of  1996, is amended to read as
    42  follows:
    43    2. A  municipal  corporation,  including  a  fire  district,  or  town
    44  improvement district governed by a separate board of commissioners, if a
    45  group plan of life insurance provides that the employer shall contribute
    46  a share of the cost of such insurance for its officers and employees, or
    47  for  the  officers or employees of an agency or instrumentality thereof,
    48  is authorized to appropriate a sum required to be paid under  such  plan
    49  by the municipal corporation as employer. The sum to be paid by it under
    50  such  plan,  in  the discretion of the municipal corporation, may be any
    51  percentage of the total cost,  including  the  whole  thereof.  For  the
    52  purposes  of this section, the term employee shall include the volunteer
    53  [firemen] firefighters of the municipality or fire district  or  employ-
    54  ees,  commissioners, or officers of a town improvement district governed
    55  by a separate board of commissioners.

        A. 8321--C                         17
 
     1    § 33. Paragraphs b and c of subdivision 2 of section 100 of the gener-
     2  al municipal law, paragraph b as amended by chapter 176 of the  laws  of
     3  1973, and paragraph c as amended by chapter 104 of the laws of 1960, are
     4  amended to read as follows:
     5    b.  A  fire  corporation  the members of which are volunteer [firemen]
     6  firefighters and which was incorporated  under  or  is  subject  to  the
     7  provisions  of section fourteen hundred two of the not-for-profit corpo-
     8  ration law, which is not included within  paragraph  a  above,  if  such
     9  corporation  is  by law under the general control of, or recognized as a
    10  fire corporation by, the governing board of a  city,  town,  village  or
    11  fire district, or
    12    c.  A  fire  corporation  the members of which are volunteer [firemen]
    13  firefighters and which was incorporated under, or  established  pursuant
    14  to  the provisions of, any general or special law, which is not included
    15  within paragraphs a and b above, if such corporation is by law under the
    16  general control of, or recognized as a fire corporation by, the  govern-
    17  ing  board  of a city, town, village, fire district or a district corpo-
    18  ration other than a fire district.
    19    § 34. The opening paragraph of section 121-a of the general  municipal
    20  law,  as  amended by chapter 597 of the laws of 1961, is amended to read
    21  as follows:
    22    Notwithstanding the provisions of any law,  general  or  special,  the
    23  town board or boards of a town or towns in the same county and the board
    24  or  boards  of  trustees  of an incorporated village or villages located
    25  wholly within such town or towns, may, upon the adoption of propositions
    26  therefor duly submitted in such town or towns and village  or  villages,
    27  determine  to create a joint town and village police department for such
    28  town or towns and village or villages. The proposition to  be  submitted
    29  in  such  village  or  villages may be submitted at a general or special
    30  election of each village and the proposition to  be  submitted  in  such
    31  town  or towns may be submitted at a general or special election of each
    32  town. Upon the adoption of a proposition therefor  as  herein  provided,
    33  the  town  board  or  boards  and the board or boards of trustees of the
    34  village or villages shall meet in joint session, at a time and place  to
    35  be  determined  by  agreement  of  such  boards, and organize such joint
    36  police department and establish  rules  and  regulations  governing  the
    37  same.  Such  boards shall at such meeting, by a majority vote, appoint a
    38  chief of police for such joint police department. Such chief  of  police
    39  shall  be a resident of the area covered by such joint department and be
    40  subject to the control, direction and supervision of such joint  boards.
    41  Such  chief  of  police shall be appointed for a term of office of three
    42  years, and shall receive such  compensation  as  the  town  and  village
    43  boards  at joint session may determine. A chief of police may be removed
    44  by joint action of the town and village boards upon written charges  for
    45  malfeasance  or  misfeasance  in  office. Such charges shall be filed in
    46  duplicate in the offices of the town and village clerks and a copy ther-
    47  eof served personally on the chief  of  police.  The  town  and  village
    48  boards shall, in joint session, designate a time and place for a hearing
    49  upon  such  charges  and  cause  notice  of  such  hearing  to be served
    50  personally upon the chief of police at least five days  before  the  day
    51  set for the hearing. The town and village boards shall hear the evidence
    52  in  support  and in defense of such charges and by majority vote make an
    53  order sustaining or dismissing the  charges.  An  order  sustaining  the
    54  charges shall operate as a removal and the town and village boards shall
    55  thereupon  appoint  another  person  to  fill the vacancy. The person so
    56  appointed shall hold office for the balance of  the  unexpired  term  or

        A. 8321--C                         18
 
     1  until  the  entry  of a final order by a court of competent jurisdiction
     2  determining that the  chief  of  police  was  wrongfully  or  unlawfully
     3  removed.  An  appeal  to  the  county court may be taken by the chief of
     4  police  removed  within  thirty days after personal service of a copy of
     5  such order of removal. The  county  court  shall  consider  the  charges
     6  presented  and review the evidence taken before such joint board. It may
     7  hear additional evidence and shall make such  determination  as  justice
     8  requires. A copy of such order shall be filed in the offices of the town
     9  and village clerks. An order by the county court determining the charges
    10  shall, upon such filing, act as the reinstatement of the person removed.
    11  The  board  or  boards of trustees of each village shall appoint village
    12  [policemen] police officers for service inside the area covered by  such
    13  joint  department,  and  the  town  board  or  boards shall appoint town
    14  [policemen] police officers for service inside the area covered by  such
    15  joint  department.  Such  town  and  village [policemen] police officers
    16  shall be appointed for such terms of office  and  receive  such  compen-
    17  sation  as  the  town  or  village  board  may determine. The expense of
    18  village [policemen] police officers, chargeable  by  law  to  a  village
    19  shall be a charge against the village employing them, and the expense of
    20  the  town [policemen] police officers chargeable by law to a town, shall
    21  be a charge against real property in the town  employing  them  situated
    22  outside  of  such  participating  village or villages. The salary of the
    23  chief of police and other expenses of  the  department,  except  compen-
    24  sation  of village and town [policemen] police officers, shall be appor-
    25  tioned between the village or villages and the town  or  towns  by  such
    26  boards  in  joint  session. The portion of such expense to be borne by a
    27  town shall be a charge in that portion of the town situated  outside  of
    28  such  participating village or villages and the portion to be borne by a
    29  village a village charge. Upon the creation of a joint town and  village
    30  police  department  as  herein  provided, the term of office of all town
    31  constables heretofore elected in such town or towns shall terminate  and
    32  thereafter  no  constables shall be elected in any such town, unless and
    33  until such police department is abolished  as  hereinafter  provided.  A
    34  joint  police  department established as provided by this section may be
    35  abolished upon the adoption of a proposition duly submitted at a general
    36  or special village or town election to  take  effect  on  January  first
    37  succeeding the next general election at which town officers are elected.
    38    §  35.  Subdivision  4 of section 186 of the general municipal law, as
    39  amended by chapter 574 of the laws  of  1978,  is  amended  to  read  as
    40  follows:
    41    4.  "Authorized  organization"  shall  mean  and include any bona fide
    42  religious or charitable organization or bona fide educational, fraternal
    43  or service organization or bona fide organization of veterans or  volun-
    44  teer [firemen] firefighters, which by its charter, certificate of incor-
    45  poration,  constitution, or act of the legislature, shall have among its
    46  dominant purposes one or more of the lawful purposes as defined in  this
    47  article, provided that each shall operate without profit to its members,
    48  and  provided  that each such organization has engaged in serving one or
    49  more of the lawful purposes as defined in this article for a  period  of
    50  three  years  [immediatley]  immediately prior to applying for a license
    51  under this article.
    52    No organization shall be deemed an authorized  organization  which  is
    53  formed primarily for the purpose of conducting games of chance and which
    54  does not devote at least seventy-five percent of its activities to other
    55  than  conducting  games of chance. No political party shall be deemed an
    56  authorized organization.

        A. 8321--C                         19
 
     1    § 36. The article heading of article 10 of the general  municipal  law
     2  is amended to read as follows:
     3                [FIREMEN] FIREFIGHTERS AND [POLICEMEN] POLICE
     4                                  OFFICERS
     5    §  37. Section 200 of the general municipal law, as amended by chapter
     6  954 of the laws of 1976, is amended to read as follows:
     7    § 200. Defining qualifications of  exempt  volunteer  [firemen]  fire-
     8  fighters.  An  exempt volunteer [fireman] firefighter is hereby declared
     9  to be a person who as a member of a volunteer fire company  duly  organ-
    10  ized  under  the  laws  of  the state of New York shall have at any time
    11  after attaining the age of eighteen years faithfully actually  performed
    12  service  in  the  protection  of  life and property from fire within the
    13  territory immediately protected by the company of which he or she  is  a
    14  member,  and  while  a  bona fide resident therein, for a period of five
    15  years, as provided in this article, or, if such company shall have  been
    16  sooner  disbanded upon the organization of a paid fire department, for a
    17  period of at least one year and shall also have been a  member  of  such
    18  volunteer fire company at the time it shall have been disbanded; but the
    19  limitation  of  one year's service shall not apply to a volunteer [fire-
    20  man] firefighter who was a member of a fire company which was  disbanded
    21  prior  to  January  first, nineteen hundred two. The foregoing residence
    22  requirements shall not apply (1) to a  volunteer  [fireman]  firefighter
    23  who  has been duly elected to membership in his or her fire company as a
    24  non-resident  member  residing  in  territory  which  is  afforded  fire
    25  protection  by  his  or her fire company pursuant to a contract for fire
    26  protection, as authorized by paragraph three of subdivision c of section
    27  fourteen hundred two of the not-for-profit corporation law or by  subdi-
    28  visions  two  and  three  of  either section 10-1006 of the village law,
    29  section one hundred seventy-six-b of the town law or  section  sixteen-a
    30  of  the general city law, (2) to a volunteer [fireman] firefighter whose
    31  membership has been duly continued in his or her fire company as author-
    32  ized by paragraph three of subdivision c of section fourteen hundred two
    33  of the not-for-profit corporation law or by subdivision five  of  either
    34  section 10-1006 of the village law, section one hundred seventy-six-b of
    35  the  town  law or section sixteen-a of the general city law and (3) to a
    36  volunteer [fireman] firefighter who has been duly elected to  membership
    37  as  a  non-resident as authorized by paragraph three of subdivision c of
    38  section fourteen hundred two of the not-for-profit corporation law or by
    39  subdivision six of either section 10-1006 of the  village  law,  section
    40  one  hundred  seventy-six-b  of the town law or section sixteen-a of the
    41  general city law. The foregoing requirement of five years' service shall
    42  not apply to a volunteer [fireman] firefighter serving as  such  at  the
    43  time  of his or her entry into the military service of the United States
    44  or of one of its allies in world war II, or during the period of hostil-
    45  ities as defined in subparagraph three or subparagraph four of paragraph
    46  (c) of subdivision one of section eighty-five of the civil service  law,
    47  who,  as  a result of such military service, shall have become incapaci-
    48  tated for performing the full duties of a volunteer [fireman] firefight-
    49  er, or to a volunteer [fireman] firefighter who, as the  result  of  the
    50  performance  of  his  or  her duties as such, shall have become likewise
    51  incapacitated, but any such volunteer [fireman] firefighter shall be  an
    52  exempt  volunteer  [fireman]  firefighter even though he or she may have
    53  served as such for a lesser period than five years, and he or she  shall
    54  be  entitled  to a certificate as provided in section two hundred two of
    55  this  [chapter]  article  which,  in  addition  to  the   specifications
    56  contained in said section, shall set forth the facts in reference to his

        A. 8321--C                         20
 
     1  or  her  military  service, if any, as aforesaid and that as a result of
     2  such military service, or as the result of service as a volunteer [fire-
     3  man] firefighter, he or she was incapacitated for  performing  the  full
     4  duties  of  a  volunteer  [fireman]  firefighter.    The  term "military
     5  service" as used in this section shall mean the same as the term  "mili-
     6  tary  duty"  as  used in section two hundred forty-three of the military
     7  law, except that it shall relate to service for an ally  of  the  United
     8  States in world war II as well as to service for the United States.
     9    §  38. Section 200-a of the general municipal law, as amended by chap-
    10  ter 295 of the laws of 1937, is amended to read as follows:
    11    § 200-a. Volunteer [firemen] firefighters serving  in  more  than  one
    12  fire  company or fire department. When any person has served as a volun-
    13  teer [fireman] firefighter as provided in section two  hundred  of  this
    14  [chapter]  article, for less than five years, and while in good standing
    15  in the company or department of which  he  or  she  was  a  member,  has
    16  resigned  therefrom or has been transferred from one company to another,
    17  he or she shall be entitled to a certificate as provided in section  two
    18  hundred two of this [chapter] article for the time he or she has actual-
    19  ly  served.  And  when  any  person has served five years as a volunteer
    20  [fireman] firefighter in  one  or  more  companies  or  departments,  as
    21  provided  in  section  two  hundred of this [chapter] article, he or she
    22  shall be deemed an exempt volunteer [fireman] firefighter  and  entitled
    23  to  all the rights and privileges of an exempt volunteer [fireman] fire-
    24  fighter.
    25    § 39. The section heading and subdivision 2 of section  200-b  of  the
    26  general  municipal law, the section heading as amended by chapter 543 of
    27  the laws of 1966, and subdivision 2 as amended by  chapter  461  of  the
    28  laws of 1955, are amended to read as follows:
    29    Leaves  of  absence  for volunteer [firemen] firefighters entering the
    30  armed forces of the United States prior to July first, nineteen  hundred
    31  sixty-six.
    32    2.  During the period of any such leave of absence the fire company or
    33  department may enroll another person as a member to take  the  place  of
    34  the  volunteer  [fireman] firefighter on such active duty. Any person so
    35  enrolled may continue as a member of the company or department until  he
    36  or  she shall have served the time necessary to qualify him or her as an
    37  exempt volunteer [fireman] firefighter, even  though  the  person  whose
    38  place  he  or she took may have resumed his or her duties as a volunteer
    39  [fireman] firefighter.
    40    § 40. The section heading and subdivision 2 of section  200-c  of  the
    41  general  municipal law, as added by chapter 543 of the laws of 1966, are
    42  amended to read as follows:
    43    Leaves of absence for volunteer [firemen]  firefighters  entering  the
    44  armed  forces  of  the  United  States  on or after July first, nineteen
    45  hundred sixty-six.
    46    2. During the period of any such leave of absence the fire company may
    47  elect to membership another person meeting the  membership  requirements
    48  of  the  fire company to take the place of the volunteer [fireman] fire-
    49  fighter on such active duty. Any person so  elected  to  membership  may
    50  continue  as  a  member of the fire company even though the person whose
    51  place he or she took may have resumed his or her duties as  a  volunteer
    52  member  of  such fire company, unless his or her membership shall termi-
    53  nate as provided by law when he or she shall no longer  meet  the  resi-
    54  dence requirements for members of such fire company.
    55    §  41. Section 201 of the general municipal law, as amended by chapter
    56  919 of the laws of 1958, is amended to read as follows:

        A. 8321--C                         21
 
     1    § 201. Rights and privileges of exempt volunteer [firemen]  firefight-
     2  ers.  In  case  any city, town or village in this state shall organize a
     3  paid fire department and thereby deprive any volunteer  [fireman]  fire-
     4  fighter  who has faithfully actually performed service in the protection
     5  of life and property within the territory protected by his or her compa-
     6  ny  of the right to serve a full term of five years such [fireman] fire-
     7  fighter shall be entitled to a full and honorable discharge; and to  all
     8  the rights and privileges granted by the laws of this state to volunteer
     9  [firemen]  firefighter,  provided, however, that if such paid department
    10  has been organized since the first day of January in the  year  nineteen
    11  hundred and two, he or she shall have so served for a consecutive period
    12  of at least one year immediately preceding the installation of said paid
    13  fire department.
    14    §  42. Section 202 of the general municipal law, as amended by chapter
    15  919 of the laws of 1958, is amended to read as follows:
    16    § 202. Certificate to be issued to exempt  volunteer  [firemen]  fire-
    17  fighter. Any person described in sections two hundred or two hundred one
    18  of  this  [chapter]  article shall be entitled to a certificate from the
    19  company in which he or she served or of which he or she was a member  at
    20  the time of its disbandment which shall show the date of the entrance of
    21  such [fireman] firefighter upon his or her service, the period of his or
    22  her service; if he or she was honorably discharged from such company the
    23  certificate  shall  so state; that he or she was in good standing in his
    24  or her company at the time of applying for such certificate  or  at  the
    25  time  he  or she was discharged therefrom; or that he or she was in good
    26  standing in his or her company at the time of the  disbandment  thereof.
    27  Such  certificate  shall be signed by the president, captain, foreman or
    28  secretary of the company and shall  be  acknowledged  by  such  officers
    29  before  an  officer commissioned to take acknowledgments, and shall also
    30  have attached thereto a certificate attested by  the  affidavit  of  the
    31  secretary,  clerk  or  other  person having the custody of the company's
    32  record of membership, that the statements  of  fact  contained  in  said
    33  certificate  are  true,  and  the  affidavit and acknowledgment shall be
    34  substantially in the following form:
 
    35  State of New York         )
    36                            ) ss.
    37  County of ............    )
 
    38    On this ............ day of ........... , in the  year  ...........  ,
    39  before me personally came ......................... , to me known and by
    40  me  known to be the same persons described in and who executed the fore-
    41  going certificate and they severally duly acknowledged to me  that  they
    42  executed  the same and the said ..............................  being by
    43  me duly sworn, deposes and says, that [he] he/she  is  .................
    44  of  the  company  aforesaid  and  is the custodian of the records of its
    45  membership and that the facts above stated relating to  the  service  of
    46  the person described in such certificate are true.
 
    47                                       ...................................
    48                                                  Notary Public
 
    49    Such  certificate  so attested shall in all courts of the state and in
    50  the offices of all persons clothed with power of appointment or  removal
    51  in  the service of this state and in the several cities, counties, towns

        A. 8321--C                         22
 
     1  and villages thereof, be presumptive evidence of the facts therein stat-
     2  ed.
     3    §  43. Section 202-a of the general municipal law, as added by chapter
     4  313 of the laws of 1951, is amended to read as follows:
     5    § 202-a. Recording certificates of exempt  volunteer  [firemen]  fire-
     6  fighter.  A  certificate  of  honorable discharge of an exempt volunteer
     7  [fireman] firefighter, or a certificate issued to  an  exempt  volunteer
     8  [fireman] firefighter under the provisions of section two hundred two of
     9  this  [chapter] article, may be recorded in any county, in the office of
    10  the county clerk, and when so recorded shall constitute  notice  to  all
    11  public officials of the facts set forth therein. It shall be the duty of
    12  the county clerk to record any such certificate, upon presentation ther-
    13  eof  without  the  payment of any fee.  This section also applies to the
    14  counties within the city of New York.  For any purpose  for  which  such
    15  original  honorable discharge or such exempt volunteer [fireman's] fire-
    16  fighter's certificate may be required in the state of New York, a certi-
    17  fied copy of such  record  shall  be  deemed  sufficient  and  shall  be
    18  accepted  in  lieu thereof. It shall be the duty of the county clerks of
    19  the counties within the city of New York upon the payment of one dollar,
    20  to furnish a certified copy of any such record of such an exempt  volun-
    21  teer  [fireman's]  firefighter's  certificate to any person applying for
    22  the same.
    23    § 44. The section heading of section 203 of the general municipal  law
    24  is amended to read as follows:
    25    List of exempt volunteer [firemen] firefighters to be filed.
    26    §  45.  Section 204 of the general municipal law is amended to read as
    27  follows:
    28    § 204. Qualifications necessary to entitle to certain exemptions.   No
    29  person  who  became a member of a volunteer fire organization within the
    30  state since the first day of January nineteen hundred and  two,  or  who
    31  shall have thereafter become such member who shall not possess the qual-
    32  ifications  prescribed  by  this article shall be entitled to any of the
    33  exemptions and privileges secured to volunteer [firemen] firefighters by
    34  the civil service law of this state.
    35    § 46. Section 204-a of the general municipal law, as added by  chapter
    36  965  of  the laws of 1961 and paragraph b of subdivision 1 as amended by
    37  chapter 680 of the laws of 1967, is amended to read as follows:
    38    § 204-a. Raising of funds for fire company purposes.  1.  Definitions.
    39  As used in this section:
    40    a. "Fire company" means:
    41    (1)  A volunteer fire company of a county, city, town, village or fire
    42  district fire department, whether or  not  any  such  company  has  been
    43  incorporated under any general or special law,
    44    (2)  A  fire  corporation the members of which are volunteer [firemen]
    45  firefighters and [which] was incorporated [under or is  subject  to  the
    46  provisions of article ten of the membership corporations law], and which
    47  is  not  included  within subparagraph (1) [above] of this paragraph, if
    48  such corporation is by law under the general control of,  or  recognized
    49  as  a  fire corporation by, the governing board of a city, town, village
    50  or fire district, or
    51    (3) A fire corporation the members of which  are  volunteer  [firemen]
    52  firefighters  and  which was incorporated under, or established pursuant
    53  to the provisions of, any general or special law, which is not  included
    54  within  [subparagraphs (2) and (3) above] this subparagraph and subpara-
    55  graph (2) of this paragraph, if such corporation is  by  law  under  the
    56  general  control of, or recognized as a fire corporation by, the govern-

        A. 8321--C                         23
 
     1  ing board of a city, town, village, fire district or a  district  corpo-
     2  ration other than a fire district.
     3    b. "Fund raising activity" means a method of raising funds to effectu-
     4  ate  the  lawful  purposes  of a fire company, but shall not include any
     5  method prohibited by the state constitution or  the  penal  statutes  of
     6  this  state,  public  fireworks  displays unless conducted in compliance
     7  with section 405.00 of the penal law, or the conduct of  a  business  or
     8  other  commercial  enterprise  except on temporary basis for a period or
     9  periods not to exceed a total of ninety days in any calendar year.  Such
    10  term   "fund  raising  activity"  shall  not  include  drills,  parades,
    11  inspections, reviews, competitive tournaments, contests or public  exhi-
    12  bitions,  described  in paragraphs e and i of subdivision one of section
    13  five of the volunteer [firemen's] firefighters' benefit law, even though
    14  prizes are awarded at such events.
    15    c. "Governing board of the political subdivision" means the  governing
    16  board  of  the  county,  city,  town,  village,  fire  district or other
    17  district corporation, as the case may be,  where  the  fire  company  is
    18  under  the  general  control of, or recognized as a fire corporation, by
    19  such governing board.
    20    2. Subject to the provisions of  this  section,  a  fire  company  may
    21  engage  in  a fund raising activity. Two or more fire companies may join
    22  in any such activity, and for the purposes of this  section  such  group
    23  shall be deemed a "fire company."
    24    3.  A  fund  raising  activity  shall not be conducted contrary to the
    25  by-laws, rules or regulations of the fire company or of the fire depart-
    26  ment of which it is a part.
    27    4. A fund raising activity must be conducted within the state  of  New
    28  York.  It  shall  be  under the exclusive auspices of a fire company and
    29  shall not be conducted in partnership with any other  person,  organiza-
    30  tion,  firm  or  corporation.  This  subdivision  shall not be deemed to
    31  prohibit the letting of concessions, or the entering into  of  contracts
    32  for rides or other attractions, at such activities, or the acceptance of
    33  aid  and  assistance  of  persons who are not active members of the fire
    34  company, or of other organizations, firms or corporations, in connection
    35  with such activities. The acceptance of such aid  and  assistance  shall
    36  not  subject  the  political subdivision to any liability as an employer
    37  under the volunteer [firemen's] firefighters' benefit law,  section  two
    38  hundred  seven-a of [the general municipal law] this article, the [work-
    39  men's] workers' compensation law, or any other comparable law.
    40    5. The firehouse, firehouse grounds, fire vehicles and  apparatus,  or
    41  other  property,  real  and personal, generally used by the fire company
    42  for its purposes may be used by it in the conduct of any such activity.
    43    6. The governing board of a political subdivision may, by resolution,
    44    (a) prohibit the fire company from engaging in fund raising activities
    45  or in any general or specific type of fund raising activity,
    46    (b) require the fire company, at its expense, to provide any insurance
    47  protection which such governing board deems  necessary  to  protect  the
    48  political  subdivision  against  claims and actions for damages by third
    49  parties arising out of or in connection with a fund raising activity.
    50    7. Participation by volunteer [firemen] firefighters in  fund  raising
    51  activities  shall  not be deemed to constitute "duty as volunteer [fire-
    52  men] firefighters" within the meaning of section two hundred  five-b  of
    53  this [chapter] article.
    54    8.  Notwithstanding  the  foregoing  provisions  of  this section, the
    55  provisions of this subdivision shall be applicable only in  relation  to
    56  fund  raising  activities  for which benefits would be paid and provided

        A. 8321--C                         24
 
     1  pursuant to paragraph m of subdivision one of section five of the volun-
     2  teer [firemen's] firefighters' benefit law:
     3    (a)  Before engaging in a fund raising activity the fire company shall
     4  cause the governing board of the political subdivision to be notified in
     5  writing that it proposes to conduct such activity. Any such notice shall
     6  contain a general description of the method which will be used to  raise
     7  funds  and  shall  specify  the  time or times when, the place or places
     8  where, and the period or periods  during  which  the  activity  will  be
     9  conducted  and  shall  set forth the names of the [firemen] firefighters
    10  who will serve on each of the committees or subcommittees in  connection
    11  with  the  activity.    Any  such  notice shall be filed with the clerk,
    12  secretary or other comparable officer of such governing  board.  In  the
    13  event  that  no action is taken by such governing board prohibiting such
    14  activity within thirty days after the filing of  such  notice,  then  it
    15  shall be deemed that the governing board has no objection to such activ-
    16  ity and the fire company may proceed to conduct the same.
    17    (b)  Sales  of  tickets  for admission to or in [conection] connection
    18  with a fund raising activity shall be by persons appointed as a  commit-
    19  tee  for  such purpose and shall be for or in relation to a fund raising
    20  activity to be held within sixty days after  the  sale  of  the  tickets
    21  commences.
    22    (c)  Members  of the fire company conducting the fund raising activity
    23  who attend or participate in the activity  for  their  own  pleasure  or
    24  convenience,  and  not as a worker in connection therewith, shall not be
    25  deemed to be engaged in the conduct of such activity.
    26    § 47. Subdivision 6 of section 204-b of the general municipal law,  as
    27  added by chapter 386 of the laws of 1978, is amended to read as follows:
    28    6. Participants in such programs shall not be eligible for any benefit
    29  provided by the volunteer [firemen's] firefighters' benefit law.
    30    §  48. Section 205 of the general municipal law, as amended by chapter
    31  852 of the laws of 1953, the subdivision third as amended by chapter 115
    32  of the laws of 1954, the opening paragraph of the subdivision  third  as
    33  amended by chapter 438 of the laws of 1956, and the subdivision sixth as
    34  added by chapter 699 of the laws of 1956, is amended to read as follows:
    35    §  205.  Payments  to injured or representatives of deceased volunteer
    36  [firemen] firefighters.  [First] 1.  If an active member of a  volunteer
    37  fire  company  in any city, incorporated village or in any fire district
    38  of a town outside of an incorporated village or in any part  of  a  town
    39  protected  by a volunteer fire company incorporated under the provisions
    40  of the membership corporations law, or if an active member of  any  duly
    41  organized  volunteer  fire company, dies from injuries incurred while in
    42  the performance of his or her duties as such [fireman] firefighter or as
    43  a member of a fire department emergency  relief  squad,  a  fire  police
    44  squad  or  a  fire patrol within one year thereafter, the city, village,
    45  fire district or town which is responsible as  provided  in  subdivision
    46  [fourth] four of this section shall pay as follows:
    47    a.  If such volunteer [fireman] firefighter is a member of a volunteer
    48  fire company located in any city in which a pension fund is  maintained,
    49  the  relatives of such volunteer [fireman] firefighter shall be entitled
    50  to a pension in the same manner and at the same rates as if  he  or  she
    51  were a member of the paid fire department of such city.
    52    b.  If  in  any other place the sum of three thousand dollars shall be
    53  paid to the widow or widower of such deceased volunteer [fireman]  fire-
    54  fighter  or  to the executor or administrator of his or her estate if he
    55  or she is not survived by a widow or widower. In addition there shall be
    56  paid to the widow or widower of such volunteer [fireman] firefighter for

        A. 8321--C                         25
 
     1  the benefit of such child or children the sum of twenty-five  dollars  a
     2  month  for  each  surviving child, including a posthumous child, of such
     3  deceased [fireman] firefighter under the age of eighteen years, but  not
     4  more  than a total of fifty dollars a month for all such children, or if
     5  the decedent be not survived by a widow or widower, or if he or she dies
     6  before the payments cease, then such payments for a  child  or  children
     7  shall  be  made  to  their  guardian  or to relatives with whom they are
     8  living for their benefit.
     9    [Second] 2.  Any such volunteer [fireman] firefighter who shall become
    10  permanently incapacitated for performing the full duties of a  volunteer
    11  [fireman]  firefighter  by  reason  of  disease  or disability caused or
    12  induced by actual performance of the duties  of  his  or  her  position,
    13  without fault or misconduct on his or her part, shall
    14    a.  If  a  member  of  a volunteer fire company located in any city in
    15  which a pension fund is maintained, be paid a pension in the same manner
    16  and at the same rate as if he or she were a  member  of  the  paid  fire
    17  department of such city.
    18    b. If a member of a volunteer fire company in any other place, be paid
    19  one-half  the  amount  which would have been payable in case of death to
    20  his or her executor or administrator under the provisions of subdivision
    21  [first] one of this section;
    22    Provided, however, that if such volunteer [fireman] firefighter  shall
    23  at the expiration of the disability payments provided for in subdivision
    24  [third]  three of this section be totally incapacitated to engage in any
    25  occupation for remuneration or profit by reason of disease or disability
    26  caused by actual performance of the duties of his or her position, with-
    27  out fault or misconduct on his or her part, he or she shall be paid  the
    28  sum  of  fifteen dollars per week during the period thereafter that such
    29  total incapacity shall continue and, in addition  thereto,  during  such
    30  period  there  shall be paid to him or her for the benefit of his or her
    31  child or children the sum of twelve dollars fifty cents a month for each
    32  child under the age of eighteen years, but not  more  than  a  total  of
    33  twenty-five  dollars  a  month  for all such children, but no payment on
    34  account of a child shall continue after such child shall  have  attained
    35  the  age  of eighteen years. In the event payments to a volunteer [fire-
    36  man] firefighter and his or her children on account of total incapacity,
    37  as heretofore in this subdivision provided, shall not have  amounted  to
    38  the sum to which he or she would otherwise have been entitled on account
    39  of  permanent  incapacity  for performing the full duties of a volunteer
    40  [fireman] firefighter and he or she shall be found to have recovered  to
    41  such  extent  that  he  or she is no longer totally incapacitated but is
    42  still permanently incapacitated for performing  the  full  duties  of  a
    43  volunteer  [fireman]  firefighter, there shall be paid to him or her the
    44  difference between the payments already made to him or her  for  his  or
    45  her  own  account  and  for  the  account of his or her children and the
    46  amount to which he or she would be entitled under  this  subdivision  on
    47  account  of  permanent  incapacity  for  performing the full duties of a
    48  volunteer [fireman] firefighter.  The authorities having jurisdiction to
    49  audit the claim of any volunteer [fireman]  firefighter  claiming  total
    50  disability benefits under this subdivision shall have the right to cause
    51  such injured volunteer [fireman] firefighter to be examined from time to
    52  time  at reasonable intervals by the municipal health authorities or any
    53  physician appointed by them for that purpose to determine whether  total
    54  disability  continues  and,  in  case  a volunteer [fireman] firefighter
    55  receiving total disability benefits hereunder shall refuse to permit any
    56  such examination to be made, such authorities  shall  be  authorized  to

        A. 8321--C                         26
 
     1  discontinue the payment of benefits to him or her until such examination
     2  is allowed.
     3    [Third] 3.  Any such volunteer [fireman] firefighter who shall receive
     4  injuries  while  performing his or her duties as such, while in the fire
     5  house, while going to or returning from a fire by any means  of  travel,
     6  transportation,  or conveyance whatever, or while working at the fire or
     7  answering a call or fire alarm or while officially engaged in testing or
     8  inspecting the apparatus, or equipment, or while engaged as a member  of
     9  a  fire  department,  or  fire  company,  emergency relief squad or fire
    10  police squad, or fire patrol or while attending a fire school, or  while
    11  instructing  or  being  instructed in fire duties or while attending any
    12  drill or parade or inspection in which his or her company or  department
    13  is  engaged,  or  while  engaged  in  emergency work not related to fire
    14  extinguishment or prevention or going to  or  returning  therefrom  when
    15  duly  authorized to participate therein, so as to necessitate medical or
    16  other lawful remedial treatment or prevent him or her from following his
    17  or her usual vocation on account thereof, shall be reimbursed  for  such
    18  sums  as  are  actually and necessarily paid for medical or other lawful
    19  remedial treatment, not exceeding five hundred dollars.  He or she shall
    20  also be compensated for the time he or she was actually and  necessarily
    21  prevented  from  following his or her vocation or for the time of his or
    22  her disability on account of such injuries, at the  rate  of  thirty-six
    23  dollars per week not to exceed one thousand eight hundred dollars.
    24    Notice of an injury or death for which benefits are payable under this
    25  section  shall  be  given  to the municipal corporation or fire district
    26  responsible for the payment thereof within thirty days  after  receiving
    27  such  injury,  and  also in case of the death of the volunteer [fireman]
    28  firefighter resulting from such injury within  thirty  days  after  such
    29  death. Such notice may be given by any person claiming to be entitled to
    30  such benefits or by someone in his or her behalf. The notice shall be in
    31  writing,  shall  contain the name and address of the volunteer [fireman]
    32  firefighter, and state in ordinary language the time, place, nature  and
    33  cause  of the injury and shall be signed by him or her or by a person on
    34  his or her behalf or, in case of death, by any one or more of his or her
    35  dependents, or by a person on their behalf. The notice shall be given to
    36  the comptroller or chief financial officer of the city, the clerk of the
    37  village, the secretary of the fire district, or the town  clerk  of  the
    38  town,  as the case may be, by delivering it to such officer or by regis-
    39  tered letter properly addressed to such officer.  The  failure  to  give
    40  notice  of  injury  or notice of death shall be a bar to any claim under
    41  this section. Failure to give notice of such injury or death within such
    42  thirty day period may be excused by the  county  judge  who  would  have
    43  jurisdiction  of  a  controversy  under  this section, upon petition and
    44  notice in the manner  provided  in  subdivision  [fifth]  five  of  this
    45  section,  either  upon  the  ground  that for some sufficient reason the
    46  notice had not been given, or that any member of a body in charge of, or
    47  any officer of the fire department or fire company had knowledge  within
    48  such  thirty day period, of the injuries or death, or that the municipal
    49  corporation or fire district has not  been  prejudiced  by  a  delay  in
    50  giving such notice.
    51    Any such volunteer [fireman] firefighter who shall receive injuries as
    52  aforesaid  shall, when certified by the chief or other executive officer
    53  of the fire department or by  the  appropriate  administrative  officers
    54  under  whom  he  or  she  serves, be received by any public, private, or
    55  semi-private hospital for care and treatment at the usual ward or  semi-
    56  private patient rates, including charges at the prevailing ward or semi-

        A. 8321--C                         27
 
     1  private  patient  rates  for  necessary nursing, laboratory tests, x-ray
     2  examinations and physical therapy, or, in case any such hospital  has  a
     3  contract  with the municipality served by such volunteer [fireman] fire-
     4  fighter, then at the rates specified in such contract.
     5    Within two years after receiving the injury, or if death results ther-
     6  efrom  within two years after such death, a claim for the benefits under
     7  this section shall be filed with the same officer to whom a notice of an
     8  injury must be given, as aforesaid. The claim shall be in  substantially
     9  the  same  form  and shall give substantially the same information as is
    10  required to be given in a claim under the provisions of section  twenty-
    11  eight of the [workmen's] workers' compensation law.  Notwithstanding the
    12  provisions  of any other law, any such claim need not be sworn to, veri-
    13  fied or acknowledged.
    14    Payments of weekly benefits under this section shall  commence  within
    15  fifteen  days  after the filing of such claim, and payments of lump sum,
    16  and monthly,  death  benefits  under  this  section  shall  be  made  or
    17  commenced  within thirty days after such filing. In the event of a fail-
    18  ure to make such payments within any such period or to continue the same
    19  for the time required therefor, a controversy shall be presumed to  have
    20  arisen and a proceeding may thereupon be instituted pursuant to subdivi-
    21  sion [fifth] five of this section to compel such payment.
    22    [Fourth]  4.  In cities any benefit under this section shall be a city
    23  charge and any claim therefor shall be audited  and  paid  in  the  same
    24  manner  as other city charges, except that no part of the moneys payable
    25  under this section shall be paid from the  pension  funds  of  the  said
    26  departments  therein.  In  villages  any such benefit shall be a village
    27  charge and any claim therefor shall be audited  and  paid  in  the  same
    28  manner as other village charges, and shall be assessed upon the property
    29  liable to taxation in said village, and levied and collected in the same
    30  manner  as  village taxes. In fire districts any such benefit shall be a
    31  fire district charge and any claim therefor shall be audited and paid in
    32  the same manner as other fire district charges, and  shall  be  assessed
    33  upon  the property in such fire districts liable to taxation, and levied
    34  and collected in the same manner as fire district taxes. If such  [fire-
    35  man]  firefighter was a member of a town fire company or fire department
    36  or a member of a fire company incorporated under the  membership  corpo-
    37  rations  law,  located  outside of a city, village or fire district, any
    38  such benefit shall be a town charge and  any  claim  therefor  shall  be
    39  audited  and  paid  in  the  same  manner  as  town charges and shall be
    40  assessed upon the property liable to taxation in the territory protected
    41  by such fire company and levied and collected in the same manner as town
    42  charges therein. If such [fireman] firefighter was a member  of  a  fire
    43  company or fire department operating in, or maintained jointly by two or
    44  more  villages, or two or more towns, or two or more fire districts, any
    45  such benefit shall be  a  charge  against  the  village,  town  or  fire
    46  district, in which the fire occurred. If such injury occur while assist-
    47  ance  is  being  rendered  to  a  neighboring  city, town, village, fire
    48  district, fire protection district (including a fire protection district
    49  served by the company or department of which such [fireman]  firefighter
    50  is  a  member),  fire  alarm  district,  or  territory  outside any such
    51  district upon the call of such city, town, village, fire district,  fire
    52  protection  district, fire alarm district, or territory outside any such
    53  district, or while going to or returning from the place from whence such
    54  call came, or death shall result from any such injury, any such  benefit
    55  shall  be  a  charge  against such neighboring city, town, village, fire
    56  district, fire protection district, fire alarm  district,  or  territory

        A. 8321--C                         28
 
     1  outside  any such district, so issuing the call for assistance and after
     2  audit shall be paid and assessed upon the property liable to taxation in
     3  such neighboring city, town, village,  fire  district,  fire  protection
     4  district,  fire  alarm district, or territory outside any such district,
     5  and levied and collected in the same manner as other charges against the
     6  same are levied and collected.
     7    Any city, village, fire district or town may finance  the  payment  of
     8  any  benefits  payable under the provisions of this section by the issu-
     9  ance of serial bonds or capital notes pursuant to the local finance  law
    10  unless  it  is  required  by  some  other  law to pay such benefits from
    11  current funds.
    12    Any such city, village, fire district or the town board acting for and
    13  on behalf of any fire protection district, fire alarm district or terri-
    14  tory outside any such district, may contract for insurance  indemnifying
    15  against  the  liability  imposed  by this section, provided further that
    16  such contract of insurance shall also indemnify  against  the  liability
    17  imposed  by  the  [workmen's]  workers'  compensation law in relation to
    18  injuries or death of volunteer [firemen] firefighter, and  the  cost  of
    19  such insurance shall be paid and provided in the same manner as benefits
    20  are required to be paid and provided in this section.
    21    If  any claim under this section is one for which an insurance company
    22  might be liable, or if it is a claim for which a  mutual  self-insurance
    23  plan under subdivision three-a of section fifty of the [workmen's] work-
    24  ers'  compensation  law might be liable, the officer to whom a notice of
    25  injury is required to be delivered or mailed and with whom  a  claim  is
    26  required  to  be filed under the provisions of this section shall send a
    27  copy of any such notice or claim and a copy of any notice of a  proceed-
    28  ing relating to an injury or claim to such insurance company or plan, as
    29  the case may be, promptly after receiving the same.
    30    Any  money  paid  to  an  executor  or  administrator under any of the
    31  provisions of this section shall be distributed in the  manner  provided
    32  by  law  for  the  distribution of personal property, and all money paid
    33  under this section shall be exempt from any process for  the  collection
    34  of debts either against the volunteer [fireman] firefighter or any bene-
    35  ficiary to whom the same is paid under the provisions of this section.
    36    No  release  from the liability imposed by this section shall be valid
    37  if it shall appear that  the  person  executing  such  release  has  not
    38  received  the  full  amount  to  which  he  or she is entitled under the
    39  provisions of this section.
    40    The words "injury" and "injuries", as used in  this  section,  include
    41  any  disablement  of  a  volunteer  [fireman]  firefighter as the direct
    42  result of the performance of his or her duties.
    43    If for the purpose of obtaining  any  benefit  or  payment  under  the
    44  provisions of this section, or for the purpose of influencing any deter-
    45  mination  regarding  any benefit or payment under the provisions of this
    46  section, either for himself or herself or  for  any  other  person,  any
    47  person  [wilfully]  willfully makes a false statement or representation,
    48  he or she shall be guilty of a misdemeanor.
    49    The provisions of this section relating to giving notice of injury and
    50  filing claim, and to the contents of any such notice or claim, shall  be
    51  construed  liberally  in order to effectuate the objects and purposes of
    52  this section.
    53    [Fifth] 5.  Any controversy arising at any time under  the  provisions
    54  of this section shall be determined by the county judge of any county in
    55  which  the city, village, fire district, or town, which would be respon-
    56  sible for payments under this section, is located. For that purpose, any

        A. 8321--C                         29
 
     1  party may present a petition to such county  judge,  setting  forth  the
     2  facts  and  rights which are claimed. A copy of such petition and notice
     3  of the time and place when the same will be presented shall be served on
     4  all  persons interested therein, at least eight days prior to such pres-
     5  entation.
     6    [Sixth] 6.  The provisions of this section shall not apply  to  volun-
     7  teer  [firemen] firefighters killed or injured on or after the first day
     8  of March, nineteen hundred fifty-seven, or who die from the  effects  of
     9  injuries received on or after such date.
    10    §  49. Section 205-c of the general municipal law, as added by chapter
    11  127 of the laws of 1955, is amended to read as follows:
    12    § 205-c. Payments  pending  controversies  where  volunteer  [firemen]
    13  firefighters  are  killed or injured. In order to provide for the prompt
    14  payment of benefits under sections two  hundred  five  and  two  hundred
    15  nine-a  of  this  [chapter]  article, and under the [workmen's] workers'
    16  compensation law, where such benefits are conceded  to  be  due  to  any
    17  person  because  of  the  death  of or injuries to a volunteer [fireman]
    18  firefighter but controversy exists as to which city,  village,  town  or
    19  fire  district is liable for the payment thereof, the municipalities and
    20  districts involved in such controversy and their insurance carriers,  if
    21  any,  may agree that any one or more of such municipalities or districts
    22  or its insurance carrier shall pay the benefits to, or in  relation  to,
    23  the  person conceded to be entitled to such benefits without waiting for
    24  a final  determination  of  the  controversy,  and  may  carry  out  the
    25  provisions  of  such an agreement. Notwithstanding any such payment, any
    26  party to the agreement may seek a final determination of the controversy
    27  in the same manner as if such payment had not been made.  After a  final
    28  determination  the parties to the agreement shall make any necessary and
    29  proper reimbursement to conform to the determination.  The term  "insur-
    30  ance carrier" as used herein shall mean an insurance company, or a coun-
    31  ty  mutual self-insurance plan in accordance with subdivision three-a of
    32  section fifty of the [workmen's] workers' compensation law, or any  plan
    33  which  shall  be provided for by law in amendment of or substitution for
    34  such a plan.
    35    § 50. Section 206 of the general municipal law, as amended by  chapter
    36  892 of the laws of 1972, is amended to read as follows:
    37    §  206.  Certificate  to  [policemen  and firemen] police officers and
    38  firefighters; free transportation; use  of  telegraph  lines  and  tele-
    39  phones.  The  mayor  of  each  city  of this state and the mayor of each
    40  incorporated village may issue, under the seal of his or her office,  to
    41  each [policeman and fireman] police officer and firefighter appointed by
    42  the  duly-constituted authorities of such city or village, a certificate
    43  of the appointment and qualification  of  such  [policeman  or  fireman]
    44  police  officer  and firefighter as such, and specifying the duration of
    45  his or her term of office; and it shall thereupon be the duty  of  every
    46  street surface and elevated railroad company carrying on business within
    47  such  city  or  village,  to transport every such [policeman or fireman]
    48  police officer and firefighter free of charge while he or she is travel-
    49  ing in the course of the performance of the duties of his or her office.
    50  Every telegraph or telephone company engaged  in  business  within  such
    51  city  or  village,  shall  afford  to such [policeman or fireman] police
    52  officer and firefighter the use of its telegraph lines or telephones for
    53  the purpose of making and receiving reports and  communications  in  the
    54  course of the performance of his or her official duties.
    55    §  51.  Section  206-a  of the general municipal law, as renumbered by
    56  chapter 15 of the laws of 1941, is amended to read as follows:

        A. 8321--C                         30
 
     1    § 206-a. Penalty for improper use of certificates. Every [policeman or
     2  fireman] police officer and  firefighter  who  shall  permit  any  other
     3  person  to  use  the certificate issued to him or her as provided by the
     4  last section, or shall present or make use of  the  same,  except  while
     5  acting  in  the course of the performance of his or her official duties,
     6  or who shall use such certificate after the expiration  of  his  or  her
     7  term  of office or his resignation or removal therefrom, shall be deemed
     8  guilty of a misdemeanor.
     9    § 52. Section 206-b of the general municipal law, as amended by  chap-
    10  ter 805 of the laws of 1984, is amended to read as follows:
    11    §  206-b.  Exemption of benefits payable under blanket accident insur-
    12  ance covering volunteer [firemen] firefighters.    Not  only  shall  the
    13  benefits payable or allowable under any blanket accident insurance poli-
    14  cy  or  contract  purchased (1) by a fire department pursuant to section
    15  four thousand two hundred thirty-seven of the insurance law, or (2) by a
    16  municipal corporation or fire district pursuant to any general,  special
    17  or  local law, to insure active volunteer [firemen] firefighters against
    18  injury or death resulting from bodily injuries sustained by such  [fire-
    19  men]  firefighters    in  the performance of their duties be exempt from
    20  execution as provided in subsection (c) of section  three  thousand  two
    21  hundred  twelve  of  the insurance law, but also any benefits payable or
    22  allowable under any such policy or contract in the event of the death of
    23  an  insured  volunteer  [fireman]  firefighter  shall  be  exempt   from
    24  execution  for  the  purpose  of satisfying any debt or liability of the
    25  beneficiary designated in the policy or contract, or in the  event  that
    26  the  insured  volunteer [fireman] firefighter is a minor shall be exempt
    27  from execution for the purpose of satisfying any debt  or  liability  of
    28  the  person to whom such benefits are payable pursuant to subsection (b)
    29  of section four thousand two hundred thirty-seven of the insurance law.
    30    § 53. Section 207-a of the general municipal law, as amended by  chap-
    31  ter  965 of the laws of 1977, subdivision 1 as amended by chapter 806 of
    32  the laws of 1986, subdivisions 2, 3 and 4 as amended and subdivision 4-a
    33  as added by chapter 661 of the  laws  of  1984,  and  subdivision  6  as
    34  amended  by  chapter  481  of  the  laws  of 1998, is amended to read as
    35  follows:
    36    § 207-a. Payment of salary, medical and hospital expenses of [firemen]
    37  firefighters with injuries or illness incurred in performance of duties.
    38  1. Any paid [fireman] firefighter which term as  used  in  this  section
    39  shall  mean  any  paid officer or member of an organized fire company or
    40  fire department of a city of less than one million population, or  town,
    41  village  or  fire  district, who is injured in the performance of his or
    42  her duties or who is taken sick as a result of the performance of his or
    43  her duties so as to necessitate medical or other lawful remedial  treat-
    44  ment,  shall be paid by the municipality or fire district by which he or
    45  she is employed the full amount of his or her regular  salary  or  wages
    46  until  his or her disability arising therefrom has ceased, and, in addi-
    47  tion, such municipality or fire district shall be liable for all medical
    48  treatment and hospital care furnished during such disability.  Provided,
    49  however, and notwithstanding the foregoing provisions of  this  section,
    50  the  municipal  health  authorities  or  any physician appointed for the
    51  purpose by the municipality  or  fire  district,  may  attend  any  such
    52  injured  or  sick  [fireman]  firefighter,  from  time  to time, for the
    53  purpose of providing medical, surgical or other treatment, or for making
    54  inspections and the municipality or fire district shall  not  be  liable
    55  for  salary or wages payable to such a [fireman] firefighter, or for the
    56  cost of medical or hospital care or treatment furnished, after such date

        A. 8321--C                         31
 
     1  as the health authorities or such  physician  shall  certify  that  such
     2  injured  or  sick  [fireman] firefighter has recovered and is physically
     3  able to perform his or her regular duties in the company or  department.
     4  Any  injured  or  sick  [fireman] firefighter who shall refuse to accept
     5  such medical treatment or  hospital  care  or  shall  refuse  to  permit
     6  medical inspections as herein authorized, including examinations result-
     7  ing  from  the application of subdivision two hereof, shall be deemed to
     8  have waived his or her rights under this section in respect to  expenses
     9  incurred for medical treatment or hospital care or salary or wages paya-
    10  ble after such refusal.
    11    Notwithstanding  any  provision  of law to the contrary, a provider of
    12  medical treatment or hospital care furnished pursuant to the  provisions
    13  of  this  section  shall not collect or attempt to collect reimbursement
    14  for such treatment or care from any such member of the  fire  department
    15  of any such city.
    16    2.  Payment of the full amount of regular salary or wages, as provided
    17  by subdivision one of this section, shall be discontinued  with  respect
    18  to  any [fireman] firefighter who is permanently disabled as a result of
    19  an injury or sickness incurred or resulting from the performance of  his
    20  or  her  duties  if  such [fireman] firefighter is granted an accidental
    21  disability  retirement  allowance  pursuant  to  section  three  hundred
    22  sixty-three  of the retirement and social security law, a retirement for
    23  disability incurred in performance of duty allowance pursuant to section
    24  three hundred sixty-three-c of the retirement and social security law or
    25  similar accidental disability pension provided by the  pension  fund  of
    26  which  he  or  she is a member; provided, however, that in any such case
    27  such [fireman] firefighter shall continue to receive  from  the  munici-
    28  pality  or fire district by which he or she is employed, until such time
    29  as he or she shall have attained the mandatory  service  retirement  age
    30  applicable to him or her or shall have attained the age or performed the
    31  period of service specified by applicable law for the termination of his
    32  or  her  service, the difference between the amounts received under such
    33  allowance or pension and the amount of his  or  her  regular  salary  or
    34  wages.  Any  payment  made  by  a municipal corporation or fire district
    35  pursuant to the provisions of this subdivision shall be deemed  to  have
    36  been made for a valid and lawful public purpose. If application for such
    37  retirement allowance or pension is not made by such [fireman] firefight-
    38  er,  application therefor may be made by the head of the fire company or
    39  fire department or as otherwise provided by the fire district or by  the
    40  chief executive officer or local legislative body of the municipality by
    41  which  such  [fireman]  firefighter is employed. If such application for
    42  accidental disability retirement allowance or retirement for  disability
    43  incurred  in  performance of duty allowance is denied, the fire district
    44  or municipal corporation by which such [fireman] firefighter is employed
    45  may appeal such determination.
    46    3. If such a [fireman] firefighter is  not  eligible  for  or  is  not
    47  granted  such  accidental  disability retirement allowance or retirement
    48  for disability incurred in performance  of  duty  allowance  or  similar
    49  accidental  disability  pension  and  is nevertheless, in the opinion of
    50  such health authorities or physician, unable to perform his or her regu-
    51  lar duties as a result of such injury or sickness but is able, in  their
    52  opinion,  to  perform specified types of light duty, payment of the full
    53  amount of regular salary or wages, as provided  by  subdivision  one  of
    54  this section, shall be discontinued with respect to such [fireman] fire-
    55  fighter if he or she shall refuse to perform such light duty if the same
    56  is  available  and  offered  to him or her, provided, however, that such

        A. 8321--C                         32

     1  light duty shall be consistent with his or her  status  as  a  [fireman]
     2  firefighter  and  shall  enable him or her to continue to be entitled to
     3  his or her regular salary or  wages,  including  increases  thereof  and
     4  fringe  benefits,  to  which he or she would have been entitled if he or
     5  she were able to perform his or her regular duties.
     6    4. If such a [fireman] firefighter is  not  eligible  for  or  is  not
     7  granted  an accidental disability retirement allowance or retirement for
     8  disability incurred in performance of duty allowance  or  similar  acci-
     9  dental  disability  pension,  he or she shall not be entitled to further
    10  payment of the full amount of regular salary or wages,  as  provided  by
    11  subdivision one of this section, after he or she shall have attained the
    12  mandatory  service retirement age applicable to him or her or shall have
    13  attained the age or performed the period of service specified by  appli-
    14  cable law for the termination of his or her service. Where such a [fire-
    15  man] firefighter retires or is retired under any procedure applicable to
    16  him  or  her,  including  but  not limited to circumstances described in
    17  subdivision two of this section or in this subdivision, he or she  shall
    18  thereafter, in addition to any portion of regular wages or salary and/or
    19  any retirement allowance or pension to which he or she is then entitled,
    20  continue  to be entitled to medical treatment and hospital care necessi-
    21  tated by reason of such injury or illness.
    22    4-a. Any benefit payable pursuant to subdivision two of  this  section
    23  to  a  person  who  is  granted  retirement  for  disability incurred in
    24  performance of duty pursuant to section three hundred  sixty-three-c  of
    25  the retirement and social security law shall be reduced by the amount of
    26  the  benefits  that  are  finally  determined payable under the workers'
    27  compensation law by reason of accidental disability.
    28    5. The appropriate municipal or fire district officials  may  transfer
    29  such a [fireman] firefighter to a position in the same or another agency
    30  or  department where they are able to do so pursuant to applicable civil
    31  service  requirements  and  provided  the  [fireman]  firefighter  shall
    32  consent thereto.
    33    6.  Any  [fireman] firefighter receiving payments or benefits pursuant
    34  to this section, who engages in any employment other than as provided in
    35  subdivision three or five of this section shall on the  commencement  of
    36  such  employment,  forfeit  his  or  her entitlement to any payments and
    37  benefits hereunder, and any such payment or benefit unlawfully  received
    38  by  such [fireman] firefighter shall be refunded to and may be recovered
    39  by the municipal corporation or fire district employing  such  [fireman]
    40  firefighter  in  a  civil  action.    For  the purposes of this section,
    41  employment shall not include income  derived  from  passive  involvement
    42  with:  gains  derived  from dealings in property, interest income, rents
    43  from real property, royalties, dividends, alimony and  separate  mainte-
    44  nance  payments,  annuities,  income  from  life insurance and endowment
    45  contracts, other pensions, income from the  discharge  of  indebtedness,
    46  income  in  the respect of a decedent, and income from an interest in an
    47  estate or trust.
    48    7. Notwithstanding any provision of  law  contrary  thereto  contained
    49  herein  or elsewhere, a cause of action shall accrue to the municipality
    50  or fire district aforesaid for reimbursement in such sum or sums actual-
    51  ly paid as a salary or wages and/or for medical or  hospital  treatment,
    52  as  against any third party against whom the [fireman] firefighter shall
    53  have a cause of action for the injuries sustained.
    54    § 54. Section 207-b of the general municipal law, as added by  chapter
    55  291  of the laws of 1960, subdivision 2 as amended by chapter 278 of the

        A. 8321--C                         33

     1  laws of 1961, and subdivision 3 as amended by chapter 721 of the laws of
     2  1973, is amended to read as follows:
     3    §  207-b.  Additional  retirement benefits for certain [firemen] fire-
     4  fighters in cities. 1. As used in this section:
     5    a. "Final compensation" means the average annual salary or  wages  for
     6  services  as  a [fireman] firefighter earned from the date of his or her
     7  minimum period to the date of his or her retirement.
     8    b. "[Fireman] Firefighter" means a  paid  officer  or  member  of  the
     9  uniformed force of the fire department of a city.
    10    c.  "Minimum  period"  means  a  fixed number of years of service as a
    11  [fireman] firefighter specified in a plan or option elected  by  him  or
    12  her  as  a  necessary prerequisite for a pension or retirement allowance
    13  upon retirement from such service.
    14    2. Notwithstanding the provisions of any  general,  special  or  local
    15  law,  charter  or  administrative  code and in lieu of any lesser amount
    16  thereby prescribed, in the event a [fireman] firefighter has  served  as
    17  such  for  his  or  her  minimum period and thereafter continues in such
    18  service, upon his or her subsequent retirement for any cause whatsoever,
    19  there shall be added to the amount of the annual pension  or  retirement
    20  allowance to which he or she was entitled upon such retirement, an addi-
    21  tional  amount  computed at the rate of one-sixtieth of his or her final
    22  compensation for each year of such additional service.
    23    3. The provisions of this section shall not apply to  members  of  the
    24  New  York  state  [policemen's]  and  local  police and [firemen's] fire
    25  retirement system.
    26    § 55. Section 207-c of the general municipal law, as added by  chapter
    27  920  of the laws of 1961, subdivision 1 as amended by section 2 of chap-
    28  ter 522 of the laws of 2015, and subdivisions 2, 3 and 5 as  amended  by
    29  chapter 661 of the laws of 1984, is amended to read as follows:
    30    §  207-c.  Payment  of salary, wages, medical and hospital expenses of
    31  [policemen] police officers with injuries or  illness  incurred  in  the
    32  performance  of duties.  1. Any sheriff, undersheriff, deputy sheriff or
    33  corrections officer of the sheriff's department of  any  county  or  any
    34  member  of  a  police force of any county, city of less than one million
    35  population, town or village, or of any district, agency, board, body  or
    36  commission  thereof,  or any LIRR police officer as defined in paragraph
    37  two of subdivision a of section three hundred eighty-nine of the retire-
    38  ment and social security law whose benefits are provided in and pursuant
    39  to such section three hundred eighty-nine, or  a  detective-investigator
    40  or  any  other  investigator  who  is  a  police officer pursuant to the
    41  provisions of the criminal procedure law employed in  the  office  of  a
    42  district attorney of any county, or any corrections officer of the coun-
    43  ty  of  Erie department of corrections, or an advanced ambulance medical
    44  technician employed by the county of Nassau, or  any  detention  officer
    45  employed by the city of Yonkers, or any supervising fire inspector, fire
    46  inspector, fire marshal, or assistant fire marshal employed full-time in
    47  the  county  of  Nassau  fire  marshal's office, or at the option of the
    48  county of Nassau, any probation officer of the county of Nassau  who  is
    49  injured  in the performance of his or her duties or who is taken sick as
    50  a result of the performance of his or her duties so  as  to  necessitate
    51  medical  or other lawful remedial treatment shall be paid by the munici-
    52  pality or The Long Island Rail Road  Company  by  which  he  or  she  is
    53  employed the full amount of his or her regular salary or wages from such
    54  employer  until his or her disability arising therefrom has ceased, and,
    55  in addition such municipality or The Long Island Rail Road Company shall
    56  be liable for all medical treatment and hospital  care  necessitated  by

        A. 8321--C                         34
 
     1  reason  of such injury or illness.  Provided, however, and notwithstand-
     2  ing the foregoing provisions of this section, the municipal or The  Long
     3  Island  Rail  Road Company health authorities or any physician appointed
     4  for  the purpose by the municipality or The Long Island Rail Road Compa-
     5  ny, as relevant, after a determination has first  been  made  that  such
     6  injury  or sickness was incurred during, or resulted from, such perform-
     7  ance of duty, may attend any such injured  or  sick  [policeman]  police
     8  officer, from time to time, for the purpose of providing medical, surgi-
     9  cal  or other treatment, or for making inspections, and the municipality
    10  or The Long Island Rail Road Company, as the case may be, shall  not  be
    11  liable  for  salary or wages payable to such [policeman] police officer,
    12  or for the cost of medical treatment or hospital  care  furnished  after
    13  such  date  as  such  health authorities or physician shall certify that
    14  such injured or sick [policeman] police officer  has  recovered  and  is
    15  physically  able  to  perform  his or her regular duties. Any injured or
    16  sick [policeman] police officer  who  shall  refuse  to  accept  medical
    17  treatment or hospital care or shall refuse to permit medical inspections
    18  as herein authorized, including examinations pursuant to subdivision two
    19  of  this section, shall be deemed to have waived his or her rights under
    20  this section in respect to expenses for medical  treatment  or  hospital
    21  care rendered and for salary or wages payable after such refusal.
    22    Notwithstanding  any  provision  of law to the contrary, a provider of
    23  medical treatment or hospital care furnished pursuant to the  provisions
    24  of  this  section  shall not collect or attempt to collect reimbursement
    25  for such treatment or care from any such [policeman] police officer, any
    26  such advanced ambulance medical technician or any such  detention  offi-
    27  cer.
    28    2.  Payment of the full amount of regular salary or wages, as provided
    29  by subdivision one of this section, shall be discontinued  with  respect
    30  to  any  [policeman]  police  officer  who  is permanently disabled as a
    31  result of an injury or sickness incurred or resulting from the  perform-
    32  ance  of his or her duties if such [policeman] police officer is granted
    33  an accidental disability retirement allowance pursuant to section  three
    34  hundred sixty-three of the retirement and social security law, a retire-
    35  ment  for  disability incurred in performance of duty allowance pursuant
    36  to section three hundred sixty-three-c  of  the  retirement  and  social
    37  security  law  or  similar accidental disability pension provided by the
    38  pension fund of which he or she is a member.  If  application  for  such
    39  retirement  allowance  or pension is not made by such [policeman] police
    40  officer, application therefor may be made by  the  head  of  the  police
    41  force  or  as otherwise provided by the chief executive officer or local
    42  legislative body of the municipality by which  such  [policeman]  police
    43  officer is employed.
    44    3.  If such a [policeman] police officer is not eligible for or is not
    45  granted such accidental disability retirement  allowance  or  retirement
    46  for  disability  incurred  in  performance  of duty allowance or similar
    47  accidental disability pension and is nevertheless,  in  the  opinion  of
    48  such health authorities or physician, unable to perform his or her regu-
    49  lar  duties as a result of such injury or sickness but is able, in their
    50  opinion, to perform specified types of light police duty, payment of the
    51  full amount of regular salary or wages, as provided by  subdivision  one
    52  of  this section, shall be discontinued with respect to such [policeman]
    53  police officer if he or she shall refuse to perform  such  light  police
    54  duty  if  the  same  is  available  and offered to him or her, provided,
    55  however, that such light duty shall be consistent with his or her status
    56  as a [policeman] police officer and shall enable him or her to  continue

        A. 8321--C                         35
 
     1  to  be  entitled  to  his  or  her  regular  salary  or wages, including
     2  increases thereof and fringe benefits, to which he  or  she  would  have
     3  been  entitled  if  he  or  she  were able to perform his or her regular
     4  duties.
     5    4. The appropriate municipal officials may transfer such a [policeman]
     6  police  officer to a position in another agency or department where they
     7  are able to do so pursuant to applicable civil service requirements  and
     8  provided the [policeman] police officer shall consent thereto.
     9    5.  If such a [policeman] police officer is not eligible for or is not
    10  granted an accidental disability retirement allowance or retirement  for
    11  disability  incurred  in  performance of duty allowance or similar acci-
    12  dental disability pension, he or she shall not be  entitled  to  further
    13  payment  of  the  full amount of regular salary or wages, as provided by
    14  subdivision one of this section, after he or she shall have attained the
    15  mandatory service retirement age applicable to him or her or shall  have
    16  attained  the age or performed the period of service specified by appli-
    17  cable law for the termination of  his  or  her  service.  Where  such  a
    18  [policeman]  police  officer is transferred to another position pursuant
    19  to subdivision four of this section or retires or is retired  under  any
    20  procedure applicable to him or her, including but not limited to circum-
    21  stances described in subdivision two of this section or in this subdivi-
    22  sion,  he  or she shall thereafter, in addition to any retirement allow-
    23  ance or pension to which he or she is  then  entitled,  continue  to  be
    24  entitled  to  medical treatment and hospital care necessitated by reason
    25  of such injury or illness.
    26    6. Notwithstanding any provision of  law  contrary  thereto  contained
    27  herein  or elsewhere, a cause of action shall accrue to the municipality
    28  for reimbursement in such sum or sums actually paid as salary  or  wages
    29  and  or  for  medical  treatment  and hospital care as against any third
    30  party against whom the [policeman] police officer shall have a cause  of
    31  action for the injury sustained or sickness caused by such third party.
    32    §  56. Subdivisions 1, 4 and 6 of section 207-c of the general munici-
    33  pal law, subdivision 1 as amended by section 1 of  chapter  522  of  the
    34  laws  of 2015, and subdivisions 4 and 6 as amended by chapter 628 of the
    35  laws of 1991, are amended to read as follows:
    36    1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
    37  the sheriff's department of any county (hereinafter  referred  to  as  a
    38  ["policeman"]  "police  officer") or any member of a police force of any
    39  county, city of less than one million population, town or village, or of
    40  any district, agency, board, body or commission  thereof,  or  a  detec-
    41  tive-investigator  or  any  other  investigator  who is a police officer
    42  pursuant to the provisions of the criminal procedure law employed in the
    43  office of a district attorney of any county, or any corrections  officer
    44  of  the  county  of Erie department of corrections, or an advanced ambu-
    45  lance medical technician employed  by  the  county  of  Nassau,  or  any
    46  detention  officer  employed  by the city of Yonkers, or any supervising
    47  fire inspector, fire inspector, fire marshal or assistant  fire  marshal
    48  employed  full-time in the county of Nassau fire marshal's office, or at
    49  the option of the county of Nassau, any probation officer of the  county
    50  of  Nassau who is injured in the performance of his or her duties or who
    51  is taken sick as a result of the performance of his or her duties so  as
    52  to  necessitate medical or other lawful remedial treatment shall be paid
    53  by the municipality by which he or she is employed the  full  amount  of
    54  his  or  her regular salary or wages until his or her disability arising
    55  therefrom has ceased, and, in addition such municipality shall be liable
    56  for all medical treatment and hospital care necessitated  by  reason  of

        A. 8321--C                         36
 
     1  such  injury  or  illness.    Provided, however, and notwithstanding the
     2  foregoing provisions of this section, the municipal  health  authorities
     3  or  any physician appointed for the purpose by the municipality, after a
     4  determination  has  first  been  made  that  such injury or sickness was
     5  incurred during, or resulted from, such performance of duty, may  attend
     6  any  such injured or sick [policeman] police officer, from time to time,
     7  for the purpose of providing medical, surgical or  other  treatment,  or
     8  for  making  inspections  and  the  municipality shall not be liable for
     9  salary or wages payable to such [policeman] police officer, or  for  the
    10  cost  of medical treatment or hospital care furnished after such date as
    11  such health authorities or physician shall certify that such injured  or
    12  sick  [policeman] police officer has recovered and is physically able to
    13  perform his or her regular  duties.  Any  injured  or  sick  [policeman]
    14  police  officer who shall refuse to accept medical treatment or hospital
    15  care or shall refuse to permit medical inspections as herein authorized,
    16  including examinations pursuant to  subdivision  two  of  this  section,
    17  shall  be  deemed to have waived his or her rights under this section in
    18  respect to expenses for medical treatment or hospital care rendered  and
    19  for salary or wages payable after such refusal.
    20    Notwithstanding  any  provision  of law to the contrary, a provider of
    21  medical treatment or hospital care furnished pursuant to the  provisions
    22  of  this  section  shall not collect or attempt to collect reimbursement
    23  for such treatment or care from any such [policeman] police  officer,  a
    24  member  of  a  police force of any county, city, any such advanced ambu-
    25  lance medical technician, any such detention officer or any such  detec-
    26  tive-investigator or any other such investigator who is a police officer
    27  pursuant to the provisions of the criminal procedure law.
    28    4.  The  appropriate  municipal  or  The Long Island Rail Road Company
    29  officials may transfer a [policeman] police officer  to  a  position  in
    30  another  agency  or  department where they are able to do so pursuant to
    31  applicable civil service or The Long Island Rail Road  Company  require-
    32  ments and provided the [policeman] police officer shall consent thereto.
    33    6.  Notwithstanding  any  provision  of law contrary thereto contained
    34  herein or elsewhere, a cause of action shall accrue to the  municipality
    35  or  The  Long  Island Rail Road Company for reimbursement in such sum or
    36  sums actually paid as salary or wages and or for medical  treatment  and
    37  hospital  care  as  against any third party against whom the [policeman]
    38  police officer shall have a cause of action for the injury sustained  or
    39  sickness caused by such third party.
    40    §  57. Section 207-d of the general municipal law, as added by chapter
    41  923 of the laws of 1961, the section heading and paragraph b of subdivi-
    42  sion 1 as amended by chapter 72 of the laws of 1967,  subdivision  2  as
    43  amended by chapter 896 of the laws of 1962, and subdivision 3 as amended
    44  by chapter 721 of the laws of 1973, is amended to read as follows:
    45    § 207-d. Additional retirement benefits for certain [policemen] police
    46  officers in cities and certain villages. 1. As used in this section:
    47    a.  "Final  compensation" means the average annual salary or wages for
    48  services as a [policeman] police officer earned from the date of his  or
    49  her minimum period to the date of his or her retirement.
    50    b.  ["Policeman"]  "Police  officer" means a paid officer or member of
    51  the uniformed force of the police department of a city or of any village
    52  which has elected to make  the  benefits  provided  under  this  section
    53  available  to  the  paid officers or members of its police department or
    54  force.
    55    c. "Minimum period" means a fixed number of  years  of  service  as  a
    56  [policeman]  police officer specified in a plan or option elected by him

        A. 8321--C                         37
 
     1  or her as a necessary prerequisite for a pension or retirement allowance
     2  upon retirement from such service.
     3    2.  Notwithstanding  the  provisions  of any general, special or local
     4  law, charter or administrative code and in lieu  of  any  lesser  amount
     5  thereby prescribed, in the event a [policeman] police officer has served
     6  as  such  for his or her minimum period and thereafter continues in such
     7  service, upon his or her subsequent retirement for any cause whatsoever,
     8  there shall be added to the amount of the annual pension  or  retirement
     9  allowance to which he or she was entitled upon, such retirement an addi-
    10  tional  amount  computed at the rate of one-sixtieth of his or her final
    11  compensation for each year of such additional service.
    12    3. The provisions of this section shall not apply to  members  of  the
    13  New  York  state  [policemen's]  and  local  police and [firemen's] fire
    14  retirement system.
    15    § 58. The section heading and subdivision 5 of section  207-e  of  the
    16  general  municipal  law,  the section heading as added by chapter 258 of
    17  the laws of 1963, and subdivision 5 as amended by  chapter  721  of  the
    18  laws of 1973, are amended to read as follows:
    19    Minimum  retirement benefits for [policemen] police officers in cities
    20  and who are members of police pension or retirement  systems  maintained
    21  by such cities.
    22    5.  The  provisions  of this section shall not apply to members of the
    23  New York state [policemen's]  and  local  police  and  [firemen's]  fire
    24  retirement system.
    25    §  59.  The  section heading and subdivision 5 of section 207-e of the
    26  general municipal law, the section heading as added by  chapter  260  of
    27  the  laws  of  1963,  and subdivision 5 as amended by chapter 721 of the
    28  laws of 1973, are amended to read as follows:
    29    Minimum retirement benefits for [firemen] firefighters in  cities  and
    30  who  are  members of fire department pension or retirement systems main-
    31  tained by such cities.
    32    5. The provisions of this section shall not apply to  members  of  the
    33  New  York  state  [policemen's]  and  local  police and [firemen's] fire
    34  retirement system.
    35    § 60. Subdivision 4 of section 207-f of the general municipal law,  as
    36  amended  by  chapter  721  of  the  laws  of 1973, is amended to read as
    37  follows:
    38    4. The provisions of this section shall not apply to  members  of  the
    39  New  York  state  [policemen's]  and  local  police and [firemen's] fire
    40  retirement system.
    41    § 61. Subdivision 4 of section 207-g of the general municipal law,  as
    42  amended  by  chapter  721  of  the  laws  of 1973, is amended to read as
    43  follows:
    44    4. The provisions of this section shall not apply to  members  of  the
    45  New  York  state  [policemen's]  and  local  police and [firemen's] fire
    46  retirement system.
    47    § 62. Subdivision 3 of section 207-h of the general municipal law,  as
    48  amended  by  section 8 of chapter 721 of the laws of 1973, is amended to
    49  read as follows:
    50    3. The provisions of this section shall not apply to  members  of  the
    51  New  York  state  [policemen's]  and  local  police and [firemen's] fire
    52  retirement system.
    53    § 63. Subdivision 4 of section 207-h of the general municipal law,  as
    54  amended  by  section 9 of chapter 721 of the laws of 1973, is amended to
    55  read as follows:

        A. 8321--C                         38
 
     1    4. The provisions of this section shall not apply to  members  of  the
     2  New  York  state  [policemen's]  and  local  police and [firemen's] fire
     3  retirement system.
     4    §  64.  The  section heading and subdivision f of section 207-i of the
     5  general municipal law, the section heading as added by  chapter  561  of
     6  the  laws  of  1967,  and subdivision f as amended by chapter 721 of the
     7  laws of 1973, are amended to read as follows:
     8    Temporary supplemental retirement allowances for  certain  [policemen]
     9  police officers.
    10    f. Nothing herein contained shall be deemed to apply to members of the
    11  New  York  state  [policemen's]  and  local  police and [firemen's] fire
    12  retirement system.
    13    § 65. The section heading of section 207-i of  the  general  municipal
    14  law,  as  amended by chapter 954 of the laws of 1970, is amended to read
    15  as follows:
    16    Supplemental retirement allowances of retired  [firemen]  firefighters
    17  of cities.
    18    §  66.  The section heading of section 207-ii of the general municipal
    19  law, as added by chapter 422 of the laws of 1981, is amended to read  as
    20  follows:
    21    Payment  of  supplemental  retirement allowances of retired [policemen
    22  and firemen] police officers and firefighters of certain cities.
    23    § 67. The section heading of section 207-l of  the  general  municipal
    24  law,  as added by chapter 480 of the laws of 1971, is amended to read as
    25  follows:
    26    Temporary supplemental retirement allowances for  certain  [policemen]
    27  police officers in towns and villages.
    28    §  68.  The  section heading of section 208-b of the general municipal
    29  law, as amended by chapter 742 of the laws of 1964, is amended  to  read
    30  as follows:
    31    Death  benefits  for  beneficiaries of certain [policemen and firemen]
    32  police officers and firefighters.
    33    § 69. The section heading of section 208-c of  the  general  municipal
    34  law,  as added by chapter 463 of the laws of 1967, is amended to read as
    35  follows:
    36    Death benefits for dependent fathers or dependent mothers  of  certain
    37  [policemen and firemen] police officers and firefighters.
    38    §  70. Subdivision 2 of section 208-d of the general municipal law, as
    39  added by chapter 770 of the laws of 1961, is amended to read as follows:
    40    2. Notwithstanding any  provision  of  law  to  the  contrary  thereto
    41  contained  herein  or  elsewhere,  a cause of action shall accrue to the
    42  village or town aforesaid for reimbursement in such sum or sums actually
    43  paid as a salary or wages and/or for medical or hospital  treatment,  as
    44  against  any  third  party  against whom the [policemen] police officers
    45  shall have a cause of action for the injuries sustained.
    46    § 71. Subdivision 1 of section 209 of the general  municipal  law,  as
    47  amended  by  chapter  191  of  the  laws  of 2006, is amended to read as
    48  follows:
    49    1. The fire department of any city, village or fire district, the fire
    50  companies serving territory outside of villages and  fire  districts  in
    51  any  town  and  the  fire  departments of any town which has a town fire
    52  department, an ambulance district and a county or public authority which
    53  operates an airport crash-fire-rescue unit, may answer calls for assist-
    54  ance outside the area  regularly  served  and  protected  by  such  fire
    55  department  or  fire  companies, ambulance district or crash-fire-rescue
    56  unit and may engage and participate in fire training programs in  terri-

        A. 8321--C                         39
 
     1  tory  outside  the  area  regularly  served  and  protected by such fire
     2  department, fire companies,  ambulance  districts  or  crash-fire-rescue
     3  unit.  While  in the performance of their duties under this subdivision,
     4  the members of such departments, companies, districts or crash-fire-res-
     5  cue  units  shall  have  the  same  immunities and privileges as if such
     6  duties were performed within the area regularly served and protected  by
     7  such departments, companies, districts or crash-fire-rescue units. While
     8  responding  to  a  call  for  assistance  under this subdivision a city,
     9  village, fire district, ambulance district, town  or  county  or  public
    10  authority  operating  an  airport crash-fire-rescue unit shall be liable
    11  for the negligence of [firemen] firefighters of the  city  fire  depart-
    12  ment,  village fire department, fire district fire department, town fire
    13  department, ambulance district or crash-fire-rescue unit,  respectively,
    14  occurring  in  the performance of their duties in the same manner and to
    15  the same extent as if such negligence occurred  in  the  performance  of
    16  their  duties  within  the  area  regularly served and protected by such
    17  departments, districts or units. The legislative  body  of  any  county,
    18  city  or  village,  the  board  of fire commissioners or other governing
    19  board of any fire district, ambulance district or  public  authority  or
    20  the  town  board  of  any town in relation to the fire companies serving
    21  territory outside of villages and fire districts or  in  relation  to  a
    22  town  fire  department,  or  ambulance  district, as the case may be, by
    23  resolution may restrict such outside service and training to such extent
    24  as it shall deem advisable. Any such resolution shall continue in effect
    25  until amended or repealed by the adoption of  a  subsequent  resolution.
    26  The  officer  in  charge of any fire department or fire company or ambu-
    27  lance district shall be notified promptly of the adoption  of  any  such
    28  resolution and of any amendment or repeal thereof. In a county, city, or
    29  in  a village or town, such action may be taken by local law or by ordi-
    30  nance instead of by resolution. As used in this section, the terms "fire
    31  department", "fire companies", "ambulance service" and  "crash-fire-res-
    32  cue unit" shall include all companies, squads, patrols or other units of
    33  such  departments,  companies  or units, or volunteer ambulance services
    34  organized pursuant to section one hundred twenty-two-b of this  chapter,
    35  and  the term "assistance" includes the services of firefighting forces,
    36  fire police squads, ambulance services, emergency rescue and  first  aid
    37  squads rendered in case of a fire or other emergency, including stand-by
    38  service, to aid (1) a fire department or fire company, and (2) owners or
    39  occupants  of  property,  and other persons, whether or not such owners,
    40  occupants or persons are receiving fire or other emergency service  from
    41  another  fire department or fire company or ambulance service. Except as
    42  otherwise provided by law in the case of natural disaster emergencies, a
    43  call to furnish assistance may be made by any person aware of the  peril
    44  involved  and the need for assistance or pursuant to any legally author-
    45  ized or recognized plan for the furnishing of mutual  aid  in  cases  of
    46  fire  or  other  emergency. The call need not originate in the municipal
    47  corporation, district or area liable for the payment of financial  bene-
    48  fits  in  the event of the death or injury of a [fireman] firefighter or
    49  ambulance or rescue squad member engaged in rendering  such  assistance.
    50  The call may be relayed through one or more persons or mediums of commu-
    51  nication.  The  provisions  of  this  subdivision  shall  supersede  the
    52  provisions of any general, special or local law to the extent that there
    53  is a conflict between the provisions of this subdivision and  such  law,
    54  except  that  if  (1)  any  city had, prior to April fifteenth, nineteen
    55  hundred fifty, restricted in any manner the fire department of the  city
    56  from engaging in service outside the city or (2) any city, village, fire

        A. 8321--C                         40
 
     1  district  or town has heretofore restricted in any manner a fire depart-
     2  ment or fire company or ambulance service from engaging  in  service  or
     3  training   pursuant   to   the  provisions  of  this  subdivision,  such
     4  restrictions  shall  continue  in  effect  until changed pursuant to the
     5  provisions of this subdivision.
     6    § 72. Section 209-a of the general municipal law, as amended by  chap-
     7  ter  712 of the laws of 1950, subdivision 1 as amended by chapter 819 of
     8  the laws of 1951, and subdivision 3 as added by chapter 699 of the  laws
     9  of 1956, is amended to read as follows:
    10    §  209-a.  Relations with other states and the dominion of Canada.  1.
    11  Whenever a volunteer fire company or  department  of  this  state  shall
    12  answer a call for assistance from any political subdivision or territory
    13  of  another state of the United States, or of the Dominion of Canada, or
    14  property ceded to the federal government, the provisions of section  two
    15  hundred five of this chapter and the provisions of the [workmen's] work-
    16  ers'  compensation  law shall apply with respect to the volunteer [fire-
    17  men] firefighters of such fire company or department, while such assist-
    18  ance is being rendered or while going to or  returning  from  the  place
    19  from whence such call came, to the same extent and in the same manner as
    20  if  such  service had been rendered in the area regularly served by such
    21  volunteer [firemen] firefighters; provided, however, that there shall be
    22  deducted from any amounts payable under such section or  such  law,  any
    23  amounts recoverable by or payable to such volunteer [firemen] firefight-
    24  ers  under the laws applicable in the political subdivision or territory
    25  from whence the call for assistance came.
    26    2. The provisions of sections two hundred five and two hundred nine of
    27  this chapter shall apply with respect to volunteer [firemen]  firefight-
    28  ers, fire departments and companies of other states of the United States
    29  and  of  the  Dominion  of  Canada  that render service in this state in
    30  answer to a call for assistance, provided that the  laws  of  the  state
    31  served  by  such  volunteer  [firemen] firefighters, fire departments or
    32  companies, or of the Dominion of Canada, as the  case  may  be,  contain
    33  provisions  under  which  substantially  similar benefits are granted to
    34  volunteer [firemen] firefighters, fire departments and companies of this
    35  state when rendering service in such other states, or  the  Dominion  of
    36  Canada,  as  the  case  may  be, in answer to a call for assistance, and
    37  provided further that there shall be deducted from any  amounts  payable
    38  under the provisions of section two hundred five of this [chapter] arti-
    39  cle  to  volunteer [firemen] firefighters of such other states or of the
    40  Dominion of Canada, any amounts recoverable by or payable to such volun-
    41  teer [firemen] firefighters under the laws of the state served  by  such
    42  volunteer  [firemen]  firefighters  or of the Dominion of Canada, as the
    43  case may be.
    44    3. The provisions of this section shall not apply  where  a  volunteer
    45  [fireman]  firefighter  of  this  state,  or of another state, or of the
    46  Dominion of Canada, as the case may be, is  killed  or  injured,  on  or
    47  after the first day of March, nineteen hundred fifty-seven, or dies from
    48  the effects of injuries received on or after such date.
    49    §  73. Paragraph a of subdivision 1 and subdivision 4 of section 209-b
    50  of the general municipal law, paragraph a of subdivision 1 as amended by
    51  chapter 843 of the laws of 1980, and subdivision 4 as amended by chapter
    52  718 of the laws of 1958, are amended to read as follows:
    53    a. The authorities having control of fire departments and fire  compa-
    54  nies  may organize within such departments or companies emergency rescue
    55  and first aid squads composed of [firemen] firefighters who are  members
    56  of  such departments or companies. Such squads, so organized, may render

        A. 8321--C                         41
 
     1  services in case  of  accidents,  calamities  or  other  emergencies  in
     2  connection with which their services may be required, as well as in case
     3  of  alarms of fire.  Whether or not such squads have been organized, any
     4  [fireman]  firefighter  may render service in case of accidents, calami-
     5  ties or other emergencies in  connection  with  which  the  services  of
     6  [firemen]  firefighters may be required, as well as in case of alarms of
     7  fire, unless he or she shall have been duly ordered not to  render  such
     8  service  by  the  authorities  having  control of the fire department or
     9  company of which he or she is a  member.  If  a  request  for  emergency
    10  service is made by, or originates from a doctor or peace officer, acting
    11  pursuant  to  his or her special duties, or police officer, and there is
    12  any doubt as to whether an emergency exists, the judgment of the  doctor
    13  or  officer  that  there  is,  in  fact, an emergency may be accepted as
    14  conclusive by such squad, or the [fireman]  firefighter  responding,  or
    15  who  has  responded to such call. The person designated to receive calls
    16  for such emergency services, for the purpose of dispatching such  squads
    17  or  [firemen]  firefighters,  shall determine in the first instance from
    18  the information furnished to him or her whether an emergency exists  and
    19  his  or her decision, if in good faith, as to whether or not there is an
    20  emergency shall be final in  relation  to  dispatching  such  squads  or
    21  [firemen] firefighters.  Any such preliminary determination shall not be
    22  deemed  to  authorize the rendition of services if, upon arriving at the
    23  place to which dispatched, it is found that there is no emergency.
    24    4. Fees  and  charges  prohibited.  Emergency  and  general  ambulance
    25  service  authorized  pursuant to this section shall be furnished without
    26  cost to the person served. The acceptance by any  [fireman]  firefighter
    27  of any personal remuneration or gratuity, directly or indirectly, from a
    28  person  served  shall be a ground for his or her expulsion or suspension
    29  as a member of the fire department or fire company.
    30    § 74. Section 209-c of the general municipal law, as amended by  chap-
    31  ter 843 of the laws of 1980, is amended to read as follows:
    32    §  209-c.  Fire  police squads of fire departments and fire companies.
    33  The authorities having control of fire departments  and  fire  companies
    34  may  organize  within  such  departments or companies fire police squads
    35  composed of volunteer [firemen] firefighters who  are  members  of  such
    36  departments  or  companies. Members of fire police squads, so organized,
    37  at such times as the fire  department,  fire  company  or  an  emergency
    38  rescue and first aid squad of the fire department or fire company are on
    39  duty,  or  when,  on  orders of the chief of the fire department or fire
    40  company of which they  are  members,  they  are  separately  engaged  in
    41  response  to a call for assistance pursuant to the provisions of section
    42  two hundred nine of [the general municipal law] this article, shall have
    43  the powers of and render service as peace officers. A member of  a  fire
    44  police  squad  shall take an oath of office as a fire [policeman] police
    45  officer in the following form: "I do solemnly swear (or affirm)  that  I
    46  will support the constitution of the United States, and the constitution
    47  of  the  State  of  New  York,  and that I will faithfully discharge the
    48  duties  of  the  office  of  fire  [policeman]  police  officer  of  the
    49  ......................  fire  company (or fire department), according to
    50  the best of my ability." Such oath shall be filed in the office  of  the
    51  city  clerk  in the case of a [fireman] firefighter of a fire company or
    52  fire department in a city, in the office of the  village  clerk  in  the
    53  case  of a [fireman] firefighter of a fire company or fire department in
    54  a village, and in the office of the  town  clerk  in  all  other  cases.
    55  Notwithstanding  any other provision of law to the contrary, a member of
    56  a fire police squad shall have satisfied any requirement for training as

        A. 8321--C                         42
 
     1  provided by any general or local law if the  person  has  satisfactorily
     2  completed  a  training  course  offered  by  the  state  office  of fire
     3  prevention and control, or an equivalent course as approved by the state
     4  office of fire prevention and control.
     5    §  75. Section 209-d of the general municipal law, as amended by chap-
     6  ter 190 of the laws of 1958, is amended to read as follows:
     7    § 209-d. Contracts for outside service by volunteer  fire  departments
     8  and  companies.  Notwithstanding any other provision of law, no contract
     9  shall be made by a municipality or fire district whereby the services of
    10  a volunteer fire department or company are to  be  supplied  outside  of
    11  such  municipality  or fire district to provide (1) fire protection, (2)
    12  emergency service in case of accidents, calamities or other emergencies,
    13  or (3) general ambulance service pursuant to the provisions  of  section
    14  two hundred nine-b of this [chapter] article, unless such volunteer fire
    15  department  or  company  consents thereto. Any such contract may provide
    16  for the payment of a portion of the consideration expressed  therein  to
    17  such  volunteer  fire  department  or  company  to  be expended for fire
    18  department or  company  purposes  only.  If  the  municipality  or  fire
    19  district  owns  all of the fire apparatus to be used in carrying out the
    20  contract, the portion of the consideration which may  be  paid  to  such
    21  volunteer  fire  department  or company shall not exceed thirty-five per
    22  centum, unless a greater portion was being so paid on  March  fifteenth,
    23  nineteen  hundred  forty-one, under a contract entered into on or before
    24  that date, in which event a not greater portion than was being  paid  on
    25  said  date  may  be paid to such volunteer fire department or company in
    26  respect to any contract entered into on or after such date. No  payments
    27  shall  be made to individual volunteer [firemen] firefighters as compen-
    28  sation for rendering such outside service.
    29    § 76. The section heading and subdivisions 1, 2 and 3 of section 209-i
    30  of the general municipal law, as amended by chapter 967 of the  laws  of
    31  1965, are amended to read as follows:
    32    Emergency  service by volunteer [firemen] firefighters.  1. Whenever a
    33  volunteer [fireman] firefighter is within this state,  but  outside  the
    34  area regularly served by the fire company or fire department of which he
    35  or  she is a member and has knowledge of a fire or other emergency at or
    36  near the place where he or she is for the  time  being,  such  volunteer
    37  [fireman]  firefighter  may report to the officer in command of the paid
    38  or volunteer fire company or paid or volunteer fire  department,  or  in
    39  command  of  one  of  the paid or volunteer fire companies or one of the
    40  paid or volunteer fire departments, engaged in the handling of any  such
    41  fire  or  other  emergency and, on an individual basis, offer his or her
    42  services to assist such fire company or fire department.  After  his  or
    43  her  services are so accepted, the volunteer [fireman] firefighter shall
    44  then be entitled to all powers, rights, privileges and immunities grant-
    45  ed by law to volunteer  [firemen]  firefighters  during  the  time  such
    46  services  are  rendered, in the same manner and to the same extent as if
    47  he or she were a volunteer member of the fire company or fire department
    48  which he or she is assisting, including  benefits  under  the  volunteer
    49  [firemen's]  firefighters'  benefit  law.    Any such commanding officer
    50  shall have power, in his or her discretion, to so accept the services of
    51  a volunteer [fireman] firefighter unless the  legislative  body  of  the
    52  city  or the village, the board of fire commissioners or other governing
    53  board of the fire district, or the town board of the town in relation to
    54  (a) the fire companies  serving  territory  outside  villages  and  fire
    55  districts  or  (b) a town fire department, as the case may be, by resol-
    56  ution heretofore or hereafter adopted, has forbidden the  acceptance  of

        A. 8321--C                         43
 
     1  any  such  services  pursuant to this section. Any such resolution shall
     2  continue in effect until amended or repealed by the adoption of a subse-
     3  quent resolution. The officer in charge of  any  fire  company  or  fire
     4  department shall be notified promptly of the adoption of any such resol-
     5  ution and of any amendment or repeal thereof.
     6    2.  The  municipal  corporation or fire district which would be liable
     7  for the negligence of any volunteer members of the fire company or  fire
     8  department  which  has  accepted the services of the volunteer [fireman]
     9  firefighter pursuant to this section shall be liable for the  negligence
    10  of such volunteer [fireman] firefighter while acting, after such accept-
    11  ance  and  during the time such services were rendered, in the discharge
    12  of his or her duties as a volunteer [fireman] firefighter  in  the  same
    13  manner and to the same extent as if he or she were a volunteer member of
    14  the  fire  company  or  fire department which he or she assisted. If the
    15  fire company or fire department which has so accepted the services of  a
    16  volunteer  [fireman] firefighter pursuant to this section is a paid fire
    17  company or paid fire department, such paid fire  company  or  paid  fire
    18  department  shall,  for the purposes of this subdivision and section two
    19  hundred five-b of this [chapter] article, be deemed to be a "duly organ-
    20  ized volunteer fire company" within the  meaning  of  such  section  two
    21  hundred five-b.
    22    3. As used in this section, the term "volunteer [fireman] firefighter"
    23  means  a  "volunteer  [fireman]  firefighter" as such term is defined in
    24  section three of the volunteer [firemen's]  firefighters'  benefit  law;
    25  the  term  "area  regularly served" means the home area of the volunteer
    26  [fireman] firefighter as described in subdivisions one, two, three, four
    27  or five of section thirty of  the  volunteer  [firemen's]  firefighters'
    28  benefit  law  and,  in  addition,  any  other  area served pursuant to a
    29  contract for fire protection and the  terms  "fire  company"  and  "fire
    30  department" shall include emergency rescue and first aid squads or other
    31  squads or units of a fire company or fire department.
    32    §  77. Section 209-j of the general municipal law, as amended by chap-
    33  ter 449 of the laws of 1956, is amended to read as follows:
    34    § 209-j. Mutual aid programs in counties. The board of supervisors  in
    35  any county may appropriate and expend such sums as it may deem necessary
    36  and  proper for the establishment and maintenance of a county mutual aid
    37  plan in cases of fire and other emergencies in  which  the  services  of
    38  [firemen]  firefighters  would  be  used and may prescribe the method of
    39  auditing  or  approving  expenditures  under  any  such   appropriation.
    40  Expenses  incurred  by  any city, town, village or fire district partic-
    41  ipating in such mutual aid plan shall be  a  lawful  municipal  or  fire
    42  district charge to be paid in the same manner as other like charges.
    43    §  78. Section 209-p of the general municipal law, as amended by chap-
    44  ter 97 of the laws of 1958, is amended to read as follows:
    45    § 209-p. Relay of fire and emergency calls.   The fire  department  of
    46  any city may accept any calls for aid in cases of fire or other emergen-
    47  cies  made  to its fire headquarters from territory outside the city and
    48  may relay such calls for aid in fires or other emergencies by such means
    49  as may be expedient  to  the  fire  department,  fire  company  or  fire
    50  district serving said territory. This section shall apply only to cities
    51  participating  in any legally authorized or recognized plan for furnish-
    52  ing mutual aid in cases of fire  and  other  emergencies  in  which  the
    53  services  of  [firemen] firefighters would be used. Any city, village or
    54  fire district, any town which has a town fire department,  or  any  town
    55  board  on  behalf  of a fire protection district, fire alarm district or
    56  territory outside any such municipal corporation or district, for  which

        A. 8321--C                         44
 
     1  aid  is  to  be  furnished, may contract with a city to accept and relay
     2  such calls, as  aforesaid,  and  the  amounts  payable  under  any  such
     3  contract  shall be a lawful charge against and paid as contracted for by
     4  the city, village, fire district, town which has a town fire department,
     5  fire  protection  district, fire alarm district or territory outside any
     6  such municipal corporation or district. Any city accepting and transmit-
     7  ting fire calls from territory outside the city, pursuant  to  any  such
     8  contract,  shall  not  be  liable  for any injury or death to persons or
     9  damage to property as the  result  thereof,  when  it,  in  good  faith,
    10  complies with or attempts to comply with the provisions of this section.
    11    §  79.  The  section heading of section 209-x of the general municipal
    12  law, as added by chapter 667 of the laws of 1984, is amended to read  as
    13  follows:
    14    Training  of  certain  paid  city [firemen] firefighters promoted to a
    15  first-line supervisory position.
    16    § 80. Subdivisions 1, 2 and 3 of the section 709 of general  municipal
    17  law, as added by chapter 844 of the laws of 1963, are amended to read as
    18  follows:
    19    1. If an annexation of territory by a city includes the entire area of
    20  a  fire  district,  the  city,  as of the date of such annexation, shall
    21  become the owner of all of the property and property rights of the  fire
    22  district  and shall assume all of the indebtedness and contract or other
    23  liabilities of the fire district, and shall furnish fire protection, and
    24  other emergency service which would require the  services  of  [firemen]
    25  firefighters,  in  the  area  so  annexed in the same manner as in other
    26  similar areas of the city.
    27    2. If an annexation of territory by a city includes only a part of the
    28  area of a fire district, the indebtedness  and  any  contract  or  other
    29  liabilities,  and  interest thereon, shall be a charge upon and shall be
    30  paid by the city, as the same shall become due and payable, to the  fire
    31  district in the same proportion to the whole of any such indebtedness or
    32  any such liability as the full valuation of the taxable real property of
    33  the  territory which is annexed bears to the full valuation of the taxa-
    34  ble real property of the fire district prior  to  the  annexation.  Such
    35  full valuation shall be determined in the manner provided in subdivision
    36  twenty-one-a  of  section  2.00  of  the  local finance law. If the fire
    37  district owns any real property or rights in real property in the terri-
    38  tory which is annexed, the city may purchase any such property,  includ-
    39  ing  any  personal  property used in connection therewith, from the fire
    40  district for a fair and reasonable  price  to  be  agreed  upon  by  the
    41  governing  boards  of  the  city  and the fire district and the board of
    42  commissioners of the fire district  shall  have  power  to  execute  any
    43  necessary  instruments  in  relation thereto. Any such sale shall not be
    44  subject to approval at a fire district election. If such  real  property
    45  is a firehouse owned by the fire district, the city shall be required to
    46  purchase  such real property and any rights in real property appurtenant
    47  thereto from the fire district.  If the governing boards of the city and
    48  the fire district cannot agree on a fair and reasonable price  therefor,
    49  the city shall proceed to acquire such real property and any such rights
    50  by  condemnation  in  the same manner as if the property was owned by an
    51  individual. The city shall furnish fire protection, and other  emergency
    52  service  which  would require the services of [firemen] firefighters, in
    53  the area so annexed in the same manner as in other similar areas of  the
    54  city.
    55    3. If an annexation of territory of a city includes the entire area of
    56  a  fire  protection district or of a fire alarm district, the city shall

        A. 8321--C                         45
 
     1  furnish fire protection, and other emergency service which would require
     2  the services of [firemen] firefighters, in the area so  annexed  in  the
     3  same manner as in other similar areas of the city.
     4    §  81.  Subdivision  5 of section 800 of the general municipal law, as
     5  amended by chapter 88 of the  laws  of  1980,  is  amended  to  read  as
     6  follows:
     7    5.  "Municipal  officer or employee" means an officer or employee of a
     8  municipality, whether paid or unpaid, including members of any  adminis-
     9  trative  board,  commission or other agency thereof and in the case of a
    10  county, shall be deemed to also include any  officer  or  employee  paid
    11  from  county  funds. No person shall be deemed to be a municipal officer
    12  or employee solely by reason of being a volunteer [fireman]  firefighter
    13  or civil defense volunteer, except a fire chief or assistant fire chief.
    14    § 82. Section 57 of the second class cities law, as amended by chapter
    15  1068 of the laws of 1974, is amended to read as follows:
    16    § 57. Additional  powers  and  duties. The mayor shall have such other
    17  powers and perform such other duties as may be prescribed in this  chap-
    18  ter or by other laws of the state or by ordinance of the common council,
    19  not  inconsistent  with  law.  In  case  of riot, conflagration or other
    20  public emergency requiring it, the mayor shall have power  to  call  out
    21  the  police  and [firemen] firefighters; he or she shall also have power
    22  to appoint such number of special [policemen] police officers as  he  or
    23  she  may  deem  necessary  to  preserve  the  public peace. Such special
    24  [policemen] police officers shall be under the sole control of the regu-
    25  larly appointed and constituted officers of the police department.  They
    26  have  shall  have  power  to make arrests only for disorderly conduct or
    27  other offenses against peace or good order. In case of riot or insurrec-
    28  tion, he or she may take command of the whole  police  force,  including
    29  the chief executive officer thereof.
    30    §  83.  Subdivision  5  of  paragraph  a of section 29.00 of the local
    31  finance law, as amended by chapter 624 of the laws of 1965,  is  amended
    32  to read as follows:
    33    5. Any municipality or fire district may issue budget notes during any
    34  fiscal  year  to provide for the payment in such fiscal year of the cost
    35  of insurance secured to indemnify against liability for benefits payable
    36  under the volunteer [firemen's] firefighters' benefit law and for  which
    37  cost  an  insufficient  or no provision was made in the annual budget of
    38  the municipality or fire district for such fiscal  year.  The  aggregate
    39  amount  of  any  such  notes  which  may be issued for such purpose in a
    40  fiscal year commencing after  December  thirty-first,  nineteen  hundred
    41  sixty-five,  shall  not  exceed the sum by which the actual cost of such
    42  insurance to be paid in the fiscal year in which such notes  are  issued
    43  exceeds  the  actual  cost of such insurance in the fiscal year prior to
    44  the fiscal year in which such notes are issued; provided, however,  that
    45  this limitation shall not apply in a case where the municipality or fire
    46  district has not incurred any such cost in the fiscal year prior to that
    47  in which such notes are issued.
    48    § 84. Paragraph f of subdivision 1 of section 11 of the municipal home
    49  rule  law,  as  amended by chapter 21 of the laws of 1992, is amended to
    50  read as follows:
    51    f. Applies to or affects any provision of paragraph (c) of subdivision
    52  one of section 8-100 of the election law, the labor law,  sections  two,
    53  three  and  four  of chapter one thousand eleven of the laws of nineteen
    54  hundred sixty-eight, entitled "An act in relation to the  maximum  hours
    55  of  labor  of certain municipal and fire district [firemen] firefighters
    56  and the holidays of [firemen] firefighters and [policemen] police  offi-

        A. 8321--C                         46
 
     1  cers,  repealing certain sections of the labor law relating thereto, and
     2  to amend the municipal home rule law, in relation thereto," as  amended,
     3  the  volunteer [firemen's] firefighters' benefit law, or the [workmen's]
     4  workers' compensation law or changes any provision of the multiple resi-
     5  dence  law  or  the  multiple dwelling law, except that in a city of one
     6  million persons or more, the provisions of local law for the enforcement
     7  of the housing code which is not  less  restrictive  than  the  multiple
     8  dwelling  law may be applied in the enforcement of the multiple dwelling
     9  law.
    10    § 85. Section 15 of the general city law, as amended by chapter 88  of
    11  the laws of 1980, is amended to read as follows:
    12    § 15. [Firemen]  Firefighters  moving  from  one  city to another. The
    13  [firemen] firefighters of the different cities of this state, in case of
    14  removal from one city to another, shall be allowed the time  which  they
    15  have served as such [firemen] firefighters in the city they left, in the
    16  city  to  which  they have removed, upon producing a certificate of such
    17  service, signed by the chief of the city so left,  and  being  appointed
    18  [firemen] firefighters in the city to which they have removed.
    19    §  86.  Section  16  of  the  general  city  law is amended to read as
    20  follows:
    21    § 16. Term of service; how reckoned. When  any  such  [fireman]  fire-
    22  fighter shall have served as such for so long a time thereafter as shall
    23  make  the whole term of service the same as required by law of [fireman]
    24  firefighters residing in the city removed to, he shall  be  entitled  to
    25  all  the privileges and exemptions secured by law to the [fireman] fire-
    26  fighters of the cities of Albany and New York.
    27    § 87. Subdivisions 5, 6, 7, 9, paragraph 3 of subdivision 13 and para-
    28  graph (a) of subdivision 14 of section 16-a of  the  general  city  law,
    29  subdivisions  5,  6 and 9 as amended by chapter 523 of the laws of 1958,
    30  subdivision 7 as amended by chapter 185 of the laws of 1984, paragraph 3
    31  of subdivision 13 as amended by chapter 373 of the  laws  of  2011,  and
    32  paragraph (a) of subdivision 14 as amended by chapter 215 of the laws of
    33  1978, are amended to read as follows:
    34    5.  Any  fire  company  may  authorize the continued membership of any
    35  volunteer member where such member notifies the secretary of his or  her
    36  fire  company (a) that he or she plans to change his or her residence to
    37  territory which is not in the city and is  not  protected  by  the  fire
    38  department  of  the  city,  or  any  fire company thereof, pursuant to a
    39  contract for fire protection, and (b) that by reason of his or her resi-
    40  dence in the vicinity and his or her usual occupation he or she will  be
    41  available  to render active service as a volunteer [fireman] firefighter
    42  in the city or in territory outside the  city  which  is  afforded  fire
    43  protection  pursuant  to  a  contract  for  fire  protection by the fire
    44  department of the city, or a fire company  thereof.  Such  authorization
    45  shall  be  pursuant to the by-laws, if any, of the fire company of which
    46  he or she is a member, otherwise by a three-fourths vote of the  members
    47  of  such fire company present and voting at a regular or special meeting
    48  thereof.  Such authorization shall not become effective unless  approved
    49  by  resolution of the board of fire commissioners or other body or offi-
    50  cer hereinabove mentioned. Any  membership  continued  pursuant  to  the
    51  provisions  of  this  subdivision shall terminate when the member cannot
    52  meet either the  requirements  of  this  subdivision  or  the  residence
    53  requirements  of  subdivision three. In the case of a city which adjoins
    54  another state,  the  term  "vicinity",  as  used  in  this  subdivision,
    55  includes territory in this state and territory in the adjoining state.

        A. 8321--C                         47
 
     1    6.  A person who cannot meet the residence requirements of subdivision
     2  three of this section may be elected to membership as a volunteer member
     3  of any fire company of the fire department if by reason of  his  or  her
     4  residence in the vicinity and his or her usual occupation he or she will
     5  be  available  to  render  active service as a volunteer [fireman] fire-
     6  fighter in the city or in territory which is  afforded  fire  protection
     7  pursuant to a contract for fire protection by the fire department of the
     8  city  or a fire company thereof. Such authorization shall be pursuant to
     9  the by-laws, if any, of the fire company; otherwise by  a  three-fourths
    10  vote  of the members of the fire company present and voting at a regular
    11  or special meeting thereof. Such authorization shall not  become  effec-
    12  tive unless approved by resolution of the board of fire commissioners or
    13  other  body  or  officer  hereinabove  mentioned.  The membership of any
    14  volunteer member elected pursuant to the provisions of this  subdivision
    15  shall  terminate  when the member cannot meet either the requirements of
    16  this subdivision or the residence requirements of subdivision three.  In
    17  the  case of a city which adjoins another state, the term "vicinity", as
    18  used in this subdivision, includes territory in this state and territory
    19  in the adjoining state.
    20    7. The membership of any volunteer [fireman] firefighter shall not  be
    21  continued  pursuant  to  subdivision  five  of this section, and persons
    22  shall not be elected to membership pursuant to subdivision six  of  this
    23  section, if, by so doing, the percentage of such non-resident members in
    24  the  fire  company  would  exceed  forty-five  per  centum of the actual
    25  membership of the fire company.
    26    9. Residents of outside territory protected pursuant to a contract for
    27  fire protection who have been elected to volunteer membership, and  non-
    28  residents  whose volunteer memberships have been authorized or continued
    29  pursuant to subdivision five or six, shall have all the powers,  duties,
    30  immunities,  and  privileges  of  resident volunteer members, except (1)
    31  they may not be elected or appointed to any office of the  fire  depart-
    32  ment  which is required by law to be held by an elector of the city, (2)
    33  non-residents of the state may not be appointed or elected to any office
    34  in the fire company or fire department, and (3) a non-resident  of  this
    35  state  whose  membership has been continued pursuant to subdivision five
    36  of this section, or a non-resident of this  state  who  was  elected  to
    37  membership  pursuant  to  subdivision  six of this section, shall not be
    38  considered to be performing any firemanic duty, or to be engaged in  any
    39  firemanic  activity,  as a member of the fire company while he or she is
    40  outside of this state unless and until he or she has first  reported  to
    41  the  officer  or  [fireman]  firefighter  in  command of his or her fire
    42  department, or any company, squad or other unit thereof, engaged  or  to
    43  be  engaged  in  rendering  service  outside this state, or has received
    44  orders or authorization from an officer of the fire department  or  fire
    45  company  to  participate  in  or attend authorized activities outside of
    46  this state in the same manner as resident members of the fire company.
    47    (3) who was, at the time of his or her election to membership, a resi-
    48  dent of the city or of territory outside the  city  which  was  afforded
    49  fire  protection by the fire department of the city, or any fire company
    50  thereof, pursuant to a contract for fire protection, or who was  a  non-
    51  resident who was elected to membership or who was continued as a member,
    52  pursuant  to  the provisions of subdivision five or six of this section,
    53  shall for all purposes in law be considered to have  been  duly  elected
    54  and  approved,  or continued, as a member in such fire company as of the
    55  date of such approval, if any, and, if none, then as of the date of such
    56  election or, in the case of  a  continuance,  as  of  the  date  of  the

        A. 8321--C                         48
 
     1  approval,  if  any,  by the board of fire commissioners or the governing
     2  board, and, if none, as of the date of authorization of  continuance  by
     3  the  fire  company;  notwithstanding that there may have been some legal
     4  defect  in  such  election,  or  the proceedings precedent thereto, or a
     5  failure of the board of fire commissioners or governing board to approve
     6  such member, or approve the continuance of membership of such member, as
     7  provided by the law in force at the time of such  election,  or  contin-
     8  uance, and the status of such person as a volunteer [fireman] firefight-
     9  er  as  of  such date is hereby legalized, validated and confirmed. This
    10  subdivision shall not apply to a person, if any, whose volunteer member-
    11  ship in a fire company was disapproved by the board of fire  commission-
    12  ers  or  declared  invalid by a court of competent jurisdiction prior to
    13  the first day of January, two thousand eleven.
    14    (a) It shall be an unlawful discriminatory practice for any  volunteer
    15  fire  department or fire company, through any member or members thereof,
    16  officers, board of fire commissioners or other  body  or  office  having
    17  power  of  appointment  of  volunteer [firemen] firefighters in any fire
    18  department or fire company pursuant to  this  section,  because  of  the
    19  race,  creed, color, national origin, sex or marital status of any indi-
    20  vidual, to exclude or to expel from its volunteer membership such  indi-
    21  vidual,  or  to  discriminate  against any of its members because of the
    22  race, creed, color, national origin,  sex  or  marital  status  of  such
    23  volunteer members.
    24    §  88.  Subdivision  12-a  of  section  20 of the general city law, as
    25  amended by chapter 138 of the laws  of  1986,  is  amended  to  read  as
    26  follows:
    27    12-a.  May  appropriate  moneys to a fire department to fund an annual
    28  [fireman's] firefighter's inspection dinner for  volunteer  firefighters
    29  and the city of Glen Cove may appropriate moneys to a fire department to
    30  fund an annual dinner for installation of fire district officers.
    31    § 89. Paragraph (a) of subdivision 1 of section 20 of the town law, as
    32  amended  by  chapter  252  of  the  laws  of 1990, is amended to read as
    33  follows:
    34    (a) Every town of the first class shall have a supervisor,  four  town
    35  [councilmen]  council members, unless the number of [councilmen] council
    36  members shall have been increased to six or decreased to two as provided
    37  by this chapter, a town clerk, two town justices, a town  superintendent
    38  of  highways, one assessor, a receiver of taxes and assessments, as many
    39  town [policemen] police officers and such other employees  as  the  town
    40  board  may  determine necessary for the proper conduct of the affairs of
    41  the town. The supervisor, town [councilmen] counsel members, town clerk,
    42  town justices, town superintendent of highways and receiver of taxes and
    43  assessments in every such town shall be elective. All other officers and
    44  employees in such a town shall be appointed by the town board, except as
    45  otherwise provided by law. In any town in which a town police department
    46  has been established pursuant to law, or which town is a part of a coun-
    47  ty police district, the town board may appoint not more than four  civil
    48  officers  who  shall  possess all the powers and duties of constables in
    49  civil actions and proceedings only, and shall be paid no salary  by  the
    50  town  board  but shall be entitled to collect the statutory fees allowed
    51  by law in such civil actions and proceedings. The clerk of the court  of
    52  a  town  shall  be employed and discharged from employment only upon the
    53  advice and consent of the town justice or justices.
    54    § 90. Section 25-a of the town law,  as  amended  by  section  171  of
    55  subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
    56  read as follows:

        A. 8321--C                         49
 
     1    § 25-a. Fingerprints of persons before appointment as town [policemen]
     2  police officers, or as constables possessing powers in criminal matters.
     3  No person shall be appointed or  reappointed  a  member  of  the  police
     4  department,  or a special [policeman] police officer, or a constable not
     5  limited  to  powers and duties in civil actions and proceedings only, in
     6  any town, who shall not previously, for the purposes  of  this  section,
     7  have  submitted  fingerprints  in  the form and manner prescribed by the
     8  division of criminal justice services to the town board or  other  board
     9  or  officer  of  the  town  empowered by law to make such appointment or
    10  reappointment, and it shall be the duty of such board or officer, before
    11  making such appointment or reappointment, to  compare  or  cause  to  be
    12  compared  such fingerprints with fingerprints filed with the division of
    13  criminal justice services; provided, however, that in any case where the
    14  fingerprints of any such person shall once have been submitted  pursuant
    15  to  this  section  and  are on file with the board empowered to make the
    16  appointment  or  reappointment,  no  new  submission  thereof  shall  be
    17  required,  nor  shall such board be required to make or cause to be made
    18  such comparison if such  comparison  shall  have  been  made  previously
    19  pursuant to this section and certification thereof by such department is
    20  on file with such board.
    21    §  91. Subdivisions 1 and 3 of section 27 of the town law, subdivision
    22  1 as amended by chapter 1097 of the laws of 1971, and subdivision  3  as
    23  added by chapter 85 of the laws of 1942, are amended to read as follows:
    24    1. The town board of each town shall fix, from time to time, the sala-
    25  ries  of  all  officers  and  employees of said town, whether elected or
    26  appointed, and determine when the same shall be payable. The town  board
    27  shall  not fix the salaries of the members of the town board, an elected
    28  town clerk or an elected town superintendent of highways at an amount in
    29  excess of the amounts respectively specified in the notice of hearing on
    30  the preliminary budget published pursuant to section one  hundred  eight
    31  of  this chapter. However, the annual salary of any such elected officer
    32  may be increased, for not more than one fiscal year, in  excess  of  the
    33  amount  specified  in  the  notice  of hearing on the preliminary budget
    34  local law adopted pursuant to the  municipal  home  rule  law.  Salaries
    35  shall  be  in lieu of all fees, charges or compensation for all services
    36  rendered to the town or any district or subdivision thereof, pursuant to
    37  law, except that the supervisor shall not be required to account for and
    38  pay over such fees, salary or other compensation  that  he  or  she  may
    39  receive or be entitled to from the county in which he or she is elected,
    40  for services rendered by him or her as a member of the board of supervi-
    41  sors.  No  town  officer  or  employee  shall  retain any fees or moneys
    42  received by him or her in connection with his or  her  office  but  such
    43  fees  or  money  shall  be  the  property of the town and be paid to the
    44  supervisor not later than the fifteenth day of each month following  the
    45  receipt  thereof,  excepting  such  fees  and moneys the application and
    46  payment of which are otherwise provided for by law.   Every  officer  or
    47  employee, except a town justice, is hereby required to submit monthly to
    48  the supervisor a verified statement of all moneys received by him or her
    49  and  to  pay  such moneys to the supervisor who shall deliver his or her
    50  receipt therefor. Unless such verified statement and  payment  be  made,
    51  such officer or employee shall not be paid any further portion of his or
    52  her  salary  until  a  report  be submitted of any moneys paid as herein
    53  provided. The said provisions shall not affect a receiver of  taxes  and
    54  assessments  who  deposits the money collected directly to the credit of
    55  the supervisor and whose monthly report is equivalent to a receipt  from
    56  the  supervisor.  Provisions  of this subdivision shall not preclude the

        A. 8321--C                         50
 
     1  town from hiring laborers, clerical assistants  and  stenographers,  and
     2  compensating  them  upon the hourly or daily basis.  Notwithstanding any
     3  provision of the penal law, the civil practice law and rules, the crimi-
     4  nal  procedure law, the uniform justice court act, or any other general,
     5  special or local law, no [policeman] police  officer,  special  [police-
     6  man,]  police officer or constable of any such town shall retain for his
     7  or her own use fees, per diem or other compensation received by  him  or
     8  her  from the state, the county, or any other municipality, or a private
     9  corporation or a person, in or for the performance of the duties of  his
    10  or her office, whether such duties be of an administrative, legislative,
    11  judicial  or  other  nature, but all such fees and moneys so received by
    12  him or her shall be the property of the town of which he or  she  is  an
    13  officer  and  be paid to the supervisor not later than the fifteenth day
    14  of each month following the receipt thereof. No town justice of any town
    15  shall retain for his or her own use fees, per diem or other compensation
    16  received by him or her from the state, the county, or any other  munici-
    17  pality  or  a private corporation or a person, in or for the performance
    18  of the duties of his or her office, whether such duties be of an  admin-
    19  istrative, legislative, judicial, or other nature, but all such fees and
    20  moneys so received shall, unless otherwise provided by law, be the prop-
    21  erty  of  the town of which he or she is an officer and shall be paid by
    22  such justice to the state comptroller within the first ten days  of  the
    23  month  following collection. Each such payment shall be accompanied by a
    24  true and complete report in such form  and  detail  as  the  comptroller
    25  shall  prescribe. In the event that a justice shall not receive any such
    26  fees and moneys during any month he or she shall report this fact to the
    27  state comptroller within the first ten days  of  the  succeeding  month.
    28  Upon receipt of notice from the state comptroller that a justice has not
    29  properly  reported or properly accounted for any moneys received by such
    30  justice, it shall be unlawful for the town to make any  further  payment
    31  of compensation to such justice until receipt of a notice from the comp-
    32  troller  that  a proper accounting has been made. In all towns the sala-
    33  ries of all town justices shall be equal except that the town board  may
    34  determine  by a majority vote to pay salaries in different amounts. Fees
    35  payable by virtue of the  civil  practice  law  and  rules  and  section
    36  sixty-eight-a  of the public officers law, for taking oaths and acknowl-
    37  edgment, shall not be deemed to be  fees  within  the  meaning  of  this
    38  section,  but  may  be  retained,  or the payment thereof waived, by the
    39  officer taking the same.
    40    3. Notwithstanding the provisions of subdivision one of this  section,
    41  the  town  board  of  any town which shall not have established a police
    42  department, may adopt a resolution determining that the police  officers
    43  of  such town, including special [policemen] police officers and consta-
    44  bles, shall be compensated by annual salary or by the week, day or  hour
    45  for  services  actually and necessarily performed by them in all matters
    46  other than civil actions and proceedings, and that such police  officers
    47  shall  be  entitled  to  collect and retain for their own use, the fees,
    48  mileage, poundage and other compensation allowed by law for services  in
    49  civil actions and proceedings.
    50    § 92. Section 39 of the town law is amended to read as follows:
    51    §  39.  Powers  and  duties  of constables and town [policemen] police
    52  officers. Constables and town [policemen] police officers shall have all
    53  the power and authority conferred upon constables by the general laws of
    54  the state and such additional powers,  not  inconsistent  with  law,  as
    55  shall be conferred upon them by the town board. They shall be subject to
    56  the general authority and direction of the town board and to such orders

        A. 8321--C                         51

     1  and  regulations  as the town board may prescribe, not inconsistent with
     2  law.
     3    § 93. Section 139 of the town law, as added by chapter 470 of the laws
     4  of 1966, is amended to read as follows:
     5    §  139. Agreements with fire districts. If in the judgment of the town
     6  board it is advisable for the safety and welfare of the inhabitants of a
     7  fire district in the town that the issuance of a  town  fire  permit  to
     8  burn grass, leaves, brush, rubbish, refuse, buildings or other materials
     9  in  a  fire district should be issued, and preliminary investigations in
    10  relation thereto should be made, by a person or  persons  most  familiar
    11  with  local  grass and brush fire hazard conditions in the fire district
    12  and the availability of fire-fighting vehicles and [firemen]  firefight-
    13  ers,  then the town board, notwithstanding the provisions of section one
    14  hundred thirty-eight of this chapter, may provide in any fire prevention
    15  code, whether adopted by local law or by ordinance,  that  an  agreement
    16  may  be  entered  into  with the board of fire commissioners of any fire
    17  district located wholly or partly in the town that the issuance of  such
    18  permits,  and  preliminary investigations in relation thereto, on behalf
    19  of the town will be performed by the fire district within the limits  of
    20  such district in such town, the fire district to utilize the services of
    21  the  chief  engineer  and  assistant engineers of the fire district fire
    22  department in the performance of such duties agreed to be  performed  by
    23  the  fire  district. Any such agreement shall be for such period of time
    24  and on such terms as may be agreed upon, except that  it  shall  provide
    25  (1)  that  it  may be terminated by the town after written notice to the
    26  fire district and after a change in such fire prevention code to provide
    27  a different procedure for issuing such permits will become effective and
    28  (2) that it may be terminated by the fire district upon sixty days writ-
    29  ten notice to the town. If any fire  prevention  code  contains  such  a
    30  provision  authorizing such an agreement, the town board of the town and
    31  the board of fire commissioners of any fire district located  wholly  or
    32  partly in the town shall have power to enter into such agreement.
    33    §  94.  Subdivision  1  of  section 150 of the town law, as amended by
    34  chapter 843 of the laws of 1980, is amended to read as follows:
    35    1. The town board of any town may establish a  police  department  and
    36  appoint  a  chief  of police and such officers [and patrolmen] as may be
    37  needed and fix their compensation. The compensation of such  [policemen]
    38  police officers shall be a town charge; providing however, no assessment
    39  on  property in any village within any town or partially within any town
    40  shall be made for the maintenance or operation of a town police  depart-
    41  ment  established  after January first, nineteen hundred sixty, pursuant
    42  to this section if any such village maintains  a  police  department  of
    43  four  or  more [policemen] police officers on an annual full-time basis,
    44  established and maintained under the rules of civil  service.  The  town
    45  board  may, at its option, determine that the town shall pay all or part
    46  of the cost of the uniforms and necessary equipment of  its  [policemen]
    47  police  officers,  and may purchase such equipment for use by the police
    48  department as it shall deem necessary, including police patrol vehicles,
    49  and emergency service vehicles for police use in connection  with  acci-
    50  dents, public calamities or other emergencies. No assessment on property
    51  in  any  village  within  any  town  in  the county of Suffolk or in any
    52  village within the town of Fallsburgh shall be made for the  maintenance
    53  or  operation  of such town police department, if any such village main-
    54  tains a police department of two or more [policemen] police officers  on
    55  an  annual  basis.  In  the  event  that a town has established a police
    56  department prior to January first,  nineteen  hundred  sixty,  the  town

        A. 8321--C                         52
 
     1  board  of  such town may enter into an agreement with any village within
     2  it or partially within it which maintains a police department of four or
     3  more [policemen] police officers on an annual  full-time  basis,  estab-
     4  lished  and  maintained  under  the rules of civil service and determine
     5  therein what part of the cost thereof  shall  be  assessed  against  the
     6  property  in the village and what part thereof shall be assessed against
     7  the property in the town  outside  of  the  village.    Thereafter  such
     8  portion  of  the  cost  thereof determined to be assessed outside of the
     9  village shall be a charge against that part of the town outside  of  the
    10  village  and assessed, levied and collected from the taxable property of
    11  that part of the town outside  of  the  village.  When  appointed,  such
    12  [policemen shall be] police officers [and] shall have all the powers and
    13  be  subject to all the duties and liabilities of a police officer in all
    14  criminal actions and proceedings and special proceedings of  a  criminal
    15  nature.
    16    § 95. Section 157 of the town law is amended to read as follows:
    17    § 157. Absentee leave. Every member of such police department shall be
    18  entitled,  in  addition to any vacation or absentee leave now prescribed
    19  by law, to one day of rest in seven. The chief or acting  chief  of  the
    20  police  department  shall  keep  a time book showing the name and shield
    21  number of each member of the department and the hours worked by each  of
    22  such  [policemen] police officers in each day. The town board may make a
    23  variation from the above prescribed  hours  of  vacation,  provided  the
    24  member shall receive during each year the actual number of days absentee
    25  leave  to  which  he  or she is entitled. The town board, at its option,
    26  may, in addition to the days of rest  hereinbefore  provided,  grant  an
    27  annual  vacation  with  pay. Whenever the town board shall designate any
    28  [policeman] police officer to  attend  police  school,  such  attendance
    29  shall  be  deemed  in the course of duty and when so attending he or she
    30  shall receive his or her usual pay  and  reimbursement  for  actual  and
    31  necessary  expenses.  Sick  leave  with full pay may be granted whenever
    32  such sickness or disability has been incurred without the delinquency of
    33  the [policeman] police officer.
    34    § 96. Section 158 of the town law, as amended by chapter  584  of  the
    35  laws  of  1939,  subdivision  1 as amended by chapter 308 of the laws of
    36  1966, and subdivision 2 as amended by chapter 601 of the laws  of  1941,
    37  is amended to read as follows:
    38    §  158. Special [policemen] police officers.  1. The town board of any
    39  town of the first class and the town board of any  town  of  the  second
    40  class which shall have a population of five thousand or more as shown by
    41  the  latest  federal census, whether there be a police department in and
    42  for such town or not, may employ temporary police officers from time  to
    43  time  as  the  town  board  may determine their services necessary. Such
    44  police officers shall be known as "special [policemen] police  officers"
    45  and  shall have all the power and authority conferred upon constables by
    46  the general laws of the state and such additional powers, not inconsist-
    47  ent with law, as shall be conferred upon them by the  town  board.  They
    48  shall  be  subject  to  the  general authority and direction of the town
    49  board and  to  such  orders  and  regulations  as  the  town  board  may
    50  prescribe,  not  inconsistent  with law. Such special [policemen] police
    51  officers shall serve at the pleasure of the  town  board  and  the  town
    52  board  shall fix their compensation and may purchase uniforms and equip-
    53  ment therefor but no such special [policemen] police officers  shall  be
    54  appointed  nor  any  expense incurred by reason thereof unless said town
    55  board shall have provided therefor  in  its  annual  budget,  previously
    56  adopted, and no expenditure shall be made in excess of the budget appro-

        A. 8321--C                         53
 
     1  priation  therefor. Such special police shall be appointed in accordance
     2  with the civil service law and rules. Provided,  however,  and  notwith-
     3  standing the foregoing provisions of this section, the town board of any
     4  such  town may, when in their judgment necessary for the preservation of
     5  the public peace during any emergency period  of  sixty  days  or  less,
     6  appoint  and  at  pleasure  remove within such period additional special
     7  [policemen] police officers not exceeding five in number, without  exam-
     8  ination,  and fix their compensation which shall be a town charge and be
     9  paid from moneys available for expenditure for general town purposes.
    10    2. The town board of a town of the second class  which  shall  have  a
    11  population  of  less  than  five thousand as shown by the latest federal
    12  census, may adopt a resolution,  subject  to  a  permissive  referendum,
    13  determining  to  employ  one or more temporary police officers, provided
    14  that such town has a population of one thousand or more according to the
    15  latest federal census or that such town adjoins a city. Towns  having  a
    16  population in excess of one thousand may employ one additional temporary
    17  police  officer  for each one thousand population in excess of the first
    18  one thousand but the total number of police officers so  employed  shall
    19  not  exceed  five.  Such  police  officers  shall  be  known as "special
    20  [policemen] police officers" and shall have all the power and  authority
    21  conferred  upon  constables  by  the  general laws of the state and such
    22  additional powers, not inconsistent with law, as shall be conferred upon
    23  them by the town board. They shall be subject to the  general  authority
    24  and  direction  of  the town board and to such orders and regulations as
    25  the town board may prescribe, not inconsistent with law.   Such  special
    26  [policemen]  police  officers  shall  serve  at the pleasure of the town
    27  board and the town board shall fix their compensation and  may  purchase
    28  uniforms  and  equipment  therefor.  The compensation of such officer or
    29  officers, and the expense of the  uniforms  and  equipment  therefor  if
    30  purchased by the town board, shall be a town charge and the amount ther-
    31  eof  shall  be assessed and levied upon the taxable property of the town
    32  and collected in the same manner as other  town  charges  are  assessed,
    33  levied and collected.
    34    Notwithstanding  such limitations upon their number, any such town may
    35  employ not more than five temporary police officers for a period of  not
    36  to exceed three days in any calendar week.
    37    §  97.  Subdivisions  4-a  and  14,  paragraphs 4, 5, 7, and 8 and the
    38  eighth undesignated paragraph of subdivision 18, subdivision 18-a, para-
    39  graph (a) of subdivision 22, and subdivision 33 of section  176  of  the
    40  town law, subdivision 4-a as amended by chapter 550 of the laws of 1983,
    41  subdivision 14 as amended by chapter 645 of the laws of 1935, paragraphs
    42  4,  5  and  7  of subdivision 18 as amended by chapter 28 of the laws of
    43  1969, paragraph 8 of subdivision 18 as amended by  chapter  805  of  the
    44  laws  of  1984,  the  eighth undesignated paragraph of subdivision 18 as
    45  added by chapter 109 of the laws of 1978, subdivision 18-a as amended by
    46  chapter 831 of the laws of 1980, paragraph  (a)  of  subdivision  22  as
    47  amended  by chapter 294 of the laws of 2017, and subdivision 33 as added
    48  by chapter 571 of the laws of 1983, are amended to read as follows:
    49    4-a. Shall audit all claims against the fire district  and  shall,  by
    50  resolution,  order the payment thereof by the fire district treasurer in
    51  the amounts allowed. Except as otherwise provided by  this  subdivision,
    52  no  such  claim  shall  be  audited or ordered paid by the board of fire
    53  commissioners unless an itemized voucher therefor, in such form  as  the
    54  board  of  fire commissioners shall prescribe, shall have been presented
    55  to the board of fire commissioners for audit and allowance. The board of
    56  fire commissioners may provide by resolution that no such claims may  be

        A. 8321--C                         54
 
     1  presented,  audited  or  paid unless they be either verified under oath,
     2  or, in lieu of such verification, certified, to be true and correct in a
     3  statement signed by or on behalf of the claimant. The provisions of this
     4  subdivision  shall  not be applicable to claims for the payment of fixed
     5  salaries, compensation for services of officers or  employees  regularly
     6  engaged  by  the  fire  district at agreed wages by the hour, day, week,
     7  month or year unless so required by resolution  of  the  board  of  fire
     8  commissioners  adopted at the organization meeting in the month of Janu-
     9  ary, the principal of or interest on  obligations  issued  by  the  fire
    10  district,  fixed  amounts  becoming  due  on  lawful  contracts  for the
    11  purchase of water for  fire  protection,  and  amounts  which  the  fire
    12  district  may  be  required  to  pay  to the state employees' retirement
    13  system on account of contributions for  past  and  current  services  of
    14  [firemen]  firefighters.   The board of fire commissioners may, further,
    15  by resolution authorize the payment in advance of audit  of  claims  for
    16  light,  telephone, postage, freight and express charges. All such claims
    17  shall be presented at the next regular meeting for audit, and the claim-
    18  ant and the officer incurring or approving the same shall be jointly and
    19  severally liable for any amount disallowed by the board of fire  commis-
    20  sioners.
    21    14. For the preservation, protection and storing of fire apparatus and
    22  equipment and for the social and recreational use of the [firemen] fire-
    23  fighters  and  residents  of  the  district  and for any of the purposes
    24  authorized by law, may acquire by purchase, lease, gift,  devise  or  by
    25  condemnation,  real  property  and  erect,  construct, alter, repair and
    26  equip suitable buildings, and may furnish necessary  supplies  for  such
    27  purposes,  and may lease portions thereof not required for fire district
    28  purposes. All real property  required  by  any  fire  district  for  any
    29  purpose  authorized  by  this article shall be deemed to be required for
    30  public use and may be acquired by such fire district.
    31    (4) the compensation of paid fire district officers,  fire  department
    32  officers,  [firemen]  firefighters  and other paid personnel of the fire
    33  department,
    34    (5) contributions to the New York state employees'  retirement  system
    35  and  the  New  York state [policemen's] and local police and [firemen's]
    36  fire retirement system on account of past and current services  of  paid
    37  fire  district  officers  and  employees,  including  the paid officers,
    38  [firemen] firefighters and other personnel of the fire department,
    39    (7) the cost of insurance  secured  to  indemnify  the  fire  district
    40  against  liability  for  benefits or compensation required to be paid or
    41  furnished under or pursuant to the volunteer  [firemen's]  firefighters'
    42  benefit  law  and  [workmen's]  workers'  compensation  law,  or for the
    43  payment of the benefits or compensation required to be paid or furnished
    44  under or pursuant to such laws by a fire district which is a self-insur-
    45  er under such laws, to the extent that such  benefits  and  compensation
    46  have  not been recovered in such fiscal year under section twenty of the
    47  volunteer [firemen's] firefighters' benefit law or  section  twenty-nine
    48  of the [workmen's] workers' compensation law,
    49    (8)  the  cost  of  blanket  accident  insurance  purchased  under the
    50  provisions of section four thousand  two  hundred  thirty-seven  of  the
    51  insurance  law to insure volunteer [firemen] firefighters against injury
    52  or death resulting from bodily  injuries  sustained  by  such  [firemen]
    53  firefighters in the performance of their duties,
    54    The  foregoing  limitation  on expenditures shall not be applicable to
    55  contributions to the state's unemployment insurance fund on  account  of
    56  salaries  paid  to  fire  district officers and employees, including the

        A. 8321--C                         55
 
     1  paid officers, [firemen] firefighters and other personnel  of  the  fire
     2  department.
     3    18-a.  May  employ  such persons as may be necessary to effectuate the
     4  objects and purposes of the district. Persons may be  employed  as  paid
     5  [firemen] firefighters, however, only after a public hearing in relation
     6  to  such employment. Any such hearing shall be held by the board of fire
     7  commissioners and the notice of the hearing shall state  the  time  when
     8  and  place in the district where the hearing will be held, the number of
     9  paid [firemen] firefighters to be employed and the total  annual  amount
    10  to  be  spent  for  the salaries or other compensation of such [firemen]
    11  firefighters. The notice shall be published in the official newspaper of
    12  the district at least once not more than twenty nor less than  ten  days
    13  before the hearing.
    14    (a) May contract for the furnishing of fire protection within the fire
    15  district  with  any  city,  village, fire district, or incorporated fire
    16  company having its headquarters outside such fire district and maintain-
    17  ing adequate and suitable apparatus and appliances for the furnishing of
    18  fire protection in such district; provided  there  is  no  fire  company
    19  maintaining  its  headquarters  in  said  district  or provided the fire
    20  department of said district is, in the judgment of such fire commission-
    21  ers, unable to render  adequate  and  prompt  fire  protection  to  such
    22  district  or  any  area  thereof.  The contract also may provide for the
    23  furnishing of (i) emergency service in case of accidents, calamities  or
    24  other  emergencies  in  connection  with which the services of [firemen]
    25  firefighters would  be  required  and  (ii)  general  ambulance  service
    26  subject, however, to the provisions of section two hundred nine-b of the
    27  general  municipal  law.   In the event that the fire department or fire
    28  company furnishing fire  protection  within  the  district  pursuant  to
    29  contract  does  not  maintain and operate an ambulance and provision has
    30  not otherwise been made for  ambulance  service  for  the  area  of  the
    31  district  pursuant  to  section  one hundred twenty two-b of the general
    32  municipal law then a separate contract may be made  for  the  furnishing
    33  within  the district of emergency ambulance service or general ambulance
    34  service, or both, with any city,  village  or  fire  district  the  fire
    35  department  of  which,  or  with an incorporated fire company having its
    36  headquarters outside the district which, maintains and operates an ambu-
    37  lance subject, however, in the case of general ambulance service, to the
    38  provisions of section two hundred nine-b of the general municipal law.
    39    33. May authorize the use of fire equipment and apparatus belonging to
    40  the fire district for the purpose of participation in the funeral  of  a
    41  deceased  member  or  former member of a fire department or fire company
    42  within the district including the transportation  of  the  body  of  the
    43  deceased [fireman] firefighter.
    44    §  98.  Subdivision  2 of section 176-a of the town law, as amended by
    45  chapter 511 of the laws of 1974, is amended to read as follows:
    46    2. If an agreement in relation to the  issuance  of  fire  permits  is
    47  entered  into between the town board and the board of fire commissioners
    48  pursuant to section one hundred thirty-nine and subdivision  twenty-four
    49  of section one hundred seventy-six of this chapter, the duties performed
    50  for  the  fire district by the chief, or an assistant chief, of the fire
    51  district fire department in relation to the issuance of the fire permit,
    52  or any preliminary investigation in connection therewith shall,  in  the
    53  case  of  any  such officer who is a volunteer [fireman] firefighter, be
    54  deemed to have been performed by him or her in his or  her  capacity  as
    55  such  and  to be a duty within the meaning of paragraph c of subdivision
    56  one of section five of the volunteer [firemen's]  firefighters'  benefit

        A. 8321--C                         56
 
     1  law  and  shall, in the case of any such officer who is a paid [fireman]
     2  firefighter, be deemed to have been performed by him or her  in  his  or
     3  her  capacity as such and to be a duty within the meaning of section two
     4  hundred  seven-a  of the general municipal law and other laws applicable
     5  in the event of injuries to or death of paid [firemen]  firefighters  in
     6  line of duty. A chief or an assistant chief who is a volunteer [fireman]
     7  firefighter  shall  not receive any remuneration for his or her services
     8  in relation to the issuance of such permits  and  any  investigation  in
     9  relation  thereto,  and  any  such officer who is a paid [fireman] fire-
    10  fighter shall not receive any additional remuneration above his  or  her
    11  regular salary for any such service. Any such officer shall, however, be
    12  entitled  to  his or her actual and necessary travel expenses or mileage
    13  in connection with such services as  provided  in  section  one  hundred
    14  seventy-eight-c of this [chapter] article.
    15    §  99.  Subdivisions  5,  6, and 9, paragraph 3 of subdivision 13, and
    16  paragraph (a) of subdivision 15 of section 176-b of the town law, subdi-
    17  vision 5 as amended by chapter 273 of the laws of 1973, subdivision 6 as
    18  amended by chapter 213 of the laws of 1971, subdivision 9 as amended  by
    19  chapter  351 of the laws of 2000, paragraph 3 of subdivision 13 as added
    20  by chapter 12 of the laws of 1955, and paragraph (a) of  subdivision  15
    21  as  amended  by  chapter 215 of the laws of 1978, are amended to read as
    22  follows:
    23    5. Any fire company may authorize  the  continued  membership  of  any
    24  volunteer  member where such member notifies the secretary of his or her
    25  fire company (a) that he or she plans to change his or her residence  to
    26  territory  which is not in the fire district and is not protected by the
    27  fire department of the district, or any fire company  thereof,  pursuant
    28  to  a contract for fire protection, and (b) that by reason of his or her
    29  residence in the vicinity or his or her usual occupation he or she  will
    30  be  available  to  render  active service as a volunteer [fireman] fire-
    31  fighter in the fire district or in territory outside the  fire  district
    32  which  is  afforded  fire  protection  pursuant  to  a contract for fire
    33  protection by the fire department of the fire district, or a fire compa-
    34  ny thereof. Such authorization shall be pursuant to the by-laws, if any,
    35  of the fire company of which he or she  is  a  member,  otherwise  by  a
    36  three-fourths  vote  of  the  members  of  such fire company present and
    37  voting at a regular or special meeting thereof. Such authorization shall
    38  not become effective unless approved by resolution of the board of  fire
    39  commissioners.  Such authorization shall be deemed to have been approved
    40  pursuant to this subdivision in the event that no action is taken by the
    41  board of fire commissioners, either approving  or  disapproving,  within
    42  forty  days  after service of written notice of such authorization shall
    43  have been made by the secretary of the fire company upon  the  secretary
    44  of  the  board  of fire commissioners, either personally or by mail. Any
    45  membership continued pursuant to  the  provisions  of  this  subdivision
    46  shall  terminate  when the member cannot meet either the requirements of
    47  this subdivision or the residence requirements of subdivision  three  of
    48  this  section.  In  the  case  of  a fire district which adjoins another
    49  state, the term "vicinity", as used in this subdivision, includes terri-
    50  tory in this state and territory in the adjoining state.
    51    6. A person who cannot meet the residence requirements of  subdivision
    52  three of this section may be elected to membership as a volunteer member
    53  of  any  fire  company of the fire department if by reason of his or her
    54  residence in the vicinity or his or her usual occupation he or her  will
    55  be  available  to  render  active service as a volunteer [fireman] fire-
    56  fighter in the fire district or in  territory  which  is  afforded  fire

        A. 8321--C                         57
 
     1  protection  pursuant  to  a  contract  for  fire  protection by the fire
     2  department of the  fire  district,  or  a  fire  company  thereof.  Such
     3  election  shall be pursuant to the by-laws, if any, of the fire company;
     4  otherwise  by  a  three-fourths  vote of the members of the fire company
     5  present and voting at a regular or special meeting thereof. The  member-
     6  ship of any person so elected shall not become effective unless approved
     7  by  resolution  of  the board of fire commissioners. Membership shall be
     8  deemed to have been approved pursuant to this subdivision in  the  event
     9  that  no  action  is  taken  by  the board of fire commissioners, either
    10  approving or disapproving within seventy days after service  of  written
    11  notice  of  election to membership shall have been made by the secretary
    12  of the fire company upon the secretary of the board of fire  commission-
    13  ers,  either  personally  or  by  mail.  The membership of any volunteer
    14  member elected pursuant to the  provisions  of  this  subdivision  shall
    15  terminate  when  the  member cannot meet either the requirements of this
    16  subdivision or the residence requirements of subdivision three  of  this
    17  section.    In  the case of a fire district which adjoins another state,
    18  the term "vicinity", as used in this subdivision, includes territory  in
    19  this state and territory in the adjoining state.
    20    9.  Residents  of  outside  territory which is protected pursuant to a
    21  contract for fire protection who have been elected to volunteer  member-
    22  ship,  and non-residents whose volunteer memberships have been continued
    23  or authorized pursuant to subdivision five or six of this section may be
    24  elected or appointed to any office in the fire company or  fire  depart-
    25  ment  and, shall have all the powers, duties, immunities, and privileges
    26  of resident volunteer members, except a non-resident of this state whose
    27  membership has been continued  pursuant  to  subdivision  five  of  this
    28  section,  or  a non-resident of this state who was elected to membership
    29  pursuant to subdivision six of this section, shall not be considered  to
    30  be  performing  any  firemanic  duty,  or to be engaged in any firemanic
    31  activity, as a member of the fire company while he or she is outside  of
    32  this  state unless and until he or she has first reported to the officer
    33  or [fireman] firefighter in command of his or her  fire  department,  or
    34  any  company,  squad  or other unit thereof, engaged or to be engaged in
    35  rendering service outside this state, or has received orders or authori-
    36  zation from an officer of the fire department or fire company to partic-
    37  ipate in or attend authorized activities outside of this  state  in  the
    38  same manner as resident members of the fire company.
    39    (3) who was, at the time of his or her election to membership, a resi-
    40  dent  of  the  fire  district  or of territory outside the fire district
    41  which was afforded fire protection by the fire department  of  the  fire
    42  district,  or  any fire company thereof, pursuant to a contract for fire
    43  protection, shall for all purposes in law be  considered  to  have  been
    44  duly  elected and appointed to membership in such fire company as of the
    45  date of such appointment, if any, and, if none, then as of the  date  of
    46  such  election;  notwithstanding  that  there  may  have been some legal
    47  defect in such election, or the  proceedings  precedent  thereto,  or  a
    48  failure  of  the  board of fire commissioners to appoint such member, as
    49  provided by the law in force at the  time  of  such  election,  and  the
    50  status  of  such  person  as a volunteer [fireman] firefighter as of the
    51  date of such appointment or election is hereby legalized, validated, and
    52  confirmed. This subdivision shall not apply to a person, if  any,  whose
    53  volunteer  membership  in a fire company was declared invalid by a court
    54  of competent jurisdiction prior to the first day  of  January,  nineteen
    55  hundred fifty-five.

        A. 8321--C                         58
 
     1    (a)  It shall be an unlawful discriminatory practice for any volunteer
     2  fire department or fire company, through any member or members  thereof,
     3  officers,  board  of  fire  commissioners or other body or office having
     4  power of appointment of volunteer [firemen]  firefighters  in  any  fire
     5  department  or  fire  company  pursuant  to this section, because of the
     6  race, creed, color, national origin, sex or marital status of any  indi-
     7  vidual,  to exclude or to expel from its volunteer membership such indi-
     8  vidual, or to discriminate against any of its  members  because  of  the
     9  race,  creed,  color,  national  origin,  sex  or marital status of such
    10  volunteer members.
    11    § 100. Section 176-d of the town law, as added by chapter 838  of  the
    12  laws of 1975, is amended to read as follows:
    13    §   176-d.  Funding  of  fire  districts.  Notwithstanding  any  other
    14  provision of law to the contrary, a fire district may include as part of
    15  its budget an appropriation to fund an annual [fireman's]  firefighters'
    16  inspection-dinner for each fire company within the fire district.
    17    §  101.  The  opening  paragraph  of  section  177 of the town law, as
    18  amended by chapter 23 of the  laws  of  2010,  is  amended  to  read  as
    19  follows:
    20    The  fire  district  treasurer shall be the fiscal officer of the fire
    21  district and shall receive and have the custody  of  the  funds  of  the
    22  district  and shall disburse the same for the purposes herein authorized
    23  when so ordered by resolution of the board of fire commissioners, except
    24  that no such resolution of the board  of  fire  commissioners  shall  be
    25  required for the payment of fixed salaries, compensation for services of
    26  officers  or  employees regularly engaged by the fire district at agreed
    27  wages by the hour, day, week, month or year unless so required by resol-
    28  ution of the board of fire commissioners  adopted  at  the  organization
    29  meeting  in  the month of January, the principal of or interest on obli-
    30  gations issued by the fire  district,  fixed  amounts  becoming  due  on
    31  lawful  contracts  for  the  purchase  of water for fire protection, and
    32  amounts which the fire district may be required to pay to the state  and
    33  local  employees' retirement system on account of contributions for past
    34  and current services of [firemen] firefighters.  All such  disbursements
    35  shall  be  made  by  check payable to the order of the person or persons
    36  entitled thereto. The fire district treasurer shall also be  responsible
    37  for  filing  any  paperwork  necessary  to  obtain permits or secure any
    38  refunds provided pursuant to section three  hundred  seventy-eight-a  of
    39  the public authorities law. The board of fire commissioners shall desig-
    40  nate  in the manner provided by section ten of the general municipal law
    41  the depositaries in which the fire district treasurer shall, within  ten
    42  days,  deposit  and  secure  all  moneys coming into his or her hands by
    43  virtue of his or her office.
    44    § 102. Paragraph (c) of subdivision 1 of section 179 of the town  law,
    45  as  amended  by  chapter  565 of the laws of 1949, is amended to read as
    46  follows:
    47    (c) To lease, purchase, construct, reconstruct, alter, repair or equip
    48  suitable buildings for the preservation, protection and storing of vehi-
    49  cles, apparatus and equipment of the fire district and  for  the  social
    50  and  recreational use of the [firemen] firefighters and residents of the
    51  district, and purchase the necessary lands therefor.
    52    § 103. The closing paragraph of  section  189  of  the  town  law,  as
    53  amended  by  chapter  694  of  the  laws  of 1959, is amended to read as
    54  follows:
    55    The failure of any such officer or member  to  discover  and  properly
    56  report  any  such  fire  hazards  or  his  or her neglect or omission to

        A. 8321--C                         59
 
     1  perform such duties shall not subject  him  or  her,  his  or  her  fire
     2  department, fire company, or the city, village, fire district or town in
     3  which  or  of which he or she is a [fireman] firefighter to any civil or
     4  other  liability.  Any  such  fire officer or member shall not be liable
     5  civilly for any act or acts done by him or her as a [fireman] firefight-
     6  er in the performance of such duties, except for  wilful  negligence  or
     7  malfeasance,  but  the  provisions of this section shall not relieve any
     8  such city, village, fire district, town, or fire company from liability,
     9  if any, for the negligent or wrongful acts of the officer or  member  in
    10  the actual performance of such duty.
    11    §  104.  Subdivision 9 of section 224 of the county law, as amended by
    12  chapter 297 of the laws of 1952, is amended to read as follows:
    13    (9) Fire training schools for training [firemen] firefighters, includ-
    14  ing the power to pay to a city within or without the county for services
    15  in the training of [firemen] firefighters of such county.
    16    § 105. Paragraph (g) of subdivision 1 of section  225  of  the  county
    17  law,  as  amended by chapter 297 of the laws of 1952, is amended to read
    18  as follows:
    19    (g) Establishment and maintenance of fire training schools for  train-
    20  ing [firemen] firefighters.
    21    §  106.  Subdivisions  1,  2 and 3 of section 225-a of the county law,
    22  subdivisions 1 and 2 as amended by section 42 of part B of chapter 56 of
    23  the laws of 2010, and subdivision 3 as amended by chapter 53 of the laws
    24  of 1957, are amended to read as follows:
    25    1. In order to develop and maintain programs for fire  training,  fire
    26  service-related  activities  and  mutual  aid in cases of fire and other
    27  emergencies in which the services of  [firemen]  firefighters  would  be
    28  used  and to cooperate with the office of fire prevention and control in
    29  furthering such programs, the board of supervisors  of  any  county  may
    30  create  a  county  fire  advisory  board and may establish the office of
    31  county fire coordinator.
    32    2. A county fire advisory board shall consist of not  less  than  five
    33  nor more than twenty-one members, each of whom shall be appointed by the
    34  board  of supervisors for a term of not to exceed one year, two years or
    35  three years. Such terms of office need not be the same for all  members.
    36  It  shall be the duty of such board to cooperate with the office of fire
    37  prevention and control in relation to such programs for  fire  training,
    38  fire  service-related  activities  and mutual aid; to act as an advisory
    39  body to the board of supervisors and to the county fire coordinator,  if
    40  any,  in  connection  with the county participation in such programs for
    41  fire training, fire service-related activities and  mutual  aid  and  in
    42  connection  with  the  county  establishment and maintenance of a county
    43  fire training school and mutual aid programs in cases of fire and  other
    44  emergencies  in  which  the  services of [firemen] firefighters would be
    45  used; to perform such other duties  as  the  board  of  supervisors  may
    46  prescribe  in relation to fire training, fire service-related activities
    47  and mutual aid in cases of fire  and  other  emergencies  in  which  the
    48  services  of  [firemen]  firefighters would be used. The members of such
    49  board shall be county officers, and shall serve without compensation.
    50    3. If the office of county fire coordinator is created in any  county,
    51  the  board  of supervisors thereof shall appoint a county fire coordina-
    52  tor. It shall be his or her duty to administer the county  programs  for
    53  fire  training  and mutual aid in cases of fire and other emergencies in
    54  which the services of [firemen] firefighters would be used; to act as  a
    55  liaison  officer  between  the  board of supervisors and the county fire
    56  advisory board and the fire fighting forces in the county and the  offi-

        A. 8321--C                         60
 
     1  cers  and  governing boards or bodies thereof; and to perform such other
     2  duties as the board of supervisors  shall  prescribe.  The  county  fire
     3  coordinator  shall  be  a  county  officer  and the amount of his or her
     4  compensation, if any, shall be fixed by the board of supervisors.
     5    §  107.  The second undesignated paragraph of subdivision 4 of section
     6  243 of the military law, as separately amended by chapters 684 and  1197
     7  of the laws of 1971, is amended to read as follows:
     8    Time  during  which  a  member  is  absent  on military duty shall not
     9  constitute an interruption of continuous employment, but such time shall
    10  not be counted or included in determining the length  of  total  service
    11  unless such member contributes to the retirement system the amount he or
    12  she would have been required to contribute if he or she had been contin-
    13  uously employed during such period. Such contribution, or any part ther-
    14  eof,  may  be  paid at any time and from time to time, while in military
    15  duty, or within five years after the date of his or her  restoration  to
    16  his  or  her  position or before December thirty-first, nineteen hundred
    17  sixty-two, whichever date is later, or in the event of the death of  the
    18  member  while  in  military duty such contribution, or any part thereof,
    19  may be paid by the named beneficiary or the legal representative of  the
    20  member's  estate within one year following proof of such death. A member
    21  of the New York state employees' retirement system or of  the  New  York
    22  state  [policemen's]  and  local  police and [firemen's] fire retirement
    23  system, other than a member of the state police in a collective  negoti-
    24  ating unit established pursuant to article fourteen of the civil service
    25  law,  who  is in the employ of the state on March thirty-first, nineteen
    26  hundred seventy, who  failed  to  make  such  contributions  during  the
    27  prescribed  period of time may nonetheless obtain credit for time during
    28  which he or she was on military duty by depositing with such  retirement
    29  system an amount equal to the contribution he or she would have made had
    30  he  or  she  made a timely election, with regular interest, on or before
    31  March thirty-first, nineteen  hundred  seventy-two,  provided,  however,
    32  such  member  may  elect to deposit such amount over a period of time no
    33  greater than the period for which credit is being claimed, in which case
    34  such payments must commence no later than March  thirty-first,  nineteen
    35  hundred  seventy-two. If the full amount of such payments is not paid to
    36  the retirement system, the amount of service credited shall  be  propor-
    37  tional  to  the  total  amount of the payments made. A member of the New
    38  York state [policemen's] and local police and [firemen's]  fire  retire-
    39  ment  system who is a member of the state police in a collective negoti-
    40  ating unit established pursuant to article fourteen of the civil service
    41  law, who is in the employ of the state on March  thirty-first,  nineteen
    42  hundred  seventy-one,  who  failed to make such contributions during the
    43  prescribed period of time may nonetheless obtain credit for time  during
    44  which  he or she was on military duty by depositing with such retirement
    45  system an amount equal to the contribution he or she would have made had
    46  he or she made a timely election, with regular interest,  on  or  before
    47  March  thirty-first,  nineteen  hundred  seventy-two, provided, however,
    48  such member may elect to deposit such amount over a period  of  time  no
    49  greater than the period for which credit is being claimed, in which case
    50  such  payments  must commence no later than March thirty-first, nineteen
    51  hundred seventy-two. If the full amount of such payments is not paid  to
    52  the  retirement  system, the amount of service credited shall be propor-
    53  tional to the total amount of the payments made.
    54    § 108. Subparagraph a of paragraph 9 of subdivision 3 of section 4-412
    55  of the village law, as added by chapter 976 of  the  laws  of  1973,  is
    56  amended to read as follows:

        A. 8321--C                         61
 
     1    a.  May  contract  for  the  furnishing  of fire protection within the
     2  village with the fire department  in  the  village  or  with  any  city,
     3  village,  fire  district,  or incorporated fire company having its head-
     4  quarters outside such village  and  maintaining  adequate  and  suitable
     5  apparatus  and  appliances for the furnishing of fire protection in such
     6  village. The contract also may provide for the furnishing  of  emergency
     7  service  in  case  of  accidents,  calamities  or  other  emergencies in
     8  connection with which the services of [firemen]  firefighters  would  be
     9  required,  as  well  as in case of alarms of fire. The contract also may
    10  provide for the furnishing of general ambulance service subject,  howev-
    11  er,  to  the  provisions  of  section  two hundred nine-b of the general
    12  municipal law. In the event that the fire  department  or  fire  company
    13  furnishing  fire protection within the village pursuant to contract does
    14  not maintain and operate an ambulance then a separate  contract  may  be
    15  made  for  the  furnishing  within  the  village  of emergency ambulance
    16  service or general ambulance service, or both, with any city, village or
    17  fire district the fire department of which, or with an incorporated fire
    18  company having its headquarters outside the village which, maintains and
    19  operates an ambulance subject, however, in the case of general ambulance
    20  service, to the provisions of section two hundred nine-b of the  general
    21  municipal law.
    22    § 109. Section 8-802 of the village law is amended to read as follows:
    23    §  8-802  Powers  and  duties  of  [policemen]  police officers.   The
    24  [policemen] police officers so appointed shall have all the  powers  and
    25  be subject to the duties and liabilities of constables of towns in serv-
    26  ing  process  in  any  civil  action or proceeding. In addition to other
    27  powers conferred by law, said [policemen]  police  officers  shall  have
    28  power  to execute any warrant or process issued by a court of the county
    29  or counties in which such village is situated.
    30    § 110. Subdivisions 8 and 11 of section 10-1000 of  the  village  law,
    31  subdivision  11 as added by chapter 838 of the laws of 1975, are amended
    32  to read as follows:
    33    8. May employ duty or "[call men] persons on  call,"  to  serve  on  a
    34  part-time  basis  when necessary, and fix their duties and compensation.
    35  Such part-time paid [firemen] firefighters in the event of injury  shall
    36  be  entitled to the applicable benefits provided for such part-time paid
    37  [firemen] firefighters under section two hundred seven-a of the  general
    38  municipal  law  and in the event of injury or death shall be entitled to
    39  the applicable benefits, if any, provided for such part-time paid [fire-
    40  men] firefighters under the retirement and social security law  and  the
    41  [workmen's] workers' compensation law. Persons who are volunteer members
    42  of  the  village  fire department may be employed as such part-time paid
    43  [firemen] firefighters, but in the event of injury, death,  disease,  or
    44  infection,  resulting  from  services  performed in line of duty as such
    45  part-time paid [firemen] firefighters they shall not be entitled to  any
    46  of  the benefits provided for volunteer [firemen] firefighters under the
    47  volunteer [firemen's] firefighters' benefit law, or under any policy  of
    48  blanket  accident insurance purchased by the village or purchased by the
    49  fire department to cover only volunteer members of such department.
    50    11. Notwithstanding any other provisions of law  to  the  contrary,  a
    51  village  may  include  as part of its budget an appropriation to fund an
    52  annual [firemen's] firefighters' inspection-dinner for each fire company
    53  within the village.
    54    § 111. Subdivisions 5, 6, 7, and 9, paragraph  3  of  subdivision  15,
    55  paragraph  3  of  subdivision 16, and paragraph (a) of subdivision 17 of
    56  section 10-1006 of the village law, subdivision 7 as separately  amended

        A. 8321--C                         62
 
     1  by  chapters 117 and 215 of the laws of 2014, paragraph 3 of subdivision
     2  16 as amended by chapter 373 of the laws of 2011, and paragraph  (a)  of
     3  subdivision  17  as  amended  by  chapter  215  of the laws of 1978, are
     4  amended to read as follows:
     5    5.  Any  fire  company  may  authorize the continued membership of any
     6  volunteer member where such member notifies the secretary of his or  her
     7  fire  company (a) that he or she plans to change his or her residence to
     8  territory which is not in the village and is not protected by  the  fire
     9  department  of  the  village, or any fire company thereof, pursuant to a
    10  contract for fire protection, and (b) that by reason of his or her resi-
    11  dence in the vicinity or his or her usual occupation he or she  will  be
    12  available  to render active service as a volunteer [fireman] firefighter
    13  in the village or in territory outside the  village  which  is  afforded
    14  fire  protection  pursuant to a contract for fire protection by the fire
    15  department of the village, or a fire company thereof. Such authorization
    16  shall be pursuant to the by-laws, if any, of the fire company  of  which
    17  he  or she is a member, otherwise by a three-fourths vote of the members
    18  of such fire company present and voting at a regular or special  meeting
    19  thereof.  Such  authorization shall not become effective unless approved
    20  by resolution of the board of  fire  commissioners.  Such  authorization
    21  shall  be  deemed  to have been approved pursuant to this subdivision in
    22  the event that no action is taken by the board  of  fire  commissioners,
    23  either  approving  or  disapproving,  within forty days after service of
    24  written notice of such authorization shall have been made by the  secre-
    25  tary of the fire company upon the village clerk, either personally or by
    26  mail. Any membership continued pursuant to the provisions of this subdi-
    27  vision  shall  terminate when the member cannot meet either the require-
    28  ments of this subdivision or the residence requirements  of  subdivision
    29  three  of  this section.  In the case of a village which adjoins another
    30  state, the term "vicinity", as used in this subdivision, includes terri-
    31  tory in this state and territory in the adjoining state.
    32    6. A person who cannot meet the residence requirements of  subdivision
    33  three of this section may be elected to membership as a volunteer member
    34  of  any  fire  company of the fire department if by reason of his or her
    35  residence in the vicinity or his or her usual occupation he or she  will
    36  be  available  to  render  active service as a volunteer [fireman] fire-
    37  fighter in the village or in territory which is afforded fire protection
    38  pursuant to a contract for fire protection by the fire department of the
    39  village or a fire company thereof. Such election shall  be  pursuant  to
    40  the  by-laws,  if any, of the fire company; otherwise by a three-fourths
    41  vote of the members of the fire company present and voting at a  regular
    42  or  special  meeting  thereof.  The  membership of any person so elected
    43  shall not become effective unless approved by resolution of the board of
    44  fire commissioners. Membership shall be deemed  to  have  been  approved
    45  pursuant to this subdivision in the event that no action is taken by the
    46  board  of  fire  commissioners, either approving or disapproving, within
    47  seventy days after service of written notice of election  to  membership
    48  shall  have  been  made  by  the  secretary of the fire company upon the
    49  village clerk, either personally or  by  mail.  The  membership  of  any
    50  volunteer  member elected pursuant to the provisions of this subdivision
    51  shall terminate when the member cannot meet either the  requirements  of
    52  this  subdivision  or the residence requirements of subdivision three of
    53  this section.  In the case of a village which adjoins another state, the
    54  term "vicinity", as used in this subdivision, includes territory in this
    55  state and territory in the adjoining state.

        A. 8321--C                         63
 
     1    7. The membership of any volunteer [fireman] firefighter shall not  be
     2  continued  pursuant  to  subdivision  five  of this section, and persons
     3  shall not be elected to membership pursuant to subdivision six  of  this
     4  section, if, by so doing, the percentage of such non-resident members in
     5  the  fire  company  would  exceed  forty-five  per  centum of the actual
     6  membership of the fire company, provided however, that the provisions of
     7  this subdivision shall not apply to the membership  of  the  village  of
     8  Blasdell   volunteer   fire   department,  provided  however,  that  the
     9  provisions of this subdivision shall not apply to the membership of  the
    10  village  of  Delanson volunteer fire company in the village of Delanson,
    11  county of Schenectady.
    12    9. Residents of outside territory protected pursuant to a contract for
    13  fire protection who have been elected to volunteer membership, and  non-
    14  residents  whose volunteer memberships have been continued or authorized
    15  pursuant to subdivision five or six of this section, shall have all  the
    16  powers,   duties,  immunities,  and  privileges  of  resident  volunteer
    17  members, except (1) non-residents of the state may not be  appointed  or
    18  elected  to any office in the fire company or fire department, and (2) a
    19  non-resident of this state whose membership has been continued  pursuant
    20  to subdivision five of this section, or a non-resident of this state who
    21  was  elected  to membership pursuant to subdivision six of this section,
    22  shall not be considered to be performing any firemanic duty,  or  to  be
    23  engaged in any firemanic activity, as a member of the fire company while
    24  he  or she is outside of this state unless and until he or she has first
    25  reported to the officer or [fireman] firefighter in command  of  his  or
    26  her  fire  department,  or  any  company,  squad  or other unit thereof,
    27  engaged or to be engaged in rendering service outside this state, or has
    28  received orders or authorization from an officer of the fire  department
    29  or  fire  company  to  participate  in  or  attend authorized activities
    30  outside of this state in the same manner as resident members of the fire
    31  company.
    32    (3) who was, at the time of his or her nomination  for  membership,  a
    33  resident of the village or of territory outside of the village which was
    34  afforded  fire  protection by the fire department of the village, or any
    35  fire company thereof, pursuant to a contract for fire protection,  shall
    36  for  all  purposes  in law be considered to have been duly nominated and
    37  appointed to membership in such fire company as  of  the  date  of  such
    38  appointment,  if  any,  and,  if none, then as of the date of such nomi-
    39  nation; notwithstanding that there may have been some  legal  defect  in
    40  such  nomination,  or the proceedings precedent thereto, or a failure of
    41  the board of fire commissioners or board of  trustees  to  appoint  such
    42  member,  as provided by law in force at the time of such nomination, and
    43  the status of such person as a volunteer [fireman] firefighter as of the
    44  date of such appointment or nomination is  hereby  legalized,  validated
    45  and  confirmed.    An  election to membership in a fire company shall be
    46  deemed equivalent to a nomination for membership  for  the  purposes  of
    47  this  subdivision  in  the event that a formal nomination for membership
    48  was never presented to a board of fire commissioners or board  of  trus-
    49  tees  as  provided  by  the law in force prior to the first day of July,
    50  nineteen hundred fifty-four, and, for the purposes of this  subdivision,
    51  such  election,  and the proceedings precedent thereto, shall be consid-
    52  ered to have been held and conducted in the manner required by law. This
    53  subdivision shall not apply to a person, if any, whose volunteer member-
    54  ship in a fire company was declared invalid  by  a  court  of  competent
    55  jurisdiction  prior to the first day of January, nineteen hundred fifty-
    56  five.

        A. 8321--C                         64
 
     1    (3) who was, at the time of his or her election to membership, a resi-
     2  dent of the village or  of  territory  outside  the  village  which  was
     3  afforded  fire  protection by the fire department of the village, or any
     4  fire company thereof, pursuant to a contract for fire protection, or who
     5  was a non-resident who was elected to membership or who was continued as
     6  a member, pursuant to the provisions of subdivisions five or six of this
     7  section,  shall  for all purposes in law be considered to have been duly
     8  elected and approved, or continued, as a member in such fire company  as
     9  of  the date of such approval, if any, and, if none, then as of the date
    10  of such election or, in the case of a continuance, as of the date of the
    11  approval, if any, by the board of fire commissioners  or  the  board  of
    12  trustees,  and,  if none, as of the date of authorization of continuance
    13  by the fire company; notwithstanding that there may have been some legal
    14  defect in such election, or the  proceedings  precedent  thereto,  or  a
    15  failure  of  the  board  of  fire  commissioners or board of trustees to
    16  approve such member, or approve the continuance of  membership  of  such
    17  member, as provided by the law in force at the time of such election, or
    18  continuance,  and  the  status  of  such person as a volunteer [fireman]
    19  firefighter as of the date is hereby legalized, validated and confirmed.
    20  This subdivision shall not apply to a person, if  any,  whose  volunteer
    21  membership in a fire company was disapproved by the board of trustees or
    22  board  of fire commissioners or declared invalid by a court of competent
    23  jurisdiction prior to the first day of January, two thousand eleven.
    24    (a) It shall be an unlawful discriminatory practice for any  volunteer
    25  fire  department or fire company, through any member or members thereof,
    26  officers, board of fire commissioners or other  body  or  office  having
    27  power  of  appointment  of  volunteer [firemen] firefighters in any fire
    28  department or fire company pursuant to  this  section,  because  of  the
    29  race,  creed, color, national origin, sex or marital status of any indi-
    30  vidual, to exclude or to expel from its volunteer membership such  indi-
    31  vidual,  or  to  discriminate  against any of its members because of the
    32  race, creed, color, national origin,  sex  or  marital  status  of  such
    33  volunteer members.
    34    §  112.  Section  10-1020  of  the  village  law is amended to read as
    35  follows:
    36    § 10-1020 Abolition of fire department; employment of  paid  [firemen]
    37  firefighters.  The  board of trustees of any village may, by resolution,
    38  abolish, in whole or in part, the fire department in such village, which
    39  action of the board of trustees shall be subject to a permissive  refer-
    40  endum  as defined in this chapter; if such fire department is abolished,
    41  all the money and property of such department shall be  turned  over  by
    42  the  officers  of  such  department  or by the fire commissioners to the
    43  board of trustees within ten days after service of notice on such  offi-
    44  cers  or  commissioners  of the action of the board of trustees. Or, the
    45  board of trustees may, by resolution, determine that one or more  [fire-
    46  men]  firefighters  shall be employed to act with such voluntary depart-
    47  ment and may fix the salary of such [firemen] firefighters; the board of
    48  trustees may also determine that such paid [firemen] firefighters  shall
    49  have  charge of all apparatus and other equipment and that the voluntary
    50  department shall act under the orders of such paid [fireman or  firemen]
    51  firefighter or firefighters.
    52    §  113.  The  third  undesignated  paragraph of section 10-1022 of the
    53  village law is amended to read as follows:
    54    The failure of any such officer or member  to  discover  and  properly
    55  report  any  such  fire  hazards  or  his  or her neglect or omission to
    56  perform such duties shall not subject  him  or  her,  his  or  her  fire

        A. 8321--C                         65
 
     1  department, fire company, or the city, village, fire district or town in
     2  which  or  of which he or she is a [fireman] firefighter to any civil or
     3  other liability. Any such fire officer or member  shall  not  be  liable
     4  civilly for any act or acts done by him or her as a [fireman] firefight-
     5  er  in  the  performance of such duties, except for wilful negligence or
     6  malfeasance, but the provisions of this section shall  not  relieve  any
     7  such city, village, fire district, town, or fire company from liability,
     8  if  any,  for the negligent or wrongful acts of the officer or member in
     9  the actual performance of such duty.
    10    § 114. Subdivision 4 of section 604 of the education law,  as  amended
    11  by chapter 335 of the laws of 1987, is amended to read as follows:
    12    4.  Regents awards for children of deceased police officers, [firemen]
    13  firefighters, volunteer firefighters and correction officers are  avail-
    14  able  for  eligible  students in an approved program pursuant to section
    15  six hundred sixty-four of this chapter.
    16    § 115. Paragraph b of subdivision 1 of section 664  of  the  education
    17  law,  as  amended by chapter 335 of the laws of 1987, is amended to read
    18  as follows:
    19    b. A person may receive  concurrently  a  tuition  assistance  program
    20  award,  a  regents  award for children of deceased and disabled veterans
    21  and a regents award for children of deceased police officers,  [firemen]
    22  firefighters  and volunteer firefighters, and correction officers of the
    23  state or any political subdivision thereof, and may also  receive  bene-
    24  fits  under  one  or  all  of these awards concurrently with an academic
    25  performance award or federal or other awards. However, in  the  case  of
    26  the  regents  awards  for children of deceased state correction officers
    27  and state civilian employees of a correctional facility received  pursu-
    28  ant to the provisions of section six hundred sixty-nine of this article,
    29  no  person shall receive benefits under this award concurrently with any
    30  other general or academic performance award under this chapter, or  with
    31  any  scholarship,  grant,  or  educational  assistance under federal law
    32  that, in the judgment of the commissioner would duplicate  the  purposes
    33  of such award.
    34    §  116. Subdivision 2 of section 1004 of the education law, as amended
    35  by chapter 746 of the laws of 1967, is amended to read as follows:
    36    2. To provide vocational rehabilitation services directly  or  through
    37  public  or  private instrumentalities for handicapped persons (excepting
    38  blind persons and, with respect to physical restoration services,  those
    39  persons  who  are  entitled to such services pursuant to the [workmen's]
    40  workers' compensation law and the  volunteer  [firemen's]  firefighters'
    41  benefit  law)  whose vocational rehabilitation the department determines
    42  after full investigation may be satisfactorily achieved. In  the  course
    43  of  its  investigation of an individual applicant's vocational rehabili-
    44  tation potential the  department  may  conduct  an  extended  evaluation
    45  program including utilization of such vocational rehabilitation services
    46  as it deems necessary.
    47    § 117. Section 2103-a of the education law, as added by chapter 949 of
    48  the laws of 1974, is amended to read as follows:
    49    § 2103-a. [Policemen  and firemen] Police officers and firefighters on
    50  boards of education.  Notwithstanding any general, special or local law,
    51  ordinance or charter provision to the contrary, or  any  rule  or  regu-
    52  lation,   [policemen  and  firemen]  police  officers  and  firefighters
    53  employed by any municipal subdivision of the state  or  police  district
    54  provided they are otherwise eligible, may be candidates for election and
    55  serve as members of boards of education in school districts located: (1)
    56  other  than  in  the  municipality  where  they  perform their duties as

        A. 8321--C                         66
 
     1  [policemen or firemen] police officers and  firefighters  on  a  regular
     2  basis,  or  (2)  unless prohibited by the legislative body for whom they
     3  are employed, in school districts located in  the  locality  where  they
     4  perform their duties as [policemen or firemen] police officers and fire-
     5  fighters.
     6    §  118. Subdivision 7 of section 2502 of the education law, as amended
     7  by chapter 438 of the laws of 1980, is amended to read as follows:
     8    7. No person shall be eligible to the office of member of the board of
     9  education who is not a qualified voter of the city school  district  and
    10  who  has  not  been a resident of such district for a period of at least
    11  one year  immediately  preceding  the  date  of  his  or  her  election;
    12  provided, however, that no person shall hold at the same time the office
    13  of  member of the board of education and any city office other than as a
    14  [policeman  or  fireman]  police  officer  and  firefighter;   provided,
    15  further,  that  where  territory  is  added to a city school district by
    16  order of the commissioner [of education] pursuant to article  thirty-one
    17  of  this chapter, residence in the territory so added to the city school
    18  district shall be and shall be deemed to be residence in the city school
    19  district for the purposes of this subdivision, and a person qualified to
    20  vote in school district elections by virtue of his or her  residence  in
    21  the  territory so added to the city school district immediately prior to
    22  the addition of such territory to the city school district shall be  and
    23  shall  be  deemed  to  be  a qualified voter of the city school district
    24  immediately upon the addition of such territory.
    25    § 119. Subdivision (a) of section 7.25 of the mental hygiene  law,  as
    26  amended  by  chapter  22  of  the  laws  of  1984, is amended to read as
    27  follows:
    28    (a) The commissioner and the directors of in-patient facilities in the
    29  office of mental health may designate safety officers to act as  special
    30  [policemen]  police officers whose duty it shall be, under orders of the
    31  appropriate officer, to preserve peace and good order in  facilities  of
    32  such  office  and to fully protect the grounds, buildings, and patients.
    33  Such safety officers acting as special [policemen] police officers shall
    34  possess all the powers of peace officers, as set forth in  section  2.20
    35  of the criminal procedure law, while performing duties in or arising out
    36  of  the  course  of  their  employment.  Such peace officers when acting
    37  pursuant to their special duties may issue and serve a simplified  traf-
    38  fic  information  and  appearance  ticket, in the form prescribed by the
    39  commissioner of motor vehicles pursuant to section two hundred seven  of
    40  the vehicle and traffic law, upon a person when he or she has reasonable
    41  cause  to believe that such person has committed a traffic infraction in
    42  his or her presence, and shall have the power  to  issue  and  serve  an
    43  appearance ticket as defined in section 150.10 of the criminal procedure
    44  law for an offense other than a felony in lieu of an arrest.
    45    §  120. Subdivision (a) of section 13.25 of the mental hygiene law, as
    46  amended by chapter 969 of the laws  of  1983,  is  amended  to  read  as
    47  follows:
    48    (a)  The commissioner and the directors of facilities under his or her
    49  jurisdiction may designate safety officers to act as special [policemen]
    50  police officers whose duty it shall be, under orders of the  appropriate
    51  officer,  to  preserve  peace  and  good order in such facilities and to
    52  fully protect the grounds, buildings, and patients. Such safety officers
    53  acting as special [policemen] police  officers  shall  possess  all  the
    54  powers  of  peace officers, as set forth in section 2.20 of the criminal
    55  procedure law, while performing duties in or arising out of  the  course
    56  of  their employment.  Such peace officers when acting pursuant to their

        A. 8321--C                         67
 
     1  special duties may issue and serve a simplified traffic information  and
     2  appearance  ticket,  in the form prescribed by the commissioner of motor
     3  vehicles pursuant to section two hundred seven of the vehicle and  traf-
     4  fic  law,  upon  a person when he or she has reasonable cause to believe
     5  that such person has committed a traffic infraction in his or her  pres-
     6  ence,  and  shall have the power to issue and serve an appearance ticket
     7  as defined in section 150.10  of  the  criminal  procedure  law  for  an
     8  offense other than a felony in lieu of an arrest.
     9    §  121.  Subdivision  5  of  section 73 of the Indian law, as added by
    10  chapter 1022 of the laws of 1969, is amended to read as follows:
    11    5. Notwithstanding any other provision of law to establish, manage and
    12  control a fire corporation for the fire protection of the common land of
    13  the nation and to enter into contracts necessary for providing such fire
    14  protection  and   to   provide   insurance   for   volunteer   [firemen]
    15  firefighters.
    16    § 122. Section 77 of the Indian law is amended to read as follows:
    17    §  77.  [Policemen]  Police  officers  at  annual fair.   The board of
    18  commissioners of the Niagara frontier  police  district  may,  upon  the
    19  written request of at least five of the councilors of the Seneca nation,
    20  detail  two  or  more  [policemen]  police  officers of such district to
    21  attend and preserve peace and good order  at  the  annual  fair  of  the
    22  Iroquois  agricultural  society  on  the  Cattaraugus  reservation;  the
    23  reasonable expenses of such [policemen] police officers to  be  defrayed
    24  by such nation.
    25    §  123.  Paragraph  3 of subdivision a of section 30 of the retirement
    26  and social security law, as added by chapter 776 of the laws of 1957, is
    27  amended to read as follows:
    28    3. The power to exclude employees from eligibility for  membership  in
    29  the retirement system pursuant to paragraph one or paragraph two of this
    30  subdivision  a shall terminate on the day after the modification extend-
    31  ing the old-age and survivors insurance system to any  position  covered
    32  by such system and held by an employee of a political subdivision of the
    33  state (exclusive of one in a [policeman's or firemen's] police officer's
    34  or firefighter's position) is executed.
    35    §  124.  Paragraph  3 of subdivision e of section 31 of the retirement
    36  and social security law, as added by chapter 776 of the laws of 1957, is
    37  amended to read as follows:
    38    3. The power to exclude employees from eligibility for  membership  in
    39  the retirement system pursuant to paragraph one or paragraph two of this
    40  subdivision  e shall terminate on the day after the modification extend-
    41  ing the old-age and survivors insurance system to any  position  covered
    42  by such system and held by an employee of a political subdivision of the
    43  state (exclusive of one in a [policeman's or firemen's] police officer's
    44  or firefighter's position) is executed.
    45    §  125.  Paragraph  3 of subdivision b of section 40 of the retirement
    46  and social security law is amended to read as follows:
    47    3. Every [policeman  and  fireman]  police  officer  and  firefighter,
    48  appointed  to and employed by a city, county, town, village or police or
    49  fire district, in a position in the classified civil service, other than
    50  in a position in the exempt class, and who is not eligible to  become  a
    51  member  of  a local pension system.  Notwithstanding any other provision
    52  of this article, so far as such [policemen and firemen] police  officers
    53  and  firefighters are concerned, their employers shall be treated in all
    54  respects as if they were participating employers. Such  employers  shall
    55  pay  into  the  pension accumulation fund the amount required to pay the
    56  accrued liability on account of such  [policemen]  police  officers  and

        A. 8321--C                         68
 
     1  [firemen]  firefighters,  as computed by the actuary. Such payment shall
     2  be made in such installments as the comptroller shall require.
     3    §  126.  Subdivision  (d) of section 89-a of the retirement and social
     4  security law, as amended by chapter 493 of the laws of 1969, is  amended
     5  to read as follows:
     6    (d)  Credit  for service as a member or officer of the state police or
     7  as a paid [fireman, policeman] firefighter, police officer or officer of
     8  any organized fire department or police force or department of any coun-
     9  ty, city, village, town, fire district or police district, or as a crim-
    10  inal investigator in the office of a district  attorney,  provided  that
    11  service  as  such investigator shall have been rendered prior to January
    12  first, nineteen hundred sixty and that credit therefor shall not  exceed
    13  five  years,  shall also be deemed to be creditable service and shall be
    14  included in computing years of total service for retirement pursuant  to
    15  this  section,  provided  such service was performed by the member while
    16  contributing to the retirement system pursuant to the provisions of this
    17  article or article eight of this chapter.
    18    § 127. Subdivision (i) of section 89-b of the  retirement  and  social
    19  security law, as added by chapter 622 of the laws of 1970, is amended to
    20  read as follows:
    21    (i)  Credit for service as a member or officer of the state police, or
    22  as a paid [fireman, policeman] firefighter, police officer or officer of
    23  any organized fire department or police force or department of any coun-
    24  ty, city, village, town, fire district or police district or as a crimi-
    25  nal investigator in the office of a  district  attorney,  provided  that
    26  service  as  such investigator shall have been rendered prior to January
    27  first, nineteen hundred sixty and that credit therefor shall not  exceed
    28  five  years,  shall also be deemed to be creditable service and shall be
    29  included in computing years of total service for retirement pursuant  to
    30  this  section,  provided  such service was performed by the member while
    31  contributing to the retirement system pursuant to this article or  arti-
    32  cle eight of this chapter.
    33    §  128.  Subdivision  (i) of section 89-d of the retirement and social
    34  security law, as added by chapter 678 of the laws of 1983, is amended to
    35  read as follows:
    36    (i) Credit for service as a member or officer of the state police,  or
    37  as a paid [fireman, policeman] firefighter, police officer or officer of
    38  any organized fire department or police force or department of any coun-
    39  ty,  city, village, town, fire district or police district or as a sher-
    40  iff, undersheriff or regular deputy sheriff or as  a  criminal  investi-
    41  gator  in  the office of a district attorney, shall also be deemed to be
    42  creditable service and shall be included in  computing  years  of  total
    43  service  for  retirement pursuant to this section, provided such service
    44  was performed by the member while contributing to the retirement  system
    45  pursuant to this article or article eight of this chapter.
    46    §  129.  Subdivision  e  of  section 89-e of the retirement and social
    47  security law, as added by chapter 520 of the laws of 1988, is amended to
    48  read as follows:
    49    e. Credit for service as a member or officer of the state police or as
    50  a paid firefighter, [policeman] police officer or officer of any  organ-
    51  ized  fire department or police force or department of any county, city,
    52  village, town, fire district or police district, or as a criminal inves-
    53  tigator in the office of a district attorney, provided that  service  as
    54  such investigator shall have been rendered prior to January first, nine-
    55  teen hundred sixty and that credit therefor shall not exceed five years,
    56  shall  also  be deemed to be creditable service and shall be included in

        A. 8321--C                         69
 
     1  computing years  of  total  service  for  retirement  pursuant  to  this
     2  section,  provided  such  service  was  performed  by  the  member while
     3  contributing to the retirement system pursuant to the provisions of this
     4  article or article eight of this chapter.
     5    §  130.  Subdivision  f  of  section 89-f of the retirement and social
     6  security law, as added by chapter 591 of the laws of 1988, and as relet-
     7  tered by chapter 543 of the laws of 1992, is amended to read as follows:
     8    f. Credit for service as a member or officer of the state police or as
     9  a paid [fireman, policeman] firefighter, police officer  or  officer  of
    10  any organized fire department or police force or department of any coun-
    11  ty, city, village, town, fire district or police district, or as a crim-
    12  inal  investigator  in  the office of a district attorney, provided that
    13  service as such investigator shall have been rendered prior  to  January
    14  first,  nineteen hundred sixty and that credit therefor shall not exceed
    15  five years, shall also be deemed to be creditable service and  shall  be
    16  included  in computing years of total service for retirement pursuant to
    17  this section, provided such service was performed by  the  member  while
    18  contributing to the retirement system pursuant to the provisions of this
    19  article or article eight of this chapter.
    20    §  131.  Subdivision  e  of  section 89-g of the retirement and social
    21  security law, as added by chapter 653 of  the  laws  of  1988  and  such
    22  section  as renumbered by chapter 771 of the laws of 1988, is amended to
    23  read as follows:
    24    e. Credit for service as a member or officer of the state police or as
    25  a paid [fireman, policeman] firefighter, police officer  or  officer  of
    26  any organized fire department or police force or department of any coun-
    27  ty, city, village, town, fire district or police district, or as a crim-
    28  inal  investigator  in  the office of a district attorney, provided that
    29  service as such investigator shall have been rendered prior  to  January
    30  first,  nineteen hundred sixty and that credit therefor shall not exceed
    31  five years, shall also be deemed to be creditable service and  shall  be
    32  included  in computing years of total service for retirement pursuant to
    33  this section, provided such service was performed by  the  member  while
    34  contributing to the retirement system pursuant to the provisions of this
    35  article or article eight of this chapter.
    36    §  132.  Subdivision  e  of  section 89-h of the retirement and social
    37  security law, as amended by chapter 320 of the laws of 2003, is  amended
    38  to read as follows:
    39    e. Credit for service as a member or officer of the state police or as
    40  a  paid  [fireman,  policeman] firefighter, police officer or officer of
    41  any organized fire department or police force or department of any coun-
    42  ty, city, village, town, fire district or police district, or as a crim-
    43  inal investigator in the office of a district  attorney,  provided  that
    44  service  as  such investigator shall have been rendered prior to January
    45  first, nineteen hundred sixty and that credit therefor shall not  exceed
    46  five  years,  shall also be deemed to be creditable service and shall be
    47  included in computing years of total service for retirement pursuant  to
    48  this  section,  provided  such service was performed by the member while
    49  contributing to the retirement system pursuant to the provisions of this
    50  article or article eight of this chapter.
    51    § 133. Subdivision e of section 89-i  of  the  retirement  and  social
    52  security law, as added by chapter 283 of the laws of 1989, is amended to
    53  read as follows:
    54    e. Credit for service as a member or officer of the state police or as
    55  a  paid  [fireman,  policeman] firefighter, police officer or officer of
    56  any organized fire department or police force or department of any coun-

        A. 8321--C                         70
 
     1  ty, city, village, town, fire district or police district, or as a crim-
     2  inal investigator in the office of a district  attorney,  provided  that
     3  service  as  such investigator shall have been rendered prior to January
     4  first,  nineteen hundred sixty and that credit therefor shall not exceed
     5  five years, shall also be deemed to be creditable service and  shall  be
     6  included  in computing years of total service for retirement pursuant to
     7  this section, provided such service was performed by  the  member  while
     8  contributing to the retirement system pursuant to the provisions of this
     9  article or article eight of this chapter.
    10    §  134.  Subdivision  e  of  section 89-j of the retirement and social
    11  security law, as added by chapter 648 of the laws of 1989, is amended to
    12  read as follows:
    13    e. Credit for service as a member or officer of the state police or as
    14  a paid [fireman, policeman] firefighter, police officer  or  officer  of
    15  any organized fire department or police force or department of any coun-
    16  ty, city, village, town, fire district or police district, or as a crim-
    17  inal  investigator  in  the office of a district attorney, provided that
    18  service as such investigator shall have been rendered prior  to  January
    19  first,  nineteen hundred sixty and that credit therefor shall not exceed
    20  five years, shall also be deemed to be creditable service and  shall  be
    21  included  in computing years of total service for retirement pursuant to
    22  this section, provided such service was performed by  the  member  while
    23  contributing to the retirement system pursuant to the provisions of this
    24  article or article eight of this chapter.
    25    §  135.  Subdivision  e  of  section 89-k of the retirement and social
    26  security law, as added by chapter 433 of the laws of 1990, is amended to
    27  read as follows:
    28    e. Credit for service as a member or officer of the state police or as
    29  a paid [fireman, policeman] firefighter, police officer  or  officer  of
    30  any organized fire department or police force or department of any coun-
    31  ty, city, village, town, fire district or police district, or as a crim-
    32  inal  investigator  in  the office of a district attorney, provided that
    33  service as such investigator shall have been rendered prior  to  January
    34  first,  nineteen hundred sixty and that credit therefor shall not exceed
    35  five years, shall also be deemed to be creditable service and  shall  be
    36  included  in computing years of total service for retirement pursuant to
    37  this section, provided such service was performed by  the  member  while
    38  contributing to the retirement system pursuant to the provisions of this
    39  article or article eight of this chapter.
    40    §  136.  Subdivision  e  of  section 89-l of the retirement and social
    41  security law, as added by chapter 389 of the laws of 1989, is amended to
    42  read as follows:
    43    e. Credit for service as a member or officer of the state police or as
    44  a paid [fireman, policeman] firefighter, police officer  or  officer  of
    45  any organized fire department or police force or department of any coun-
    46  ty, city, village, town, fire district or police district, or as a crim-
    47  inal  investigator  in  the office of a district attorney, provided that
    48  service as such investigator shall have been rendered prior  to  January
    49  first,  nineteen hundred sixty and that credit therefor shall not exceed
    50  five years, shall also be deemed to be creditable service and  shall  be
    51  included  in computing years of total service for retirement pursuant to
    52  this section, provided such service was performed by  the  member  while
    53  contributing to the retirement system pursuant to the provisions of this
    54  article or article eight of this chapter.

        A. 8321--C                         71
 
     1    §  137.  Subdivision  e  of  section 89-m of the retirement and social
     2  security law, as added by chapter 646 of the laws of 1990, is amended to
     3  read as follows:
     4    e. Credit for service as a member or officer of the state police or as
     5  a  paid  [firemen,  policeman] firefighter, police officer or officer of
     6  any organized fire department or police force or department of any coun-
     7  ty, city, village, town, fire district or police district, or as a crim-
     8  inal investigator in the office of a district  attorney,  provided  that
     9  service  as  such investigator shall have been rendered prior to January
    10  first, nineteen hundred sixty and that credit therefor shall not  exceed
    11  five  years,  shall also be deemed to be creditable service and shall be
    12  included in computing years of total service for retirement pursuant  to
    13  this  section,  provided  such service was performed by the member while
    14  contributing to the retirement system pursuant to the provisions of this
    15  article or article eight of this chapter.
    16    § 138. Subdivision e of section 89-n  of  the  retirement  and  social
    17  security law, as added by chapter 597 of the laws of 1991, is amended to
    18  read as follows:
    19    e. Credit for service as a member or officer of the state police or as
    20  a  paid  [fireman,  policeman] firefighter, police officer or officer of
    21  any organized fire department or police force or department of any coun-
    22  ty, city, village, town, fire district or police district, or as a crim-
    23  inal investigator in the office of a district  attorney,  provided  that
    24  service  as  such investigator shall have been rendered prior to January
    25  first, nineteen hundred sixty and that credit therefor shall not  exceed
    26  five  years,  shall also be deemed to be creditable service and shall be
    27  included in computing years of total service for retirement pursuant  to
    28  this  section,  provided  such service was performed by the member while
    29  contributing to the retirement system pursuant to the provisions of this
    30  article or article eight of this chapter.
    31    § 139. Subdivision e of section 89-o  of  the  retirement  and  social
    32  security law, as added by chapter 647 of the laws of 1993, is amended to
    33  read as follows:
    34    e. Credit for service as a member or officer of the state police or as
    35  a  paid  [fireman,  policeman] firefighter, police officer or officer of
    36  any organized fire department or police force or department of any coun-
    37  ty, city, village, town, fire district or police district, or as a crim-
    38  inal investigator in the office of a district  attorney,  provided  that
    39  service  as  such investigator shall have been rendered prior to January
    40  first, nineteen hundred sixty and that credit therefor shall not  exceed
    41  five  years,  shall also be deemed to be creditable service and shall be
    42  included in computing years of total service for retirement pursuant  to
    43  this  section,  provided  such service was performed by the member while
    44  contributing to the retirement system pursuant to the provisions of this
    45  article or article eight of this chapter.
    46    § 140. Subdivision e of section 89-p  of  the  retirement  and  social
    47  security law, as added by chapter 725 of the laws of 1994, is amended to
    48  read as follows:
    49    e. Credit for service as a member or officer of the state police or as
    50  a  paid  [fireman,  policeman] firefighter, police officer or officer of
    51  any organized fire department or police force or department of any coun-
    52  ty, city, village, town, fire district or police district, or as a crim-
    53  inal investigator in the office of a district  attorney,  provided  that
    54  service  as  such investigator shall have been rendered prior to January
    55  first, nineteen hundred sixty and that credit therefor shall not  exceed
    56  five  years,  shall also be deemed to be creditable service and shall be

        A. 8321--C                         72
 
     1  included in computing years of total service for retirement pursuant  to
     2  this  section,  provided  such service was performed by the member while
     3  contributing to the retirement system pursuant to the provisions of this
     4  article or article eight of this chapter.
     5    §  141.  Subdivision  e  of  section 89-q of the retirement and social
     6  security law, as added by chapter 158 of the laws of 1995, is amended to
     7  read as follows:
     8    e. Credit for service as a member or officer of the state police or as
     9  a paid [fireman, policeman] firefighter, police officer  or  officer  of
    10  any organized fire department or police force or department of any coun-
    11  ty, city, village, town, fire district or police district, shall also be
    12  deemed to be creditable service and shall be included in computing years
    13  of  total service for retirement pursuant to this section, provided such
    14  service was performed by the member while contributing to the retirement
    15  system pursuant to the provisions of this article or  article  eight  of
    16  this chapter.
    17    §  142.  Subdivision  e  of  section 89-r of the retirement and social
    18  security law, as added by chapter 605 of the laws of 1996, is amended to
    19  read as follows:
    20    e. Credit for service as a member or officer of the state police or as
    21  a paid [fireman, policeman] firefighter, police officer  or  officer  of
    22  any organized fire department or police force or department of any coun-
    23  ty, city, village, town, fire district or police district, or as a crim-
    24  inal  investigator  in  the office of a district attorney, provided that
    25  service as such investigator shall have been rendered prior  to  January
    26  first,  nineteen hundred sixty and that credit therefor shall not exceed
    27  five years, shall also be deemed to be creditable service and  shall  be
    28  included  in computing years of total service for retirement pursuant to
    29  this section, provided such service was performed by  the  member  while
    30  contributing to the retirement system pursuant to the provisions of this
    31  article or article eight of this chapter.
    32    §  143.  Subdivision  e  of  section 89-s of the retirement and social
    33  security law, as added by chapter 588 of the laws of 1997, is amended to
    34  read as follows:
    35    e. Credit for service as a member or officer of the state police or as
    36  a paid [fireman, policeman] firefighter, police officer  or  officer  of
    37  any organized fire department or police force or department of any coun-
    38  ty, city, village, town, fire district or police district, or as a crim-
    39  inal  investigator  in  the office of a district attorney, shall also be
    40  deemed to be creditable service and shall be included in computing years
    41  of total service for retirement pursuant to this section.
    42    § 144. Subdivision e of section 89-s  of  the  retirement  and  social
    43  security  law, as amended by chapter 578 of the laws of 1998, is amended
    44  to read as follows:
    45    e. Credit for service as a member or officer of the state police or as
    46  a paid [fireman, policeman] firefighter, police officer  or  officer  of
    47  any organized fire department or police force or department of any coun-
    48  ty, city, village, town, fire district or police district, or as a crim-
    49  inal  investigator  in  the office of a district attorney, shall also be
    50  deemed to be creditable service and shall be included in computing years
    51  of total service for retirement pursuant to this section.
    52    § 145. Subdivision e of section 89-s  of  the  retirement  and  social
    53  security law, as added by chapter 595 of the laws of 1997, is amended to
    54  read as follows:
    55    e. Credit for service as a member or officer of the state police or as
    56  a  paid  [fireman,  policeman] firefighter, police officer or officer of

        A. 8321--C                         73
 
     1  any organized fire department or police force or department of any coun-
     2  ty, city, village, town, fire district or police district, or as a crim-
     3  inal investigator in the office of a district attorney,  shall  also  be
     4  deemed to be creditable service and shall be included in computing years
     5  of total service for retirement pursuant to this section.
     6    §  146.  Subdivision  e  of  section 89-t of the retirement and social
     7  security law, as added by chapter 603 of the laws of 1998, is amended to
     8  read as follows:
     9    e. Credit for service as a member or officer of the state police or as
    10  a paid [fireman, policeman] firefighter, police officer  or  officer  of
    11  any organized fire department or police force or department of any coun-
    12  ty, city, village, town, fire district or police district, or as a crim-
    13  inal  investigator  in  the  office  of  a  district  attorney,  or as a
    14  probation assistant in a county  probation  department,  shall  also  be
    15  deemed to be creditable service and shall be included in computing years
    16  of total service for retirement pursuant to this section.
    17    §  147. Paragraph 1 of subdivision a of section 89-t of the retirement
    18  and social security law, as added by chapter 657 of the laws of 1998, is
    19  amended to read as follows:
    20    1. "Qualifying member" shall mean any member who is in  service  as  a
    21  safety  officer under the jurisdiction of the office of mental health or
    22  the office [of mental retardation and]  for  people  with  developmental
    23  disabilities,  an institutional safety officer, or a special [policeman]
    24  police officer designated by the director of a state hospital.
    25    § 148. Subdivision e of section 89-v  of  the  retirement  and  social
    26  security law, as added by chapter 472 of the laws of 2001, is amended to
    27  read as follows:
    28    e. Credit for service as a member or officer of the state police or as
    29  a  paid  [fireman,  policeman] firefighter, police officer or officer of
    30  any organized fire department or police force or department of any coun-
    31  ty, city, village, town, fire district or police district, shall also be
    32  deemed to be creditable service and shall be included in computing years
    33  of total service for retirement pursuant to this section  provided  such
    34  services  are performed by the member while contributing to the New York
    35  state and local police  and  fire  retirement  system  pursuant  to  the
    36  provisions of this article or article eight of this chapter.
    37    §  149.  Subdivision  e  of  section 89-v of the retirement and social
    38  security law, as added by chapter 556 of the laws of 2001, is amended to
    39  read as follows:
    40    e. Credit for service as a member or officer of the state police or as
    41  a paid [fireman, policeman] firefighter, police officer  or  officer  of
    42  any organized fire department or police force or department of any coun-
    43  ty, city, village, town, fire district or police district, or as a crim-
    44  inal  investigator  in  the office of a district attorney, provided that
    45  service as such investigator shall have been rendered prior  to  January
    46  first,  nineteen hundred sixty and that credit therefor shall not exceed
    47  five years, shall also be deemed to be creditable service and  shall  be
    48  included  in computing years of total service for retirement pursuant to
    49  this section, provided such service was performed by  the  member  while
    50  contributing to the retirement system pursuant to the provisions of this
    51  article or article eight of this chapter.
    52    §  150.  Subdivision  e  of  section 89-w of the retirement and social
    53  security law, as added by chapter 295 of the laws of 2007, is amended to
    54  read as follows:
    55    e. Credit for service as a member or officer of the state police or as
    56  a paid [fireman, policeman] firefighter, police officer  or  officer  of

        A. 8321--C                         74
 
     1  any organized fire department or police force or department of any coun-
     2  ty, city, village, town, fire district or police district, or as a crim-
     3  inal  investigator  in  the  office of a district attorney shall also be
     4  deemed to be creditable service and shall be included in computing years
     5  of total service for retirement pursuant to this section.
     6    §  151.  Paragraphs  a,  b, and d of subdivision 1, subdivision 2, and
     7  paragraph a of subdivision 10 of section 138-a  of  the  retirement  and
     8  social  security law, paragraph a of subdivision 1 as amended by chapter
     9  1049 of the laws of 1957, paragraph b of subdivision 1 and subdivision 2
    10  as added by chapter 776 of the laws of 1957, paragraph d of  subdivision
    11  1  as amended by chapter 1184 of the laws of 1971, paragraph c of subdi-
    12  vision 2 as amended by chapter 73 of the laws of 1958, and  paragraph  a
    13  of  subdivision  10  as  amended by chapter 397 of the laws of 1958, are
    14  amended to read as follows:
    15    a. One referendum among all eligible employees of the state (exclusive
    16  of those in [policemen's or firemen's]  police  officer  or  firefighter
    17  positions)  who  are members of the New York state employees' retirement
    18  system, a second referendum among all eligible  employees  of  political
    19  subdivisions  of  the state (exclusive of those in [policemen's or fire-
    20  men's] police officer or firefighter positions) who are members of  such
    21  retirement  system, which subdivisions elected to provide seven calendar
    22  quarters of retroactive coverage for such employees pursuant to subdivi-
    23  sion seven of this  section,  a  third  referendum  among  all  eligible
    24  employees  of political subdivisions of the state (exclusive of those in
    25  [policemen's or firemen's] police officer or firefighter positions)  who
    26  are  members  of  such  retirement system, which subdivisions elected to
    27  provide six calendar quarters of retroactive coverage for such employees
    28  pursuant to subdivision seven of this section, a fourth referendum among
    29  all eligible employees of political subdivisions of the state (exclusive
    30  of those in [policemen's or firemen's]  police  officer  or  firefighter
    31  positions) who are members of such retirement system, which subdivisions
    32  elected  to  provide  four calendar quarters of retroactive coverage for
    33  such employees pursuant to subdivision seven  of  this  section,  and  a
    34  fifth referendum among all eligible employees of the remaining political
    35  subdivisions  of  the state (exclusive of those in [policemen's or fire-
    36  men's] police officer or firefighter positions) who are members of  such
    37  retirement  system,  on  the  question  of  whether service in positions
    38  (exclusive of [policemen's or firemen's] police officer  or  firefighter
    39  positions) in the employ of the state or of such political subdivisions,
    40  as  the case may be, and covered by such system also shall be covered by
    41  old-age and survivors insurance.
    42    b. Separate referenda among eligible employees of the state (exclusive
    43  of those in [policemen's or firemen's]  police  officer  or  firefighter
    44  positions)  whose  positions are covered by a separate retirement system
    45  or plan maintained by the state, other than the New York state and local
    46  employees' retirement system or the New York state teachers'  retirement
    47  system,  and  who are members of such system or plan, on the question of
    48  whether service in positions (exclusive of  [policemen's  or  firemen's]
    49  police  officer or firefighter positions) covered by such system or plan
    50  also shall be covered by old-age and survivors insurance.
    51    d. Separate referenda  among  eligible  employees  of  each  political
    52  subdivision  (exclusive  of  those  in [policemen's or firemen's] police
    53  officer or firefighter positions) who are members of a retirement system
    54  or plan maintained by such political subdivision other than a retirement
    55  system relating to retirement benefits under the Canada pension plan, on
    56  the question of whether service in positions in the employ of such poli-

        A. 8321--C                         75
 
     1  tical subdivision and covered by such  system  or  plan  also  shall  be
     2  covered  by old-age and survivors insurance.  The modification providing
     3  old-age and survivors insurance  coverage  pursuant  to  such  referenda
     4  shall  provide such retroactive coverage, if any, and shall exclude from
     5  old-age and survivors insurance coverage such classes of  employment  as
     6  authorized  by  paragraph  b  of  subdivision two of section one hundred
     7  thirty-six of this article, if any, as the governing body of such  poli-
     8  tical  subdivision  shall  determine, consistent with the federal social
     9  security act. Such determination shall be made within a reasonable peri-
    10  od of time fixed by the director and indicated in  a  certificate  filed
    11  with the director.
    12    2.  In the event the federal social security act is amended to author-
    13  ize the extension of old-age and survivors insurance coverage to service
    14  performed in this state in [policemen's or firemen's] police officer  or
    15  firefighter  positions,  the  governor  or  the  state agency or officer
    16  designated by him or her shall, as soon as practicable after the  enact-
    17  ment  of such amendment and in accordance with the applicable provisions
    18  of such federal act and subdivision thirteen of  this  section,  to  the
    19  extent  then  applicable,  shall take such action as may be necessary to
    20  extend old-age and  survivors  insurance  coverage  to  such  positions,
    21  including, to the extent applicable, referenda as follows:
    22    a. One referendum among all eligible employees of the state serving in
    23  [policemen's  or  firemen's] police officer or firefighter positions who
    24  are members of the  New  York  state  and  local  employees'  retirement
    25  system.
    26    b.  A  separate  referendum  among all eligible employees of the state
    27  serving in [policemen's or  firemen's]  police  officer  or  firefighter
    28  positions  whose  positions  are  covered by a retirement system or plan
    29  maintained by the state other than the New York state and local  employ-
    30  ees' retirement system, and who are members of such system or plan.
    31    c.  One  referendum among all eligible employees of political subdivi-
    32  sions of the state serving in [policemen's or firemen's] police  officer
    33  or firefighter positions who are members of the New York state and local
    34  employees'  retirement  system,  which political subdivisions elected to
    35  provide retroactive coverage  to  or  about  March  sixteenth,  nineteen
    36  hundred  fifty-six,  to  such employees pursuant to subdivision seven of
    37  this section, a second referendum among all eligible employees of  poli-
    38  tical  subdivisions  of  the state serving in [policemen's or firemen's]
    39  police officer or firefighter positions who are members of such  retire-
    40  ment  system, which subdivisions elected to provide retroactive coverage
    41  to or about June sixteenth, nineteen hundred fifty-six, to such  employ-
    42  ees  pursuant  to  subdivision seven of this section, a third referendum
    43  among all eligible employees of  political  subdivisions  of  the  state
    44  serving  in  [policemen's  or  firemen's]  police officer or firefighter
    45  positions who are members of such  retirement  system,  which  political
    46  subdivisions  elected to provide retroactive coverage to or about Decem-
    47  ber sixteenth, nineteen hundred fifty-six, to such employees pursuant to
    48  subdivision seven of this section, and a  fourth  referendum  among  all
    49  eligible  employees of the remaining political subdivisions of the state
    50  serving in [policemen's or  firemen's]  police  officer  or  firefighter
    51  positions who are members of such system, which eligible employees shall
    52  have  retroactive  coverage  to  or  about  December sixteenth, nineteen
    53  hundred fifty-seven.
    54    d. Separate referenda  among  eligible  employees  of  each  political
    55  subdivision  serving  in  [policemen's  or  firemen's] police officer or
    56  firefighter positions whose positions are covered by a separate  retire-

        A. 8321--C                         76
 
     1  ment system or plan maintained by such political subdivision and who are
     2  members  of  such  system or plan.  Each such referendum shall be on the
     3  question of whether service in the  [policemen's  or  firemen's]  police
     4  officer  or firefighter positions affected thereby also shall be covered
     5  by old-age and survivors insurance.
     6    a. In the event that the referenda among eligible employees  of  poli-
     7  tical  subdivisions  of the state (exclusive of those in [policemen's or
     8  firemen's] police officer or firefighter positions) who are  members  of
     9  the  New  York  state  and  local employees' retirement system favor the
    10  extension of old-age and survivors insurance  coverage  to  their  posi-
    11  tions,  all positions in the employ of each political subdivision of the
    12  state, except those covered by a retirement system or plan of the  state
    13  or  the  political  subdivision  and subject to separate referenda here-
    14  under, and except those excluded from coverage pursuant to  paragraph  b
    15  of  subdivision  two  of section one hundred thirty-six of this article,
    16  also shall be covered by old-age and survivors insurance at or about the
    17  same time that the director modifies  the  agreement  with  the  federal
    18  secretary to effectuate the result of such referenda as to the political
    19  subdivisions  affected thereby. Each political subdivision to which old-
    20  age and survivors insurance is extended  pursuant  to  this  subdivision
    21  shall  have  the option, within a reasonable period of time fixed by the
    22  director, to file a certificate with the director fixing  the  effective
    23  date  of  its  coverage (which may include retroactive coverage for such
    24  period as its governing body shall  determine  subject  to  the  federal
    25  social security act and which effective date shall be not later than its
    26  last  payroll date in December nineteen hundred fifty-seven) and exclud-
    27  ing from coverage classes of employment as authorized by paragraph b  of
    28  subdivision two of section one hundred thirty-six of this article.
    29    §  152.  Subdivisions  4  and  6  of section 152 of the retirement and
    30  social security law, as added by chapter 796 of the laws  of  1986,  are
    31  amended to read as follows:
    32    4.  "Head  of the retirement system" shall mean the state comptroller,
    33  with respect to the New  York  state  and  local  employees'  retirement
    34  system  and  the  New  York  state [policemen's and firemen's] and local
    35  police and fire retirement system, and the retirement board of the other
    36  public retirement systems of the state.
    37    6. "Public retirement system of the state" shall  mean  the  New  York
    38  state  and  local  employees' retirement system, New York state [police-
    39  men's and firemen's] and local police and fire  retirement  system,  New
    40  York state teachers' retirement system, New York city employees' retire-
    41  ment  system,  New  York city teachers' retirement system, New York city
    42  police pension fund, New York city fire department pension fund and  the
    43  New York city board of education retirement system.
    44    § 153. Subdivision 3 of section 162 of the retirement and social secu-
    45  rity  law,  as amended by chapter 832 of the laws of 1964, is amended to
    46  read as follows:
    47    3. The monthly supplemental pensions paid to local  retired  employees
    48  shall not exceed the monthly supplemental pensions paid to state retired
    49  employees  pursuant  to  this article. The monthly supplemental pensions
    50  paid to local retired teachers shall not exceed the monthly supplemental
    51  pensions paid to state retired teachers pursuant to  this  article.  The
    52  total of all the annual retirement allowances or pension payments to the
    53  widow or widower, dependent children and dependent parents of a deceased
    54  member  or  deceased  retired  member of the uniformed force of a police
    55  department or a fire department shall not be increased by more  than  an
    56  amount which, when added to all annual retirement allowances and pension

        A. 8321--C                         77
 
     1  payments being made to all of such beneficiaries, and the annual retire-
     2  ment  allowances  or pension payments which could have been made to them
     3  in lieu of any lump sum settlement that was made instead, on account  of
     4  the  death  of  any  such [policeman or fireman] police officer or fire-
     5  fighter, by such county, city, town or village, or by  a  retirement  or
     6  pension  system  or plan on behalf of the county, city, town or village,
     7  shall not exceed a total of twelve hundred dollars per annum.
     8    § 154. Subdivision 1 of section 176 of the retirement and social secu-
     9  rity law, as amended by chapter 473 of the laws of 1967, is  amended  to
    10  read as follows:
    11    1.  The  term  "fund",  as used in this article four-a, shall mean any
    12  public retirement system or pension  fund  which  grants  retirement  or
    13  pension  benefits to employees of the city of New York, employees of the
    14  state of New York, employees of any department or agency of the city  of
    15  New  York or the state of New York, and employees of any municipality or
    16  other participating employer participating in the  New  York  state  and
    17  local  employees'  retirement  system or the New York state [policemen's
    18  and firemen's] and local police and fire retirement system.
    19    § 155. Subdivision a of section 185 of the retirement and social secu-
    20  rity law, as added by chapter 581 of the laws of  1970,  is  amended  to
    21  read as follows:
    22    a.  The term "fund" shall mean any public retirement system or pension
    23  fund which grants retirement or pension benefits  to  employees  of  the
    24  city  of  New York, employees of the state of New York, employees of any
    25  department or agency of the city of New York or  of  the  state  of  New
    26  York,  employees  of  any  municipality  or other participating employer
    27  participating in the New York  state  and  local  employees'  retirement
    28  system  or  the  New  York  state  [policemen's and firemen's] and local
    29  police and fire retirement system, and  employees  of  school  districts
    30  participating in the New York state teachers' retirement system.
    31    §  156.  The article heading of article 8 of the retirement and social
    32  security law, as added by chapter 1000 of the laws of 1966,  is  amended
    33  to read as follows:
    34        NEW YORK STATE [POLICEMEN'S AND FIREMEN'S] AND LOCAL POLICE AND
    35                           FIRE RETIREMENT SYSTEM
    36    § 157. Section 290 of the retirement and social security law, as added
    37  by chapter 1000 of the laws of 1966, is amended to read as follows:
    38    §  290. Short title of article. This article shall be known and may be
    39  cited as the "[Policemen's and Firemen's]  Police  and  Fire  Retirement
    40  System Act."
    41    § 158. Section 292 of the retirement and social security law, as added
    42  by chapter 1000 of the laws of 1966, is amended to read as follows:
    43    § 292. Legislative intent. It is the intent of the legislature, by the
    44  enactment of this article, to establish a separate retirement system for
    45  [policemen and firemen] police officers and firefighters and to transfer
    46  thereto  all  [policemen  and  firemen] police officers and firefighters
    47  who, on the effective date of such article, are members of the New  York
    48  state  and local employees' retirement system, and all other persons who
    49  are members of such system and contributing pursuant to  the  provisions
    50  of  sections  eighty-one  [to]  through eighty-seven, inclusive, of this
    51  chapter, immediately prior  to  the  effective  date  of  this  article,
    52  together  with such rights, benefits, privileges, obligations and duties
    53  enjoyed by or applicable to such [policemen, firemen]  police  officers,
    54  firefighters  and  other persons as members of the employees' retirement
    55  system.

        A. 8321--C                         78
 
     1    § 159. Subdivision b of section 293 of the retirement and social secu-
     2  rity law, as added by chapter 1000 of the laws of 1966  and  as  further
     3  amended  by  section 104 of part A of chapter 62 of the laws of 2011, is
     4  amended to read as follows:
     5    b.  After  the  annual  valuation of the assets and liabilities of the
     6  funds of the employees' retirement system required by subdivision  d  of
     7  section  eleven of this chapter and on the basis of the actuarial infor-
     8  mation available to him or her on March thirty-first,  nineteen  hundred
     9  sixty-seven,  the  comptroller  shall  determine the total amount of the
    10  assets and liabilities of  the  employees'  retirement  system  and  the
    11  percentage  of  such assets and the amount of such liabilities attribut-
    12  able to [policemen and firemen] police officers and firefighters and all
    13  other persons transferred. After such determination, and subject to  the
    14  approval  of  the  superintendent of financial services, the comptroller
    15  shall transfer such percentage of the total assets  and  the  amount  of
    16  such  liabilities  of the employees' retirement system to the retirement
    17  system established by  this  article.  Each  category  of  such  assets,
    18  including but not limited to such categories as government bonds, corpo-
    19  rate  bonds, common stocks, mortgages insured under the National Housing
    20  Act, conventional mortgages, etc.  so transferred, shall  constitute  as
    21  nearly  as possible the percentage of the total assets of the employees'
    22  retirement system which are  attributable  to  [policemen  and  firemen]
    23  police  officers  and  firefighters and other persons transferred deter-
    24  mined from the actuarial valuation as of  March  thirty-first,  nineteen
    25  hundred  sixty-seven.  The assets so transferred shall include a propor-
    26  tionate share  of  contributions  from  participating  employers  to  be
    27  received by the employees' retirement system after April first, nineteen
    28  hundred  sixty-seven,  based on valuations prior to that date. The comp-
    29  troller is hereby authorized and directed to invoice for and to  collect
    30  such  contributions  for  the  employees'  retirement system in the same
    31  manner and to the same extent as  if  the  members  transferred  to  the
    32  system  established  by  this  article  had  continued as members of the
    33  employees' retirement system.
    34    § 160. The section heading and subdivision a of  section  294  of  the
    35  retirement and social security law, as added by chapter 1000 of the laws
    36  of 1966, are amended to read as follows:
    37    Transfer  of  retirement membership, contributions, reserves and other
    38  credits of [policemen and firemen] police officers and firefighters, and
    39  certain other persons.  a. The membership in the  employees'  retirement
    40  system  of  [policemen  and firemen] police officers and firefighters on
    41  the effective date of this article, and of all persons who  are  members
    42  of  such system on such date and contributing pursuant to the provisions
    43  of sections eighty-one [to] through  eighty-eight,  inclusive,  of  this
    44  chapter  as  in force and effect immediately prior to the effective date
    45  of this article, shall be transferred to the  retirement  system  estab-
    46  lished  by  this article on the effective date thereof. All such persons
    47  transferred  to  the  retirement  system  established  pursuant  to  the
    48  provisions  of this article shall be entitled to all prior service cred-
    49  its and member service credits and to all the rights, privileges,  immu-
    50  nities,  benefits,  refunds,  increases,  advances, insurance, pensions,
    51  annuities, retirement allowances, death benefits and options  and  shall
    52  be  subject  to  all obligations, dues, duties and requirements to which
    53  they were entitled or were subject, as the case may be, pursuant to  the
    54  provisions  of article two of this chapter.  Persons becoming members of
    55  the retirement system established by this article  subsequent  to  March
    56  thirty-first,  nineteen  hundred  sixty-seven,  and  who are entitled to

        A. 8321--C                         79
 
     1  credit for service rendered as a member  of  the  employees'  retirement
     2  system shall be entitled to the same credit for such service pursuant to
     3  this article.
     4    § 161. Subdivision a of section 295 of the retirement and social secu-
     5  rity  law,  as  added by chapter 1000 of the laws of 1966, is amended to
     6  read as follows:
     7    a. On the effective date of this article, all retired  [policemen  and
     8  firemen]  police  officers  and firefighters, and other persons who have
     9  retired pursuant to the provisions of sections eighty-one  [to]  through
    10  eighty-eight,  inclusive,  of this chapter, as in force and effect imme-
    11  diately prior to the effective date of this article, and their benefici-
    12  aries shall be transferred and  become  a  charge  upon  the  retirement
    13  system  established  by  this article and shall thereafter receive their
    14  retirement allowances from such system.
    15    § 162. Section 296 of the retirement and social security law, as added
    16  by chapter 1000 of the laws of 1966, is amended to read as follows:
    17    § 296. Continuation of certain tables and rates.  All  tables,  sched-
    18  ules, rates (including but not limited to regular and special deficiency
    19  rates),  regular  and  special  deficiency  periods, and other actuarial
    20  tables, rates and procedures  in  effect  and  used  by  the  employees'
    21  retirement  system  for  or  in connection with any of its activities or
    22  operations with respect to the membership  of  [policemen  and  firemen]
    23  police  officers  and  firefighters  and persons who are members of such
    24  system pursuant to sections eighty-one [to] through eighty-eight, inclu-
    25  sive, shall continue to be used in the same  manner  by  the  retirement
    26  system  established  by  this article, and shall remain in effect unless
    27  and until duly modified or rescinded by the provisions of this article.
    28    § 163. Section 297 of the retirement and social security law, as added
    29  by chapter 1000 of the laws of 1966, is amended to read as follows:
    30    § 297. Transfer of records and documents. Records and documents of the
    31  employees' retirement system relating to [policemen and firemen]  police
    32  officers  and  firefighters  and  other  persons who are members of such
    33  system pursuant to sections eighty-one to eighty-eight, inclusive, shall
    34  be transferred to the retirement system established by this article.
    35    § 164. Subdivisions 7 and 8, subparagraph 3 of paragraph c of subdivi-
    36  sion 9, paragraph g of subdivision 11, subdivision 20,  paragraph  b  of
    37  subdivision 26, subdivision 28, paragraph c of subdivision 29, paragraph
    38  b  of subdivision 29-a, subparagraph c of paragraph 1 of subdivision 31,
    39  and subdivision 34 of section 302 of the retirement and social  security
    40  law,  subdivisions  7, 8, 20, 28, 34, paragraph c of subdivision 29, and
    41  paragraph  b of subdivision 29-a as added by chapter 1000 of the laws of
    42  1966, subparagraph 3 of paragraph c of subdivision 9 as amended by chap-
    43  ter 950 of the laws of 1970, paragraph g of subdivision 11 as  added  by
    44  chapter  228 of the laws of 1996, paragraph b of subdivision 26 as added
    45  by chapter 423 of the laws of 1968 and relettered by chapter 178 of  the
    46  laws  of  1986,  and  subparagraph c of paragraph 1 of subdivision 31 as
    47  amended by chapter 616 of the laws of  1995,  are  amended  to  read  as
    48  follows:
    49    7.  "Department."  Any agency of an employer or any unit of government
    50  employing persons who are or may be entitled to become  members  of  the
    51  [policemen's and firemen's] police and fire retirement system.
    52    8. "Employer." The state, a participating employer, and any other unit
    53  of government or organization obligated or agreeing, under this article,
    54  to make contributions to the retirement system on behalf of its [police-
    55  men and firemen] police officers and firefighters.

        A. 8321--C                         80
 
     1    (3)  Upon  the  town's subsequently becoming a participating employer,
     2  has paid contributions to the [policemen's  and  firemen's]  police  and
     3  fire  retirement system with respect to salary received for prior county
     4  services, such term shall mean, at the option of such member, his or her
     5  average  annual  compensation, including such fees and salary, earned by
     6  him or her during any three consecutive years of service with such muni-
     7  cipality selected by the applicant prior to  the  date  of  his  or  her
     8  retirement.
     9    g.  Service  as  a  fire  chief-airport,  firefighter-airport, or fire
    10  captain-airport, with the county of Monroe. Such persons shall be deemed
    11  [firemen] firefighters and members of an organized fire  department  for
    12  all purposes under this chapter.
    13    20.  "Participating  employer."  Any municipality participating in the
    14  [policemen's and firemen's] police and fire retirement system.
    15    b. However, for purposes of crediting interest to individual  accounts
    16  in  the  annuity  savings fund, such term shall mean four per centum per
    17  annum, compounded annually, in  the  case  of  [policemen  and  firemen]
    18  police officers and firefighters who last became members of the New York
    19  state  and  local employees' retirement system on or before June thirti-
    20  eth, nineteen hundred forty-three and who have  continuously  thereafter
    21  been  members  of  either such system or the [policemen's and firemen's]
    22  police and fire retirement system and shall mean three  per  centum  per
    23  annum,  compounded  annually,  in  the  case of all other [policemen and
    24  firemen] police officers and firefighters.
    25    28. "Retirement system." The New York  state  [policemen's  and  fire-
    26  men's]  and  local  police  and  fire  retirement system provided for in
    27  section three hundred ten of this article.
    28    c. Was a member of the New York state and local employees'  retirement
    29  system  and  an  employee of the state or of a participating employer of
    30  such system at the time he or she entered such armed forces  or  was  an
    31  employee  of  an  employer which was not a participating employer at the
    32  time he or she entered such armed forces but which elected to  become  a
    33  participating  employer  of  such  system  while he or she was absent on
    34  military duty, or was an employee of the state  or  of  a  participating
    35  employer  or was a teacher as defined in article eleven of the education
    36  law at the time of his or her entrance into the armed forces and  became
    37  a  member  of the [policemen's and firemen's] police and fire retirement
    38  system subsequent to separation or discharge from  the  armed  services,
    39  and
    40    b.  Was a member of the New York state and local employees' retirement
    41  system and an employee of the state or of a  participating  employer  of
    42  such  system  at  the time he or she entered such armed forces or was an
    43  employee of an employer which was not a participating  employer  at  the
    44  time  he  or she entered such armed forces but which elected to become a
    45  participating employer while he or she was absent on military  duty,  or
    46  was  an  employee  of  the state or of a participating employer or was a
    47  teacher as defined in article eleven of the education law at the time of
    48  his or her entrance into the armed forces and became  a  member  of  the
    49  [policemen's and firemen's] police and fire retirement system subsequent
    50  to separation or discharge from the armed services, and
    51    c.  Was  either  a  member  of the New York state and local employees'
    52  retirement system and an employee of the state  or  of  a  participating
    53  employer  of such system at the time he or she entered such armed forces
    54  or became such employee and such member while in such armed forces on or
    55  before July first, nineteen hundred forty-eight, or became such employee
    56  while in such armed forces and subsequently became  such  member  on  or

        A. 8321--C                         81
 
     1  before  July  first, nineteen hundred forty-eight, or was an employee of
     2  an employer which was not a participating employer at the time he or she
     3  entered such armed forces but which elected to  become  a  participating
     4  employer while he or she was absent on military duty, or was an employee
     5  of  the state or of a participating employer or was a teacher as defined
     6  in article eleven of the education  law  at  the  time  of  his  or  her
     7  entrance  into  the armed forces and became a member of the [policemen's
     8  and firemen's] police and fire retirement  system  subsequent  to  sepa-
     9  ration or discharge from the armed services, and
    10    34. "Total service." All police and fire service while a member of the
    11  [policemen's  and  firemen's]  police  and  fire  retirement system, all
    12  service for which a member has received credit under a retirement system
    13  maintained by the state prior to becoming a member of  the  [policemen's
    14  and  firemen's]  police  and  fire  retirement system, all prior service
    15  certified on a valid prior service certificate, and all service  in  war
    16  after world war I certified on a valid military service certificate. For
    17  the  purposes of this article, a valid certificate heretofore issued for
    18  service in world war II shall be deemed a certificate for service in war
    19  after world war I.
    20    § 165. Section 311 of the retirement and social security law, as added
    21  by chapter 1000 of the laws of 1966, subdivisions b and c as amended  by
    22  chapter  423  of  the  laws of 1968, and paragraph 4 of subdivision b as
    23  added by chapter 178 of the laws of 1986, is amended to read as follows:
    24    § 311. Duties of comptroller; the actuary. a. The comptroller shall be
    25  the administrative head of the [policemen's and  firemen's]  police  and
    26  fire  retirement system.  Subject to the limitations of this article and
    27  of law, he or she shall adopt and may amend, from time  to  time,  rules
    28  and  regulations  for the administration and transaction of the business
    29  of the [policemen's and firemen's] police and fire retirement system and
    30  for the custody and control of its funds. The comptroller shall:
    31    1. Maintain all necessary accounting records, and
    32    2. Keep in convenient form such data as shall  be  necessary  for  the
    33  actuarial  valuation  of the various funds of the [policemen's and fire-
    34  men's] police and fire retirement system, and
    35    3. Establish funds, in addition to those provided for by this article,
    36  which in his or her judgment are necessary or required  for  the  proper
    37  fiscal  management  of  the  [policemen's and firemen's] police and fire
    38  retirement system, and
    39    4. Perform such other functions as are required for the  execution  of
    40  the provisions of this article.
    41    b.  The  comptroller  shall  engage the services of an actuary and may
    42  employ such other necessary technical and administrative  assistance  as
    43  he  or  she may require.  For the purpose of determining upon the proper
    44  tables to be prepared and submitted to the comptroller for adoption, the
    45  actuary, from time to time, but at least once in each five years,  shall
    46  make such investigation of the mortality, service and compensation expe-
    47  rience  of the members as the comptroller may authorize. On the basis of
    48  such investigation and upon the  recommendations  of  the  actuary,  the
    49  comptroller shall:
    50    1.  Adopt  for the [policemen's and firemen's] police and fire retire-
    51  ment system such mortality and other tables as shall  be  deemed  neces-
    52  sary, and
    53    2.  Certify the rates of deduction, if any, from compensation computed
    54  to be necessary to pay the annuities authorized under the provisions  of
    55  this article.

        A. 8321--C                         82
 
     1    3. From time to time, but at least once in each five years, promulgate
     2  a rate or rates of estimated future investment earnings.
     3    4.  From  time to time, but at least once in every five years, promul-
     4  gate a rate or rates of regular interest.
     5    c. On the basis of such aforesaid tables  and  an  estimated  rate  or
     6  rates of future investment earnings as the comptroller shall adopt:
     7    1.  The  actuary  shall  make  an  annual  valuation of the assets and
     8  liabilities of the funds of the [policemen's and firemen's]  police  and
     9  fire retirement system, and
    10    2.  The  comptroller  shall  certify  annually  the rates expressed as
    11  proportions of payroll of members, which shall be used in computing  the
    12  contributions  required  to  be made by employers to the pension accumu-
    13  lation fund.
    14    d. The comptroller shall make an annual report showing  the  valuation
    15  of the assets and liabilities of the funds of the [policemen's and fire-
    16  men's] police and fire retirement system, as certified by the actuary, a
    17  statement  of  receipts and disbursements and his or her recommendations
    18  in regard thereto.  Such report shall be published with and as a part of
    19  the annual report of the comptroller.
    20    e. Special interest, if any, shall be credited annually  in  the  same
    21  manner  as  regular  interest pursuant to subdivision i of section three
    22  hundred thirteen of this  article  to  the  individual  annuity  savings
    23  accounts of persons who are members as of the close of the fiscal year.
    24    f.  The  records  of  the  [policemen's and firemen's] police and fire
    25  retirement system shall be open to public inspection.
    26    g. The comptroller shall adopt and amend pursuant to this article only
    27  such rules and regulations as he or she determines to be  for  the  best
    28  interest of the retirement system and its members.
    29    § 166. Section 312 of the retirement and social security law, as added
    30  by chapter 1000 of the laws of 1966, is amended to read as follows:
    31    §  312. Statement of services.  a. It shall be the duty of the head of
    32  each department or agency of the state government  employing  [policemen
    33  and/or  firemen]  police  officers and/or firefighters, and of the chief
    34  fiscal officer of each participating employer, at  the  request  of  the
    35  comptroller,  to  submit  to  him  or  her a statement showing the name,
    36  title, compensation, duties, date of birth and length of service of each
    37  [policeman and/or fireman] police officer and/or firefighter:    (exclu-
    38  sive  of  members  of a local system), and such other information as the
    39  comptroller may require. If any such [policeman or fireman] police offi-
    40  cer or firefighter be principally engaged  upon  duties  differing  from
    41  those  specified  by  the  appropriate  civil service commission for the
    42  title held by him or her, such head of department or  agency,  or  chief
    43  fiscal  officer,  shall  certify  the  reasons therefor and the probable
    44  duration of the duties being so performed by such [policeman or fireman]
    45  police officer or firefighter.
    46    b. Each [policeman and fireman] police officer and  firefighter  shall
    47  be  subject  to  all the provisions of this article and to all the rules
    48  and regulations adopted by the comptroller.
    49    § 167. Section 313 of the retirement and social security law, as added
    50  by chapter 1000 of the laws of 1966, subdivision d as amended by chapter
    51  460 of the laws of 1971, paragraph 2 of  subdivision  f  as  amended  by
    52  chapter 908 of the laws of 1971, and subdivision i as amended by chapter
    53  1046 of the laws of 1973, is amended to read as follows:
    54    §  313.  Management  of  funds.   a. The funds of the [policemen's and
    55  firemen's] police and fire retirement system shall be managed in accord-
    56  ance with this section.

        A. 8321--C                         83
 
     1    b. The comptroller shall be  trustee  of  the  several  funds  of  the
     2  [policemen's  and  firemen's]  police  and  fire retirement system. Such
     3  funds shall be invested by the comptroller in securities in which he  or
     4  she  is  authorized by law to invest the funds of the state, except that
     5  he  or  she may invest in obligations consisting of notes, bonds, deben-
     6  tures or equipment trust certificates issued under an  indenture,  which
     7  are the direct obligations of, or in the case of equipment trust certif-
     8  icates  are  secured  by direct obligations of, a railroad or industrial
     9  corporation, or a corporation engaged  directly  and  primarily  in  the
    10  production,  transportation,  distribution,  or  sale of electricity, or
    11  gas, or the operation of telephone or telegraph systems  or  waterworks,
    12  or  in some combination of them; provided the obligor corporation is one
    13  which is incorporated under the laws of the United States, or any  state
    14  thereof,  or  of the District of Columbia, and said obligations shall be
    15  rated at the time of purchase within the three  highest  classifications
    16  established  by  at  least  two  standard rating services.   The maximum
    17  amount that the comptroller may invest in  such  obligations  shall  not
    18  exceed  thirty  per  centum of the assets of the New York state [police-
    19  men's and firemen's] police and  fire  retirement  system's  funds;  and
    20  provided  further  that not more than two and one-half per centum of the
    21  assets of the New York state [policemen's and firemen's] police and fire
    22  retirement system's funds shall be invested in the  obligations  of  any
    23  one  corporation of the highest classification and subsidiary or subsid-
    24  iaries thereof, that not more than two per centum of the assets  of  the
    25  New  York  state  [policemen's and firemen's] police and fire retirement
    26  system's funds shall be invested in the obligations of  any  one  corpo-
    27  ration  of  the  second highest classification and subsidiary or subsid-
    28  iaries thereof, that not more than one and one-half per  centum  of  the
    29  assets of the New York state [policemen's and firemen's] police and fire
    30  retirement  system's  funds  shall be invested in the obligations of any
    31  one corporation of the third highest classification  and  subsidiary  or
    32  subsidiaries  thereof.    He  or  she  shall, however, be subject to all
    33  terms, conditions, limitations and restrictions imposed by this  article
    34  and  by  law  upon the making of such investments. The comptroller shall
    35  have full power:
    36    1. To hold, purchase, sell, assign, transfer or dispose of any of  the
    37  securities or investments, in which any of the funds of the [policemen's
    38  and  firemen's]  police  and  fire  retirement system shall be invested,
    39  including the proceeds of such investments and any monies  belonging  to
    40  such funds, and
    41    2.  In his or her name as trustee, to foreclose mortgages upon default
    42  or to take title to real property in such proceedings  in  lieu  thereof
    43  and to lease and sell real property so acquired.
    44    c.  The  comptroller annually shall credit to each of the funds of the
    45  [policemen's and firemen's] police and fire  retirement  system  regular
    46  interest on the mean amount therein for the preceding year.
    47    d.  The custody of all funds of the [policemen's and firemen's] police
    48  and fire retirement system shall be in the charge of  the  head  of  the
    49  division  of  the  treasury  of  the department of taxation and finance,
    50  subject to the supervision and control of the commissioner  of  taxation
    51  and finance.
    52    e. Payment of all pensions, annuities and other benefits shall be made
    53  as  provided  in  this article. For the purpose of meeting disbursements
    54  for pensions, annuities and other payments ordered by  the  comptroller,
    55  the  head  of  such division may keep on deposit an available fund which
    56  shall not exceed ten per centum of the total amount of the several funds

        A. 8321--C                         84
 
     1  of the [policemen's and firemen's] police and  fire  retirement  system.
     2  Every  such deposit shall be kept only in a bank or trust company organ-
     3  ized under the laws of this state, or in a national bank located in this
     4  state, which shall furnish adequate security therefor.
     5    f. The comptroller, however, shall have a fund in his or her immediate
     6  possession. Such fund shall be used for the immediate payment of:
     7    1. All pensions, annuities and other benefits, and
     8    2.  Such expenses as may necessarily be incurred in acquiring, servic-
     9  ing and foreclosing mortgages and in acquiring, managing and  protecting
    10  investments, and
    11    3. Such special expenditures for which the [policemen's and firemen's]
    12  police and fire retirement system will be paid by the state or a partic-
    13  ipating employer. Such fund shall be reimbursed from time to time by the
    14  head of such division on the warrant of the comptroller.
    15    g.  Neither the comptroller nor any person employed on the work of the
    16  [policemen's and firemen's] police and fire retirement system shall:
    17    1. Except as herein provided, have any interest, direct  or  indirect,
    18  in  the gains or profits of any investment of the [policemen's and fire-
    19  men's] police and fire retirement system, nor, in connection  therewith,
    20  directly  or  indirectly,  receive  any  pay or emolument for his or her
    21  services.
    22    2. Except as provided in section three hundred fifty of this article:
    23    (a) Directly or indirectly, for himself or herself or as an  agent  or
    24  partner  of others, borrow any of its funds or deposits or in any manner
    25  use the same except to make such current and necessary payments  as  are
    26  authorized by the comptroller, or
    27    (b)  Become  an endorser, surety or an obligor in any manner of monies
    28  loaned by or borrowed of such funds.
    29    h. The [policemen's and firemen's] police and fire  retirement  system
    30  may use a part of its funds, not exceeding ten per centum of its assets,
    31  (1)  for  purchasing  or  leasing  of land in the city of Albany and the
    32  construction thereon of a suitable office building or buildings for  the
    33  transaction of the business of the retirement system, (2) for purchasing
    34  or  leasing of land in the cities of Albany, Syracuse, Buffalo, Bingham-
    35  ton, New York, Rochester and Utica and the  construction  thereon  of  a
    36  suitable  office  building or buildings for purposes of lease or sale to
    37  the state, (3) for purchasing or leasing of land in the city  of  Albany
    38  on  the north and south sides of Washington avenue commonly known as the
    39  "Campus Site" acquired by the state for a state building  site  pursuant
    40  to  the  provisions  of  chapter five hundred seventy-two of the laws of
    41  nineteen hundred forty-seven  and  the  construction  thereon  of  power
    42  plants  including  service  connections,  electric substations including
    43  service  connections,  garages,  warehouses  and  restaurant  facilities
    44  deemed  necessary  for  the  efficient  and  economical operation of the
    45  office building or buildings  constructed  on  such  land  and  (4)  for
    46  purchasing  or  leasing  of  land  in the city of Albany acquired by the
    47  state for suitable parking facilities for the use primarily of employees
    48  of the state and persons having  business  with  state  departments  and
    49  state agencies and the construction thereon of such structures, appurte-
    50  nances  and facilities deemed necessary for the efficient and economical
    51  operation of the parking facilities constructed on such land and (5) for
    52  purchasing or leasing of land in locations approved by the state univer-
    53  sity trustees and the construction, acquisition,  reconstruction,  reha-
    54  bilitation  or  improvement  of suitable buildings or facilities thereon
    55  for purposes of lease or sale to the state university construction fund,
    56  such buildings or facilities to be used by the state  university  or  by

        A. 8321--C                         85
 
     1  state-operated  institutions or statutory or contract colleges under the
     2  jurisdiction of the state university or by  the  students,  faculty  and
     3  staff  of the state university or of any such state-operated institution
     4  or statutory or contract college, and their families.
     5    The [policemen's and firemen's] police and fire retirement system from
     6  time  to  time  may lease to any public agency any portion of a building
     7  constructed for the  transaction  of  its  business  which  may  not  be
     8  required  for  such  purpose, upon such terms and conditions as shall be
     9  deemed to be for the best interest of the  [policemen's  and  firemen's]
    10  police and fire retirement system.
    11    Real  property  of  the  [policemen's  and  firemen's] police and fire
    12  retirement system acquired or constructed pursuant to  this  subdivision
    13  shall be exempt from taxation.
    14    i.  At  the  close of each fiscal year, the average rate of investment
    15  earnings of the retirement system shall be computed by the  actuary  and
    16  certified  to  the  comptroller.  This rate shall be determined from the
    17  investment earnings during the calendar year which  ended  three  months
    18  prior  to  the  close of the fiscal year. For any year that such average
    19  rate of earnings is in excess of three per centum but not in  excess  of
    20  four  per centum, the comptroller shall declare a rate of special inter-
    21  est, for members earning regular interest of three per centum, equal  to
    22  the  difference  between  such  average  rate  of earnings and three per
    23  centum, expressed to the lower one-tenth of one per centum, but  not  in
    24  excess  of one per centum. For any year, commencing with the fiscal year
    25  the first day of which is April first, nineteen  hundred  seventy,  that
    26  such  average  rate  of  earnings  is  in excess of four per centum, the
    27  special rate of interest for members earning regular interest  of  three
    28  per centum shall be equal to the difference between such average rate of
    29  earnings  and  three per centum, expressed to the lower one-tenth of one
    30  per centum, but not in excess of two per centum, and for members earning
    31  regular interest of four per centum, it shall be the difference  between
    32  such  average  rate  of  earnings  and four per centum, expressed to the
    33  lower one-tenth of one per centum, but not in excess of one per  centum.
    34  Special interest at such rates, shall be credited, by the comptroller at
    35  the same time that regular interest is credited, to the individual annu-
    36  ity  savings  accounts of persons who are members as of the close of the
    37  fiscal year. Special interest shall not  be  considered  in  determining
    38  rates of contribution of members. In the case of persons who last became
    39  members  on  or  after  July  first, nineteen hundred seventy-three, the
    40  provisions of this subdivision shall apply  only  to  the  fiscal  years
    41  beginning  April  first,  nineteen  hundred seventy-two and ending March
    42  thirty-first, nineteen hundred seventy-three.
    43    j. The retirement system may invest, within the limitations authorized
    44  for investments in conventional mortgages, a part of its funds in  first
    45  mortgages on real property located anywhere within the boundaries of the
    46  United  States  and  leased  to  the  government  of  the United States,
    47  provided however, that no such investment shall be made unless the terms
    48  of the mortgage shall provide for amortization  payments  in  an  amount
    49  sufficient  to  completely  amortize  the  loan within the period of the
    50  lease.
    51    § 168. Section 314 of the retirement and social security law, as added
    52  by chapter 1000 of the laws of 1966, is amended to read as follows:
    53    § 314. Legal adviser.  The [attorney-general] attorney general of  the
    54  state  shall  be  the  legal  adviser of the [policemen's and firemen's]
    55  police and fire retirement system.

        A. 8321--C                         86
 
     1    § 169. Section 315 of the retirement and social security law, as added
     2  by chapter 1000 of the laws of 1966 and as further  amended  by  section
     3  104  of  part A of chapter 62 of the laws of 2011, is amended to read as
     4  follows:
     5    §  315.  State supervision. The [policemen's and firemen's] police and
     6  fire retirement system established by this article shall be  subject  to
     7  the supervision of the superintendent of financial services. Such super-
     8  vision  shall  be in accordance with the provisions of the insurance law
     9  to the extent that such provisions are applicable  to  the  [policemen's
    10  and  firemen's] police and fire retirement system and are not inconsist-
    11  ent with the provisions of this article.
    12    § 170. Section 316 of the retirement and social security law, as added
    13  by chapter 1000 of the laws of 1966, and subdivision  a  as  amended  by
    14  chapter 33 of the laws of 1986, is amended to read as follows:
    15    § 316. Annual appropriation by state. a. Upon the basis of each annual
    16  actuarial  valuation  and  appraisal  provided  for in this article, the
    17  comptroller, on or before the fifteenth day of  October  of  each  year,
    18  shall prepare and file with the director of the budget an itemized esti-
    19  mate  of  the  amounts  necessary to be appropriated by the state to the
    20  pension accumulation fund and the New York state public employees  group
    21  life  insurance  plan,  as  appropriate.  Such  itemized estimate may be
    22  revised on or before December thirtieth of each such year. Such  amounts
    23  shall  be sufficient to provide for payment in full for (i) the succeed-
    24  ing fiscal year of  all  estimated  obligations  of  the  state  to  the
    25  [policemen's  and firemen's] police and fire retirement system; and (ii)
    26  any actual obligations of the state to such retirement system, remaining
    27  unpaid, plus interest on such amount, for the fiscal year ending on  the
    28  March  thirty-first  preceding  such  date; provided, however, that such
    29  estimate of actual obligations shall be made commencing with the filings
    30  due on October fifteenth, nineteen hundred eighty-seven and  thereafter.
    31  If,  as  a result of the estimate required to be made pursuant to clause
    32  (i) of the preceding sentence, the state overpaid its actual  obligation
    33  to the retirement system in any year, the amount estimated in the filing
    34  required  by  this  subdivision  next  succeeding such overpayment shall
    35  reflect the amount of such overpayment, plus interest on such amount, as
    36  a reduction in amounts that would otherwise be estimated to be  due  the
    37  retirement  system  from the state. An item of appropriation which shall
    38  be sufficient to provide for such obligations shall be included  in  the
    39  next  annual  appropriation bill when it is presented to the legislature
    40  for passage. The amounts so appropriated or so much thereof  as  may  be
    41  required  shall  be paid from the state treasury on warrant of the comp-
    42  troller into the pension accumulation fund and the New York state public
    43  employees group life insurance plan, as appropriate, on March  first  of
    44  each state fiscal year. For the purposes of this section, interest shall
    45  mean  the  rate  or  rates  of interest used in the actuarial valuations
    46  covering the period of time over which such interest is computed.
    47    b. On or before the fifteenth day of October of each  year  the  comp-
    48  troller  shall file with the director of the budget an itemized estimate
    49  of the expenses of the  [policemen's  and  firemen's]  police  and  fire
    50  retirement  system  for the ensuing year. The director of the budget may
    51  revise and amend such estimate. After such revision  and  amendment,  if
    52  any, such director shall approve the same for inclusion in the executive
    53  budget.    No  monies shall be paid out of the pension accumulation fund
    54  for such expenses unless expenditures therefor shall have  been  author-
    55  ized by law.

        A. 8321--C                         87
 
     1    c.  Whenever  the  compensation  of any member of the [policemen's and
     2  firemen's] police and fire retirement system is paid from a  special  or
     3  administrative  fund  provided  for  by  law,  all  contributions to the
     4  [policemen's and firemen's] police and fire retirement system  including
     5  a  proportionate  share  of  the  administrative  expense thereof, which
     6  otherwise would be chargeable to the general fund of the  state,  shall,
     7  with  the  approval  of  the  director  of the budget, be paid from such
     8  special or administrative fund.
     9    § 171. Subdivision a of section 316-a of  the  retirement  and  social
    10  security  law, as added by chapter 33 of the laws of 1986, is amended to
    11  read as follows:
    12    a. On or before September first, nineteen hundred eighty-six,  on  the
    13  basis of the annual actuarial valuation and appraisal procedure provided
    14  for  in this article, the comptroller shall determine the annual amounts
    15  that, had this section not been enacted, would have been required to  be
    16  paid  into  the  pension accumulation fund and the New York state public
    17  employees group life insurance plan, as appropriate,  from  the  general
    18  fund  of  the state for all obligations of the state to the [policemen's
    19  and firemen's] police and fire retirement system, not  discharged  prior
    20  to such date, for state fiscal years ending March thirty-first, nineteen
    21  hundred  eighty-five and March thirty-first, nineteen hundred eighty-six
    22  and amounts for the state's contribution for  the  retirement  incentive
    23  program that would, had this section not been enacted, be due to be paid
    24  into  the  pension  accumulation  fund  during fiscal years ending March
    25  thirty-first, nineteen  hundred  eighty-seven  and  March  thirty-first,
    26  nineteen  hundred  eighty-eight. Such amounts shall include interest, as
    27  defined in section three hundred sixteen of  this  article  through  the
    28  last  day  of  February,  nineteen hundred eighty-seven. The sum of such
    29  amounts shall be called the "amount to be amortized".
    30    § 172. Paragraph 5 of subdivision a of section 318 of  the  retirement
    31  and  social  security law, as added by chapter 1000 of the laws of 1966,
    32  is amended to read as follows:
    33    5. The expenses of the [policemen's and  firemen's]  police  and  fire
    34  retirement  system,  as  provided for or granted under the provisions of
    35  this article. In the case of employer contributions required to be  made
    36  for  prior  service allowed pursuant to paragraph three of subdivision b
    37  of section three hundred forty-one of this article,  the  provisions  of
    38  such paragraph three shall govern.
    39    § 173. Section 319 of the retirement and social security law, as added
    40  by chapter 177 of the laws of 1986, is amended to read as follows:
    41    §  319.  Filing  of  documents with the retirement system.  Whenever a
    42  statute requires that a document be filed with the state comptroller, as
    43  administrative head of the New York state  [policemen's  and  firemen's]
    44  and  local police and fire retirement system, within a prescribed period
    45  of time or by a specified date, and such document has been mailed to the
    46  comptroller or the retirement system by  United  States  Postal  Service
    47  certified  mail,  return receipt requested, the document shall be deemed
    48  filed on the date of mailing. Notwithstanding this provision,  no  docu-
    49  ment  shall be deemed filed on the date of mailing unless it is actually
    50  received by the retirement system as a result of such mailing.
    51    § 174. Section 320 of the retirement and social security law, as added
    52  by chapter 1000 of the laws of 1966, is amended to read as follows:
    53    § 320. The funds of the [policemen's and firemen's]  police  and  fire
    54  retirement system. The funds hereby created are as follows:
    55    (a)  the  [policemen's  and firemen's] police and fire annuity savings
    56  fund, hereinafter referred to as the annuity savings fund;

        A. 8321--C                         88
 
     1    (b) the [policemen's and firemen's] police and  fire  annuity  reserve
     2  fund, hereinafter referred to as the annuity reserve fund;
     3    (c)  the  [policemen's  and firemen's] fire and police pension accumu-
     4  lation fund, hereinafter referred to as the pension accumulation fund;
     5    (d) the [policemen's and firemen's] police and  fire  pension  reserve
     6  fund, hereinafter referred to as the pension reserve fund.
     7    §  175.  Paragraph  1  of subdivision h, paragraph 1 of subdivision i,
     8  subdivision j, and paragraph 1 of subdivision l of section  321  of  the
     9  retirement and social security law, as added by chapter 1000 of the laws
    10  of  1966,  and paragraph 1 of subdivision l as amended by chapter 601 of
    11  the laws of 1978, are amended to read as follows:
    12    1. A member of the [policemen's and firemen's] police and fire retire-
    13  ment system, whose  retirement  contributions  to  the  New  York  state
    14  employees'  retirement system were determined by fixing the value of his
    15  or her maintenance at one-half the cash compensation received by him  or
    16  her and whose contributions were subsequently reduced by the fixing of a
    17  lower value for the same maintenance theretofore furnished, may elect to
    18  have  his or her contributions computed on the basis of his or her gross
    19  compensation as established prior to such reduction in value of  mainte-
    20  nance, provided that:
    21    1.  Any  member  of  the  [policemen's  and firemen's] police and fire
    22  retirement system, upon forms prescribed  and  furnished  by  the  comp-
    23  troller, may elect to make additional contributions at the rate of fifty
    24  per  centum of his or her rate of normal contribution for the purpose of
    25  purchasing additional annuity.
    26    j. Where a member's rate of contribution is reduced because his or her
    27  employer contributes toward  pensions-providing-for-increased-take-home-
    28  pay  pursuant  to  section three hundred seventy-a of this article, such
    29  member may by written notice duly acknowledged and filed with the  comp-
    30  troller within one year after such reduction or within one year after he
    31  or  she  last  became  a member, whichever is later, elect to waive such
    32  reduction. One year or more after the filing thereof, a member may with-
    33  draw any such waiver by written notice duly acknowledged and filed  with
    34  the  comptroller.  Where  a  member  makes  an  election  to  waive such
    35  reduction, he or she shall contribute to the [policemen's and firemen's]
    36  police and fire retirement system as otherwise provided in this article.
    37    1. Any member of the  [policemen's  and  firemen's]  police  and  fire
    38  retirement  system who is not otherwise required by law to make contrib-
    39  utions may elect to make voluntary  contributions  for  the  purpose  of
    40  purchasing additional annuity.
    41    § 176. Subdivision d of section 322 of the retirement and social secu-
    42  rity  law,  as  added by chapter 1000 of the laws of 1966, is amended to
    43  read as follows:
    44    d. If a member, retired for any reason, returns to  active  police  or
    45  fire  service  and  again becomes a member of the [policemen's and fire-
    46  men's] police and fire retirement system, his  or  her  annuity  reserve
    47  shall  be  transferred  from  the  annuity  reserve  fund to the annuity
    48  savings fund.
    49    § 177. Paragraph 2 of subdivision a of section 323 of  the  retirement
    50  and  social  security law, as added by chapter 1000 of the laws of 1966,
    51  is amended to read as follows:
    52    2. All income received from the investments of  the  [policemen's  and
    53  firemen's] police and fire retirement system, and
    54    § 178. Subdivision e of section 324 of the retirement and social secu-
    55  rity  law,  as  added by chapter 1000 of the laws of 1966, is amended to
    56  read as follows:

        A. 8321--C                         89
 
     1    e. If a member, retired for any reason, returns to  active  police  or
     2  fire  service  and  again becomes a member of the [policemen's and fire-
     3  men's] police and fire retirement system, his  or  her  pension  reserve
     4  shall  be transferred from the pension reserve fund to the pension accu-
     5  mulation fund.
     6    §  179.  Subdivisions  a  and  b  of section 330 of the retirement and
     7  social security law, as added by chapter 1000 of the laws of  1966,  are
     8  amended to read as follows:
     9    a.  Every municipality (exclusive of those maintaining a local pension
    10  system for all its [policemen and firemen]  police  officers  and  fire-
    11  fighters)  employing  [policemen  and firemen] police officers and fire-
    12  fighters must participate in the [policemen's and firemen's] police  and
    13  fire retirement system, and such participation shall be irrevocable.
    14    b.  A municipality maintaining a local pension system for its [police-
    15  men and firemen] police officers and firefighters may elect  to  partic-
    16  ipate  in  the  [policemen's  and  firemen's] police and fire retirement
    17  system upon the petition of sixty per centum of the members of the local
    18  pension system for [policemen and firemen]  police  officers  and  fire-
    19  fighters.  Such  election shall be exercised by the adoption of a resol-
    20  ution approved by its local legislative body and any other body or offi-
    21  cer required by law to approve  resolution  of  such  local  legislative
    22  body.  Upon  the  filing of a certified copy of such resolution with the
    23  comptroller, such election shall be irrevocable,  and  the  municipality
    24  shall become a participating employer. As of the date such participation
    25  is approved:
    26    1. The operation of such local pension system shall be discontinued.
    27    2. The existing pensioners and annuitants of such local pension system
    28  shall  be continued and paid at their existing rates by the [policemen's
    29  and firemen's] police and fire retirement system.
    30    3. Any cash and securities to the credit of such local pension  system
    31  shall  be transferred to the [policemen's and firemen's] police and fire
    32  retirement system.
    33    4. The trustees or other administrative head  of  such  local  pension
    34  system shall certify the proportion, if any, of the funds of such system
    35  that  represents  the  accumulated  contributions of the members and the
    36  individual shares of the members therein. Such shares shall be  credited
    37  to  the  respective  annuity  savings  accounts  of such members in this
    38  retirement system. The balance  of  the  funds  so  transferred  to  the
    39  [policemen's  and  firemen's] police and fire retirement system shall be
    40  offset against the liability on account of existing  pensioners,  annui-
    41  tants and active members. The resulting liability so determined shall be
    42  the  basis for the rate of deficiency contribution of such county, city,
    43  town or village as determined pursuant to section twenty-three  of  this
    44  article.
    45    § 180. Section 331 of the retirement and social security law, as added
    46  by chapter 1000 of the laws of 1966, subdivision b as amended by chapter
    47  628 of the laws of 1991, and subdivision d as further amended by section
    48  104  of  part A of chapter 62 of the laws of 2011, is amended to read as
    49  follows:
    50    § 331. Participation by public or quasi-public organizations.  a.  Any
    51  public or quasi-public organization which heretofore joined the New York
    52  state  and local employees' retirement system, on behalf of its [police-
    53  men and firemen] police officers and firefighters, shall  on  and  after
    54  April  first,  nineteen  hundred  sixty-seven, participate, on behalf of
    55  such [policemen and firemen] police officers and  firefighters,  in  the

        A. 8321--C                         90
 
     1  [policemen's  and  firemen's] police and fire retirement system pursuant
     2  to the provisions of this article.
     3    b.  On and after April first, nineteen hundred sixty-seven, any public
     4  or quasi-public organization created wholly or partly  or  deriving  its
     5  powers  by  the  legislature of the state and which organization employs
     6  [policemen and firemen] police  officers  and  firefighters  engaged  in
     7  service  to  the  public, by resolution legally adopted by its governing
     8  body and approved by the comptroller, may elect to have  its  [policemen
     9  and firemen] police officers and firefighters become eligible to partic-
    10  ipate in the New York state and local police and fire retirement system.
    11  Acceptance of the officers and employees of such an employer for member-
    12  ship  in  the New York state and local police and fire retirement system
    13  shall be optional with the comptroller. If he or she shall approve their
    14  participation, such organization, except  as  specifically  provided  in
    15  this  article  to the contrary, shall thereafter be treated as a partic-
    16  ipating employer.  Notwithstanding  the  foregoing  provisions  of  this
    17  subdivision,  The Long Island Rail Road Company, upon its election filed
    18  with the comptroller, shall participate in the New York state and  local
    19  police  and  fire retirement system with respect to LIRR police officers
    20  as defined in paragraph two of subdivision a of  section  three  hundred
    21  eighty-nine  of  this  article who are referred to in paragraph three of
    22  subdivision b or in paragraph one of  subdivision  c  of  section  three
    23  hundred  forty  of  this article, their benefits to be as provided in or
    24  pursuant to such section three hundred eighty-nine, provided  that  such
    25  election may only be made subsequent to the latest date of the enactment
    26  of  federal legislation or receipt of assurance or relief from the rele-
    27  vant federal agency or agencies for all of  the  following:  removal  of
    28  such  LIRR  police  officers  from coverage under the Federal Employers'
    29  Liability Act and the federal Railway Labor Act, removal  of  such  LIRR
    30  police  officers from coverage under the federal Railroad Retirement Act
    31  and the federal Railroad Unemployment Insurance Act  and  exemption  for
    32  such  LIRR  police  officers  and  The Long Island Railroad Company from
    33  liability either for taxes under the federal Railroad Retirement Tax Act
    34  or the federal Railroad Unemployment Repayment Tax, and further provided
    35  that the authority for such election shall expire and be null  and  void
    36  if  each  such  enactment  or  receipt is not effected on or before June
    37  fifteenth, nineteen hundred ninety-six.
    38    c. The officers and employees of such organization shall  be  credited
    39  with  such  periods  of  prior  service  as  shall be certified by their
    40  employer for service rendered to it, or its predecessor, or  the  state,
    41  or  in any other capacity approved by such employer and the comptroller.
    42  Service for such employer after  the  date  on  which  it  commences  to
    43  participate  in  the [policemen's and firemen's] police and fire retire-
    44  ment system and on account of which  such  employer  pays  contributions
    45  shall  be  considered  as member service. An officer or employee of such
    46  employer who, as of the date he or she is so approved for membership  in
    47  the  [policemen's  and  firemen's] police and fire retirement system, is
    48  already a member thereof, shall not have his or her total credit reduced
    49  by such approval. Any reserve held on account of  any  such  officer  or
    50  employee  in  the  pension  accumulation fund shall be used as an offset
    51  against the deficiency contribution payable thereafter by such  employer
    52  on  account of such officer or employee for any prior service credit and
    53  any such previous credit. Except as otherwise provided in this  article,
    54  a  [policeman or fireman] police officer or firefighter of such employer
    55  who, by reason of his or her service, is a member of any  other  govern-
    56  mental  retirement  system shall not participate in the [policemen's and

        A. 8321--C                         91

     1  firemen's] police and fire retirement system on that part of his or  her
     2  compensation  so  covered. The term "governmental retirement system," as
     3  used in this subdivision, shall include any retirement system wholly  or
     4  partly  maintained  by  this  state, by a municipality of this state, by
     5  another state or political subdivision thereof,  by  the  United  States
     6  government, or by any foreign country or political subdivision thereof.
     7    The  provision in subdivision b of this section [three hundred thirty-
     8  one the retirement and social security law]  limiting  participation  in
     9  the  New  York state [policemen's and firemen's] police and fire retire-
    10  ment system by reason of membership in another  governmental  retirement
    11  system  shall  not  diminish  or  in  any  other way affect the prior or
    12  continual membership in the New York state [policemen's  and  firemen's]
    13  police  and fire retirement system, or any rights or benefits heretofore
    14  or hereafter arising therefrom, of any officer or employee of  a  public
    15  or  quasi-public organization who (1) is in the service of such employer
    16  at the time this act takes effect, or was in such service prior thereto,
    17  and (2) by reason of such service is or was a member of  any  retirement
    18  system maintained by the United States government.
    19    d. An agreement, made by such an employer pursuant to this section, to
    20  contribute  on  account  of  its  officers and employees shall be irrev-
    21  ocable.  In the event that such employer for any reason  becomes  finan-
    22  cially unable to make the contributions required on account of its offi-
    23  cers  and  employees, it shall be deemed to be in default. A certificate
    24  to such effect thereupon shall be sent by the comptroller to the employ-
    25  er and to the state superintendent of financial services.  Every  member
    26  of  the  [policemen's  and firemen's] police and fire retirement system,
    27  who was an officer or employee of such employer at the time of  default,
    28  upon  demand  made  within  ninety days thereafter, shall be entitled to
    29  discontinue his or her membership in  the  [policemen's  and  firemen's]
    30  police  and fire retirement system and to a refund of his or her accumu-
    31  lated contributions. As of a date ninety days following the date of such
    32  certificate of default, the actuary of the [policemen's  and  firemen's]
    33  police  and fire retirement system, by actuarial valuation, shall deter-
    34  mine the amount of the reserves held on account of  each  active  member
    35  and  pensioner  of  such  employer.  He or she shall credit to each such
    36  member and pensioner the amount of reserve so held. In the event such an
    37  active member does not discontinue his or her membership and thus become
    38  entitled to the refund of his  or  her  accumulated  contributions,  the
    39  reserve  so credited, together with the amount of his or her accumulated
    40  contributions shall be used to provide him or her  a  paid  up  deferred
    41  annuity  beginning  at age sixty. The reserve of each pensioner shall be
    42  used in providing such part of  his  or  her  existing  pension  as  the
    43  reserve  so  held  will provide, which pension, together with his or her
    44  annuity, shall thereafter be payable to him or her. The rights and priv-
    45  ileges of both active members and  pensioners  of  such  employer  shall
    46  thereupon  terminate  except as to the payment of the deferred annuities
    47  so provided for the previous active members and the  annuities  and  the
    48  pensions, or parts thereof provided for the pensioners.
    49    e.  Notwithstanding  anything  to  the  contrary, the [policemen's and
    50  firemen's] police and fire retirement system shall not be liable for the
    51  payment of any pensions or other benefits on account  of  the  officers,
    52  employees  or  pensioners  of  any employer under this section for which
    53  reserves have not been previously created from funds contributed by such
    54  employer or its officers or employees for such benefits. This  provision
    55  shall  not apply to any municipality which elected to participate in the

        A. 8321--C                         92
 
     1  retirement system under former section seventy-five-a of this law  prior
     2  to July first, nineteen hundred forty-eight.
     3    § 181. The section heading, the opening paragraph and paragraphs 1 and
     4  2  of  subdivision b, the opening paragraph and paragraphs 1, 2 and 3 of
     5  subdivision c, paragraph 2 of subdivision d, the opening  paragraph  and
     6  paragraph 1 of subdivision e, and the opening paragraph of subdivision f
     7  of  section  340  of the retirement and social security law, as added by
     8  chapter 1000 of the laws of 1966, and paragraph 2 of  subdivision  d  as
     9  amended  by  chapter  591  of  the  laws of 1967, are amended to read as
    10  follows:
    11    Membership of the [policemen's and firemen's] police and fire  retire-
    12  ment system.
    13    Membership  in the [policemen's and firemen's] police and fire retire-
    14  ment system shall be mandatory for the following:
    15    1. [Policemen  and  firemen]  Police  officers  and  firefighters  now
    16  employed or hereafter appointed by an employer.
    17    2.  [Policemen  and  firemen]  Police  officers  and  firefighters now
    18  employed or hereafter appointed by a participating employer in  a  posi-
    19  tion  in  the  classified civil service, other than in a position in the
    20  exempt class, and who is not eligible to become  a  member  of  a  local
    21  pension  system.  The  employers  of such [policemen and firemen] police
    22  officers and firefighters shall pay into the pension  accumulation  fund
    23  the  amount  required  to  pay  the accrued liability on account of such
    24  [policemen and firemen] police officers and firefighters, as computed by
    25  the actuary. Such payments shall be made in  such  installments  as  the
    26  comptroller shall require.
    27    The  following  may  become members of the [policemen's and firemen's]
    28  police and fire retirement system:
    29    1. [Policemen and firemen] Police officers  and  firefighters  in  the
    30  service  of  a public or quasi-public organization if their employer has
    31  elected to participate as provided in section three  hundred  thirty-one
    32  of this article.
    33    2.  Officers and employees of the federal government who have at least
    34  five years of member service credit at  the  time  they  become  federal
    35  officers   or  employees  may  continue  as  contributing  members.  The
    36  provisions of this paragraph [two] shall not affect  the  membership  of
    37  officers and employees of the federal government heretofore commenced or
    38  continued  hereunder,  provided, however, that all memberships hereunder
    39  shall be conditioned upon the receipt by the [policemen's and firemen's]
    40  police and fire retirement system of the payments  required  by  section
    41  three hundred forty-two of this article.
    42    3. Notwithstanding any inconsistent provision of subdivision e of this
    43  section,  or of this chapter or of any other law, an officer or employee
    44  in the service of the state or of a participating employer who,  at  the
    45  time  of  entering  such  service, was or is entitled to benefits by any
    46  other pension or retirement system maintained by the state  or  a  poli-
    47  tical  subdivision  thereof,  provided  such  benefits, exclusive of any
    48  annuity based solely on his or her own contributions and interest there-
    49  on, are suspended during his or her active membership  in  the  [police-
    50  men's  and firemen's] police and fire retirement system. He or she shall
    51  contribute to the retirement system as a new member.
    52    2. Any public authority or public corporation  organized  pursuant  to
    53  the  laws  of  this state and which is not a participating employer, may
    54  file a written election with the comptroller  stating  that  he  or  she
    55  elects  to  continue  as a member. Such election shall be subject to the
    56  approval of the comptroller and such continuance  shall  be  conditioned

        A. 8321--C                         93
 
     1  upon  the  receipt  by  the  [policemen's and firemen's] police and fire
     2  retirement system of the payments  required  by  section  three  hundred
     3  forty-two of this article.
     4    Any  person  who  is  or  may be entitled to benefits by any other law
     5  providing for pensions and annuities for civil service employees, wholly
     6  or partly at the expense of the state  or  of  a  political  subdivision
     7  thereof, shall not be a member of the [policemen's and firemen's] police
     8  and fire retirement system. This provision, however, shall not:
     9    1.  Affect  the  membership  of any person who was a member of the New
    10  York state and local employees' retirement system on April first,  nine-
    11  teen hundred sixty-seven and who became a member of the [policemen's and
    12  firemen's] police and fire retirement system after such date.
    13    Membership  in the [policemen's and firemen's] police and fire retire-
    14  ment system shall cease upon the occurrence of any one of the  following
    15  conditions:
    16    §  182.  Paragraph 1 of subdivision c of section 340 of the retirement
    17  and social security law, as amended by chapter 628 of the laws of  1991,
    18  is amended to read as follows:
    19    1.  [Policemen  and  firemen]  Police officers and firefighters in the
    20  service of a public or quasi-public organization, if their employer  has
    21  elected  to  participate as provided in section three hundred thirty-one
    22  of this article, including each LIRR police officer as defined in  para-
    23  graph  two of subdivision a of section three hundred eighty-nine of this
    24  article who is such on the effective date of such section three  hundred
    25  eighty-nine and who files an election with the comptroller in accordance
    26  with  subdivision  a of this section within ninety days after the effec-
    27  tive date of section three hundred eighty-nine of this article. Such  an
    28  election  by  a LIRR police officer shall be effective as of such effec-
    29  tive date and shall be a waiver of any and all rights such  officer  may
    30  have had to benefits under any pension plan sponsored by The Long Island
    31  Rail Road Company other than the retirement plan provided for in section
    32  three hundred eighty-nine of this article.
    33    §  183. Paragraphs 6 and 7 of subdivision b, subparagraph (b) of para-
    34  graph 2 of subdivision c, paragraph 2 of subdivision f, and paragraph  4
    35  of  subdivision  h  of section 341 of the retirement and social security
    36  law, as added by chapter 1000 of the laws of 1966, are amended  to  read
    37  as follows:
    38    6.  Civil  service  in  any  capacity as an officer or employee of the
    39  federal government, or military duty in the armed forces of the  federal
    40  government  and  not  otherwise  creditable,  rendered or performed by a
    41  member prior to the time he or she last became a member.  The  allowance
    42  of  credit for such service shall be conditioned upon the receipt by the
    43  [policemen's and firemen's] police and fire retirement system of all the
    44  payments required to be made on account thereof by section three hundred
    45  forty-two of this article.
    46    7. Civil service rendered as an officer or  employee  of  the  federal
    47  government  as  provided in subdivision d of section three hundred forty
    48  of this article. The allowance of  credit  for  such  service  shall  be
    49  conditioned  upon  the  receipt  by  the  retirement  system  of all the
    50  payments required to be made on account thereof by section three hundred
    51  forty-two of this article. Except as  so  provided,  employment  by  the
    52  federal  government  shall  not  entitle  a  person to contribute to the
    53  [policemen's and firemen's] police and fire retirement system during the
    54  period of such employment.
    55    (b) Redeposits such withdrawn amount  in  the  annuity  savings  fund,
    56  either  in  a  lump  sum  or  in installments; provided, however, that a

        A. 8321--C                         94
 
     1  member joining the [policemen's and firemen's] police and  fire  retire-
     2  ment  system  pursuant  to  paragraph  three of subdivision c of section
     3  three hundred forty of this article shall not be permitted  to  purchase
     4  credit for, or otherwise be allowed credit for the previous service upon
     5  which  his  or her retirement or pension from another pension or retire-
     6  ment system is or would be based.  If such payment be made  in  install-
     7  ments, the same shall be paid within a period no greater than the number
     8  of months of member service lost by such withdrawal.
     9    2.  Upon  such  return to service, such member shall contribute to the
    10  [policemen's and firemen's] police and fire retirement system as  a  new
    11  member.
    12    4.  A  member's  prior service certificate, certificate for service in
    13  war after world war I, or any such certificate as modified, shall become
    14  void upon the termination of his or her membership in  the  [policemen's
    15  and  firemen's] police and fire retirement system. Except as provided by
    16  subdivision d of section four hundred two of this article, resumption of
    17  membership after such termination shall  be  without  credit  for  prior
    18  service or service in war after world war I.
    19    § 184. The opening paragraph of subdivision a, paragraph 1 of subdivi-
    20  sion  b,  the  opening  paragraph  and paragraph 6 of subdivision g, and
    21  subdivision h of section 350 of the retirement and social security  law,
    22  as  added by chapter 1000 of the laws of 1966, and paragraph 1 of subdi-
    23  vision b and the opening paragraph of subdivision g as amended by  chap-
    24  ter 454 of the laws of 1991, are amended to read as follows:
    25    The  following  may borrow from the [policemen's and firemen's] police
    26  and fire retirement system:
    27    1. An amount  so  borrowed,  together  with  interest  on  any  unpaid
    28  balances  thereof,  shall be repaid in equal installments which shall be
    29  deducted from the member's compensation. Such  additional  contributions
    30  shall  be  in  such amount as the comptroller shall approve. They shall,
    31  however, be at least equal to the member's normal  contribution  to  the
    32  [policemen's  and  firemen's]  police and fire retirement system, or ten
    33  dollars per month, whichever is lower.
    34    Each loan made pursuant to this section shall be insured  against  the
    35  death of the member. Such insurance shall be provided by the comptroller
    36  through  the  [policemen's  and  firemen's]  police  and fire retirement
    37  system upon the following basis:
    38    6. Continuity of insurance not obligatory.  This subdivision [g] shall
    39  not impose any obligation whatsoever upon  the  [policemen's  and  fire-
    40  men's]  police and fire retirement system or any employer to continue to
    41  insure loans of members upon the terms and conditions herein provided or
    42  upon any other terms and conditions.
    43    h. Loans made to certain [policemen and firemen] police  officers  and
    44  firefighters.  Each loan made to [policemen and firemen] police officers
    45  and  firefighters  while such persons were members of the New York state
    46  and local employees' retirement system shall be repaid according to  the
    47  provisions of subdivision b of this section.
    48    §  185.  Paragraph 2 of subdivision b of section 351 of the retirement
    49  and social security law, as added by chapter 1000 of the laws  of  1966,
    50  is amended to read as follows:
    51    2.  Last  became  a  member  of the state employees' retirement system
    52  before April  sixth,  nineteen  hundred  forty-three,  and  subsequently
    53  became  a  member  of  the  [policemen's  and firemen's] police and fire
    54  retirement system, or

        A. 8321--C                         95
 
     1    § 186. The second undesignated paragraph of subdivision b  of  section
     2  360  of  the  retirement  and social security law, as amended by chapter
     3  1046 of the laws of 1973, is amended to read as follows:
     4    In  the  case  of  a retired member who has returned to service, total
     5  service credit for purposes of this section only, shall include  service
     6  rendered  prior  to his or her retirement, provided that he or she shall
     7  have rendered at least one year of service since he or she last became a
     8  member or provided he or  she  shall  have  rendered  since  he  or  she
     9  returned  to  public  service one year of service during which he or she
    10  elected pursuant to subdivision a of section four hundred  one  of  this
    11  article  not  to be restored to membership in the [policemen's and fire-
    12  men's] police and  fire  retirement  system.  The  member's  accumulated
    13  contributions  shall  be  refunded  in  accordance with subdivision d of
    14  section three hundred fifty-one of this article.
    15    § 187. Paragraph 3 of subdivision a of section 361 of  the  retirement
    16  and  social  security law, as added by chapter 1000 of the laws of 1966,
    17  is amended to read as follows:
    18    3. At the time of such accident was actually a member of the  [police-
    19  men's and firemen's] police and fire retirement system.
    20  Where  the  claimant is an infant or is mentally or physically incapaci-
    21  tated, and because of the aforesaid  disability  application  for  acci-
    22  dental  death  benefit  is  not  filed within the time specified by this
    23  subdivision, or where a person entitled to make a claim dies before  the
    24  expiration  of  the  time  so  specified,  the comptroller in his or her
    25  discretion may grant leave to file such application within a  reasonable
    26  time after the expiration of the time specified in this subdivision.
    27    §  188.  Item  (cc)  of clause 2 of subparagraph (c) of paragraph 2 of
    28  subdivision b of section 362 of the retirement and social security  law,
    29  as  amended  by  chapter 1046 of the laws of 1973, is amended to read as
    30  follows:
    31    (cc) If not reduced by reason of the member's election to decrease his
    32  or her annuity contributions to the [policemen's and  firemen's]  police
    33  and  fire  retirement  system  in  order  to  apply  the  amount of such
    34  reduction in payment of his or her contributions for old-age and  survi-
    35  vors insurance coverage.
    36    §  189.  Paragraph 1 of subdivision a of section 363 of the retirement
    37  and social security law, as amended by chapter 489 of the laws of  2008,
    38  is amended to read as follows:
    39    1. Physically or mentally incapacitated for performance of duty as the
    40  natural and proximate result of an accident not caused by his or her own
    41  willful negligence sustained in such service and while actually a member
    42  of  the  [policemen's  and firemen's] police and fire retirement system,
    43  and
    44    § 190. Subparagraph (a) of paragraph 2 of  subdivision  b  of  section
    45  363-b  of  the retirement and social security law, as amended by chapter
    46  489 of the laws of 2008, is amended to read as follows:
    47    (a) Physically or mentally incapacitated for performance  of  duty  as
    48  the  natural  and  proximate result of a disability not caused by his or
    49  her own willful negligence sustained in such service and while  actually
    50  a  member  of the [policemen's and firemen's] police and fire retirement
    51  system, or
    52    § 191. Paragraph 1 of subdivision b of section 363-c of the retirement
    53  and social security law, as amended by chapter 690 of the laws of  1987,
    54  is amended to read as follows:
    55    1. Physically or mentally incapacitated for performance of duty as the
    56  natural  and  proximate  result of a disability not caused by his or her

        A. 8321--C                         96
 
     1  own willful negligence sustained in such service and  while  actually  a
     2  member  of  the  [policemen's  and firemen's] police and fire retirement
     3  system, and
     4    §  192.  Subparagraph  (a)  of paragraph 2 of subdivision b of section
     5  363-e of the retirement and social security law, as added by chapter 208
     6  of the laws of 1997, is amended to read as follows:
     7    (a) Physically or mentally incapacitated for performance  of  duty  as
     8  the  natural  and proximate result of a disability not caused by his/her
     9  own willful negligence sustained in such service and  while  actually  a
    10  member  of  the  [policemen's  and firemen's] police and fire retirement
    11  system, or
    12    § 193. Subdivision b of section 364 of the retirement and social secu-
    13  rity law, as amended by chapter 661 of the laws of 1984, is  amended  to
    14  read as follows:
    15    b. A final determination of the state workers' compensation board that
    16  benefits are payable pursuant to the workers' compensation law by reason
    17  of  the  accidental  disability  or  accidental death of a member of the
    18  [policemen's and firemen's] police and fire retirement system shall  not
    19  in  any  respect  be,  or constitute, a determination that an accidental
    20  disability retirement allowance, a disability incurred in performance of
    21  duty allowance or an accidental death  benefit  is  payable  on  account
    22  thereof pursuant to the provisions of this article.
    23    §  194. The opening paragraph of subdivision a of section 370-a of the
    24  retirement and social security law, as amended by chapter  1046  of  the
    25  laws of 1973, is amended to read as follows:
    26    Beginning  with  a payroll period commencing as specified by a partic-
    27  ipating employer electing to contribute pursuant to  the  provisions  of
    28  this  section  the  contribution  of each member of the [policemen's and
    29  firemen's] police and fire retirement system in the  employ  of  such  a
    30  participating  employer,  exclusive  of any increase thereof pursuant to
    31  subdivision i of section three hundred twenty-one of this chapter or  of
    32  any reduction thereof pursuant to subdivision one of section one hundred
    33  thirty-eight-b  of  article  three  of this chapter, shall be reduced by
    34  five per centum of the compensation of such member.   Beginning  with  a
    35  payroll  period  commencing  as  specified  by a participating employer,
    36  specifically electing, as provided in subdivision c of this section,  to
    37  contribute at the higher rate pursuant to the provisions of this section
    38  the  contribution  of each member of the retirement system in the employ
    39  of such a participating employer,  exclusive  of  any  increase  thereof
    40  pursuant  to  subdivision  i of section twenty-one of this chapter or of
    41  any reduction thereof pursuant to subdivision one of section one hundred
    42  thirty-eight-b of this chapter, shall be reduced by an additional  three
    43  per centum of the compensation of such member.  Where a member's rate of
    44  contribution  as  so  qualified is less than the per centum by which his
    45  contribution is  reduced,  such  rate  shall  be  discontinued.  Such  a
    46  reduction or discontinuance, as the case may be, shall:
    47    § 195. Section 371 of the retirement and social security law, as added
    48  by chapter 1000 of the laws of 1966, is amended to read as follows:
    49    §  371.  Optional  retirement at age fifty-five; alternative plan.  a.
    50  Any member of the [policemen's and firemen's] police and fire retirement
    51  system, who, while a member of the state employees'  retirement  system,
    52  elected  to contribute on a basis of retirement at age fifty-five pursu-
    53  ant to section seventy-one of this chapter and who did not withdraw such
    54  election as therein provided shall, contribute to the  [policemen's  and
    55  firemen's]  police  and fire retirement system at the rate prescribed by
    56  such section, and if such member retires under the  provisions  of  such

        A. 8321--C                         97

     1  section  his  retirement  allowance  shall  be computed according to the
     2  provisions of such section.
     3    §  196. The opening paragraph of subdivision a of section 371-a of the
     4  retirement and social security law, as added by chapter 1000 of the laws
     5  of 1966, is amended to read as follows:
     6    Any member of the [policemen's and firemen's] police and fire  retire-
     7  ment  system, who has not by voluntary election on or after April first,
     8  nineteen hundred sixty-seven withdrawn the excess contributions  author-
     9  ized  by  subdivision d of this section, by written notice duly acknowl-
    10  edged and filed with the comptroller on or before December thirty-first,
    11  nineteen hundred sixty-seven or within one year after  he  or  she  last
    12  became a member, whichever is later, may elect to contribute pursuant to
    13  this  section  on  the basis of retirement at age fifty-five. After such
    14  election the member shall contribute pursuant to  this  section  at  the
    15  higher  rate  determined  in  accordance with this subdivision [a]. Such
    16  higher rate shall be determined by the actuary upon the basis of  tables
    17  adopted  by the comptroller and regular interest. Such higher rate shall
    18  consist of the member's rate of normal contribution plus  an  additional
    19  rate.  Such  higher rate shall be computed as the constant proportion of
    20  annual compensation which, when  deducted  from  each  payment  of  such
    21  member's  prospective earnable compensation from the time when he or she
    22  last became a member until he or she shall attain age fifty-five,  would
    23  provide,  at such latter time, an annuity equal to one-one hundred twen-
    24  tieth of his or her final average salary for each year of member service
    25  rendered or which he or she will have  rendered  prior  to  his  or  her
    26  attainment  of  age fifty-five and for which he or she shall be entitled
    27  to credit. Such higher rate of contribution of a member who is over  age
    28  fifty-four,  at  the time of his or her last becoming a member, shall be
    29  the same as if his or her age were fifty-four. Where a member elects  to
    30  contribute  pursuant  to this section, contributions at such higher rate
    31  shall be made from May fifteenth, nineteen hundred sixty-seven  or  from
    32  the date he or she last became a member, whichever is later.
    33    § 197. Section 372 of the retirement and social security law, as added
    34  by chapter 1000 of the laws of 1966, is amended to read as follows:
    35    §  372.  Optional  retirement  at age fifty-five; closed plan.  a. Any
    36  member of the [policemen's and firemen's]  police  and  fire  retirement
    37  system  who,  while  a member of the state employees' retirement system,
    38  elected to contribute on a basis of retirement at age fifty-five  pursu-
    39  ant to the provisions of section seventy-two of this chapter and who did
    40  not withdraw his or her election as therein provided shall contribute to
    41  the [policemen's and firemen's] police and fire retirement system at the
    42  rate  prescribed  by such section, and if such member retires his or her
    43  retirement allowance shall be computed according to  the  provisions  of
    44  such section.
    45    §  198.  The  opening paragraph of subdivision a and the opening para-
    46  graph of subdivision b of section 373 of the retirement and social secu-
    47  rity law, as added by chapter 1000 of the laws of 1966, are  amended  to
    48  read as follows:
    49    Persons  who  last  became  members  of  the  New York state and local
    50  employees' retirement  system  before  April  eighth,  nineteen  hundred
    51  forty-three and became members of the [policemen's and firemen's] police
    52  and  fire  retirement  system  on or after April first, nineteen hundred
    53  sixty-seven, and who as members of state system became members  of  this
    54  system:
    55    Persons  who  last  became  members  of  the  New York state and local
    56  employees' retirement system on or after April eighth, nineteen  hundred

        A. 8321--C                         98

     1  forty-three  and  who  became members of the [policemen's and firemen's]
     2  police and fire retirement system on  or  after  April  first,  nineteen
     3  hundred  sixty-seven  or persons who became members of the latter system
     4  on or after April first, nineteen hundred sixty-seven, and who:
     5    §  199.  The  opening paragraph of subdivision c and the opening para-
     6  graph of subdivision d of section 375 of the retirement and social secu-
     7  rity law, as amended by chapter 559 of the laws of 1967, are amended  to
     8  read as follows:
     9    Upon  retirement  for  superannuation  on  or  after attainment of age
    10  fifty-five or for any other cause after attainment of age  sixty,  of  a
    11  member who is contributing to the [policemen's and firemen's] police and
    12  fire  retirement  system  on  the  basis of retirement at age fifty-five
    13  pursuant to section three hundred seventy-one of this article, he or she
    14  shall receive a retirement allowance which shall consist of:
    15    Upon retirement for superannuation  on  or  after  attainment  of  age
    16  fifty-five  or  for  any other cause after attainment of age sixty, of a
    17  member who is contributing to the [policemen's and firemen's] police and
    18  fire retirement system on the basis  of  retirement  at  age  fifty-five
    19  pursuant  to  section three hundred seventy-one-a of this article, he or
    20  she shall receive a retirement allowance which shall consist of:
    21    § 200. Subdivision f of section 378 of the retirement and social secu-
    22  rity law, as amended by chapter 343 of the laws of 1978, is  amended  to
    23  read as follows:
    24    f.  The  supplemental  retirement allowance authorized by this section
    25  shall also be paid in the same manner set forth above to a [policeman or
    26  fireman] police officer and firefighter sixty-two years of age or  older
    27  who  is retired, or any person retired for disability regardless of age,
    28  or any spouse qualifying pursuant to subdivision h of this section,  and
    29  who  receives,  as  a result, a retirement allowance or pension from any
    30  state administered and operated retirement or pension  plan  or  system,
    31  not including, however, the New York state teachers retirement system.
    32    §  201. The opening paragraph of subdivision a, and subdivisions c and
    33  f of section 381 of the retirement and social security law, as added  by
    34  chapter 1000 of the laws of 1966, are amended to read as follows:
    35    Any member in the division of state police in the executive department
    36  who  elected on or before January first, nineteen hundred forty-nine, to
    37  contribute to the New York state employees' retirement  system  pursuant
    38  to  the provisions of former section eighty-one of this chapter in force
    39  prior to April first, nineteen hundred sixty-seven, shall contribute  to
    40  the [policemen's and firemen's] police and fire retirement system on the
    41  basis of retirement upon his or her:
    42    c.  Subject to the provisions of subdivisions a and b of this section,
    43  every employee in the service of such division who is not  a  member  of
    44  the  [policemen's  and  firemen's] police and fire retirement system may
    45  elect to become a member. He or she thereupon shall  contribute  to  the
    46  retirement  system  under the provisions of this section and be entitled
    47  to benefits as provided in this  section.  No  such  employee,  however,
    48  shall  be  given  credit  for service rendered prior to April sixteenth,
    49  nineteen hundred thirty-eight, unless he or she became a member  of  the
    50  state  employees' retirement system on or before January first, nineteen
    51  hundred forty-nine. Any such employee who becomes a member on or  before
    52  January  first, nineteen hundred forty-nine, shall be entitled to credit
    53  for past service in the division as if he or she  had  become  a  member
    54  when first eligible. Such employee, however, shall pay the contributions
    55  he or she would have made prior to such date had he or she been a member
    56  during  such service.  The amount of such contributions shall be paid in

        A. 8321--C                         99

     1  a lump sum or in such installments as the comptroller shall approve.  In
     2  lieu  of  such payment, however, such employee may receive on retirement
     3  the benefit otherwise provided by this section, less such annuity as  is
     4  the actuarial equivalent of such unpaid contributions.
     5    f.  The  increased pensions to members of the division, as provided by
     6  this section, shall be paid from additional contributions  made  by  the
     7  state  on  account  of such members. The actuary of the [policemen's and
     8  firemen's] police and fire retirement system  shall  compute  the  addi-
     9  tional  contribution  of  each  member  who  elects the special benefits
    10  provided under this section.   Such additional  contributions  shall  be
    11  computed on the basis of contributions during the prospective service of
    12  such member which will cover the liability of the [policemen's and fire-
    13  men's]  police  and fire retirement system for such extra pensions. Upon
    14  approval by the comptroller,  such  additional  contributions  shall  be
    15  certified  by  him  or  her  to  the superintendent of state police. The
    16  amount thereof shall be included in  the  annual  appropriation  of  the
    17  state  for state police. Such amount shall be paid on the warrant of the
    18  comptroller to the pension accumulation fund of the retirement system.
    19    § 202. Subdivisions a and c, the closing paragraph  of  subdivision  d
    20  and subdivision e of section 381-a of the retirement and social security
    21  law,  as  added by chapter 1000 of the laws of 1966, are amended to read
    22  as follows:
    23    a. Every member or officer of the division  of  state  police  in  the
    24  executive  department who enters or re-enters service in the division on
    25  or after May first, nineteen hundred sixty-one shall contribute  to  the
    26  [policemen's  and  firemen's]  police  and fire retirement system in the
    27  manner provided for by this section.
    28    c. A member who elects or is required to contribute in accordance with
    29  this section, shall contribute, in lieu of  the  proportion  of  compen-
    30  sation  as provided in section three hundred twenty-one of this article,
    31  a proportion of his  or  her  compensation  similarly  determined.  Such
    32  latter  proportion  shall be computed to provide, at the time when he or
    33  she shall first become eligible for retirement under  this  section,  an
    34  annuity  equal  to  one-one hundredth of his or her final average salary
    35  for each year of service as a member of the state employees'  retirement
    36  system  or  the  [policemen's  and firemen's] police and fire retirement
    37  system rendered after April sixteenth,  nineteen  hundred  thirty-eight,
    38  and prior to the attainment of the age when he or she shall first become
    39  eligible  for retirement. Such member's rate of contribution pursuant to
    40  this section shall be appropriately reduced pursuant  to  section  three
    41  hundred  seventy-a of this article for such period of time as his or her
    42  employer contributes pursuant to such  section  toward  pensions-provid-
    43  ing-for-increased-take-home-pay.  No  such member shall continue to make
    44  contributions after completing twenty-five years of such service.
    45    For the purpose only of determining the amount of the pension provided
    46  in this subdivision, the annuity shall be computed as it would be if  it
    47  were  not  reduced  by the actuarial equivalent of any outstanding loan,
    48  and if it were not increased by the actuarial equivalent  of  any  addi-
    49  tional  contributions,  and  if  it  were  not  reduced by reason of the
    50  member's election to decrease his or her annuity  contributions  to  the
    51  [policemen's  and  firemen's] police and fire retirement system in order
    52  to apply the amount of such reduction in payment of his or her  contrib-
    53  utions for old-age and survivors insurance coverage.
    54    e.  The  increased pensions to members of the division, as provided by
    55  this section, shall be paid from additional contributions  made  by  the
    56  state  on  account  of such members. The actuary of the [policemen's and

        A. 8321--C                         100

     1  firemen's] police and fire retirement system  shall  compute  the  addi-
     2  tional  contribution  required for each member who elects to receive the
     3  special benefits provided under this section. Such  additional  contrib-
     4  utions  shall  be  computed  on  the  basis  of contributions during the
     5  prospective service of such member which will cover the liability of the
     6  [policemen's and firemen's] police and fire retirement system  for  such
     7  extra  pensions.  Upon  approval  by  the  comptroller,  such additional
     8  contributions shall be certified by him or her to the superintendent  of
     9  state  police. The amount thereof shall be included in the annual appro-
    10  priation of the state for the division  of  state  police.  Such  amount
    11  shall  be  paid on the warrant of the comptroller to the pension accumu-
    12  lation fund of the [policemen's and firemen's] police and  fire  retire-
    13  ment system.
    14    §  203.  The  opening  paragraph of subdivision b and subdivision f of
    15  section 383 of the retirement and social security law, as added by chap-
    16  ter 1000 of the laws of 1966, are amended to read as follows:
    17    Any member of the [policemen's and firemen's] police and fire  retire-
    18  ment  system in regional state park police service may elect to contrib-
    19  ute to the [policemen's and firemen's] police and fire retirement system
    20  on the basis of retirement upon his or her
    21    f. The increased pensions to any member in regional state park  police
    22  service,  as  provided  by  this  section, shall be paid from additional
    23  contributions made by the state on account of such members. The  actuary
    24  of  the  [policemen's  and  firemen's] police and fire retirement system
    25  shall compute the additional contribution for each member who elects the
    26  special benefits provided under this section. Such  additional  contrib-
    27  utions  shall  be  computed  on  the  basis  of contributions during the
    28  prospective service of such member which will cover the liability of the
    29  [policemen's and firemen's] police and fire retirement system  for  such
    30  extra  pensions,  and  upon  approval by the comptroller, the additional
    31  contributions shall  be  certified  by  the  comptroller  and  shall  be
    32  included in the annual appropriation to the pension accumulation fund of
    33  the [policemen's and firemen's] police and fire retirement system in the
    34  manner provided in section three hundred sixteen of this article.
    35    §  204.  Subdivision  b  and the opening paragraph of subdivision c of
    36  section 383-b of the retirement and social security  law,  as  added  by
    37  chapter 674 of the laws of 1986, are amended to read as follows:
    38    b.  Notwithstanding any other provision of law providing for transfers
    39  between retirement systems, any sworn police officer of the division  of
    40  law enforcement in the department of environmental conservation who is a
    41  member  of  the New York state employees' retirement system may transfer
    42  to the New York state [policemen's and firemen's] and local  police  and
    43  fire retirement system and shall receive credit pursuant to and be enti-
    44  tled  to  the  retirement  benefits  afforded  in  accordance  with this
    45  section. Upon any such transfer the member  shall  be  entitled  to  the
    46  amount  of  service  which  would  have  been deemed creditable had such
    47  member been subject to such system during  the  course  of  his  or  her
    48  membership  within  such system.   Contributions to such system shall be
    49  made in accordance with appropriate provisions of law relating  thereto.
    50  Application  for  such transfer must be made to the state comptroller on
    51  or  before  December  thirty-first,  nineteen  hundred  eighty-six.  The
    52  provisions  of  section  three hundred forty-three of this article shall
    53  apply to any member making application for transfer under this  subdivi-
    54  sion.
    55    Any  member  of  the  division of law enforcement in the department of
    56  environmental conservation who elects or is required to contribute under

        A. 8321--C                         101

     1  this section shall contribute to the [policemen's and firemen's]  police
     2  and fire retirement system on the basis of retirement upon his or her:
     3    §  205.  Subdivision  b  and the opening paragraph of subdivision c of
     4  section 383-b of the retirement and social security  law,  as  added  by
     5  chapter 677 of the laws of 1986, are amended to read as follows:
     6    b.  Notwithstanding any other provision of law providing for transfers
     7  between retirement systems, any sworn  police  officer  of  the  capital
     8  police  force  in  the office of general services who is a member of the
     9  New York state and local employees' retirement system  may  transfer  to
    10  the New York state [policemen's and firemen's] and local police and fire
    11  retirement  system  and shall receive credit pursuant to and be entitled
    12  to the retirement benefits afforded in  accordance  with  this  section.
    13  Upon  any  such  transfer  the member shall be entitled to the amount of
    14  service which would have been deemed creditable  had  such  member  been
    15  subject to such system during the course of his or her membership within
    16  such  system.  Contributions  to such system shall be made in accordance
    17  with appropriate provisions of law  relating  thereto.  Application  for
    18  such  transfer must be made to the state comptroller on or before Decem-
    19  ber thirty-first, nineteen hundred eighty-six. The provisions of section
    20  three hundred forty-three of this article  shall  apply  to  any  member
    21  making application for transfer under this subdivision.
    22    Any  member  of  the  capital  police  force  in the office of general
    23  services who elects or is required  to  contribute  under  this  section
    24  shall  contribute  to  the  [policemen's  and firemen's] police and fire
    25  retirement system on the basis of retirement upon his or her:
    26    § 206. The section heading, the opening paragraph  of  subdivision  a,
    27  subdivisions  b,  bb  and  c, and paragraphs 1 and 5 of subdivision d of
    28  section 384 of the retirement and social security law, as added by chap-
    29  ter 1000 of the laws of 1966, subdivision b as amended by chapter 807 of
    30  the laws of 1969, and subdivision bb as amended by chapter  172  of  the
    31  laws of 1971, are amended to read as follows:
    32    Optional retirement of certain [policemen and firemen] police officers
    33  and firefighters.
    34    Any  member of the [policemen's and firemen's] police and fire retire-
    35  ment system who is an officer or member of any organized fire department
    36  or organized police force or police  department  of  any  county,  city,
    37  town,  village, fire district, police district or participating employer
    38  may elect to contribute to the [policemen's and  firemen's]  police  and
    39  fire  retirement  system  on  the  basis  of  retirement upon his or her
    40  completion of twenty-five years of service as an officer  or  member  of
    41  any such force or department on an allowance of:
    42    b.  Any  officer  or  member  of  such an organized fire department or
    43  organized police force or department may  elect  to  contribute  to  the
    44  [policemen's  and  firemen's] police and fire retirement system pursuant
    45  to this section within one year after he or she becomes such an  officer
    46  or  member,  or on or before January first, nineteen hundred seventy, or
    47  within one year after his or her employer assumed, or assumes  in  whole
    48  or  in  part,  the  additional  cost  to the [policemen's and firemen's]
    49  police and fire retirement system resulting from an election pursuant to
    50  this section.
    51    bb. On and after April first, nineteen hundred sixty-seven only [fire-
    52  men, policemen] firefighters, police officers or officers of such a fire
    53  department or police force may elect to contribute to  the  [policemen's
    54  and firemen's] police and fire retirement system on the basis of retire-
    55  ment  pursuant  to this section and, as to members so electing, in addi-

        A. 8321--C                         102
 
     1  tion to service in war after world war I, as defined  in  section  three
     2  hundred two of this article, only credit for service:
     3    1. As such a [fireman, policeman] firefighter, police officer or offi-
     4  cer, or
     5    2. As a member or officer of the state police, or
     6    3.  In  the  regional  state park police service, shall be included in
     7  computing years of police or fire service  for  retirement  pursuant  to
     8  this section.
     9    c.  Elections  made  pursuant  to this section shall be in writing and
    10  shall be duly acknowledged and filed with the  comptroller.  Any  member
    11  who  files  such  an  election  pursuant to this section may withdraw it
    12  after it has been filed for at least one year. Such withdrawal shall  be
    13  by  written  notice  duly  acknowledged  and filed with the comptroller.
    14  After such withdrawal such member shall contribute to  the  [policemen's
    15  and  firemen's]  police and fire retirement system as otherwise provided
    16  in this article. Any member who has contributed  the  entire  additional
    17  cost  to  the  [policemen's  and  firemen's]  police and fire retirement
    18  system resulting from an election pursuant to this section, may withdraw
    19  such entire additional amount in the event that he or she  so  withdraws
    20  such election.
    21    1. Except as otherwise provided in this subdivision, a member electing
    22  to contribute to the [policemen's and firemen's] police and fire retire-
    23  ment  system  pursuant  to  this section shall pay the entire additional
    24  cost to the [policemen's  and  firemen's]  police  and  fire  retirement
    25  system  resulting from such election by means of a rate of contribution.
    26  Such rate shall be computed to provide, upon his or  her  completion  of
    27  twenty-five years of service as an officer or member of any such depart-
    28  ment  or  force, the portion of the retirement allowance for which he or
    29  she is required to provide  pursuant  to  this  section.  Such  rate  of
    30  contribution shall be determined in a manner similar to that provided in
    31  section  three  hundred  twenty-three of this article and subject to the
    32  provisions of paragraph four  of  this  subdivision,  the  contributions
    33  based thereon shall be paid while such member is an officer or member of
    34  any such department or force.
    35    5.  For  actuarial  purposes  relative to rates or amounts of contrib-
    36  utions to the funds of the [policemen's and firemen's] police  and  fire
    37  retirement  system,  service  of a member making an election pursuant to
    38  this section shall, as to his or her service and status subsequent ther-
    39  eto, be deemed continuous  and  constant.  If  the  continuity  of  such
    40  service  be  interrupted or such status be changed, however, appropriate
    41  changes as may be necessary for actuarial purposes shall be made in such
    42  rates and amounts.
    43    § 207. The section heading and subdivision a of section 384-a  of  the
    44  retirement and social security law, as added by chapter 1000 of the laws
    45  of 1966, are amended to read as follows:
    46    Additional  pension  benefits  for certain [policemen] police officers
    47  after twenty-five years of service. a. In the  event  a  member  of  the
    48  police  force  of the village of Hempstead, in the county of Nassau, who
    49  is contributing to the retirement system  under  section  three  hundred
    50  eighty-four of this chapter, shall continue in service after twenty-five
    51  years  of  total  creditable  police  service under such section in such
    52  force, he or she shall receive, upon  retirement,  in  addition  to  the
    53  amount of any retirement allowance he or she would otherwise be entitled
    54  to  receive,  pursuant  to the applicable provisions of this chapter, an
    55  additional pension for such service of one-sixtieth of his or her  final
    56  average salary for each completed additional year of service after twen-

        A. 8321--C                         103
 
     1  ty-five years. The participating employer in the case of any [policeman]
     2  police officer eligible for the additional pension benefit prescribed by
     3  this section shall make additional contributions to the appropriate fund
     4  of  the  retirement  system  necessary to pay the difference between the
     5  amounts prescribed by this section  and  the  amount  the  member  would
     6  otherwise be entitled to receive at the time of his or her retirement.
     7    §  208.  The section heading and subdivision a of section 384-c of the
     8  retirement and social security law, as added by chapter 144 of the  laws
     9  of  1966  and  such  section as renumbered by chapter 559 of the laws of
    10  1967, are amended to read as follows:
    11    Additional pension benefits for certain  [policemen]  police  officers
    12  after  twenty-five  years  of service.   a. In the event a member of the
    13  police force of the city of Glen Cove, in the county of Nassau,  who  is
    14  contributing to the retirement system [under section eighty-four of this
    15  chapter],  shall  continue  in  service after twenty-five years of total
    16  creditable police service under such section in such force,  he  or  she
    17  shall receive, upon retirement, in addition to the amount of any retire-
    18  ment  allowance he or she would otherwise be entitled to receive, pursu-
    19  ant to the applicable provisions of this chapter, an additional  pension
    20  for  such service of one-sixtieth of his or her final average salary for
    21  each completed additional year of service after twenty-five  years.  The
    22  participating  employer  in  the  case of any [policeman] police officer
    23  eligible for the additional pension benefit prescribed by  this  section
    24  shall  make  additional  contributions  to  the  appropriate fund of the
    25  retirement system necessary to pay the difference  between  the  amounts
    26  prescribed  by this section and the amount the member would otherwise be
    27  entitled to receive at the time of his or her retirement.
    28    § 209. The section heading, subdivisions a, k and o, and  paragraph  1
    29  of  subdivision p of section 384-d of the retirement and social security
    30  law, as added by chapter 1064 of the laws  of  1968,  subdivision  o  as
    31  added  by chapter 869 of the laws of 1983 and paragraph 1 of subdivision
    32  p as added by chapter 785 of the laws of 1984, are amended  to  read  as
    33  follows:
    34    Optional  twenty year retirement plan for certain [firemen and police-
    35  men] firefighters and police officers whose employer elects  to  provide
    36  same.
    37    a.  Any  member of the retirement system who is a [fireman, policeman]
    38  firefighter, police officer or officer of any organized fire  department
    39  or  organized  police  force  or  police department of any county, city,
    40  town, village, fire district, police district or participating  employer
    41  may  elect  to  contribute  to  the  retirement  system pursuant to this
    42  section within one year after he or  she  becomes  such  an  officer  or
    43  member,  if his or her employer has previously elected to make the bene-
    44  fits provided herein available to its officers and  members,  or  within
    45  one  year after his or her employer elects to make the benefits provided
    46  herein available to its officers and members.
    47    k. The benefits of this section  shall  be  available  only  to  those
    48  [policemen  and firemen] police officers and firefighters whose employer
    49  elects to provide such benefits by adopting a resolution to such  effect
    50  and filing a certified copy thereof with the comptroller.
    51    o.  Any  member  of  the  [policemen's  and firemen's] police and fire
    52  retirement system who was a member of  the  New  York  state  employees'
    53  retirement  system while employed as a police department cadet and whose
    54  membership therein was terminated by his or her attaining membership  in
    55  the  [policemen's  and firemen's] police and fire retirement system, may
    56  purchase credit in the said [policemen's and firemen's] police and  fire

        A. 8321--C                         104
 
     1  retirement  system  for  prior  creditable service in the New York state
     2  employees' retirement system earned while employed as a  police  depart-
     3  ment cadet and shall have the period of such prior service credit count-
     4  ed as police service for the purpose of determining the amount of his or
     5  her  pension  and  retirement allowance and period of service needed for
     6  retirement. In order to purchase credit pursuant  to  this  subdivision,
     7  the member shall pay into the pension accumulation fund the contribution
     8  amount  as  determined  by  the  comptroller, either in a lump sum or in
     9  installments, necessary to  pay  in  full  the  cost  of  such  previous
    10  service. If such payment be made in installments, the same shall be paid
    11  within  a  period  no  greater  than the number of months of such member
    12  service granted.
    13    (1) Any member of the [policemen's  and  firemen's]  police  and  fire
    14  retirement  system,  who  was  a  member of the New York state and local
    15  employees' retirement system while employed as a police department cadet
    16  and whose membership therein was terminated  by  his  or  her  attaining
    17  membership in the [policemen's and firemen's] police and fire retirement
    18  system,  may  purchase  credit  in  the said [policemen's and firemen's]
    19  police and fire retirement system for prior creditable  service  in  the
    20  New  York  state employees' retirement system earned as a police depart-
    21  ment cadet and shall have the period of such prior service credit count-
    22  ed as police service for the purpose of determining the amount of his or
    23  her pension and retirement allowance and period of  service  needed  for
    24  retirement.  In  order to purchase credit pursuant to this subdivision a
    25  member shall deposit in the pension accumulation fund a sum equal to the
    26  product of the participating employers' normal contribution rate at  the
    27  time  of  the  member's entry into such police department cadet service,
    28  his or her annual rate of compensation at that time, and the  period  of
    29  police  department  cadet  service being claimed, with regular interest.
    30  Such deposit must be made within one year of the date of election by the
    31  participating employer, provided  however,  such  member  may  elect  to
    32  deposit such amount over a period of time no greater than the period for
    33  which credit is being claimed, in which case such payments must commence
    34  within  one  year of the date of election by the participating employer.
    35  If the full amount of such  payments  is  not  paid  to  the  retirement
    36  system,  the  amount  of  service  credited shall be proportional to the
    37  total amount of the payments made.
    38    § 210. The opening paragraph of subdivision b, and subdivisions d  and
    39  g  of section 385 of the retirement and social security law, as added by
    40  chapter 1000 of the laws of 1966, are amended to read as follows:
    41    Any member in the department, including the  commissioner  of  police,
    42  who  so  elected,  on  or  before January first, nineteen hundred forty-
    43  eight, to contribute to the New York state and local employees'  retire-
    44  ment  system pursuant to the provisions of former section eighty-five of
    45  this chapter in effect prior to April first, nineteen hundred sixty-sev-
    46  en, shall contribute to the [policemen's and firemen's] police and  fire
    47  retirement system on the basis of retirement upon his or her:
    48    d.  Subject to the provisions of subdivisions b and c of this section,
    49  every employee in the service of such department who is not a member  of
    50  the  [policemen's  and  firemen's] police and fire retirement system may
    51  elect to become a member.  He or she thereupon shall contribute  to  the
    52  [policemen's  and firemen's] police and fire retirement system under the
    53  provisions of this section and be entitled to benefits  as  provided  in
    54  this  section.  No  such  employee,  however,  shall be given credit for
    55  service rendered prior to May sixth, nineteen hundred forty-six,  unless
    56  he  or  she  became  a member of the New York state and local employees'

        A. 8321--C                         105
 
     1  retirement system on or before January first,  nineteen  hundred  forty-
     2  eight and has subsequently become a member of the [policemen's and fire-
     3  men's] police and fire retirement system. Any such employee who became a
     4  member  of the New York state and local employees' retirement system, on
     5  or before January first, nineteen hundred forty-eight,  and  has  subse-
     6  quently  become  a  member of the [policemen's and firemen's] police and
     7  fire  retirement system shall be entitled to credit for past service  in
     8  the  department as if he or she had become a member when first eligible.
     9  Such employee, however, shall pay the contributions he or she would have
    10  made prior to such date had he or she been a member during such service.
    11  The amount of such contributions shall be paid in a lump sum or in  such
    12  installments  as the comptroller shall approve. In lieu of such payment,
    13  however, such employee may receive on retirement the  benefit  otherwise
    14  provided  by  this section, less such annuity as is the actuarial equiv-
    15  alent of such unpaid contributions.
    16    g. The increased pensions to members of the department, as provided by
    17  this section, shall be paid from additional contributions  made  by  the
    18  county  on  account of such members. The actuary of the [policemen's and
    19  firemen's] police and fire retirement system  shall  compute  the  addi-
    20  tional  contribution  for  each  member  who elects the special benefits
    21  provided under this section.  Such  additional  contributions  shall  be
    22  computed on the basis of contributions during the prospective service of
    23  such member which will cover the liability of the [policemen's and fire-
    24  men's]  police  and fire retirement system for such extra pensions. Upon
    25  approval by the comptroller,  such  additional  contributions  shall  be
    26  certified  by  him  or  her  to  the county executive of the county. The
    27  amount thereof shall be included in  the  annual  appropriation  of  the
    28  county  for  county  police. Such amount shall be paid on the warrant of
    29  the county comptroller to the pension accumulation fund of the  [police-
    30  men's  and  firemen's]  police and fire retirement system.  Every member
    31  entering or re-entering the department on and after May sixth,  nineteen
    32  hundred  forty-six,  shall retire on the first day of the calendar month
    33  next succeeding his or her attainment of age fifty-nine.
    34    § 211. The opening paragraph of subdivision b  and  subdivision  f  of
    35  section 386 of the retirement and social security law, as added by chap-
    36  ter 1000 of the laws of 1966, are amended to read as follows:
    37    Any  member  in  service in such department on January first, nineteen
    38  hundred fifty-eight, who elected, on  or  before  July  first,  nineteen
    39  hundred  fifty-eight,  to  contribute  to  the New York state employees'
    40  retirement system pursuant to the provisions of former  section  eighty-
    41  six  of  this  chapter, in effect prior to April first, nineteen hundred
    42  sixty-seven, shall contribute to the [policemen's and firemen's]  police
    43  and fire retirement system on the basis of retirement upon his or her:
    44    f.  The  increased pensions to members of such department, as provided
    45  by this section, shall be paid from additional contributions made by the
    46  county on account of such members. The actuary of the  [policemen's  and
    47  firemen's]  police  and  fire  retirement system shall compute the addi-
    48  tional contribution for each member  who  elects  the  special  benefits
    49  provided  under  this  section.  Such  additional contributions shall be
    50  computed on the basis of contributions during the prospective service of
    51  such member which will cover the liability of the [policemen's and fire-
    52  men's] police and fire retirement system for such extra  pensions.  Upon
    53  the  approval by the comptroller, such additional contributions shall be
    54  certified by him or her to the  county  executive  of  the  county.  The
    55  amount  thereof  shall  be  included  in the annual appropriation of the
    56  county for the Westchester county  parkway  police  force.  Such  amount

        A. 8321--C                         106
 
     1  shall  be paid on the warrant of the county department of finance to the
     2  pension accumulation fund of the [policemen's and firemen's] police  and
     3  fire retirement system.
     4    §  212.  The  opening  paragraph of subdivision b and subdivision f of
     5  section 387 of the retirement and social security law, as added by chap-
     6  ter 1000 of the laws of 1966, are amended to read as follows:
     7    Any member in service in such department, including  the  commissioner
     8  of  police, on January first, nineteen hundred sixty, who elected, on or
     9  before July first, nineteen hundred sixty, to contribute to the New York
    10  state employees' retirement system pursuant to the provisions of  former
    11  section  eighty-seven  of  this chapter, in effect prior to April first,
    12  nineteen hundred sixty-seven, shall contribute to the  [policemen's  and
    13  firemen's]  police and fire retirement system on the basis of retirement
    14  upon his or her:
    15    f. The increased pensions to members of such department,  as  provided
    16  by this section, shall be paid from additional contributions made by the
    17  county  on  account of such members. The actuary of the [policemen's and
    18  firemen's] police and fire retirement system  shall  compute  the  addi-
    19  tional  contribution  for  each  member  who elects the special benefits
    20  provided under this section.  Such  additional  contributions  shall  be
    21  computed on the basis of contributions during the prospective service of
    22  such member which will cover the liability of the [policemen's and fire-
    23  men's]  police  and fire retirement system for such extra pensions. Upon
    24  approval by the comptroller,  such  additional  contributions  shall  be
    25  certified  by  him  or  her  to  the county executive of the county. The
    26  amount thereof shall be included in  the  annual  appropriation  of  the
    27  county  for  the  Suffolk county police department. Such amount shall be
    28  paid on the warrant of the comptroller of  the  county  to  the  pension
    29  accumulation  fund  of  the  [policemen's and firemen's] police and fire
    30  retirement system.
    31    § 213. Paragraph 3 of subdivision a of section 388 of  the  retirement
    32  and  social security law, as amended by chapter 939 of the laws of 1983,
    33  is amended to read as follows:
    34    3. "Service in such department." Full time duty as a [policeman, fire-
    35  man] police officer, firefighter or police, fire officer or commissioner
    36  of the department.
    37    § 214. Subdivision a, subparagraph (b) of paragraph 1  of  subdivision
    38  b,  and  subparagraphs  (a)  and  (b) of paragraph 2 of subdivision c of
    39  section 401 of the retirement and social security law, as added by chap-
    40  ter 1000 of the laws of 1966, are amended to read as follows:
    41    a. If a retired member, receiving a  retirement  allowance  for  other
    42  than  physical  disability,  returns to active public service, except as
    43  otherwise provided in this section or sections two hundred eleven or two
    44  hundred twelve of this chapter, and is eligible for  membership  in  the
    45  [policemen's and firemen's] police and fire retirement system, he or she
    46  thereupon  shall  become  a  member  and his or her retirement allowance
    47  shall cease. In such event, he or she shall contribute to  the  [police-
    48  men's  and  firemen's] police and fire retirement system as if he or she
    49  were a new member.  Upon his subsequent retirement he or she shall:
    50    1. Be credited with all member service earned by him or her  since  he
    51  or  she  last  became a member of the [policemen's and firemen's] police
    52  and fire retirement system, and
    53    2. Received a retirement allowance which shall consist of:
    54    (a) An annuity which is the actuarial equivalent of  all  his  or  her
    55  accumulated contributions, and

        A. 8321--C                         107
 
     1    (b)  The  pension  including the pension-providing-for-increased-take-
     2  home-pay which he or she was receiving immediately prior to his  or  her
     3  last  restoration  to  membership, plus a pension including the pension-
     4  providing-for-increased-take-home-pay  based  upon  the  member  service
     5  credit  earned by him or her since he or she last became a member.  Such
     6  latter pensions shall be computed as if he or she were a new member when
     7  he or she last became a member.
     8    Where such member shall have earned  at  least  two  years  of  member
     9  service  credit  after  restoration to active service, the total service
    10  credit to which he or she was entitled at the time of his or her earlier
    11  retirement may, at his or her option, again be credited to  him  or  her
    12  and upon his or her subsequent retirement he or she shall be credited in
    13  addition  with all member service earned by him or her subsequent to his
    14  or her last restoration to membership.  Such  total  service  credit  to
    15  which  he  or she was entitled at the time of his or her earlier retire-
    16  ment shall be so credited only in the event that such member returns  to
    17  the  [policemen's  and firemen's] police and fire retirement system with
    18  regular interest the actuarial equivalent of the amount of  the  retire-
    19  ment  allowance  he or she received, or in the event that such amount is
    20  not so repaid the actuarial equivalent thereof shall  be  deducted  from
    21  his or her subsequent retirement allowance.
    22    Notwithstanding  the  foregoing  provisions  of  this  subdivision,  a
    23  retired member who is receiving a retirement allowance  for  other  than
    24  physical disability, and who returns to active public service, may elect
    25  not  to  be  restored  to  membership in the [policemen's and firemen's]
    26  police and fire retirement system until he or she has rendered one  year
    27  of  service following his or her return to public service. In such event
    28  his or her retirement allowance shall be suspended during such  year  of
    29  service  as  provided in subdivision b of this section. Upon restoration
    30  to membership following completion of such year of service, his  or  her
    31  service  in  such  year shall be deemed to be service while a member for
    32  purposes of subdivision b of section three hundred sixty of  this  chap-
    33  ter.  He  or she may purchase member service credit for such year, which
    34  shall be deemed earned member service credit. This paragraph  shall  not
    35  be construed to authorize the return to public service of any person who
    36  is  otherwise  not  eligible  therefor  on account of having reached age
    37  seventy.
    38    If a retired member receiving a retirement allowance  for  other  than
    39  physical disability, returns to active public service, and is then inel-
    40  igible for membership in the [policemen's and firemen's] police and fire
    41  retirement system, his or her retirement allowance shall be suspended in
    42  the same manner as provided in subdivision b of this section.
    43    (b)  For  service  pursuant to subdivision c of this section where the
    44  retired member continues as a beneficiary of the [policemen's and  fire-
    45  men's] police and fire retirement system.
    46    (a)  Upon written notice to the comptroller, receive from the [police-
    47  men's and firemen's] police and fire retirement system the then  present
    48  value of the annuity earned by his or her accumulated contributions, and
    49  upon  receipt  thereof cease to be a beneficiary of the [policemen's and
    50  firemen's] police and fire retirement system, or
    51    (b) Continue as a  beneficiary  of  the  [policemen's  and  firemen's]
    52  police  and  fire retirement system, but with payments of any retirement
    53  allowance or any benefit in lieu thereof, on account of  retirement  for
    54  other  than  physical disability, suspended during the time he or she is
    55  in receipt of compensation for state or public service. Such  suspension

        A. 8321--C                         108
 
     1  shall be governed by the provisions of paragraphs two, three and four of
     2  subdivision b of this section.
     3    §  215.  Paragraph  2  of subdivision b and subdivisions c, d and e of
     4  section 402 of the retirement and social security law,  paragraph  2  of
     5  subdivision  b  as  amended by chapter 783 of the laws of 1987, subdivi-
     6  sions c and d as added by chapter 1000 of the laws of 1966, and subdivi-
     7  sion e as added by chapter 815 of the laws of 1977, are amended to  read
     8  as follows:
     9    2. An amount which, when added to an annuity, as so computed, plus the
    10  sum earned by him or her, shall equal his or her final salary.
    11    In  the  case  where  an  optional  benefit  has  been  selected, such
    12  reduction shall be the same as the reduction  would  have  been  without
    13  optional modification. Where such reduction is greater than the pension,
    14  including   the  pension-providing-for-increased-take-home-pay,  payable
    15  under the option selected, the excess may be paid by the pensioner  into
    16  the  funds of the [policemen's and firemen's] police and fire retirement
    17  system, in which case the benefit due under the option shall be paid  as
    18  if no reduction had occurred. If such excess is not paid by the pension-
    19  er,  the  benefit otherwise due under the option shall be reduced by the
    20  actuarial equivalent of such excess. In no event shall  the  payment  to
    21  the  funds be greater than the difference between the pension, including
    22  the  pension-providing-for-increased-take-home-pay,   without   optional
    23  modification  and  the  pension, including the pension-providing-for-in-
    24  creased-take-home-pay, under the option selected. The pension, including
    25  the  pension-providing-for-increased-take-home-pay   of   a   disability
    26  pensioner,  shall not be reduced after he or she has attained the manda-
    27  tory retirement age applicable to him or her or shall have attained  the
    28  age  or  performed the period of service specified by applicable law for
    29  eligibility for a service retirement benefit.
    30    c. In the event that the comptroller shall determine that a disability
    31  beneficiary is able to engage in a gainful occupation, he or she  shall,
    32  if such beneficiary so requires, certify the name of such beneficiary to
    33  the  state civil service department or appropriate civil service commis-
    34  sion.  The state civil service department or such  municipal  commission
    35  shall  place  the  name of such beneficiary, as a preferred eligible, on
    36  the appropriate eligible lists prepared by it for  positions  for  which
    37  such beneficiary is stated to be qualified in a salary grade not exceed-
    38  ing  that from which he or she was last retired. If any such beneficiary
    39  shall be offered a position as a result of the placing  of  his  or  her
    40  name on any such civil service list, the amount of his or her disability
    41  pension,  including  the  pension-providing-for-increased-take-home-pay,
    42  shall be reduced. Such reduction shall be to an amount which, when added
    43  to the amount earned or earnable by him or her in such  position,  shall
    44  not exceed his or her final salary. A disability beneficiary restored to
    45  active  service  shall not be eligible to membership in the [policemen's
    46  and firemen's] police and fire retirement system so long as  he  or  she
    47  receives  any  pension,  including  the pension-providing-for-increased-
    48  take-home-pay.
    49    d. In the event that a disability beneficiary is  restored  to  active
    50  service  of an employer, at a salary equal to or in excess of his or her
    51  final salary, his or her retirement allowance shall cease.  Such  person
    52  thereupon again shall become a member of the [policemen's and firemen's]
    53  police and fire retirement system. He or she thereafter shall contribute
    54  to  the [policemen's and firemen's] police and fire retirement system in
    55  the same manner as and at the same rate that he or she paid prior to his
    56  or her disability retirement. The total service credit, to which  he  or

        A. 8321--C                         109
 
     1  she was entitled at the time of such retirement, again shall be credited
     2  to  him or her.  Upon his [subesequent] or her subsequent retirement, he
     3  or she shall be credited, in addition, with all member service earned by
     4  him or her subsequent to his or her last restoration to membership.
     5    e.  In  the  event  that  a  disability  retiree is restored to active
     6  service of an employer, at a salary less than his or  her  final  salary
     7  but equal to or in excess of the current minimum salary for the position
     8  from which he or she was last retired for disability, such person, if he
     9  or  she  so  elects, shall again become a member of the [policemen's and
    10  firemen's] police and fire retirement system and his or  her  retirement
    11  allowance  shall  cease.  He  or  she thereafter shall contribute to the
    12  [policemen's and firemen's] police and fire  retirement  system  in  the
    13  same  manner as and at the same rate that he or she paid prior to his or
    14  her disability retirement.  The total service credit, to which he or she
    15  was entitled at the time of such retirement, again shall be credited  to
    16  him or her. Upon his subsequent retirement, he or she shall be credited,
    17  in  addition, with all member service earned by him or her subsequent to
    18  his or her last restoration to membership.
    19    § 216. Subdivision a and paragraphs  3  and  4  of  subdivision  b  of
    20  section 413 of the retirement and social security law, as added by chap-
    21  ter 1000 of the laws of 1966, are amended to read as follows:
    22    a. No other provision of law in any other statute which provides whol-
    23  ly  or partly at the expense of the state or of a participating employer
    24  for pensions, retirement benefits, emoluments or awards for employees in
    25  police or fire service, their widows or widowers  or  other  dependents,
    26  shall  apply  to  members or beneficiaries of the [policemen's and fire-
    27  men's] police and fire retirement system established  by  this  article,
    28  their [wiodws] widows, widowers or other dependents.
    29    3.  Prevent  the extension of old-age and survivors insurance coverage
    30  to members of the [policemen's and firemen's] police and fire retirement
    31  system or the receipt of benefits therefrom by such members, their wives
    32  or husbands or widows or widowers or their other dependents.
    33    4. Prevent a member of the [policemen's and firemen's] police and fire
    34  retirement system whose membership is authorized by  paragraph  nine  of
    35  subdivision  c  of  section  three  hundred  forty of this article, from
    36  receiving, upon his or her subsequent retirement from  the  [policemen's
    37  and  firemen's]  police  and  fire  retirement system, benefits based on
    38  service not included in that upon which his or her retirement or pension
    39  from another pension or retirement system is or would be based.
    40    § 217. Section 418 of the retirement and social security law, as added
    41  by chapter 859 of the laws of 1980, is amended to read as follows:
    42    § 418. Additional benefit authorized with respect to the city of Yonk-
    43  ers.  Notwithstanding any contrary provision of law, the city of Yonkers
    44  may by local law, ordinance or resolution,  provide  a  benefit  of  two
    45  hundred  fifty  dollars  a month to the widow or widower, and members of
    46  the family, of retired Yonkers' [policemen and firemen] police  officers
    47  and firefighters who were members of the New York state [policemen's and
    48  firemen's]  and  local  police and fire retirement system at the time of
    49  their death; provided, however, the benefit may be paid only  to  survi-
    50  vors  who were receiving benefits pursuant to Local Laws seven and eight
    51  of the city of Yonkers for the year of nineteen hundred  sixty-eight  on
    52  or before the effective date of this section.
    53    §  218.  Subdivisions  2  and  5  of section 421 of the retirement and
    54  social security law, as added by chapter 306 of the laws  of  1967,  are
    55  amended to read as follows:

        A. 8321--C                         110
 
     1    2.  The  term  "[policemen's and firemen's] police and fire retirement
     2  system" shall mean the New York state [policemen's  and  firemen's]  and
     3  local police and fire retirement system.
     4    5. The term "actuary" shall mean the actuary of the employees' retire-
     5  ment  system  acting  jointly  with  the actuary of the [policemen's and
     6  firemen's] police and fire retirement system.
     7    § 219. Subdivision 1 of section 422 of the retirement and social secu-
     8  rity law, as added by chapter 306 of the laws of  1967,  is  amended  to
     9  read as follows:
    10    1.  There  is  hereby  established a fund, in the custody of the comp-
    11  troller, to be known as the common retirement fund.  Notwithstanding any
    12  other provision of this chapter, all of the assets  and  income  of  the
    13  employees'  retirement  system  and  of  the [policemen's and firemen's]
    14  police and fire retirement system shall be held by  the  comptroller  as
    15  trustee  of such fund, except as such assets and income may be allocated
    16  or distributed to the funds of  each  retirement  system  by  the  comp-
    17  troller.
    18    § 220. Section 425 of the retirement and social security law, as added
    19  by chapter 306 of the laws of 1967, is amended to read as follows:
    20    § 425. Separability of retirement systems.  No provision of this arti-
    21  cle shall be construed as an impairment of the separability of or of the
    22  corporate  powers  and privileges of the employees' retirement system or
    23  the [policemen's and firemen's] police and fire retirement  system.  The
    24  comptroller  shall establish or continue separate funds and accounts for
    25  each retirement system, consistent with the common retirement fund here-
    26  in provided for, as may be required to carry out the  separate  purposes
    27  and privileges of each retirement system.
    28    § 221. Subdivision c of section 443 of the retirement and social secu-
    29  rity  law,  as  added  by chapter 784 of the laws of 1987, is amended to
    30  read as follows:
    31    c. Notwithstanding the provisions of subdivisions  a  and  b  of  this
    32  section,  with  respect  to  [policemen and firemen] police officers and
    33  firefighters as defined in section four hundred fifty of  this  chapter,
    34  the  final  average  salary  of  an  employee who has been a member of a
    35  retirement system for less than one year shall be the projected one year
    36  salary, with the calculation based upon a twelve month projection of the
    37  sums earned in the portion of the year worked.  If  a  member  has  been
    38  employed  for  more  than  one  year  but  less than two years, then the
    39  member's final average salary shall be the average of the first year and
    40  projected second year earnings based upon the calculation above, and  if
    41  more than two years, but less than three years, then one-third the total
    42  of  the  first  two  years of employment plus the projected third year's
    43  earnings, calculated as indicated above.
    44    § 222. Subdivision a of section 445 of the retirement and social secu-
    45  rity law, as amended by chapter 295 of the laws of 2007, is  amended  to
    46  read as follows:
    47    a.  No  member of a retirement system who is subject to the provisions
    48  of this article shall retire without regard to age, exclusive of retire-
    49  ment for disability, unless he or she is a [policeman]  police  officer,
    50  an  investigator  member  of  the  New  York  city employees' retirement
    51  system, [fireman] firefighter, correction officer, a  qualifying  member
    52  as  defined  in  section  eighty-nine-t, as added by chapter six hundred
    53  fifty-seven of the laws of nineteen hundred ninety-eight, of this  chap-
    54  ter,  sanitation  [man]  worker,  a  special  officer (including persons
    55  employed by the city of New York in the title urban park ranger or asso-
    56  ciate urban park ranger), school safety agent, campus peace officer or a

        A. 8321--C                         111
 
     1  taxi and limousine commission inspector member  of  the  New  York  city
     2  employees'  retirement  system  or  the New York city board of education
     3  retirement system, a dispatcher member of the New York  city  employees'
     4  retirement  system,  a police communications member of the New York city
     5  employees' retirement system, an EMT member of the New York city employ-
     6  ees' retirement system, a deputy sheriff member of  the  New  York  city
     7  employees'  retirement  system,  a correction officer of the Westchester
     8  county correction department as defined in section eighty-nine-e of this
     9  chapter or employed in Suffolk county as a peace officer, as defined  in
    10  section  eighty-nine-s, as added by chapter five hundred eighty-eight of
    11  the laws of nineteen hundred ninety-seven, of this chapter, employed  in
    12  Suffolk  county  as  a correction officer, as defined in section eighty-
    13  nine-f of this chapter, or employed in Nassau  county  as  a  correction
    14  officer,  uniformed correction division personnel, sheriff, undersheriff
    15  or deputy sheriff, as defined in section eighty-nine-g of this  chapter,
    16  or  employed  in  Nassau  county  as an ambulance medical technician, an
    17  ambulance medical technician/supervisor or a member who  performs  ambu-
    18  lance  medical technician related services, as defined in section eight-
    19  y-nine-s, as amended by chapter five hundred seventy-eight of  the  laws
    20  of nineteen hundred ninety-eight, of this chapter, or employed in Nassau
    21  county as a peace officer, as defined in section eighty-nine-s, as added
    22  by  chapter  five  hundred  ninety-five  of the laws of nineteen hundred
    23  ninety-seven, of this chapter, or employed in Albany county as  a  sher-
    24  iff,  undersheriff, deputy sheriff, correction officer or identification
    25  officer, as defined in section  eighty-nine-h  of  this  chapter  or  is
    26  employed in St. Lawrence county as a sheriff, undersheriff, deputy sher-
    27  iff  or  correction officer, as defined in section eighty-nine-i of this
    28  chapter or is employed in Orleans county  as  a  sheriff,  undersheriff,
    29  deputy   sheriff   or   correction   officer,   as  defined  in  section
    30  eighty-nine-l of this chapter or is employed in Jefferson  county  as  a
    31  sheriff,  undersheriff, deputy sheriff or correction officer, as defined
    32  in section eighty-nine-j of this chapter  or  is  employed  in  Onondaga
    33  county as a deputy sheriff-jail division competitively appointed or as a
    34  correction  officer, as defined in section eighty-nine-k of this chapter
    35  or is employed in a county which makes an election under  subdivision  j
    36  of  section  eighty-nine-p  of  this chapter as a sheriff, undersheriff,
    37  deputy sheriff or correction officer as defined in such section  eighty-
    38  nine-p or is employed in Broome County as a sheriff, undersheriff, depu-
    39  ty sheriff or correction officer, as defined in section eighty-nine-m of
    40  this  chapter  or  is  a Monroe county deputy sheriff-court security, or
    41  deputy sheriff-jailor as defined in section eighty-nine-n, as  added  by
    42  chapter  five hundred ninety-seven of the laws of nineteen hundred nine-
    43  ty-one, of this chapter or is employed in Greene county  as  a  sheriff,
    44  undersheriff,  deputy  sheriff  or  correction  officer,  as  defined in
    45  section eighty-nine-o of this chapter or is a traffic officer  with  the
    46  town of Elmira as defined in section eighty-nine-q of this chapter or is
    47  employed  by  Suffolk  county  as  a  park police officer, as defined in
    48  section eighty-nine-r of this chapter or is a peace officer employed  by
    49  a  county  probation  department as defined in section eighty-nine-t, as
    50  added by chapter six hundred three of the laws of nineteen hundred nine-
    51  ty-eight, of this chapter or is employed in Rockland county as a  deputy
    52  sheriff-civil  as  defined  in  section eighty-nine-v of this chapter as
    53  added by chapter four hundred forty-one of the laws of two thousand one,
    54  or is employed in Rockland county as a superior  correction  officer  as
    55  defined  in  section  eighty-nine-v  of this chapter as added by chapter
    56  five hundred fifty-six of the laws of two thousand one or is a paramedic

        A. 8321--C                         112

     1  employed by the police department in the town of Tonawanda  and  retires
     2  under  the provisions of section eighty-nine-v of this chapter, as added
     3  by chapter four hundred seventy-two of the laws of two thousand one,  or
     4  is  a  county  fire  marshal,  supervising  fire  marshal, fire marshal,
     5  assistant fire marshal, assistant  chief  fire  marshal  or  chief  fire
     6  marshal  employed  by the county of Nassau as defined in section eighty-
     7  nine-w of this chapter and is in a plan which permits immediate  retire-
     8  ment  upon completion of a specified period of service without regard to
     9  age. Except as provided in subdivision c of section four hundred  forty-
    10  five-a  of  this  article,  subdivision c of section four hundred forty-
    11  five-b of this article, subdivision c of  section  four  hundred  forty-
    12  five-c   of   this  article,  subdivision  c  of  section  four  hundred
    13  forty-five-d of this article, subdivision  c  of  section  four  hundred
    14  forty-five-e  of  this  article,  subdivision  c of section four hundred
    15  forty-five-f of this article and subdivision c of section  four  hundred
    16  forty-five-h  of this article, a member in such a plan and such an occu-
    17  pation, other than a [policeman] police officer or  investigator  member
    18  of  the  New York city employees' retirement system or a [fireman] fire-
    19  fighter, shall not be permitted to retire prior  to  the  completion  of
    20  twenty-five  years  of  credited  service;  provided, however, if such a
    21  member in such an occupation is in a plan which permits retirement  upon
    22  completion  of  twenty years of service regardless of age, he or she may
    23  retire upon completion of twenty years of credited service and prior  to
    24  the  completion  of  twenty-five years of service, but in such event the
    25  benefit provided from funds other than those based on  such  a  member's
    26  own contributions shall not exceed two per centum of final average sala-
    27  ry per each year of credited service.
    28    §  223.  Paragraph 3 of subdivision b of section 500 of the retirement
    29  and social security law, as amended by chapter 42 of the laws  of  1977,
    30  is amended to read as follows:
    31    3.  Enter  the  employment of a public employer which participates for
    32  such employees in the New York state  [policemen's  and  firemen's]  and
    33  local  police  and  fire  retirement  system shall be required to become
    34  members or shall be  eligible  or  ineligible  for  membership  in  such
    35  retirement  system in the manner provided for by the relevant provisions
    36  of this chapter.
    37    § 224. Subdivisions 13, 21 and 23 of section 501 of the retirement and
    38  social security law, as added by chapter 890 of the laws  of  1976,  are
    39  amended to read as follows:
    40    13.  "Head  of the retirement system" shall mean the comptroller, with
    41  respect to the state employees' retirement system and the state [police-
    42  men's and firemen's] and local police and fire  retirement  system,  and
    43  the  retirement  board  of  the  other  public retirement systems of the
    44  state.
    45    21. "Police/fire member" shall mean a member subject to the provisions
    46  of this article who, if employed in the same capacity on June thirtieth,
    47  nineteen hundred seventy-six, would have been eligible for membership in
    48  the New York state [policemen's and firemen's] and local police and fire
    49  retirement system, the New York city police pension fund or the New York
    50  city fire department pension fund, or for participation in the uniformed
    51  transit police force plan or housing police force plan in the  New  York
    52  city employees' retirement system.
    53    23.  "Public  retirement  system of the state" shall mean the New York
    54  state employees' retirement system,  New  York  state  [policemen's  and
    55  firemen's]  and  local police and fire retirement system, New York state
    56  teacher's retirement system, New York city employees' retirement system,

        A. 8321--C                         113
 
     1  New York city teacher's retirement system, New York city police  pension
     2  fund,  New  York city fire department pension fund and the New York city
     3  board of education retirement system.
     4    § 225. Subdivision b of section 508 of the retirement and social secu-
     5  rity  law,  as  amended by chapter 18 of the laws of 2012, is amended to
     6  read as follows:
     7    b. A member of a retirement system subject to the provisions  of  this
     8  article  who  is  a  [policeman,  fireman]  police officer, firefighter,
     9  correction officer, investigator revised plan member or sanitation [man]
    10  worker and  is  in  a  plan  which  permits  immediate  retirement  upon
    11  completion of a specified period of service without regard to age or who
    12  is  subject  to  the  provisions  of  section  five hundred four or five
    13  hundred five of this article, shall upon completion of  ninety  days  of
    14  service  be  covered  for  financial protection in the event of death in
    15  service pursuant to this subdivision. Such death benefit shall be  equal
    16  to  three  times the member's salary raised to the next highest multiple
    17  of one thousand dollars, but in no event shall it exceed three times the
    18  maximum salary specified in section one  hundred  thirty  of  the  civil
    19  service  law  or,  in  the case of a member of a retirement system other
    20  than the New York city employees' retirement system, or in the case of a
    21  member of the New York city employees' retirement system who  is  a  New
    22  York  city  uniformed  correction/sanitation  revised  plan member or an
    23  investigator revised plan member, the specific limitations specified for
    24  age of entrance into service contained in subparagraphs (b),  (c),  (d),
    25  (e) and (f) of paragraph two of subdivision a of this section.
    26    §  226.  Paragraph 1 of subdivision h of section 551 of the retirement
    27  and social security law, as amended by chapter 542 of the laws of  2015,
    28  is amended to read as follows:
    29    1. As used in this section "creditable service" shall include, any and
    30  all  services  performed  as  a sheriff, undersheriff or deputy sheriff,
    31  provided, however, that criminal law enforcement service shall  only  be
    32  creditable  when  it  aggregates  fifty per centum or more of his or her
    33  service as a deputy sheriff. Credit for service as a member  or  officer
    34  of  the  state  police  or  as  a paid [fireman, policeman] firefighter,
    35  police officer or officer of any organized  fire  department  or  police
    36  force or department of any county, city, village, town, fire district or
    37  police  district,  or  as  a  criminal  investigator  in the office of a
    38  district attorney, provided that service as such investigator shall have
    39  been rendered prior to January first, nineteen hundred  sixty  and  that
    40  credit  therefor shall not exceed five years, shall also be deemed to be
    41  creditable service and shall be included in  computing  years  of  total
    42  service  for  retirement pursuant to this section, provided such service
    43  was performed by the member while contributing to the retirement  system
    44  pursuant  to  the  provisions  of  this article or article eight of this
    45  chapter.
    46    § 227. Paragraph 3 of subdivision j of section 552 of  the  retirement
    47  and  social security law, as amended by chapter 542 of the laws of 2015,
    48  is amended to read as follows:
    49    3. Credit for service as a member or officer of the state police or as
    50  a paid [fireman, policeman] firefighter, police officer  or  officer  of
    51  any organized fire department or police force or department of any coun-
    52  ty, city, village, town, fire district or police district, or as a crim-
    53  inal  investigator  in  the office of a district attorney, provided that
    54  service as such investigator shall have been rendered prior  to  January
    55  first,  nineteen hundred sixty and that credit therefor shall not exceed
    56  five years, shall also be deemed to be creditable service and  shall  be

        A. 8321--C                         114
 
     1  included  in computing years of total service for retirement pursuant to
     2  this section, provided such service was performed by  the  member  while
     3  contributing to the retirement system pursuant to the provisions of this
     4  article or article eight of this chapter.
     5    § 228. Subdivision b of section 606 of the retirement and social secu-
     6  rity  law,  as amended by chapter 601 of the laws of 1997, is amended to
     7  read as follows:
     8    b. A member of a retirement system subject to the provisions  of  this
     9  article  who  is  a  [policeman,  fireman]  police officer, firefighter,
    10  correction officer or sanitation [man] worker and is  in  a  plan  which
    11  permits  immediate  retirement  upon completion of a specified period of
    12  service without regard to age or who is subject  to  the  provisions  of
    13  section six hundred four of this article, shall upon completion of nine-
    14  ty  days  of service be covered for financial protection in the event of
    15  death in service pursuant to this subdivision. Such death benefit  shall
    16  be  equal  to three times the member's salary raised to the next highest
    17  multiple of one thousand dollars, but in no event shall it exceed  three
    18  times  the maximum salary specified in section one hundred thirty of the
    19  civil service law or, in the case of a member  of  a  retirement  system
    20  other  than the New York city employees' retirement system, the specific
    21  limitations specified for age of  entrance  into  service  contained  in
    22  subparagraphs (b), (c), (d), (e) and (f) of paragraph two of subdivision
    23  a of this section.
    24    §  229. Subsection (j) of section 3221 of the insurance law is amended
    25  to read as follows:
    26    (j) No policy of group or blanket accident and health insurance  shall
    27  be  issued  as excess coverage for volunteer [firemen] firefighters over
    28  and above the coverage provided for pursuant  to  the  volunteer  [fire-
    29  men's]  firefighters' benefit law unless such excess policy provides for
    30  each of the types of coverages set forth in subdivision one  of  section
    31  five  of  such  law.  Any  excess  policy  which  does  not contain such
    32  provisions shall be construed as if such coverages were embodied  there-
    33  in.
    34    §  230.  Subparagraph  (C) of paragraph 2 of subsection (a) of section
    35  4208 of the insurance law is amended to read as follows:
    36    (C) "Applications" means individual applications for policies of  life
    37  insurance,  except that in the case of volunteer [firemen] firefighters,
    38  it shall also mean applications for enrollment for coverage to be issued
    39  under group life insurance policies applied for by not less  than  twen-
    40  ty-five  associations or organizations of volunteer [firemen] firefight-
    41  ers in accordance with the provisions of paragraph seven  of  subsection
    42  (b) of section four thousand two hundred sixteen of this article.
    43    §  231. Paragraph 7 of subsection (b) of section 4216 of the insurance
    44  law, as amended by chapter 24 of the laws of 1988, is amended to read as
    45  follows:
    46    (7) A policy insuring the members of one or more troops  or  units  of
    47  the  state troopers or state police of any state, issued to the command-
    48  ing officer of the state troopers or state police, who shall  be  deemed
    49  the  policyholder,  the  premium  on  which is to be paid by the members
    50  insured; or a policy covering the members of one or more  duly  incorpo-
    51  rated  [policemen's]  police officers' benevolent associations or of one
    52  or more associations or organizations of uniformed [firemen]  firefight-
    53  ers or volunteer firefighters or volunteer ambulance workers which asso-
    54  ciation  or  organization  shall have been in existence for at least two
    55  years prior to the issuance of such policy and which shall have  twenty-
    56  five  members at the time of the issuance of such policy, which shall be

        A. 8321--C                         115
 
     1  issued to such association or to a trustee or trustees of a fund  estab-
     2  lished,  or  participated  in,  by  one  or more of such associations or
     3  organizations as the policyholder.  If  the  opportunity  to  take  such
     4  insurance  is  offered  to  all eligible members of a unit of such state
     5  troopers or state police, or to all eligible members  of  such  incorpo-
     6  rated  [policemen's]  police  officers'  benevolent association or of an
     7  association or organization of uniformed [firemen] firefighters,  volun-
     8  teer  firefighters, then not less than fifty percent of such members or,
     9  if less, fifty or more of such members may be so insured. If the  insur-
    10  ance  is  limited  to  those  eligible members who are employed as state
    11  troopers, [policemen, firemen] police officers, firefighters  or  volun-
    12  teer ambulance workers, then not less than sixty percent or five hundred
    13  of such members, whichever is less, may be so insured. Such policy shall
    14  provide  for  the  payment  of benefits, except policy dividends, to the
    15  person insured or to some beneficiary or beneficiaries, other than  such
    16  commanding officer or such association or any of its officials, as such,
    17  and  shall also provide for the issuance of a certificate to the policy-
    18  holder for delivery to the person insured or  to  such  beneficiary,  as
    19  evidence of such insurance. For the purposes of this paragraph any asso-
    20  ciation  currently  holding  premium  dividends  as a result of policies
    21  issued under this section shall be permitted to maintain said  dividends
    22  for  the  general purposes of the entire membership. For the purposes of
    23  this paragraph the term "eligible members of an association of volunteer
    24  firefighters or volunteer ambulance workers" means members  who  perform
    25  services  in  fire-fighting duties or members of a volunteer exempt fire
    26  benevolent association who are entitled to benefits  from  the  expendi-
    27  tures  of  foreign fire insurance tax moneys, including, inactive exempt
    28  volunteer firefighters as defined by section two hundred of the  general
    29  municipal  law or in ambulance-related duties, respectively. The amounts
    30  of insurance may be based upon a plan which permits a limited number  of
    31  selections by the members if the selections offered utilize a consistent
    32  pattern of grading the amounts of insurance for individual group members
    33  so that the resulting pattern of coverage is reasonable.
    34    §  232.  Clause (iii) of subparagraph (D) of paragraph 3 of subsection
    35  (a) of section 4237 of the insurance law is amended to read as follows:
    36    (iii) any fire  corporation  incorporated  under  or  subject  to  the
    37  provisions  of section one thousand four hundred two of the not-for-pro-
    38  fit corporation law, or any general or special law, if such  corporation
    39  is  by  law under the general control of, or recognized as a fire corpo-
    40  ration by, the  governing  board  of  a  city,  town,  village  or  fire
    41  district,  which  municipal corporation, fire district, fire department,
    42  fire company or fire corporation, as the case may be,  shall  be  deemed
    43  the policyholder, covering all, but not less than twenty-five, volunteer
    44  members  of  such  department, company or corporation. A district corpo-
    45  ration which has the general powers of and operates as a  fire  district
    46  shall  be considered a fire district for the purposes of this paragraph.
    47  A  volunteer  [fireman]  firefighter  whose  services  are  offered  and
    48  accepted pursuant to the provisions of section two hundred nine-i of the
    49  general  municipal  law  shall  be deemed a volunteer member of any such
    50  fire department, fire company or fire corporation except for the purpose
    51  of determining the minimum number of twenty-five volunteer  members  for
    52  which any such policy or contract must provide coverage. Any such policy
    53  or  contract  issued to a municipal corporation or a fire district shall
    54  be subject to any limitations on the amount, coverage or benefits as are
    55  set forth in any applicable general, special or local  law  or  city  or
    56  village charter.

        A. 8321--C                         116

     1    §  233. Paragraph (d) of section 202 of the not-for-profit corporation
     2  law, as amended by chapter 843 of the laws of 1980, is amended  to  read
     3  as follows:
     4    (d)  A  corporation  formed  under  general  or special law to provide
     5  parks, playgrounds or cemeteries, or buildings and grounds for  camp  or
     6  grove meetings. Sunday school assemblies, cemetery purposes, temperance,
     7  missionary, educational, scientific, musical and other meetings, subject
     8  to  the  ordinances and police regulations of the county, city, town, or
     9  village in which such  parks,  playgrounds,  cemeteries,  buildings  and
    10  grounds  are situated, may appoint from time to time one or more special
    11  [policemen] police officers, with power to remove the same at  pleasure.
    12  Such  special  [policemen]  police  officers shall preserve order in and
    13  about such parks, playgrounds, cemeteries, buildings  and  grounds,  and
    14  the  approaches  thereto, and to protect the same from injury, and shall
    15  enforce the established rules and regulations of the corporation.  Every
    16  [policeman]  police officer so appointed shall within fifteen days after
    17  his or her appointment and before entering upon the duties of his or her
    18  office, take and subscribe the oath of office prescribed  in  the  thir-
    19  teenth  article of the constitution of the state of New York, which oath
    20  shall be filed in the office of the county clerk  of  the  county  where
    21  such  grounds are situated. A [policeman] police officer appointed under
    22  this section when on duty shall wear  conspicuously  a  metallic  shield
    23  with  the  name  of the corporation which appointed him or her inscribed
    24  thereon. The compensation of [policemen] police officers appointed under
    25  this section shall  be  paid  by  the  corporation  by  which  they  are
    26  appointed.
    27    § 234. Clause (B) of subparagraph 5 of paragraph (a) of section 301 of
    28  the  not-for-profit  corporation  law,  as amended by chapter 155 of the
    29  laws of 2012, is amended to read as follows:
    30    (B) Shall not contain any of the following words, or any  abbreviation
    31  or derivative thereof:
 
    32  acceptance             fidelity               mortgage
 
    33  annuity                finance                savings
 
    34  assurance              guaranty               surety
 
    35  bank                   indemnity              title
 
    36  bond                   insurance              trust
 
    37  casualty               investment             underwriter
 
    38  doctor                 lawyer

    39  endowment              loan
 
    40  unless  the  approval  of  the  superintendent  of financial services is
    41  attached to the certificate of incorporation, or application for author-
    42  ity or amendment thereof; or that the word "doctor",  "lawyer",  or  the
    43  phrase  "state  police" or "state trooper" or an abbreviation or deriva-
    44  tion thereof, may be used in the name of a corporation the membership of
    45  which is composed exclusively of  doctors,  lawyers,  state  [policemen]
    46  police officers or state troopers, respectively.

        A. 8321--C                         117
 
     1    § 235. The paragraph heading of paragraph (c), paragraphs (d) and (g),
     2  clause  (C)  of subparagraph 1 and clause (C) of subparagraph 2 of para-
     3  graph (h), and subparagraph 1 of paragraph (i) of section  1402  of  the
     4  not-for-profit  corporation  law,  clause (C) of subparagraph 2 of para-
     5  graph  (h)  as  amended by chapter 373 of the laws of 2011, and subpara-
     6  graph 1 of paragraph (i) as amended by chapter 215 of the laws of  1978,
     7  are amended to read as follows:
     8    Appointment of [firemen] firefighters.
     9    (d) Incorporation of fire corporations in towns legalized.
    10    Any  fire,  hose, protective or hook and ladder corporation heretofore
    11  organized under any general law with the consent of the  town  board  in
    12  the  territory  served  by  such  corporation  is  hereby  legalized and
    13  confirmed, notwithstanding the omission of any town board to appoint  or
    14  confirm the members of such corporations as town [firemen] firefighters.
    15  Any  such  corporation  shall  hereafter be subject to the provisions of
    16  this section.
    17    (g) [Firemen's] Firefighters' exemption.
    18    Every active [fireman] firefighter who shall be a member of  a  corpo-
    19  ration  subject  to  the provisions of this section shall be entitled to
    20  all the rights granted by law to volunteer  [firemen]  firefighters  and
    21  every  such active [fireman] firefighter who shall meet the requirements
    22  of section two hundred of the general municipal law shall be entitled to
    23  the additional rights granted by law to exempt volunteer [firemen] fire-
    24  fighters.
    25    (C) who was, at the time of his or her election to membership, a resi-
    26  dent of the territory specified in the certificate of  incorporation  or
    27  of  territory outside such boundaries which was afforded fire protection
    28  by the fire corporation pursuant to  a  contract  for  fire  protection,
    29  shall  for  all  purposes in law be considered to have been duly elected
    30  and confirmed as a member in such fire corporation as  of  the  date  of
    31  such  confirmation,  if  any,  and, if none, then as of the date of such
    32  election; notwithstanding that there may have been some legal defect  in
    33  such election, or the proceedings precedent thereto, or a failure of the
    34  town  board  to  confirm such member, as provided by the law in force at
    35  the time of such election, and the status of such person as a  volunteer
    36  [fireman] firefighter as of the date of such confirmation or election is
    37  hereby  legalized, validated and confirmed.  This subparagraph shall not
    38  apply to a person, if any, whose volunteer membership in a  fire  corpo-
    39  ration  was  declared invalid by a court of competent jurisdiction prior
    40  to the first day of January, nineteen hundred fifty-five.
    41    (C) who was, at the time of his or her election to membership, a resi-
    42  dent of the territory specified in the certificate of  incorporation  or
    43  of  territory outside such boundaries which was afforded fire protection
    44  by the fire corporation pursuant to a contract for fire  protection,  or
    45  who  was  a  nonresident elected to membership or who was continued as a
    46  member, pursuant to the provisions of subparagraph  (A)  shall  for  all
    47  purposes  in  law be considered to have been duly elected and confirmed,
    48  or continued, as a member in such fire corporation as  of  the  date  of
    49  such  confirmation,  if  any,  and, if none, then as of the date of such
    50  election or, in the case of a continuance, as of the date  of  approval,
    51  if  any, by the town board and, if none, as of the date of authorization
    52  of continuance by the fire corporation; notwithstanding that  there  may
    53  have  been some legal defect in such election, or the proceedings there-
    54  to, or a failure of the town board to confirm the election,  or  approve
    55  the continuance of membership, of such member, as provided by the law in
    56  force  at  the  time  of such election or continuance, and the status of

        A. 8321--C                         118
 
     1  such person as a volunteer [fireman] firefighter  as  of  such  date  is
     2  hereby  legalized,  validated and confirmed. This subparagraph shall not
     3  apply to a person, if any, whose volunteer membership in a  fire  corpo-
     4  ration  was  declared invalid by a court of competent jurisdiction prior
     5  to the first day of January, two thousand eleven.
     6    (1) It shall be an unlawful discriminatory practice for any  volunteer
     7  fire department, fire company or fire corporation, through any member or
     8  members  thereof, directors, officers, members of a town board, board of
     9  fire commissioners or other body or office having power  of  appointment
    10  of volunteer [firemen] firefighters in any fire department, fire company
    11  or  fire  corporation  pursuant  to  this  section, because of the race,
    12  creed, color, national origin, sex or marital status of any  individual,
    13  to exclude or to expel from its volunteer membership such individual, or
    14  to  discriminate  against any of its members because of the race, creed,
    15  color, national origin, sex or marital status of such volunteer members.
    16    § 236. Subdivision 6 of section 504 of the tax law, as added by  chap-
    17  ter 534 of the laws of 1975, is amended to read as follows:
    18    6.  Owned  and  operated  by  any  fire  company or fire department as
    19  defined in section three  of  the  volunteer  [firemen's]  firefighters'
    20  benefit law.
    21    §  237.  Section 274 of the general business law is amended to read as
    22  follows:
    23    § 274. Assistance of [policeman] police officer  or  constable.    Any
    24  person  authorized  by  this  article  to seize and take into his or her
    25  possession any such cans may, in case of resistance, call to his or  her
    26  aid  any  police  officer  or constable of the town, village or city who
    27  shall when so  called  on  assist  him  or  her  in  seizing  or  taking
    28  possession of such cans.
    29    §  238.  The closing paragraph of section 104-b of the social services
    30  law, as added by chapter 382 of the laws of 1964  and  such  section  as
    31  renumbered  by  chapter  550  of the laws of 1971, is amended to read as
    32  follows:
    33    This section shall not apply to any claim or award which is or may  be
    34  allowed  pursuant  to the provisions of the [workmen's] workers' compen-
    35  sation law or the volunteer [firemen's] firefighters' benefit law.
    36    § 239. Paragraph (b) of subdivision 1 of section 70.02  of  the  penal
    37  law,  as amended by chapter 1 of the laws of 2013, is amended to read as
    38  follows:
    39    (b) Class C violent felony offenses: an attempt to commit any  of  the
    40  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
    41  vated criminally negligent homicide as defined in section 125.11, aggra-
    42  vated manslaughter in the second degree as defined  in  section  125.21,
    43  aggravated  sexual  abuse  in  the  second  degree as defined in section
    44  130.67, assault on a peace officer, police officer, [fireman] firefight-
    45  er or emergency medical services  professional  as  defined  in  section
    46  120.08, assault on a judge as defined in section 120.09, gang assault in
    47  the  second  degree  as  defined in section 120.06, strangulation in the
    48  first degree as defined in section 121.13, burglary in the second degree
    49  as defined in section 140.25, robbery in the second degree as defined in
    50  section 160.10, criminal possession of a weapon in the second degree  as
    51  defined  in  section  265.03,  criminal  use  of a firearm in the second
    52  degree as defined in section 265.08, criminal sale of a firearm  in  the
    53  second  degree  as defined in section 265.12, criminal sale of a firearm
    54  with the aid of a minor as defined in section 265.14, aggravated  crimi-
    55  nal  possession  of a weapon as defined in section 265.19, soliciting or
    56  providing support for an act of terrorism in the first degree as defined

        A. 8321--C                         119
 
     1  in section 490.15, hindering prosecution  of  terrorism  in  the  second
     2  degree as defined in section 490.30, and criminal possession of a chemi-
     3  cal  weapon  or  biological  weapon  in  the  third degree as defined in
     4  section 490.37.
     5    § 240. Section 120.08 of the penal law, as added by chapter 632 of the
     6  laws of 1996, is amended to read as follows:
     7  § 120.08 Assault  on  a  peace  officer, police officer, [fireman] fire-
     8             fighter or emergency medical services professional.
     9    A person is guilty of assault on  a  peace  officer,  police  officer,
    10  [fireman]  firefighter  or emergency medical services professional when,
    11  with intent to prevent a peace  officer,  police  officer,  a  [fireman]
    12  firefighter,  including a [fireman] firefighter acting as a paramedic or
    13  emergency medical technician administering first aid in  the  course  of
    14  performance  of  duty  as  such  [fireman]  firefighter, or an emergency
    15  medical service paramedic or emergency medical service technician,  from
    16  performing  a  lawful  duty, he or she causes serious physical injury to
    17  such peace officer, police officer, [fireman] firefighter, paramedic  or
    18  technician.
    19    Assault  on  a peace officer, police officer, [fireman] firefighter or
    20  emergency medical services professional is a class C felony.
    21    § 241. Intentionally omitted.
    22    § 242. Paragraph 8 of subdivision a of section  265.20  of  the  penal
    23  law, as amended by chapter 61 of the laws of 2010, is amended to read as
    24  follows:
    25    8.  The manufacturer of machine-guns, firearm silencers, assault weap-
    26  ons, large capacity ammunition feeding devices,  disguised  guns,  pilum
    27  ballistic  knives,  switchblade or gravity knives, billies or blackjacks
    28  as merchandise, or as a transferee recipient of  the  same  for  repair,
    29  lawful  distribution  or  research and development, and the disposal and
    30  shipment thereof direct to a regularly constituted or appointed state or
    31  municipal police department,  sheriff,  [policeman]  police  officer  or
    32  other  peace  officer,  or  to  a state prison, penitentiary, workhouse,
    33  county jail or other institution for the detention of persons  convicted
    34  or  accused  of  crime or held as witnesses in criminal cases, or to the
    35  military service of this state or of  the  United  States;  or  for  the
    36  repair  and  return  of the same to the lawful possessor or for research
    37  and development.
    38    § 243. Section 30 of the transportation corporations law is amended to
    39  read as follows:
    40    § 30. Special [policemen] police  officers  of  corporation  operating
    41  signal  systems.    The police department or board of police of any city
    42  may, in addition to the police force now authorized by  law,  appoint  a
    43  number  of  persons, not exceeding two hundred, who may be designated by
    44  any corporation operating a  system  of  signaling  by  telegraph  to  a
    45  central  office  for  police  assistance,  to act as special [patrolmen]
    46  patrol officer in connection with such telegraph system. And the persons
    47  so appointed shall, in and about  such  service,  have  all  the  powers
    48  possessed  by  the  members  of the regular force, except as they may be
    49  limited by and subject to the supervision  and  control  of  the  police
    50  department  or  board  of  police  of  such  city.    No person shall be
    51  appointed such special [policeman] police officer who does  not  possess
    52  the qualifications required by such police department or board of police
    53  for  such special service; and persons so appointed shall be subject, in
    54  case of emergency, to do duty as part of the regular police force of the
    55  city. The police department or board  of  police  shall  have  power  to
    56  revoke  any  such  appointment  at  any time, and every person appointed

        A. 8321--C                         120
 
     1  shall wear a badge and uniform, to be furnished by such corporation  and
     2  approved by the police department or board of police; such uniform shall
     3  be  designated  at  the  time  of the first appointment and shall be the
     4  permanent uniform to be worn by such special police, and the pay of such
     5  special [patrolmen] patrol officer and all expenses connected with their
     6  service  shall  be  wholly  paid  by such corporation, and no expense or
     7  liability shall at any time be incurred or paid by the police department
     8  or board of police of any city, for or by reason of the services of such
     9  persons so appointed.
    10    § 244. Subdivision 4 of section 303 of the multiple residence law,  as
    11  added by chapter 355 of the laws of 1958, is amended to read as follows:
    12    4. The fire department of any city, village or fire district, the fire
    13  department of any town which as such has a fire department, and any fire
    14  company  located  in  the  area  of  a  town  outside  villages and fire
    15  districts, may, with the approval of the chief executive officer or,  if
    16  there  be  none,  the  chief  administrative  body or board of the city,
    17  village or town, respectively, assign to one or more members of the fire
    18  department  or  company,  as  the  case  may  be,  the  duty  of  making
    19  inspections  of  buildings  and  properties  which  are  subject  to the
    20  provisions of this chapter and are located in the area regularly  served
    21  and  protected  by  such  fire  department  or  company  including areas
    22  protected pursuant to a contract. The purpose  of  any  such  inspection
    23  shall  be  to  determine  whether the provisions of this chapter and the
    24  rules and  regulations  adopted  and  promulgated  pursuant  thereto  in
    25  relation  to fire protection and safety are being complied with.  [Fire-
    26  men] Firefighters assigned to  such  duty  shall  have  full  power  and
    27  authority to enter, examine and inspect any such building or property at
    28  such  times and hours as are reasonably convenient. It shall be the duty
    29  of any [fireman] firefighter so assigned to  report  any  violations  of
    30  such  provisions of this chapter or of such rules and regulations to the
    31  person or department charged with the duty of enforcing  the  provisions
    32  of  this  chapter  in the city, town or village in which the building or
    33  property is located and also to the chief of his or her fire  department
    34  or fire company, as the case may be. In the event that an area is served
    35  pursuant  to a fire protection contract by more than one fire department
    36  or fire company, the [fireman or firemen]  firefighter  or  firefighters
    37  assigned  to  perform  such duty in such area shall report violations to
    38  the chief of each fire department and fire company  serving  such  area.
    39  The  failure  of any such [fireman] firefighter to discover and properly
    40  report any such violations or his neglect or omission  to  perform  such
    41  duties,  shall  not subject him or her, his or her fire department, fire
    42  company, or the city, village, fire district or  town  in  which  or  of
    43  which he or she is a [fireman] firefighter to any civil or other liabil-
    44  ity.  Any such [fireman] firefighter shall not be liable civilly for any
    45  act or acts done by him  or  her  as  a  [fireman]  firefighter  in  the
    46  performance of such duties, except for wilful negligence or malfeasance,
    47  but  the provisions of this subdivision shall not relieve any such city,
    48  village, fire district, town, or fire company from  liability,  if  any,
    49  for  the  negligent or wrongful acts of the [fireman] firefighter in the
    50  actual performance of such duty.  [Firemen] Firefighters assigned to any
    51  such duty may be known as fire inspectors but shall not,  by  reason  of
    52  this  law,  be an officer of any city, village, fire district or town or
    53  of any fire department or fire company.  Unless  otherwise  provided  by
    54  some  other  law, general, special or local, any such assignment of duty
    55  and the termination of any such assignment shall be made by the chief of
    56  the fire department or the fire company, as the case may be. Before  any

        A. 8321--C                         121
 
     1  such  inspection  is made, the [fireman] firefighter assigned to perform
     2  such duty must be approved by the chief executive officer or,  if  there
     3  be  none, the chief administrative body or board of the city, village or
     4  town, respectively, in which the inspection will be made.
     5    §  245. Section 25 of the correction law, as amended by chapter 396 of
     6  the laws of 1952 and renumbered by chapter 475 of the laws of  1970,  is
     7  amended to read as follows:
     8    §  25.  Mutual  assistance  by  institutional  and local fire fighting
     9  facilities.  In cooperation with the development and operation of  plans
    10  for mutual aid in cases of fire and other public emergencies, the warden
    11  or  superintendent  of any state institution in the department, with the
    12  approval of the commissioner, may authorize the fire department  of  the
    13  institution to furnish aid to such territory surrounding the institution
    14  as  may  be  practical in cases of fire and such emergencies, having due
    15  regard to the safety of the inmates and property of the institution  and
    16  to  engage  in  practice  and  training  programs in connection with the
    17  development and operation of such mutual aid plans. Any lawfully  organ-
    18  ized  fire-fighting forces or [firemen] firefighters from such surround-
    19  ing territory may enter upon the grounds of the institution  to  furnish
    20  aid in cases of fire and such emergencies.
    21    § 246. Paragraph (p) of subdivision 34 of section 1.20 of the criminal
    22  procedure  law,  as added by chapter 969 of the laws of 1983, is amended
    23  to read as follows:
    24    (p) Persons appointed as railroad [policemen] police officers pursuant
    25  to section eighty-eight of the railroad law.
    26    § 247. Subdivisions 12, 13, 29, 49 and 54 of section 2.10 of the crim-
    27  inal procedure law, as added by chapter 843 of the laws of 1980,  subdi-
    28  vision 49 as amended by chapter 141 of the laws of 1988, and subdivision
    29  54  as  added by chapter 969 of the laws of 1983, are amended to read as
    30  follows:
    31    12. Special [policemen] police officers designated by the commissioner
    32  and the directors of in-patient  facilities  in  the  office  of  mental
    33  health  pursuant  to section 7.25 of the mental hygiene law, and special
    34  [policemen] police officers  designated  by  the  commissioner  and  the
    35  directors  of facilities under his or her jurisdiction in the office [of
    36  mental retardation  and]  for  people  with  developmental  disabilities
    37  pursuant  to section 13.25 of the mental hygiene law; provided, however,
    38  that nothing in this subdivision shall be deemed to authorize such offi-
    39  cers to carry, possess, repair or dispose of a firearm unless the appro-
    40  priate license therefor has been issued pursuant to  section  400.00  of
    41  the penal law.
    42    13.  Persons  designated as special [policemen] police officers by the
    43  director of a hospital in the department of health pursuant  to  section
    44  four  hundred  fifty-five  of  the public health law; provided, however,
    45  that nothing in this subdivision shall be deemed to authorize such offi-
    46  cer to carry, possess, repair or dispose of a firearm unless the  appro-
    47  priate  license  therefor  has been issued pursuant to section 400.00 of
    48  the penal law.
    49    29. Special [policemen] police officers for  horse  racing,  appointed
    50  pursuant  to  the provisions of the pari-mutuel revenue law as set forth
    51  in chapter two hundred fifty-four of the laws of nineteen hundred forty,
    52  as amended; provided, however, that nothing in this subdivision shall be
    53  deemed to authorize such officer to carry, possess, repair or dispose of
    54  a firearm unless the appropriate license therefor has been issued pursu-
    55  ant to section 400.00 of the penal law.

        A. 8321--C                         122
 
     1    49. Members of  the  army  national  guard  military  police  and  air
     2  national  guard security personnel belonging to the organized militia of
     3  the state of New York when they are designated as peace  officers  under
     4  military  regulations  promulgated  by  the  adjutant  general  and when
     5  performing  their  duties as military [policemen] police officers or air
     6  security personnel pursuant to orders  issued  by  appropriate  military
     7  authority;  provided, however, that nothing in this subdivision shall be
     8  deemed to authorize such military police or air  security  personnel  to
     9  carry,  possess,  repair  or dispose of a firearm unless the appropriate
    10  license therefor has been issued pursuant to section 400.00 of the penal
    11  law.
    12    54. Special [policemen] police officers appointed pursuant to  section
    13  one hundred fifty-eight of the town law; provided, however, that nothing
    14  in  this subdivision shall be deemed to authorize such officer to carry,
    15  possess, repair or dispose of a firearm unless the  appropriate  license
    16  therefor has been issued pursuant to section 400.00 of the penal law.
    17    § 248. Section 464 of the real property tax law, as amended by chapter
    18  807 of the laws of 1965, is amended to read as follows:
    19    §  464. Incorporated associations of volunteer [firemen] firefighters.
    20  1. Except as [othewise] otherwise provided in subdivision  two  of  this
    21  section,  real  property owned by an incorporated association of present
    22  or former volunteer [firemen] firefighters, other than a business corpo-
    23  ration, which is (a) actually and exclusively used and occupied by  such
    24  incorporated  association  or  (b)  leased to the city, town, village or
    25  fire district in which the real property is located and is actually  and
    26  exclusively  used  and  occupied  by  such  city,  town, village or fire
    27  district for fire department purposes or for the social and recreational
    28  use of the [firemen] firefighters  and  residents  of  the  city,  town,
    29  village  or  fire  district, provided the rent under any such lease does
    30  not exceed the amount of carrying, maintenance and depreciation  charges
    31  or  (c)  leased  to  the  school  district in which the real property is
    32  located and is actually and exclusively used and occupied by such school
    33  district for school district purposes, provided the rent under any  such
    34  lease  does  not exceed the amount of carrying, maintenance and depreci-
    35  ation charges, shall be exempt from taxation, but the  total  amount  of
    36  the exemption to any one incorporated association shall not exceed twen-
    37  ty thousand dollars.
    38    2.  Notwithstanding the provisions of subdivision one of this section,
    39  real property owned by an incorporated volunteer fire  company  or  fire
    40  department  created  for the purpose of furnishing fire protection which
    41  is (a) actually and exclusively used and occupied by such  fire  company
    42  or  fire department for public purposes or (b) leased to the city, town,
    43  village or fire district in which the real property is  located  and  is
    44  actually  and  exclusively used and occupied by such city, town, village
    45  or fire district for governmental purposes including but not limited  to
    46  the  social and recreational use of the [firemen] firefighters and resi-
    47  dents of the city, town, village or  fire  district  provided  the  rent
    48  under any such lease does not exceed the amount of carrying, maintenance
    49  and  depreciation  charges or (c) leased to the school district in which
    50  the real property is located and is actually and  exclusively  used  and
    51  occupied  by such school district for school district purposes, provided
    52  the rent under any such lease does not exceed the  amount  of  carrying,
    53  maintenance  and depreciation charges, shall be exempt from taxation and
    54  exempt from special ad valorem levies and  special  assessments  to  the
    55  extent  provided  in section four hundred ninety of this chapter. In the
    56  event that not all of the real property shall be used and  occupied  for

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     1  such purposes then exemption of the portion not so used shall be limited
     2  to the exemption provided in subdivision one of this section.
     3    3. The term "public purpose", as used in this section, shall mean land
     4  and buildings, or portions thereof, used for
     5    (a)  housing,  storage, repair and testing of fire department vehicles
     6  and of  equipment,  appliances,  devices,  tools,  protective  clothing,
     7  uniforms and supplies,
     8    (b) receipt and dispatch of alarms,
     9    (c) training, drills and instruction,
    10    (d) generators, lockers, showers, custodial quarters,
    11    (e) offices, company meetings, ready room,
    12    (f)  social  and  recreational use, other than for income producing or
    13  business purposes, of both the [firemen] firefighters and  residents  of
    14  the  city,  town, village or fire district in which the real property is
    15  located.
    16    § 249. Section 466 of the real property tax law is amended to read  as
    17  follows:
    18    §  466.    Volunteer  [firemen]  firefighters  and  fire  companies in
    19  villages. Upon the adoption of a proposition therefor by  the  qualified
    20  voters  of  a  village, the real property owned by a volunteer member of
    21  the village fire department and the real property owned by any volunteer
    22  fire company in the village shall be exempt from  taxation  for  village
    23  purposes  to the extent of five hundred dollars in addition to any other
    24  exemption authorized by law.
    25    § 250. Section 223 of the racing, pari-mutuel  wagering  and  breeding
    26  law, as amended by chapter 18 of the laws of 2008, is amended to read as
    27  follows:
    28    §  223.  Special  [policemen]  police  officers.    For the purpose of
    29  preserving order and preventing offenses against  the  laws  prohibiting
    30  gambling,  the trustees or directors of any corporation created under or
    31  subject to the provisions of  this  article  are  hereby  authorized  to
    32  appoint from time to time, five or more special [policemen] police offi-
    33  cers,  and the same to remove at pleasure, who, when appointed, shall be
    34  peace officers with the same powers within and about such grounds as are
    35  set forth in section 2.20 of the criminal  procedure  law,  whose  duty,
    36  when appointed, shall be to preserve order within and around the grounds
    37  and  racetracks of such corporation, to protect the property within such
    38  grounds, to eject or arrest all persons who shall be  improperly  within
    39  the  grounds  of  such  corporation or who shall be guilty of disorderly
    40  conduct, or who shall neglect or refuse to pay the fees  or  to  observe
    41  the  rules  prescribed  by such corporation; and it shall be the further
    42  duty of such [policemen] police officers, when appointed, to prevent all
    43  violations of law with reference to pool-selling, bookmaking  and  other
    44  gambling,  and  to arrest any and all persons violating such provisions,
    45  and to convey such person or persons so arrested, with  a  statement  of
    46  the  cause  of  such  arrest, before a court having jurisdiction of such
    47  offense, to be dealt with according  to  the  law.  The  appointment  of
    48  [policemen]  police  officers  in pursuance of this section shall not be
    49  deemed to supersede in any way on the  grounds  and  racetrack  of  such
    50  corporation  the  authority  of peace officers or police officers of the
    51  jurisdiction within which such grounds and racetrack are located.
    52    § 251. Section 312 of the racing, pari-mutuel  wagering  and  breeding
    53  law is amended to read as follows:
    54    §  312.  Special  [policemen] police officers.   1. For the purpose of
    55  preserving order and preventing offenses against  the  laws  prohibiting
    56  gambling,  the  officers  or directors of any corporation or association

        A. 8321--C                         124
 
     1  created under or subject to the provisions of sections two hundred twen-
     2  ty-two through seven hundred five of this chapter are hereby  authorized
     3  to  appoint  from time to time, special [policemen] police officers, and
     4  the  same  to  remove  at  pleasure, who, when appointed, shall be peace
     5  officers with the same powers within and about such grounds as are vest-
     6  ed in peace officers as set forth in section 2.20 of the criminal proce-
     7  dure law, whose duty and powers, when appointed, shall  be  to  preserve
     8  order  within  and around the grounds and racetracks of said corporation
     9  or association, to protect the property within said grounds, to eject or
    10  arrest all persons who shall be improperly within the  grounds  of  such
    11  corporation or association or who shall be guilty of disorderly conduct,
    12  or  who  shall neglect or refuse to pay the fees or to observe the rules
    13  prescribed by said corporation or  association;  and  it  shall  be  the
    14  further  duty  of  said  [policemen]  police officers, when appointed to
    15  prevent all violations of law with reference to  pool-selling,  bookmak-
    16  ing,  and  other  gambling,  and to arrest any and all persons violating
    17  such provisions, and to convey such person or persons so arrested,  with
    18  a statement of the cause of such arrest, before a court having jurisdic-
    19  tion  of  such  offense,  to  be  dealt  with  according to the law. The
    20  appointment of [policemen] police officers in pursuance of this  section
    21  shall  not  be  deemed to supersede in any wise on the grounds and race-
    22  track of such corporation or association the authority of peace officers
    23  or police officers of the jurisdiction within  which  such  grounds  and
    24  racetrack are located.
    25    2.  Any appointment of a special [policeman] police officer under this
    26  section shall only be made with the approval of  the  state  racing  and
    27  wagering  board.  Application for such approval shall be in such form as
    28  may be prescribed by the board and shall contain such other  information
    29  or  material  or  evidence  as  the board shall require. In acting on an
    30  application for such approval the board shall consider  the  background,
    31  experience,  integrity, and competence of the candidate for appointment,
    32  the public interest, convenience  or  necessity  and  the  interests  of
    33  harness  racing  generally. The board in its discretion may set the term
    34  of any such appointment, terminate any existing appointment at any  time
    35  and prescribe conditions and rules for the conduct of such office.
    36    §  252.  Section  412 of the racing, pari-mutuel wagering and breeding
    37  law is amended to read as follows:
    38    § 412. Special [policemen] police officers. 1.   For  the  purpose  of
    39  preserving  order  and  preventing offenses against the laws prohibiting
    40  gambling, the officers or directors of any  corporation  or  association
    41  created  under  or  subject to the provisions of this article are hereby
    42  authorized to appoint from time  to  time,  special  [policemen]  police
    43  officers, and the same to remove at pleasure, who, when appointed, shall
    44  be  peace officers with the same powers within and about such grounds as
    45  are set forth in section 2.20 of the criminal procedure law whose  duty,
    46  when appointed, shall be to preserve order within and around the grounds
    47  and  racetracks of said corporation or association, to protect the prop-
    48  erty within said grounds, to eject or arrest all persons  who  shall  be
    49  improperly  within the grounds of such corporation or association or who
    50  shall be guilty of disorderly conduct, or who shall neglect or refuse to
    51  pay the fees or to observe the rules prescribed by said  corporation  or
    52  association; and it shall be the further duty of said [policemen] police
    53  officers, when appointed to prevent all violations of law with reference
    54  to  pool-selling,  bookmaking, and other gambling, and to arrest any and
    55  all persons violating such provisions, and  to  convey  such  person  or
    56  persons  so  arrested,  with  a  statement  of the cause of such arrest,

        A. 8321--C                         125
 
     1  before a magistrate having jurisdiction of such  offense,  to  be  dealt
     2  with according to law. The appointment of [policemen] police officers in
     3  pursuance of this section shall not be deemed to supersede in any way on
     4  the grounds and racetrack of such corporation or association the author-
     5  ity  of  peace  officers  or  police officers of the jurisdiction within
     6  which such grounds and racetrack are located.
     7    2. Any appointment of a special [policeman] police officer under  this
     8  section,  shall  only  be made with the approval of the state racing and
     9  wagering board.  Application for such approval shall be in such form  as
    10  may  be prescribed by the board and shall contain such other information
    11  or material or evidence as the board shall  require.  In  acting  on  an
    12  application  for  such approval the board shall consider the background,
    13  experience, integrity, and competence of the candidate for  appointment,
    14  the public interest, convenience or necessity and the interests of quar-
    15  ter horse racing generally. The board in its discretion may set the term
    16  of  any such appointment, terminate any existing appointment at any time
    17  and prescribe conditions and rules for the conduct of such office.
    18    § 253. Section 504 of the racing, pari-mutuel  wagering  and  breeding
    19  law is amended to read as follows:
    20    §  504.  Policing  off-track betting. 1. For the purpose of preserving
    21  order and preventing offenses against the laws prohibiting gambling  and
    22  the  rules  and regulations promulgated pursuant to sections two hundred
    23  twenty-two through seven hundred five of this chapter, the  officers  or
    24  directors  of each corporation subject to the provisions of this article
    25  are hereby authorized to appoint from time to time, special  [policemen]
    26  police  officers,  and  the  same  to  remove  at  pleasure,  who,  when
    27  appointed, shall within any office of  a  corporation  and  within  five
    28  hundred  feet  therefrom be vested with the powers of peace officers, as
    29  set forth in section 2.20 of the criminal  procedure  law,  whose  duty,
    30  when appointed, shall be to preserve order within and around the offices
    31  of  said corporation, to protect the property within, to eject or arrest
    32  all persons who shall be improperly within the  office  of  such  corpo-
    33  ration  or  who  shall  be  guilty  of  disorderly conduct, or who shall
    34  neglect or refuse to observe the rules prescribed by  said  corporation;
    35  and  it  shall  be the further duty of said [policemen] police officers,
    36  when appointed to prevent all violations of law with reference to  pool-
    37  selling,  bookmaking  and other gambling and all violations of the rules
    38  and regulations promulgated pursuant to sections two hundred  twenty-two
    39  through  seven  hundred five of this chapter having the force of law and
    40  to arrest any and all persons violating such provisions, and  to  convey
    41  such  person  or  persons  so arrested, with a statement of the cause of
    42  such arrest, before a magistrate having jurisdiction of such offense, to
    43  be dealt with according to law. The appointment of  special  [policemen]
    44  police  officers  in  pursuance  of  this section shall not be deemed to
    45  supersede in any way the authority of peace officers or police  officers
    46  of  the  jurisdiction  within  which  the offices of the corporation are
    47  located.
    48    2. Any appointment of a special [policeman] police officer under  this
    49  section,  shall  only  be made with the approval of the state racing and
    50  wagering board.  Application for such approval shall be in such form  as
    51  may  be prescribed by the board and shall contain such other information
    52  or material or evidence as it shall require.  In acting on  an  applica-
    53  tion  for such approval the board shall consider the background, experi-
    54  ence, integrity, and competence of the candidate  for  appointment,  the
    55  public interest, convenience or necessity and the interests of legalized
    56  wagering  generally. The board in its discretion may set the term of any

        A. 8321--C                         126
 
     1  such appointment, terminate any existing appointment  at  any  time  and
     2  prescribe conditions and rules for the conduct of such office.
     3    §  254.  The  opening paragraph of subdivision 2 of section 605 of the
     4  racing, pari-mutuel wagering and breeding law, as amended by chapter 115
     5  of the laws of 2008, is amended to read as follows:
     6    Such policing shall be provided through employees of  the  corporation
     7  designated  as:  (i)  special  [patrolmen]  patrol officer by the police
     8  commissioner of the city and  serving  pursuant  to  the  provisions  of
     9  section  14-106  of  the administrative code of the city of New York, or
    10  (ii) special [policemen] police officers designated in a manner consist-
    11  ent with section five hundred four of this chapter. When so  designated,
    12  such  special  [patrolmen] patrol officers or special [policemen] police
    13  officers shall, in the branch offices and the other facilities and prem-
    14  ises of the corporation, and in the areas within five hundred feet ther-
    15  efrom:
    16    § 255. Paragraph 2 of subdivision (a) of section 110  of  the  uniform
    17  justice  court  act,  as  amended by chapter 236 of the laws of 1971, is
    18  amended to read as follows:
    19    2. a village court, the  [policemen]  police  officers,  marshals  and
    20  constables of the village and the sheriff of the county;
    21    §  256.  Subdivision  18  of  section 58 of the New York city criminal
    22  court act, as amended by chapter 843 of the laws of 1980, is amended  to
    23  read as follows:
    24    (18)  Where an appearance ticket has been served by a special [police-
    25  man] police officer pursuant to sections 7.25 and 13.25  of  the  mental
    26  hygiene law in lieu of arrest in cases authorized by article one hundred
    27  fifty  of the criminal procedure law, the commissioner of mental hygiene
    28  or director of hospitals, schools and institutes operated by the depart-
    29  ment of mental hygiene are  hereby  authorized  to  administer  to  such
    30  special  [policemen]  police  officers all necessary oaths in connection
    31  with the execution of the accusatory instrument to be presented in court
    32  by such special [policemen] police officers in the prosecution  of  such
    33  offense.
    34    §  257. Paragraph 1 of subdivision d of section 13-145.1 of the admin-
    35  istrative code of the city of New York, as added by chapter 823  of  the
    36  laws of 1985, is amended to read as follows:
    37    (1) he or she had been appointed a [fireman] firefighter on the earli-
    38  est  date  on  which,  after  last  becoming  a member of the retirement
    39  system, he or she began service in one of  the  positions  in  the  fire
    40  department mentioned in subdivision a of this section; and
    41    §  258.  Subdivision f of section 13-155 of the administrative code of
    42  the city of New York is amended to read as follows:
    43    f. Notwithstanding any other provision of this section, the provisions
    44  of section two hundred seven-d of the general municipal law shall  apply
    45  to any correction member in the same manner and to the same extent as if
    46  the  definition  of  ["policeman"]  "police  officer"  in  such  section
    47  included a paid officer or member of  the  uniformed  correction  force;
    48  provided,  however,  that  any  such member shall not be entitled to any
    49  rights or benefits under such section two hundred seven-d in  the  event
    50  that,  if  a  member  of  the police force of the city and of the police
    51  pension fund maintained pursuant to subchapter two  of  chapter  two  of
    52  this  title,  who had elected a minimum period of service as a prerequi-
    53  site for eligibility for retirement for service and who  had  served  in
    54  the  city  police  force  beyond such minimum period of service, were to
    55  retire for any cause whatsoever on the same date as that on  which  such
    56  correction  member  retires  for any cause whatsoever, the provisions of

        A. 8321--C                         127
 
     1  such section two hundred seven-d would not be applicable,  operative  or
     2  effective  for  determining the rights or benefits of such member of the
     3  city police force.
     4    §  259.  Subdivision f of section 13-156 of the administrative code of
     5  the city of New York is amended to read as follows:
     6    f. Notwithstanding any other provision of this section, the provisions
     7  of section two hundred seven-d of the general municipal law shall  apply
     8  to  any  housing police member in the same manner and to the same extent
     9  as if the definition of ["policeman"] "police officer" in  such  section
    10  included  a  paid  officer  or  member  of  the  housing police service;
    11  provided, however, that any such member shall not  be  entitled  to  any
    12  rights  or  benefits under such section two hundred seven-d in the event
    13  that, if a member of the police force of the  city  and  of  the  police
    14  pension  fund  maintained  pursuant  to subchapter two of chapter two of
    15  this title, who had elected a minimum period of service as  a  prerequi-
    16  site  for  eligibility  for retirement for service and who had served in
    17  the city police force beyond such minimum period  of  service,  were  to
    18  retire  for  any cause whatsoever on the same date as that on which such
    19  housing police member retires for any cause whatsoever,  the  provisions
    20  of  such  section two hundred seven-d would not be applicable, operative
    21  or effective for determining the rights or benefits of  such  member  of
    22  the city police force.
    23    §  260.  Subdivision f of section 13-157 of the administrative code of
    24  the city of New York is amended to read as follows:
    25    f. Notwithstanding any other provision of this section, the provisions
    26  of section two hundred seven-d of the general municipal law shall  apply
    27  to  any  transit police member in the same manner and to the same extent
    28  as if the definition of ["policeman"] "police officer" in  such  section
    29  included a paid officer or member of the uniformed transit police force;
    30  provided,  however,  that  any  such member shall not be entitled to any
    31  rights or benefits under such section two hundred seven-d in  the  event
    32  that,  if  a  member  of  the police force of the city and of the police
    33  pension fund maintained pursuant to subchapter two  of  chapter  two  of
    34  this  title;  who had elected a minimum period of service as a prerequi-
    35  site for eligibility for retirement for service and who  had  served  in
    36  the  city  police  force  beyond such minimum period of service, were to
    37  retire for any cause whatsoever on the same date as that on  which  such
    38  transit  police  member retires for any cause whatsoever, the provisions
    39  of such section two hundred seven-d would not be  applicable,  operative
    40  or  effective  for  determining the rights or benefits of such member of
    41  the city police force.
    42    § 261. Paragraphs 5, 6, 7 and 8 of subdivision a of section 13-302  of
    43  the  administrative  code of the city of New York are amended to read as
    44  follows:
    45    5. The president of the uniformed  [firemen's]  firefighters'  associ-
    46  ation of greater New York who shall be entitled to cast two votes.
    47    6. The vice-president of the uniformed [firemen's] firefighters' asso-
    48  ciation of greater New York who shall be entitled to cast two votes.
    49    7.  The  treasurer  of the uniformed [firemen's] firefighters' associ-
    50  ation of greater New York who shall be entitled to cast two votes.
    51    8. The chairperson of the board of trustees of  the  uniformed  [fire-
    52  men's]  firefighters' association of greater New York who shall be enti-
    53  tled to cast two votes.
    54    § 262. Subdivision a of section 13-305 of the administrative  code  of
    55  the city of New York is amended to read as follows:

        A. 8321--C                         128
 
     1    a.  Notwithstanding  the provisions of section 13-304 of this chapter,
     2  in any case where a pension was awarded under  the  provisions  of  such
     3  section,  or  any  predecessor section, by reason of the retirement of a
     4  member for disability caused or induced by the actual performance of the
     5  duties  of  his  or  her position, prior to July first, nineteen hundred
     6  sixty-five, such member shall be entitled to a pension of not less  than
     7  three-fourths the annual salary or compensation payable to a first grade
     8  [fireman]  firefighter as of July first, nineteen hundred sixty-five. In
     9  the case of any member receiving a pension less than  three-fourths  the
    10  annual  salary  or  compensation of a first grade firefighter as of July
    11  first, nineteen hundred sixty-five, his or her pension will be increased
    12  to an amount which will equal three-fourths the annual salary or compen-
    13  sation of a first grade [fireman] firefighter as of July first, nineteen
    14  hundred sixty-five.
    15    § 263. Section 2  of  the  volunteer  firefighters'  benefit  law,  as
    16  amended  by  chapter  751  of  the  laws  of 1957, is amended to read as
    17  follows:
    18    § 2. Purpose. One of the finest traditions of American community  life
    19  is  the  service  which  people  render  to others without remuneration.
    20  Volunteer [firemen] firefighters have long been in the forefront of this
    21  group. In recognition of the  unselfish  service  by  these  volunteers,
    22  government  has  undertaken  to provide for them and their families some
    23  measure of protection against loss from death or  injuries  in  line  of
    24  duty.  Over the years there has developed a dual system of benefits when
    25  volunteer [firemen] firefighters are killed or injured. The dual  system
    26  has  caused uncertainty and confusion. This law establishes a new single
    27  system of benefits for volunteer [firemen] firefighters and provides for
    28  the administration of such system by the  [workmen's]  workers'  compen-
    29  sation board and the chairman of such board.
    30    It  is hereby declared that this chapter is intended to effectuate the
    31  objects and purposes of section eighteen of article  one  of  the  state
    32  constitution and that the relationship between the political subdivision
    33  liable  for  benefits under this chapter and a volunteer [fireman] fire-
    34  fighter entitled to such benefits is that of employer and employee with-
    35  in the meaning of such provision of the state constitution.
    36    § 264. Subdivisions 1, 4, 5, 7 and 8 of section  3  of  the  volunteer
    37  firefighters'  benefit  law,  subdivision 4 as amended by chapter 751 of
    38  the laws of 1957, subdivision 5 as amended by chapter 67 of the laws  of
    39  1981,  and  subdivision 8 as amended by chapter 697 of the laws of 1956,
    40  are amended to read as follows:
    41    1. "Volunteer [fireman] firefighter" means an active volunteer  member
    42  of a fire company.
    43    4.  "Injury"  includes  any disablement of a volunteer [fireman] fire-
    44  fighter that results from services performed in line of  duty  and  such
    45  disease  or  infection  as  may naturally and unavoidably result from an
    46  injury.
    47    5. "Child" includes a posthumous child, a child legally adopted  prior
    48  to  the  injury of the volunteer [fireman] firefighter; and a step-child
    49  or acknowledged child born out of wedlock dependent  upon  the  deceased
    50  volunteer [fireman] firefighter.
    51    7.  "Dependent"  includes a surviving spouse entitled to receive bene-
    52  fits under this chapter, whether or not actually dependent upon a volun-
    53  teer  [fireman]  firefighter,  unless  a  contrary  meaning  is  clearly
    54  intended.
    55    8. "Earning capacity", except as herein provided, means:

        A. 8321--C                         129
 
     1    a.  The  ability  of a volunteer [fireman] firefighter to perform on a
     2  five-day or  six-day  basis  either  the  work  usually  and  ordinarily
     3  performed  by  him  or her in his or her remunerated employment or other
     4  work which for any such worker would be a reasonable substitute for  the
     5  remunerated  employment  in  which he or she was employed at the time of
     6  his or her injury, or
     7    b. The ability of a volunteer [fireman] firefighter to  perform  on  a
     8  five-day  or  six-day  basis  either  the  work  usually  and ordinarily
     9  performed by him or her in the practice of his or her profession  or  in
    10  the conduct of his or her trade or business, including farming, and from
    11  which  he  or she could derive earned income or other work which for any
    12  such person would be a reasonable substitute for the  profession,  trade
    13  or  business  in  which  he or she was engaged at the time of his or her
    14  injury.
    15    Every volunteer [fireman] firefighter  shall  be  considered  to  have
    16  earning  capacity and, if the provisions of paragraphs a and b above are
    17  not applicable in any given case, the [workmen's] workers'  compensation
    18  board,  in the interest of justice, shall determine the reasonable earn-
    19  ing capacity of the volunteer [fireman] firefighter with due  regard  to
    20  the  provisions  of  such  paragraphs  and the work he or she reasonably
    21  could be expected to obtain and for which he or she is qualified by age,
    22  education, training and experience. The ability of a volunteer [fireman]
    23  firefighter to perform the duties of a volunteer [fireman]  firefighter,
    24  or  to  engage  in  activities  incidental thereto, may be considered in
    25  determining loss of earning capacity, but the inability of  a  volunteer
    26  [fireman] firefighter to perform such duties or to engage in such activ-
    27  ities shall not be a basis of determining loss of earning capacity.
    28    §  265.  Paragraphs  d, l and m of subdivision 1, and subdivision 2 of
    29  section 5 of the volunteer firefighters' benefit law, paragraphs d and m
    30  of subdivision 1 as amended by chapter 161 of the laws  of  1983,  para-
    31  graph  l of subdivision 1 as amended by chapter 735 of the laws of 1984,
    32  subdivision 2 as amended by chapter 313 of the laws of 1963, paragraph a
    33  of subdivision 2 as amended by chapter 341 of the laws of 2005  and  the
    34  closing paragraph of subdivision 2 as amended by chapter 805 of the laws
    35  of 1984, are amended to read as follows:
    36    d.  While,  within this country or in Canada and pursuant to orders or
    37  authorization, instructing or being instructed in fire duties, attending
    38  a training school or course of instruction for  [firemen]  firefighters,
    39  or  attending  or  participating in any noncompetitive training program,
    40  including necessary travel directly  connected  therewith,  as  well  as
    41  necessary travel to and necessary travel returning from such activity.
    42    l.  While,  within  this  country  or Canada and pursuant to orders or
    43  authorization, attending a convention or conference of  [firemen]  fire-
    44  fighters  or  fire  officers or fire district officers as the authorized
    45  delegate or representative of his or her fire department,  fire  company
    46  or any unit thereof, including necessary travel directly connected ther-
    47  ewith,  as  well  as  necessary travel to and necessary travel returning
    48  from such activity.
    49    m. While, within the state and pursuant to  orders  or  authorization,
    50  working  in  connection  with a fund raising activity of his or her fire
    51  company, as defined in subdivision fifteen  of  section  three  of  this
    52  chapter including necessary travel directly connected therewith, as well
    53  as  necessary  travel to and necessary travel returning from such activ-
    54  ity, but shall not include competitive events in which volunteer  [fire-
    55  men]  firefighters  are competitors, such as baseball, basketball, foot-
    56  ball, bowling, tugs of war, water-ball fights, donkey baseball,  boxing,

        A. 8321--C                         130
 
     1  wrestling,  contests  between  bands or drum corps, or other competitive
     2  events in which volunteer [firemen]  firefighters  are  competitors  and
     3  which involve physical exertion on the part of the competitors.
     4    2. Benefits shall not be paid and provided pursuant to this chapter in
     5  the following instances:
     6    a.  Work  or  service  rendered  by a volunteer firefighter while on a
     7  leave of absence pursuant to either section two hundred-b or section two
     8  hundred-c of the general municipal law, unless such work or  service  is
     9  performed  pursuant  to  subdivision  one-a  of section two hundred-b or
    10  subdivision one-a of section two hundred-c of the general municipal law,
    11  or pursuant to any other general, special or local law, charter or ordi-
    12  nance or pursuant to the constitution,  by-laws,  rules  or  regulations
    13  applicable  to the fire company or fire department of which he or she is
    14  a member.
    15    b. Practice for and participation in any recreational, social, or fund
    16  raising activity other than a fund raising activity for  which  coverage
    17  is provided under paragraph m of subdivision one of this section.
    18    c. Work or service rendered by a volunteer [fireman] firefighter while
    19  suspended from duty pursuant to section two hundred nine-l of the gener-
    20  al  municipal  law,  article eight of the village law or pursuant to any
    21  other general, special or local law, charter or ordinance or pursuant to
    22  the constitution, by-laws, rules or regulations applicable to  the  fire
    23  company or fire department of which he or she is a member.
    24    d.  Work or service not rendered as a volunteer [fireman] firefighter,
    25  but rendered as an officer, official or employee of a public corporation
    26  or any special district thereof, whether with or  without  remuneration,
    27  even though by law a requirement for such office, position or employment
    28  shall be that such officer, official or employee shall have been or must
    29  be a volunteer [fireman] firefighter.
    30    e.  Work or service not rendered as a volunteer [fireman] firefighter,
    31  but rendered in the course of  his  or  her  employment  for  a  private
    32  employer.
    33    f.  Work or service not rendered as a volunteer [fireman] firefighter,
    34  but rendered as a civil defense volunteer.
    35    g. Work, service or activities in which the volunteer [fireman]  fire-
    36  fighter has been ordered not to participate.
    37    This  subdivision  shall  not be deemed to enumerate all of the activ-
    38  ities engaged in by volunteer [firemen] firefighters for which mandatory
    39  coverage is not provided by this chapter, or  to  prohibit  any  of  the
    40  activities  described in this subdivision, or to prevent the securing of
    41  insurance pursuant to section four thousand two hundred thirty-seven  of
    42  the insurance law to cover volunteer [firemen] firefighters when engaged
    43  in  activities other than those for which mandatory coverage is provided
    44  by this chapter.
    45    § 266. Section 6  of  the  volunteer  firefighters'  benefit  law,  as
    46  amended  by  chapter  751  of  the  laws  of 1957, is amended to read as
    47  follows:
    48    § 6. Volunteer  [firemen's]  firefighters'  benefits;  general.  If  a
    49  volunteer  [fireman] firefighter dies from the effects of injury in line
    50  of duty, or if such a [fireman] firefighter shall be injured in line  of
    51  duty,  benefits  shall  be  paid  and provided pursuant to this chapter,
    52  except that there shall be no liability for such benefits when the inju-
    53  ry has been solely occasioned by intoxication of the volunteer [fireman]
    54  firefighter while acting in line of duty or by the wilful  intention  of
    55  the  volunteer  [fireman] firefighter to bring about the injury or death
    56  of himself or herself or another.

        A. 8321--C                         131
 
     1    § 267. Subdivisions 2, 4, 19, 21, 22, 31, 32, 33 and 34 of  section  7
     2  of the volunteer firefighters' benefit law, as amended by chapter 212 of
     3  the laws of 2005, are amended to read as follows:
     4    2.  If  there  be  a  surviving spouse, to such spouse the lump sum of
     5  fifty-six thousand dollars, but if there be no surviving spouse, then to
     6  the executor or administrator of the estate of the  volunteer  [fireman]
     7  firefighter, the lump sum of fifty-six thousand dollars.  Such sum shall
     8  be  in addition to any other benefits provided in this chapter and shall
     9  not be diminished by benefits paid to the volunteer [fireman] firefight-
    10  er during his or her lifetime. Any money paid to an executor or adminis-
    11  trator pursuant to the provisions of this subdivision shall be  distrib-
    12  uted  in  the  manner  provided  by  the  laws  of  this  state  for the
    13  distribution  of  the  personal  property  of  an  intestate   decedent.
    14  Provided, however, that nothing herein shall be construed as affording a
    15  greater benefit for those volunteer [firemen] firefighters injured prior
    16  to  the effective date of this act, however the spouse or estate of such
    17  [fireman] firefighter shall continue to be eligible for a benefit in the
    18  sum of eleven thousand eighty-four dollars.
    19    4. If there be a surviving spouse and a surviving child or children of
    20  the deceased under the age of eighteen years or under the age  of  twen-
    21  ty-five  years  who is enrolled as a full time student in any accredited
    22  educational institution or a surviving child  or  children  of  any  age
    23  dependent  blind  or  physically  disabled,  to  such spouse ninety-five
    24  dollars for each week until remarried, and upon such remarriage the lump
    25  sum of nine thousand eight hundred fifty-six dollars; and an  additional
    26  amount  of  sixty-three  dollars for each week for each such child until
    27  the age of eighteen years or under the age of twenty-five years  who  is
    28  enrolled  as  a full time student in any accredited educational institu-
    29  tion or until the removal of the dependency of the blind  or  physically
    30  disabled  child  or  children;  in  the  case of the subsequent death or
    31  remarriage of such surviving spouse any surviving child of the  deceased
    32  [fireman]  firefighter, at the time under eighteen years of age or under
    33  the age of twenty-five years who is enrolled as a full time  student  in
    34  any  accredited  educational  institution or dependent through mental or
    35  physical infirmity, shall have his or her benefit increased  to  ninety-
    36  five  dollars  for  each week, and the same shall be payable until he or
    37  she shall reach the age of eighteen years or twenty-five years,  as  the
    38  case may be, or until such dependent blind or physically disabled condi-
    39  tion shall have been removed; provided that the total amount payable for
    40  each  week  under  this  subdivision shall in no case exceed two hundred
    41  fifty-three dollars per week. Upon statutory termination of payments  to
    42  all  such  children,  the  payments  to  the  surviving  spouse shall be
    43  increased to one hundred thirty dollars for each week until such  spouse
    44  remarries,  and upon such remarriage, such spouse shall be paid the lump
    45  sum of twelve thousand thirty-three dollars.
    46    19. In the case of a death of a volunteer [fireman] firefighter, on or
    47  after January first, nineteen hundred seventy-nine,  that  results  from
    48  services  performed  in the line of duty, if there be a surviving spouse
    49  and no surviving child of the deceased under the age of  eighteen  years
    50  or  under  the  age  of twenty-five years who is enrolled as a full time
    51  student in any accredited educational institution and no surviving child
    52  of any age dependent blind or physically disabled, to such  spouse  four
    53  hundred  seventy-seven  dollars  for each week until remarried, and upon
    54  such remarriage the lump sum of forty-nine thousand five hundred  sixty-
    55  eight dollars.

        A. 8321--C                         132
 
     1    21. In the case of a death of a volunteer [fireman] firefighter, on or
     2  after  January  first,  nineteen hundred seventy-nine, that results from
     3  services performed in the line of duty, if there be surviving a child or
     4  children of the deceased under the age of eighteen years  or  under  the
     5  age  of  twenty-five years who is enrolled as a full time student in any
     6  accredited educational institution or a dependent  blind  or  physically
     7  disabled  child or children of any age, but no surviving spouse, for the
     8  support of such child or children until the age  of  eighteen  years  or
     9  twenty-five  years  as  the  case  may  be,  or until the removal of the
    10  dependency of such blind or physically disabled child or children,  four
    11  hundred  seventy-seven  dollars,  share  and share alike, for each week;
    12  provided that the total amount payable for each week under this subdivi-
    13  sion shall not exceed four hundred seventy-seven dollars per week.
    14    22. In the case of a death of a volunteer [fireman] firefighter, on or
    15  after January first, nineteen hundred seventy-nine,  that  results  from
    16  services  performed in the line of duty, if there be no surviving spouse
    17  or child of the deceased under the age of eighteen years  or  under  the
    18  age  of  twenty-five years who is enrolled as a full time student in any
    19  accredited educational institution  or  dependent  blind  or  physically
    20  disabled  child  of  the  deceased  of  any age, then for the support of
    21  grandchildren or brothers and sisters under the age of eighteen years or
    22  under the age of twenty-five years  who  is  enrolled  as  a  full  time
    23  student  in any accredited educational institution if dependent upon the
    24  deceased at the time of the injury, one  hundred  seventy-eight  dollars
    25  and seventy-four cents for each week for the support of each such person
    26  until the age of eighteen years or twenty-five years as the case may be,
    27  and  for  the  support of each parent or grandparent of the deceased, if
    28  dependent upon the deceased at the  time  of  the  injury,  two  hundred
    29  eighty-six  dollars for each week during such dependency, but in no case
    30  shall the aggregate amount payable under this  subdivision  exceed  four
    31  hundred seventy-seven dollars per week.
    32    31.  In the case of a death of a volunteer [fireman] firefighter on or
    33  after July  first,  nineteen  hundred  eighty-five,  that  results  from
    34  services  performed  in the line of duty, if there be a surviving spouse
    35  and no surviving child of the deceased under the age of  eighteen  years
    36  or  under  the  age  of twenty-five years who is enrolled as a full time
    37  student in any accredited educational institution and no surviving child
    38  of any age dependent blind or physically disabled  to  such  spouse  six
    39  hundred  sixty-five  dollars for each week until remarried and upon such
    40  remarriage the lump sum of sixty-nine thousand  one  hundred  sixty-four
    41  dollars.
    42    32.  In the case of a death of a volunteer [fireman] firefighter on or
    43  after July  first,  nineteen  hundred  eighty-five,  that  results  from
    44  services  performed  in the line of duty, if there be a surviving spouse
    45  and a surviving child or children of the deceased under the age of eigh-
    46  teen years or under the age of twenty-five years who is  enrolled  as  a
    47  full time student in any accredited educational institution or a surviv-
    48  ing child or children of any age dependent blind or physically disabled,
    49  to  such  spouse  three  hundred  sixty-six  dollars for each week until
    50  remarried, and the additional amount of three hundred dollars  for  each
    51  week for such child or children, share and share alike, until the age of
    52  eighteen  years or under the age of twenty-five years who is enrolled as
    53  a full time student in any accredited educational institution  or  until
    54  the  removal of the dependency of the blind or physically disabled child
    55  or children. In the case of the death  of  such  surviving  spouse,  the
    56  surviving  child  or  children of the deceased [fireman] firefighter, at

        A. 8321--C                         133

     1  the time under eighteen years of age or under  the  age  of  twenty-five
     2  years  who  is  enrolled as a full time student in any accredited educa-
     3  tional institution or dependent through mental  or  physical  infirmity,
     4  shall  have  his  or  her  benefit  increased  to six hundred sixty-five
     5  dollars, for each week, share and share alike, and  the  same  shall  be
     6  payable until he or she or they shall reach the age of eighteen years or
     7  twenty-five  years  as the case may be, or until such dependent blind or
     8  physically disabled condition shall have been removed. Upon  the  remar-
     9  riage  of  such  surviving  spouse prior to the statutory termination of
    10  benefit to all such children, such spouse shall be paid the lump sum  of
    11  thirty-eight  thousand  forty  dollars  and  the  surviving  child shall
    12  continue to receive weekly payments of three hundred dollars;  if  there
    13  be  two surviving children, each shall receive two hundred fifty dollars
    14  per week; and if there be more than two surviving children,  they  shall
    15  receive  six hundred sixty-five dollars per week, share and share alike;
    16  and the same shall be payable until he or she or they  shall  reach  the
    17  age of eighteen years or twenty-five years, as the case may be, or until
    18  such  dependent  blind  or physically disabled condition shall have been
    19  removed. Upon statutory termination of payments to  all  such  children,
    20  the  payments  to the surviving spouse shall be increased to six hundred
    21  sixty-five dollars for each week until such spouse  remarries  and  upon
    22  such  remarriage  such  spouse  shall be paid the lump sum of sixty-nine
    23  thousand one hundred sixty-four dollars. In no  event  shall  the  total
    24  amount  payable  for each week under this subdivision exceed six hundred
    25  sixty-five dollars.
    26    33. In the case of a death of a volunteer [fireman] firefighter on  or
    27  after  July  first,  nineteen  hundred  eighty-five,  that  results from
    28  services performed in the line of duty, if there be surviving a child or
    29  children of the deceased under the age of eighteen years  or  under  the
    30  age  of  twenty-five years who is enrolled as a full time student in any
    31  accredited educational institution or a dependent  child  or  physically
    32  disabled  child  or  children  of  any age, but no surviving spouse, for
    33  support of such child or children until the age  of  eighteen  years  or
    34  twenty-five years as the case may be, or until removal of the dependency
    35  of  such  blind  or  physically  disabled child or children, six hundred
    36  sixty-five dollars share and share alike, for each week;  provided  that
    37  the  total amount payable for each week under this subdivision shall not
    38  exceed six hundred sixty-five dollars per week.
    39    34. In the case of a death of a volunteer [fireman] firefighter on  or
    40  after  July  first,  nineteen  hundred  eighty-five,  that  results from
    41  services performed in the line of duty, if there be no surviving  spouse
    42  or  child  of  the deceased under the age of eighteen years or under the
    43  age of twenty-five years who is enrolled as a full time student  in  any
    44  accredited  educational  institution,  or  dependent blind or physically
    45  disabled child of the deceased of any  age,  then  for  the  support  of
    46  grandchildren or brothers and sisters under the age of eighteen years or
    47  under  the  age  of  twenty-five  years  who  is enrolled as a full time
    48  student in any accredited educational institution if dependent upon  the
    49  deceased  at  the time of the injury, two hundred fifty dollars for each
    50  week for the support of each such person until the age of eighteen years
    51  or twenty-five years as the case may be, and for  the  support  of  each
    52  parent  or grandparent of the deceased if dependent upon the deceased at
    53  the time of the injury, four hundred dollars for each week  during  such
    54  dependency  but in no case shall the aggregate amount payable under this
    55  subdivision exceed six hundred sixty-five dollars per week.

        A. 8321--C                         134
 
     1    § 268. Section 7-a of the  volunteer  firefighters'  benefit  law,  as
     2  added by chapter 268 of the laws of 1984, is amended to read as follows:
     3    § 7-a. Date  of  death  benefits.  All  weekly  benefits payable under
     4  section seven of this article shall accrue as of the date  of  death  of
     5  the  volunteer  [fireman]  firefighter.  In  the  event that a person or
     6  persons entitled to weekly benefits shall die before a determination  is
     7  made  on the merits of their claim, and such determination on the merits
     8  is ultimately in their favor, then all weekly benefits due from the date
     9  of death of the volunteer [fireman] firefighter up to the date of  death
    10  of  the person or persons entitled to such weekly benefits shall be paid
    11  to the executor or  administrator  of  the  estate  of  such  person  or
    12  persons.
    13    § 269. The opening subparagraph and subparagraph 4 of paragraph (g) of
    14  subdivision  1  and  subdivision  3 of section 10 of the volunteer fire-
    15  fighters' benefit law, the opening subparagraph and  subparagraph  4  of
    16  paragraph  (g) of subdivision 1 as amended by chapter 584 of the laws of
    17  1974, are amended to read as follows:
    18    In all other cases  of  permanent  partial  disability  the  volunteer
    19  [fireman] firefighter shall be paid for each week during the continuance
    20  thereof, as follows:
    21    4.  If the percentage of loss of earning capacity is less than twenty-
    22  five per centum, he or she shall not be paid any weekly benefit.  Perma-
    23  nent partial disability, within the meaning  of  this  paragraph,  shall
    24  exist only if the earning capacity of the volunteer [fireman] firefight-
    25  er  has been permanently and partially lost as the result of the injury.
    26  The [workmen's] workers' compensation board shall determine  the  degree
    27  of  such disability and such board may reconsider such degree on its own
    28  motion or upon application of any party in interest.
    29    3. An award for disability may be made after the death of  the  volun-
    30  teer [fireman] firefighter.
    31    §  270.  The  opening paragraph and subdivision 4 of section 11 of the
    32  volunteer firefighters' benefit law, as amended by chapter  584  of  the
    33  laws of 1974, are amended to read as follows:
    34    In  the  case  of temporary partial disability the volunteer [fireman]
    35  firefighter shall be paid for each week during the continuance  thereof,
    36  as follows:
    37    4.    If the percentage of loss of earning capacity is less than twen-
    38  ty-five per centum, he or she shall not  be  paid  any  weekly  benefit.
    39  Temporary  partial disability, within the meaning of this section, shall
    40  exist only if the earning capacity of the volunteer [fireman] firefight-
    41  er has been temporarily and partially lost as the result of the  injury.
    42  The  [workmen's]  workers' compensation board shall determine the degree
    43  of such disability and such board may reconsider such degree on its  own
    44  motion or upon application of any party in interest.
    45    §  271.  Section  11-a  of the volunteer firefighters' benefit law, as
    46  added by chapter 591 of the laws of 1957, is amended to read as follows:
    47    § 11-a. Repair or replacement of prosthetic devices.  If, as a  result
    48  of services performed in line of duty, a volunteer [fireman] firefighter
    49  damages  or  loses any prosthetic devices required to be worn or used by
    50  him or her, whether or not he or she is injured, such prosthetic  device
    51  shall  be  repaired,  or  replaced  in the discretion of the [workmen's]
    52  workers' compensation board, and necessary medical,  surgical  or  other
    53  attendance or treatment, nurse and hospital service, in connection ther-
    54  ewith  shall  be  furnished,  in  the same manner as a prosthetic device
    55  would be furnished, replaced or repaired and treatment and care provided
    56  under the provisions of section sixteen of this chapter.   Damage to  or

        A. 8321--C                         135
 
     1  loss  of  a  prosthetic device shall be deemed an injury, except that no
     2  disability benefits shall be payable with respect to such  injury  under
     3  sections  eight,  nine, ten and eleven of this chapter.  The term "pros-
     4  thetic  device"  as  used  in  this section includes an artificial limb,
     5  artificial eye, eyeglasses, contact lens, hearing aid, denture or dental
     6  appliance or any surgical appliance required to be worn or used  by  the
     7  volunteer  [fireman]  firefighter,  but  shall  not include shoes or any
     8  other article considered as ordinary wearing  apparel,  whether  or  not
     9  specially constructed.
    10    §  272.  Section  11-b  of the volunteer firefighters' benefit law, as
    11  added by chapter 337 of the laws of 1957, is amended to read as follows:
    12    § 11-b. Hazardous exposures. If, as a result of services performed  in
    13  line  of  duty, a volunteer [fireman] firefighter is exposed to or comes
    14  in contact with any poisons, gases, x-rays, radium, radio-active materi-
    15  als or other potentially harmful substances or matter, the  chief  engi-
    16  neer  or  other executive officer of the fire department or fire company
    17  of which he or she is a member may  authorize  the  volunteer  [fireman]
    18  firefighter  to  obtain  such examinations, tests, treatment and care as
    19  are immediately necessary to determine whether he or she is injured. Any
    20  such authorization may be granted prior to the giving  of  a  notice  of
    21  injury  under  this  chapter.  In any such case, the volunteer [fireman]
    22  firefighter shall be deemed to have been injured and shall  be  entitled
    23  to  treatment and care and disability benefits as provided in this chap-
    24  ter.
    25    § 273. Section 14  of  the  volunteer  firefighters'  benefit  law  is
    26  amended to read as follows:
    27    § 14. Previous  disability.  The fact that a volunteer [fireman] fire-
    28  fighter has suffered previous disability or received  benefits  therefor
    29  as  provided  in  section two hundred five of the general municipal law,
    30  the [workmen's] workers' compensation law, or  this  chapter  shall  not
    31  preclude  him or her from benefits for a later injury nor preclude death
    32  benefits for death resulting therefrom; provided, however, that a volun-
    33  teer [fireman] firefighter who is suffering from a  previous  disability
    34  shall  not receive benefits for a later injury in excess of the benefits
    35  allowed for such injury when considered by itself and not in conjunction
    36  with the previous disability. Notwithstanding the  foregoing  provisions
    37  of  this  section,  if  a volunteer [fireman] firefighter has previously
    38  incurred permanent partial disability through the loss or loss of use of
    39  one hand, one arm, one foot, one leg, or one eye, and suffers  the  loss
    40  or  loss  of  use  of another such major member or eye, he or she may be
    41  adjudged permanently totally disabled and receive benefits for permanent
    42  total disability as provided in section eight of this chapter.
    43    § 274. Section 15 of  the  volunteer  firefighters'  benefit  law,  as
    44  amended  by  chapter  502  of  the  laws  of 1959, is amended to read as
    45  follows:
    46    § 15. Expense for rehabilitating  injured  volunteer  [firemen]  fire-
    47  fighters.  A  volunteer [fireman] firefighter, who as a result of injury
    48  is or may be expected to be totally or  partially  incapacitated  for  a
    49  remunerative occupation and who, under the direction of the state educa-
    50  tion  department is being rendered fit to engage in a remunerative occu-
    51  pation, may receive such additional financial benefit necessary for  his
    52  or  her  rehabilitation  as  the [workmen's] workers' compensation board
    53  shall determine.  Not more than thirty dollars per week  of  such  addi-
    54  tional  amount  shall be expended for maintenance. Such expense and such
    55  of the administrative expenses of the state education department as  are
    56  properly  assignable  to  the  expenses of rehabilitating such volunteer

        A. 8321--C                         136
 
     1  [firemen] firefighters shall be paid out  of  the  vocational  rehabili-
     2  tation  fund  created pursuant to subdivision nine of section fifteen of
     3  the [workmen's] workers' compensation law.  Any such volunteer [fireman]
     4  firefighter for the purposes of such fund shall be considered an employ-
     5  ee  of  the  political subdivision liable for the payment of benefits to
     6  such  volunteer  [fireman]  firefighter  under  this  chapter  and  such
     7  "employer"  or its insurance carrier, as the case may be, shall make the
     8  same financial contribution to such fund as required by such subdivision
     9  nine in every case of injury causing  death  of  a  volunteer  [fireman]
    10  firefighter in which there are no persons entitled to financial benefits
    11  under  this  chapter  other  than (1) funeral expenses and (2) the death
    12  benefit provided in subdivision two of section seven of this chapter.
    13    § 275. Section 18  of  the  volunteer  firefighters'  benefit  law  is
    14  amended to read as follows:
    15    § 18. Disposition  of accrued benefits upon death. Except as otherwise
    16  provided in section ten of this chapter, in the case of the death of  an
    17  injured  volunteer  [fireman]  firefighter  to whom there was due at the
    18  time of his or her death any benefits under the provisions of this chap-
    19  ter, the amount of such benefits  shall  be  payable  to  the  surviving
    20  spouse, if there be one, or, if none, to the surviving child or children
    21  of  the  deceased  under  the  age of eighteen years, and if there be no
    22  surviving spouse or children, then to the dependents of such deceased or
    23  to any of them  as  the  [workmen's]  workers'  compensation  board  may
    24  direct,  and  if there be no surviving spouse, children or dependents of
    25  such deceased, then to his or her estate. An award for disability may be
    26  made after the death of an injured volunteer [fireman] firefighter.
    27    § 276. Section 19 of  the  volunteer  firefighters'  benefit  law,  as
    28  amended  by  chapter  751  of  the  laws  of 1957, is amended to read as
    29  follows:
    30    § 19. Exclusiveness of remedy. The benefits provided by  this  chapter
    31  shall  be  the exclusive remedy of a volunteer [fireman] firefighter, or
    32  his or her spouse, parents, dependents, next of kin, executor or  admin-
    33  istrator, or anyone otherwise entitled to recover damages, at common law
    34  or  otherwise,  for  or on account of an injury to a volunteer [fireman]
    35  firefighter in line of duty or death  resulting  from  an  injury  to  a
    36  volunteer  [fireman]  firefighter  in  line  of duty, as against (1) the
    37  political subdivision liable for the payment of such benefits,  (2)  the
    38  political  subdivision regularly served by the fire company of which the
    39  volunteer [fireman] firefighter is a member, whether or not pursuant  to
    40  a  contract for fire protection, even though any such political subdivi-
    41  sion is not liable for the payment  of  such  benefits  in  the  circum-
    42  stances, and (3) any person or agency acting under governmental or stat-
    43  utory  authority  in furtherance of the duties or activities in relation
    44  to which any such injury resulted; provided, however, that the  benefits
    45  provided  by  this  chapter shall not be the exclusive remedy as against
    46  persons who, in the furtherance of the same duties  or  activities,  are
    47  not similarly barred from recourse against the volunteer [fireman] fire-
    48  fighter, or his or her executor or administrator.
    49    §  277.  Section  20  of  the  volunteer  firefighters' benefit law is
    50  amended to read as follows:
    51    § 20. Other remedies of volunteer [firemen] firefighters; subrogation.
    52  The provisions  of  section  twenty-nine  of  the  [workmen's]  workers'
    53  compensation law to the extent that such provisions are not inconsistent
    54  with  the provisions of this chapter, shall be applicable as fully as if
    55  set forth in this chapter.

        A. 8321--C                         137
 
     1    § 278. Section 21 of the  volunteer  firefighters'  benefit  law,  the
     2  section  heading as amended by chapter 322 of the laws of 1963, subdivi-
     3  sions 1 and 3 as amended by chapter 270 of the laws of 1964, and  subdi-
     4  vision  2  as amended by chapter 1004 of the laws of 1963, is amended to
     5  read as follows:
     6    §  21.  Assistance  to  other states, the Dominion of Canada, property
     7  ceded to the federal government and to Indian reservations. 1.  Whenever
     8  a  fire  company or fire department in this state shall answer a call to
     9  furnish assistance to any political subdivision or territory of  another
    10  state  of  the  United  States or of the Dominion of Canada, or property
    11  ceded to the federal government, the provisions of  this  chapter  shall
    12  apply  with respect to the volunteer [firemen] firefighters of such fire
    13  company or department, while such assistance is being rendered or  while
    14  going  to or returning from the place from where the assistance is to be
    15  or was rendered, to the same extent and in the same manner  as  if  such
    16  service  had  been  rendered in or for the area regularly served by such
    17  volunteer [firemen] firefighters; provided, however, that there shall be
    18  deducted from any amounts payable under this chapter any amounts  recov-
    19  erable  by  or payable to any such volunteer [fireman] firefighter under
    20  the laws applicable in the political subdivision or territory for  which
    21  the call for assistance was made.
    22    2.  The  provisions of this chapter shall apply with respect to volun-
    23  teer [firemen] firefighters of fire departments and  fire  companies  of
    24  other  states  of  the  United  States and of the Dominion of Canada who
    25  render service in this state in answer to a call for assistance  to  the
    26  territory  regularly  served  by  a  fire  department  or  fire  company
    27  described in subdivisions one to five, inclusive, of section  thirty  of
    28  this chapter and, for the purposes of determining liability for benefits
    29  under  this  chapter,  any such volunteer [fireman] firefighter shall be
    30  considered as a volunteer member of the fire department or fire  company
    31  of  the  territory  for  which  service  has been rendered in this state
    32  pursuant to a call for assistance; provided that the laws of  the  state
    33  served  by  such  volunteer  [firemen] firefighters, fire departments or
    34  fire companies, or of the Dominion  of  Canada,  as  the  case  may  be,
    35  contain  provisions  under  which  benefits  are  granted in relation to
    36  volunteer [firemen] firefighters of this state who are killed or injured
    37  when rendering service in such other states, or the Dominion of  Canada,
    38  as the case may be, in answer to a call for assistance; provided, howev-
    39  er,  that  there  shall  be  deducted from any amounts payable under the
    40  provisions of this chapter to a volunteer [fireman] firefighter of  such
    41  other states or of the Dominion of Canada, any amounts recoverable by or
    42  payable  to  such  volunteer [fireman] firefighter under the laws of the
    43  state served by such volunteer [fireman] firefighter or of the  Dominion
    44  of Canada, as the case may be.
    45    3.  Whenever  a  fire  company  or fire department in this state shall
    46  answer a call for assistance to be rendered to any  part  of  an  Indian
    47  reservation  the  provisions of this chapter shall apply with respect to
    48  the volunteer [firemen] firefighters of such fire company or department,
    49  while such assistance is being rendered or while going to  or  returning
    50  from  the  place  from where the assistance is to be or was rendered, to
    51  the same extent and in the same manner  as  if  such  service  had  been
    52  rendered in or for the area regularly served by such volunteer [firemen]
    53  firefighters.
    54    §  279.  Section  23  of  the  volunteer  firefighters' benefit law is
    55  amended to read as follows:

        A. 8321--C                         138
 
     1    § 23. Assignments, exemptions. Benefits  payable  under  this  article
     2  shall  not be assigned, released or commuted, except as provided by this
     3  chapter, and shall be exempt from all claims of creditors and from levy,
     4  execution and attachment or other remedy for recovery or collection of a
     5  debt,  which  exemption  may  not be waived. Such benefits shall be paid
     6  only to volunteer [firemen] firefighters or their dependents  except  as
     7  otherwise provided in this chapter.
     8    § 280. The opening paragraph and subdivisions 1, 2, 3, 4, 5, 6 and 6-a
     9  of  section  30  of the volunteer firefighters' benefit law, the opening
    10  paragraph as amended and the ninth undesignated paragraph of subdivision
    11  6 and the closing paragraph of subdivision 6-a as added by chapter  1004
    12  of the laws of 1963, subdivision 6 as amended by chapter 123 of the laws
    13  of 1958, the third undesignated paragraph of subdivision 6 as amended by
    14  chapter  520  of the laws of 1964, the seventh undesignated paragraph of
    15  subdivision 6 as added by chapter 368 of the laws of  1958,  the  eighth
    16  undesignated paragraph of subdivision 6 as amended by chapter 694 of the
    17  laws of 1959, and subdivision 6-a as added by chapter 849 of the laws of
    18  1957, are amended to read as follows:
    19    Except  as otherwise provided in article five of the [workmen's] work-
    20  ers' compensation law, in section two  hundred  nine-i  of  the  general
    21  municipal law and in section twenty-one of this chapter:
    22    1.  If at the time of injury the volunteer [fireman] firefighter was a
    23  member of a fire company of  a  county,  city,  town,  village  or  fire
    24  district  fire  department,  any  benefit  under this chapter shall be a
    25  county, city, town, village or fire district charge, as the case may be,
    26  and any claim therefor shall be audited in  the  same  manner  as  other
    27  claims  against the county, city, town, village or fire district and the
    28  amount thereof shall be raised and paid in  the  same  manner  as  other
    29  county, city, town, village or fire district charges.
    30    2.  If at the time of injury the volunteer [fireman] firefighter was a
    31  member of a fire company incorporated under the membership  corporations
    32  law, or any other law, and located in a city, village, or fire district,
    33  protected  under  a  contract  by the fire department or fire company of
    34  which the volunteer [fireman] firefighter  was  a  member,  any  benefit
    35  under  this chapter shall be a city, village or fire district charge, as
    36  the case may be, and any claim therefor shall be  audited  in  the  same
    37  manner  as  other  claims against the city, village or fire district and
    38  the amount thereof shall be raised and paid in the same manner as  other
    39  city, village or fire district charges.
    40    3.  If at the time of injury the volunteer [fireman] firefighter was a
    41  member of a fire company incorporated under the membership  corporations
    42  law,  or  any  other  law, and located in a fire protection district, or
    43  fire alarm district, protected under a contract by  such  fire  company,
    44  any  benefit  under  this  chapter  shall be a town charge and any claim
    45  therefor shall be audited and paid in the same manner  as  town  charges
    46  and the amount thereof shall be raised upon the property liable to taxa-
    47  tion  in the fire protection district or fire alarm district in the same
    48  manner as town charges therein are raised.
    49    4. If at the time of injury the volunteer [fireman] firefighter was  a
    50  member  of a fire company incorporated under the membership corporations
    51  law, or any other law, and located outside  of  a  city,  village,  fire
    52  district,  fire  protection district or fire alarm district, any benefit
    53  under this chapter shall be a town charge and any claim  therefor  shall
    54  be  audited  and  paid in the same manner as town charges and the amount
    55  thereof raised upon the property liable  to  taxation  in  such  outside

        A. 8321--C                         139
 
     1  territory  protected  by  such  fire  company in the same manner as town
     2  charges therein are raised.
     3    5.  If at the time of injury the volunteer [fireman] firefighter was a
     4  member of a fire company or fire department operating in, or  maintained
     5  jointly  by  two  or more villages, or two or more towns, or two or more
     6  fire districts, any benefit under this chapter shall be a charge against
     7  such villages, towns or fire districts, in the proportion that the  full
     8  valuation  of  taxable  real  estate in each bears to the aggregate full
     9  valuation of the taxable real estate of all such villages, towns or fire
    10  districts and the amount thereof shall be audited, raised  and  paid  in
    11  the  same  manner  as other village, town or fire district charges. Full
    12  valuation shall be determined by dividing  the  assessed  valuations  of
    13  taxable real estate of each such village, town or fire district as shown
    14  by  the  latest  completed  assessment roll of the village, town or fire
    15  district by the equalization rate established by  the  authorized  state
    16  agency or officer for such roll; provided, however, in a county having a
    17  county  department  of  assessment  the full valuation in towns and fire
    18  districts shall be determined by applying the  state  equalization  rate
    19  established  for  the  town,  or  the town in which the fire district is
    20  located, to the appropriate portion of the last completed county roll.
    21    6. The provisions of subdivisions one  to  five,  inclusive,  of  this
    22  section  shall  not  apply if the injury results from services performed
    23  when assistance is being rendered to:
    24    a. Another city, town which has a town  fire  department,  village  or
    25  fire  district,  including  one  protected  under a contract by the fire
    26  department or fire company of which the volunteer [fireman]  firefighter
    27  is a member,
    28    b.  A  fire  protection district or fire alarm district, including one
    29  protected under a contract by the fire department  or  fire  company  of
    30  which the volunteer [fireman] firefighter is a member,
    31    c.  The  area of a town protected by a fire company incorporated under
    32  the membership corporations law, or any other law, and  located  outside
    33  of  a  city,  village,  fire district, fire protection district, or fire
    34  alarm district,
    35    d. The unorganized area of a town (outside of a  city,  village,  fire
    36  district,  fire  protection  district,  fire  alarm  district,  and also
    37  outside the area protected by a  fire  company  incorporated  under  the
    38  membership  corporations law, or any other law, and located outside of a
    39  city, village, fire district, fire protection  district  or  fire  alarm
    40  district),
    41    e. The joint area protected by a fire company or fire department oper-
    42  ating  in, or maintained jointly by two or more villages, or two or more
    43  towns, or two or more fire districts,
    44    f. A fire department of a county which has a fire department, or
    45    g. A county which has requested  fire  aid  pursuant  to  section  two
    46  hundred nine-e of the general municipal law,
    47  pursuant  to  a  call to furnish assistance to any such municipal corpo-
    48  ration, district or area in cases of fire or other emergencies,  or  for
    49  other authorized purposes, or while going to or returning from the place
    50  where  the assistance is to be or was rendered, or if death shall result
    51  from the effects of any such injury, and in any such case any such bene-
    52  fit shall be a charge against such aided municipal corporation, district
    53  or area and after audit shall be paid and the amount  thereof  shall  be
    54  raised  upon  the  property  liable to taxation in such municipal corpo-
    55  ration, district or area, in the same manner as  other  charges  against
    56  the same are raised, except that in the cases described at paragraphs b,

        A. 8321--C                         140
 
     1  c  and  d of this subdivision, the town in which the district or area is
     2  located shall be primarily liable for such payment. If there is no prop-
     3  erty liable to taxation in any area described in paragraph d, the  bene-
     4  fit  shall  be a town charge and any claim therefor shall be audited and
     5  paid in the same manner as town charges and the amount thereof shall  be
     6  raised  upon the taxable real property in the town in the same manner as
     7  town charges therein are raised.
     8    In the case of a false call for assistance, any such benefit shall  be
     9  audited,  raised  and paid in the manner provided in subdivisions one to
    10  five, inclusive, of this section, as the case may be.
    11    The term "assistance", as used in this section, includes the  services
    12  of  firefighting  forces, fire police squads, emergency rescue and first
    13  aid squads rendered in case of a  fire  or  other  emergency,  including
    14  stand-by  service,  to  aid  (1) a fire department, fire company, or any
    15  unit thereof, other than that of which  the  volunteer  [fireman]  fire-
    16  fighter  is  a member and (2) owners or occupants of property, and other
    17  persons, whether or not such owners, occupants or persons are  receiving
    18  fire or other emergency service from a fire department, fire company, or
    19  any unit thereof, other than that of which the volunteer [fireman] fire-
    20  fighter is a member.
    21    Except  as  otherwise  provided by law in the case of natural disaster
    22  emergencies, a call to furnish assistance may  be  made  by  any  person
    23  aware  of  the peril involved and the need for assistance or pursuant to
    24  any legally authorized or recognized plan for the furnishing  of  mutual
    25  aid  in cases of fire or other emergency. The call need not originate in
    26  the municipal corporation, district or area ultimately liable for  bene-
    27  fits  under  this section and may be relayed through one or more persons
    28  or mediums of communication.
    29    The provisions of this subdivision [six] shall not apply if the injury
    30  results from services performed by the volunteer  [fireman]  firefighter
    31  in a natural disaster emergency and he or she was serving as part of the
    32  civil  defense  forces activated [pursuant to section six hundred fifty-
    33  six-a of the county law, section  two  hundred  nine-n  of  the  general
    34  municipal  law,  section two hundred nine-o of the general municipal law
    35  as added by chapter six hundred  thirty-one  of  the  laws  of  nineteen
    36  hundred  fifty-seven,  or  section  ten  of the executive law], and when
    37  assistance is being so rendered the benefits to  be  paid  and  provided
    38  under  this chapter shall be paid and provided by the political subdivi-
    39  sions which would be liable under subdivisions one to  five,  inclusive,
    40  of this section.
    41    If death or injury results from the performance of duty by a volunteer
    42  [fireman] firefighter serving as fire chief while inspecting a public or
    43  private  school  pursuant to paragraph c of subdivision seven of section
    44  eight hundred seven-a of the  education  law  for  fire  prevention  and
    45  protection purposes in a fire district, fire protection district or fire
    46  alarm  district  furnished fire protection pursuant to a contract by his
    47  or her fire department or fire company, or from necessary travel direct-
    48  ly connected with any such duty,  then  the  benefits  to  be  paid  and
    49  provided  under  this  chapter  shall  be  a  charge  against  such fire
    50  district, fire protection district or fire alarm district  so  protected
    51  pursuant to contract and after audit shall be paid and the amount there-
    52  of  shall  be  raised  upon  the property liable to taxation in any such
    53  district in the same manner  as  other  charges  against  the  same  are
    54  raised,  except  that  in the case of a fire protection district or fire
    55  alarm district, the town in which  the  district  is  located  shall  be
    56  primarily liable for such payment.

        A. 8321--C                         141
 
     1    If death or injury results from the performance of duty under subdivi-
     2  sion  four of section three hundred three of the multiple residence law,
     3  or from necessary travel directly connected with  any  such  assignment,
     4  and the building or property inspected or to be inspected is not located
     5  in  the  area  regularly  served and protected by the fire department or
     6  fire company of which the volunteer [fireman] firefighter is  a  member,
     7  but  is  located  in  a city, town which has a fire department, village,
     8  fire district, fire protection district or fire  alarm  district  served
     9  and  protected  pursuant  to  a contract for fire protection by the fire
    10  department or fire company of which the volunteer [fireman]  firefighter
    11  is  a member, then the benefits to be paid and provided under this chap-
    12  ter  shall  be  a  charge  against  such  political  subdivision,   fire
    13  protection  district  or  fire  alarm  district so protected pursuant to
    14  contract and after audit shall be paid and the amount thereof  shall  be
    15  raised  upon  the property liable to taxation in such political subdivi-
    16  sion or district in the same manner as other charges  against  the  same
    17  are  raised,  except  that  in the case of a fire protection district or
    18  fire alarm district, the town in which the district is located shall  be
    19  primarily liable for such payment.
    20    If death or injury results from the performance of duty by a volunteer
    21  [fireman]  firefighter  while inspecting buildings for fire hazards in a
    22  city, village, fire district, fire protection  district  or  fire  alarm
    23  district  furnished fire protection pursuant to a contract by his or her
    24  fire department or fire  company,  or  from  necessary  travel  directly
    25  connected  with any such duty, then the benefits to be paid and provided
    26  under this chapter shall be a charge against such  city,  village,  fire
    27  district,  fire  protection district or fire alarm district so protected
    28  pursuant to contract and after audit shall be paid and the amount there-
    29  of shall be raised upon the property liable  to  taxation  in  any  such
    30  city,  village  or  district in the same manner as other charges against
    31  the same are raised, except that  in  the  case  of  a  fire  protection
    32  district  or  fire  alarm  district,  the  town in which the district is
    33  located shall be primarily liable for such payment. This paragraph shall
    34  not be applicable in any city, however, unless a city charter  or  other
    35  law  under  which the city operates, or a local law adopted by the city,
    36  authorizes such an inspection  in  areas  of  the  city  receiving  fire
    37  protection  pursuant to a contract. The term "building," as used in this
    38  paragraph, does not include a multiple dwelling which may  be  inspected
    39  by  such fire department or company under and pursuant to the provisions
    40  of subdivision four of section three hundred three of the multiple resi-
    41  dence law.
    42    The foregoing provisions of this subdivision [six] shall apply only in
    43  cases where volunteer [firemen] firefighters are injured in line of duty
    44  prior to the first day of March, nineteen  hundred  sixty-four;  and  in
    45  death  cases  where  death results from injuries sustained prior to such
    46  date. Where volunteer [firemen] firefighters are injured in line of duty
    47  on or after the first day of March, nineteen hundred sixty-four, and  in
    48  death cases where death results from injuries sustained on or after such
    49  date,  the liability for benefits under this chapter shall be determined
    50  pursuant to subdivisions one to five, inclusive, of this section, except
    51  as otherwise provided  in  article  five  of  the  [workmen's]  workers'
    52  compensation  law,  section  two hundred nine-i of the general municipal
    53  law and in section twenty-one of this chapter.
    54    6-a. The provisions of subdivisions one to  six,  inclusive,  of  this
    55  section  shall  not  apply if the injury results from services performed
    56  when general ambulance service is  furnished  under  a  fire  protection

        A. 8321--C                         142
 
     1  contract pursuant to section two hundred nine-b of the general municipal
     2  law  for  (1)  another city, village or fire district, protected under a
     3  contract by the fire department or fire company of which  the  volunteer
     4  [fireman]  firefighter  is a member or (2) a fire protection district or
     5  fire alarm district, protected under a contract by the  fire  department
     6  or  fire  company  of  which  the  volunteer  [fireman] firefighter is a
     7  member, pursuant to a call to furnish such service in any such municipal
     8  corporation or district, or while going to or returning from  the  place
     9  where  the  service  is to be or was furnished, or if death shall result
    10  from the effects of any such injury, and in any such case any such bene-
    11  fit shall be a charge against such municipal corporation or district and
    12  after audit shall be paid and the amount thereof shall  be  raised  upon
    13  the  property  liable  to  taxation  in  such  municipal  corporation or
    14  district, in the same manner as  other  charges  against  the  same  are
    15  raised,  except  that  in the case of a fire protection district or fire
    16  alarm district the town in which the district is located shall be prima-
    17  rily liable for such payment.
    18    The foregoing provisions of this subdivision [six-a] shall apply  only
    19  in  cases  where volunteer [firemen] firefighters are injured in line of
    20  such general ambulance service duty prior to the  first  day  of  March,
    21  nineteen hundred sixty-four, and in death cases where death results from
    22  injuries  sustained  prior to such date. Where volunteer [firemen] fire-
    23  fighters are injured in line of such general ambulance service  duty  on
    24  or  after  the  first  day of March, nineteen hundred sixty-four, and in
    25  death cases where death results from injuries sustained on or after such
    26  date, the liability for benefits under this chapter shall be  determined
    27  pursuant to subdivisions one to five, inclusive, of this section, except
    28  as  otherwise  provided  in  article  five  of  the [workmen's] workers'
    29  compensation law, section two hundred nine-i of  the  general  municipal
    30  law and section twenty-one of this chapter.
    31    § 281. The closing paragraph of section 31 of the volunteer firefight-
    32  ers'  benefit  law,  as  added  by  chapter  368 of the laws of 1961, is
    33  amended to read as follows:
    34    A contract of insurance indemnifying against the liability imposed  by
    35  this chapter issued by an insurance carrier to a county or a town and in
    36  force  on  or  after  the first day of July, nineteen hundred sixty-one,
    37  shall contain a provision reading as follows:  "This contract  does  not
    38  provide (1) any coverage under the [Workmen's] Workers' Compensation Law
    39  or  the  Volunteer  [Firemen's]  Firefighters' Benefit Law for which any
    40  fire district would be liable under such laws, (2) any [workmen's] work-
    41  ers' compensation benefits for fire district officers and employees  for
    42  which  any  fire district would be liable under the [Workmen's] Workers'
    43  Compensation Law, or (3) any volunteer [firemen's]  firefighters'  bene-
    44  fits  for  any  volunteer  [firemen]  firefighters  for  which  any fire
    45  district would be liable under the Volunteer  [Firemen's]  Firefighters'
    46  Benefit  Law.  The  foregoing  provision  does  not apply in relation to
    47  volunteer  [firemen's]  firefighters'  benefit  coverage  and  volunteer
    48  [firemen's]  firefighters'  benefits provided for and in relation to the
    49  following named fire districts which have expressly  requested  coverage
    50  under  this contract pursuant to the provisions of section thirty-two of
    51  the Volunteer [Firemen's] Firefighters' Benefit Law, to wit:  (If  there
    52  are no exceptions, enter 'No exceptions'). The term 'fire districts', as
    53  used  in  this provision, does not include the fire protection districts
    54  and fire alarm districts mentioned in sections one hundred  eighty-three
    55  and one hundred eighty-four of the Town Law."

        A. 8321--C                         143
 
     1    §  282.  Subdivision  1  of  section 32 of the volunteer firefighters'
     2  benefit law, as amended by chapter 121 of the laws of 1968,  is  amended
     3  to read as follows:
     4    1.  Notwithstanding  any  provision of section thirty of this chapter,
     5  any town may contract for a single policy of insurance indemnifying  (1)
     6  all  fire  protection  districts  and fire alarm districts wholly within
     7  such town which are liable for the payment of benefits under this  chap-
     8  ter,  (2)  all territory within such town outside cities, villages, fire
     9  districts, fire protection districts and fire alarm districts  which  is
    10  liable  for the payment of benefits under this chapter, and (3) the town
    11  in relation to such fire protection districts, fire alarm districts  and
    12  outside  territory, against liability imposed by this chapter. If a town
    13  has any such liability and contracts for such a single policy, then  and
    14  in  that  event only any such policy, if requested by the board of trus-
    15  tees of any village wholly within the town, or  by  the  board  of  fire
    16  commissioners  of  any  fire district wholly within the town, shall also
    17  indemnify such village or fire district against such liability. The cost
    18  of such insurance shall be  a  town  charge  and  shall  be  levied  and
    19  collected in the same manner as other town charges only in the territory
    20  of  such  town  which  is  liable for the payment of benefits under this
    21  chapter and which is outside of  any  village  and  fire  districts  not
    22  covered by such a policy. Nothing in this section contained shall impose
    23  any  additional  liability  on  any  town  for  any  benefit payments in
    24  relation to volunteer [firemen] firefighters.
    25    § 283. Section 40 of  the  volunteer  firefighters'  benefit  law,  as
    26  amended  by  chapter  544  of  the  laws  of 1957, is amended to read as
    27  follows:
    28    § 40. Notice of injury or death. Notice of  an  injury  or  death  for
    29  which  benefits  are  to be paid or provided under this chapter shall be
    30  given to the political subdivision liable for the payment thereof within
    31  ninety days after such injury or death except that such notice need  not
    32  be given if a claim is filed pursuant to section forty-one of this chap-
    33  ter  within  ninety  days after such injury or death. Either such notice
    34  may be given by any person claiming to be entitled to such  benefits  or
    35  by  someone in his or her behalf.  The notice shall be in writing, shall
    36  contain the name and address of the volunteer [fireman] firefighter, and
    37  state in ordinary language the time, place,  nature  and  cause  of  the
    38  injury  and  shall  be signed by him or her or by a person on his or her
    39  behalf or, in case of death, by any one or more of  his  or  her  depen-
    40  dents,  or by a person on their behalf. The notice shall be given to the
    41  clerk of the board of supervisors of  the  county,  the  comptroller  or
    42  chief  financial  officer  of  the city, the town clerk of the town, the
    43  clerk of the village or the secretary of the fire district, as the  case
    44  may be, by delivering it to such officer or by registered letter proper-
    45  ly  addressed  to  such officer. The failure to give notice of injury or
    46  notice of death shall be a bar to any claim under  this  chapter  unless
    47  such  failure  is excused by the [workmen's] workers' compensation board
    48  on any of the following grounds, (1) that for some sufficient reason the
    49  notice could not have been given, (2) that a member of a body in  charge
    50  of, or any officer of, the fire department or fire company had knowledge
    51  within  such  ninety-day  period  of the injuries or death, (3) that the
    52  political subdivision, or its insurance carrier had not been  prejudiced
    53  by  a  delay in giving such notice, or (4) that the cause of disablement
    54  or death was not known to be the result of service performed in line  of
    55  duty  as  a volunteer [fireman] firefighter in sufficient time to comply
    56  with the provisions of this section.

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     1    § 284. Section 41 of  the  volunteer  firefighters'  benefit  law,  as
     2  amended  by  chapter  936  of  the  laws  of 1958, is amended to read as
     3  follows:
     4    § 41. Claim for benefits. The right to claim benefits under this chap-
     5  ter  shall  be barred, except as hereinafter provided, unless within two
     6  years after the injury, or, if death results therefrom, within two years
     7  after such death, a claim for the benefits under this chapter  shall  be
     8  filed  with  the  [chairman]  chairperson  of  the  [workmen's] workers'
     9  compensation board and a copy of such claim shall be filed with the same
    10  officer to whom a notice of injury must be given under section forty  of
    11  this  chapter.  The right of a volunteer [fireman] firefighter or his or
    12  her dependents to claim benefits under this chapter for  disablement  or
    13  death,  as the case may be, caused by disease shall not be barred by the
    14  failure of the volunteer [fireman] firefighter or his or her  dependents
    15  to  file  a  claim within either such period of two years, provided such
    16  claim shall be filed after either such period of two  years  and  within
    17  ninety  days  after  disablement or ninety days after knowledge that the
    18  disease is or was due to service as a volunteer  [fireman]  firefighter,
    19  whichever  is  the  later  date. The claim shall be in substantially the
    20  same form and shall  give  substantially  the  same  information  as  is
    21  required  to be given in a claim under the provisions of section twenty-
    22  eight of the [workmen's] workers' compensation law. Notwithstanding  the
    23  provisions  of any other law, any such claim need not be sworn to, veri-
    24  fied or acknowledged. No case in which an advance payment is made  to  a
    25  volunteer  [fireman]  firefighter or to his or her dependents in case of
    26  death shall be barred by the failure of the  volunteer  [fireman]  fire-
    27  fighter  or  his  or her dependents to file a claim, and the [workmen's]
    28  workers' compensation board may at any time order a hearing on any  such
    29  case in the same manner as though a claim for benefits had been filed.
    30    The  date of injury caused by disease shall be the date of contracture
    31  of such disease as determined by the [workmen's]  workers'  compensation
    32  board  on  the  hearing of the claim and the responsibility of the poli-
    33  tical subdivision liable for the payment of benefits and  its  insurance
    34  carrier shall be fixed by the date of injury as so determined.
    35    §  285. Subdivisions 3 and 4 of section 44 of the volunteer firefight-
    36  ers' benefit law, as amended by chapter 751 of the  laws  of  1957,  are
    37  amended to read as follows:
    38    3.  That  the injury was not occasioned by the wilful intention of the
    39  injured volunteer [fireman] firefighter to bring  about  the  injury  or
    40  death of himself or herself or another;
    41    4.  That the injury did not result solely from the intoxication of the
    42  injured volunteer [fireman] firefighter while acting in line of duty;
    43    § 286. Section 50  of  the  volunteer  firefighters'  benefit  law  is
    44  amended to read as follows:
    45    § 50. Payments pending controversies. In order that the benefits to be
    46  paid  and  provided under this chapter shall be paid promptly where such
    47  benefits are conceded to be due to any person because of the death of or
    48  injuries to a volunteer [fireman] firefighter, but controversy exists as
    49  to which political subdivision is liable for the  payment  thereof,  the
    50  municipal  corporations  and fire districts involved in such controversy
    51  and their insurance carriers, if any, may agree that any one or more  of
    52  such  municipal  [corpoations]  corporations  or  fire  districts or its
    53  insurance carrier shall pay or provide the benefits to, or  in  relation
    54  to,  the person conceded to be entitled to such benefits without waiting
    55  for a final determination of the controversy,  and  may  carry  out  the
    56  provisions  of  such an agreement. Notwithstanding any such payment, any

        A. 8321--C                         145
 
     1  party to the agreement may seek a final determination of the controversy
     2  in the same manner as if such benefits had not been paid or provided and
     3  any such payment or provision of benefits shall not prejudice any rights
     4  of  the political subdivision or its insurance carrier paying or provid-
     5  ing the same, nor be taken as an admission against interest.    After  a
     6  final  determination  the parties to the agreement shall make any neces-
     7  sary and proper reimbursement to conform to the determination.
     8    § 287. Section 56  of  the  volunteer  firefighters'  benefit  law  is
     9  amended to read as follows:
    10    § 56. Non-duplication of benefits. If benefits are required to be paid
    11  under  this  chapter  in  the event of injury to or death of a volunteer
    12  [fireman] firefighter, the  volunteer  [fireman]  firefighter  or  other
    13  persons entitled to such benefits shall not receive [workmen's] workers'
    14  compensation  under  the  provisions of the [workmen's] workers' compen-
    15  sation law in relation to such injury or death.
    16    § 288. Subdivision 1 of section  61  of  the  volunteer  firefighters'
    17  benefit  law, as added by chapter 668 of the laws of 1977, is amended to
    18  read as follows:
    19    1. A claim for benefits for the death or  disability  of  a  volunteer
    20  [fireman]  firefighter  due to disease or malfunction of the heart or of
    21  one or more coronary arteries filed in accordance with section forty-one
    22  of this chapter, shall not be denied provided  the  claimant  introduces
    23  evidence  which  establishes  that  a  volunteer  [fireman]  firefighter
    24  suffered disease or malfunction of the heart or of one or more  coronary
    25  arteries  which  caused the disablement or death of the volunteer [fire-
    26  man] firefighter, and that such disease or malfunction resulted from the
    27  duties and activities in which the volunteer [fireman]  firefighter  was
    28  engaged  as set forth in section five of this chapter for which benefits
    29  shall be paid, unless it can be shown by  substantial  evidence  to  the
    30  contrary that the duties and activities of the volunteer [fireman] fire-
    31  fighter  in which the volunteer [fireman] firefighter was engaged at the
    32  time of such disease or malfunction did not cause  or  precipitate  such
    33  disease  or  malfunction;  and  further provided that the injury did not
    34  result solely from the intoxication of  the  volunteer  [fireman]  fire-
    35  fighter while acting in line of duty or was not occasioned by the wilful
    36  intention  of  the  volunteer  [fireman]  firefighter to bring about the
    37  injury or death of himself or herself or another.
    38    § 289. Section 70 of  the  volunteer  firefighters'  benefit  law,  as
    39  amended  by  chapter  751  of  the  laws  of 1957, is amended to read as
    40  follows:
    41    § 70. References to [workmen's] workers' compensation law.  Where  the
    42  provisions  of  any  section  or  part of any section of the [workmen's]
    43  workers' compensation law are made applicable to this  chapter  and  are
    44  incorporated  herein  by  reference,  the  following  terms used in such
    45  provisions of the [workmen's] workers' compensation law shall  have  the
    46  following meanings when read in connection with this chapter:
    47    1. "Accident" means "injury" as defined in this chapter.
    48    2. "Dependent husband" means the "surviving spouse" of a [female fire-
    49  man] firefighter, as defined in this chapter.
    50    3.  "Employee" means a volunteer [fireman] firefighter who has been or
    51  might be injured in line of duty or who  dies  or  might  die  from  the
    52  effects of such an injury.
    53    4.  "Employment" means service of a volunteer [fireman] firefighter in
    54  line of duty.
    55    5. "Employer" means the political subdivision liable  for  payment  of
    56  financial benefits pursuant to this chapter.

        A. 8321--C                         146
 
     1    6. "Injury" means "injury" as defined in this chapter.
     2    7. "Injured workman" means injured volunteer [fireman] firefighter.
     3    8.  "Insurance  carrier"  means "insurance carrier" as defined in this
     4  chapter.
     5    9. "Same employ" means the same fire department or fire company, or in
     6  the same service for a political subdivision, or district or area there-
     7  of, pursuant to a call for assistance.
     8    10. "[Workmen's] Workers' compensation" means the benefits payable  to
     9  a  volunteer  [fireman] firefighter or his or her dependents pursuant to
    10  this chapter, including  medical  treatment  and  care,  except  when  a
    11  different meaning obviously is intended.
    12  Where any such section is so made applicable and is so incorporated, and
    13  there  is  a  reference  therein  to another section or provision of the
    14  [workmen's] workers' compensation law which also has been made  applica-
    15  ble  to  this  chapter,  such  reference  shall be deemed to include the
    16  applicable section or provision of this chapter  if  such  inclusion  is
    17  consistent with the provisions of this chapter.
    18    § 290. Elimination of the terms "fireman" and "policeman". (a) Whenev-
    19  er  the  term  "fireman" or any equivalent expression thereof is used in
    20  any provision of law, such term shall be deemed to mean and refer  to  a
    21  "firefighter".
    22    (b) Whenever the term "policeman" or any equivalent expression thereof
    23  is  used  in any provision of law, such term shall be deemed to mean and
    24  refer to a "police officer".
    25    § 291. Subsequent acts of the legislature. Any provision of any act of
    26  the legislature enacted in the  calendar  year  in  which  this  act  is
    27  enacted, which contains a reference to:
    28    (a)  a  fireman or an equivalent expression thereof shall be deemed to
    29  mean or refer to a firefighter as the context requires pursuant  to  the
    30  provisions of this act; and
    31    (b) a policeman or an equivalent expression thereof shall be deemed to
    32  mean  or  refer  to a police officer as the context requires pursuant to
    33  the provisions of this act.
    34    § 292. This act shall  take  effect  immediately,  provided,  however,
    35  that:
    36    a.  the amendments to section 30 of the workers' compensation law made
    37  by section thirteen of this act, the amendments to subdivisions 1, 4 and
    38  6 of section 207-c of the general municipal law made by  section  fifty-
    39  six  of  this act, and the amendments to paragraph 1 of subdivision c of
    40  section 340 of the retirement and social security law  made  by  section
    41  one  hundred  eighty-two  of this act shall take effect on the same date
    42  and same manner as chapter 628 of the laws of 1991, take effect; and
    43    b. the amendments to subdivision 1 of  section  61  of  the  volunteer
    44  firefighters'  benefit  law  made by section two hundred eighty-eight of
    45  this act shall not affect the repeal of such section and shall be deemed
    46  to repeal therewith.
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