Makes certain domestic partners, parents, and widows and children of firefighters dying as a result of the terrorist attacks of 9/11/01 eligible for the special accidental death benefits provided pursuant to section 208-f of the general municipal law; defines domestic partner broadly; affirms authority of the courts to find and determine domestic partners pursuant to various criteria; makes the surviving domestic partners of certain deceased firefighters eligible for health insurance coverage; makes the surviving siblings of certain deceased firefighters eligible for certain pension benefits.
STATE OF NEW YORK
________________________________________________________________________
7716
IN SENATE
June 17, 2002
___________
Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to make certain domestic partners, parents, and widows and chil-
dren of certain firefighters dying at the World Trade Center on
September 11, 2001 eligible for special accidental death benefits
pursuant to section 208-f of the general municipal law (PART A); and
to make certain domestic partners of certain firefighters dying at the
World Trade Center on September 11, 2001 eligible for health benefits
and to make the surviving siblings of certain firefighters so dying
eligible for certain pension benefits (PART B)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to redress the catastrophic effects of terrorist
3 attacks on the World Trade Center on September 11, 2001 on the survivors
4 of certain New York City firefighters. Each component is wholly
5 contained within a part identified as parts A and B. The effective date
6 for each particular provision contained within such part is set forth in
7 the last section of such part. Any provision in any section contained
8 within a part, including the effective date of the part, which makes
9 reference to a section "of this act", when used in connection with that
10 particular component, shall be deemed to mean and refer to the corre-
11 sponding section of the part in which it is found. Section three of this
12 act sets forth the general effective date of this act.
13 PART A
14 Section 1. a. The legislature finds and determines that Lawrence
15 Virgilio, James Pappageorge, Jay Ogren, Sergio Villanueva, John Chipura,
16 Kevin Donnelly, Keith Glascoe, Martin McWiliams, Dennis Mojica, Thomas
17 A. Casoria, Paul Gill, Kevin Prior, Dana Hannon, Scott Kopytko, Jeffrey
18 Stark, and Mike Ragusa were employed as firefighters by the fire depart-
19 ment of the city of New York and were killed in the course of such
20 employment at the World Trade Center on September 11, 2001. Notwith-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16006-09-2
S. 7716 2
1 standing any provision of any general, special, or local law to the
2 contrary, the provisions of section 208-f of the general municipal law
3 shall be deemed to apply to the registered and unregistered domestic
4 partners of Lawrence Virgilio, James Pappageorge, Jay Ogren, Sergio
5 Villanueva, John Chipura, Kevin Donnelly, Keith Glascoe, Martin McWil-
6 iams, Dennis Mojica, Thomas A. Casoria, Paul Gill, Kevin Prior, Dana
7 Hannon, Scott Kopytko, Jeffrey Stark, and Mike Ragusa, and such domestic
8 partners shall be eligible for the special accidental death benefit
9 provided by such section upon the same terms and conditions as other
10 persons eligible to receive benefits pursuant to such section. The bene-
11 fits provided by this section shall be payable from the general fund in
12 monthly installments.
13 b. For the purposes of this section, "domestic partner" shall mean a
14 person at least eighteen years of age who:
15 (i) was dependent upon the firefighter for support as shown by either
16 unilateral dependence or mutual interdependence, as evidenced by a nexus
17 of factors including, but not limited to, children in common, common
18 ownership of real or personal property, signs of intent to marry, common
19 householding, shared budgeting, and the length of the personal relation-
20 ship with the firefighter; or
21 (ii) was registered as the domestic partner of the firefighter with
22 any employer or with any registry of domestic partnerships maintained by
23 the state or by any county, city, town, or village prior to the fire-
24 fighter's death.
25 (iii) For the purposes of this section, the definition of domestic
26 partner made by this subdivision shall supplement or supersede any
27 inconsistent definition of such term by any other general, special, or
28 local law, ordinance, code, or charter so that no person qualifying as a
29 domestic partner, as defined in this subdivision, whether registered or
30 unregistered, shall, for the purposes of this section, be deemed not to
31 be a domestic partner.
32 (iv) For the purposes of this section, the term "domestic partner"
33 shall include the term "surviving domestic partner".
34 (v) The term "domestic partner" shall not include any person who is
35 related by blood to the victim in a manner that would bar marriage to
36 the victim in New York state.
37 c. (i) The definition of the term "domestic partner" made by subdivi-
38 sion b of this section shall not be construed to be an exclusive defi-
39 nition.
40 (ii) The introduction or enactment of this section shall not be
41 construed to divest any court of any authority such court may otherwise
42 have to adjudicate a person a domestic partner on the basis of any
43 criteria other than those specified in this subdivision, whether such
44 person has or has not registered as a domestic partner, or to adjudicate
45 a person to be otherwise entitled to benefit pursuant to section 208-f
46 of the general municipal law, whether such person has or has not regis-
47 tered as a domestic partner.
48 § 2. The legislature finds and determines that certain persons were
49 employed as firefighters by the fire department of the city of New York
50 and were killed in the course of such employment at the World Trade
51 Center on September 11, 2001, leaving as their survivors their dependent
52 parents. Notwithstanding any provision of any general, special, or local
53 law to the contrary, the provisions of section 208-f of the general
54 municipal law shall be deemed to apply to the dependent parents of such
55 deceased firefighters, and such parents shall be eligible for the
56 special accidental death benefit provided by such section upon the same
S. 7716 3
1 terms and conditions as other persons eligible to receive benefits
2 pursuant to such section. The benefits provided by this section shall be
3 payable from the general fund in monthly installments.
4 § 3. The legislature further finds and determines that certain persons
5 were employed as firefighters by the fire department of the city of New
6 York and were killed in the course of such employment at the World Trade
7 Center on September 11, 2001, leaving as their survivors their dependent
8 parents. The legislature further finds and determines that James J.
9 Corrigan, William X. Wren, and Phillip T. Hayes were formerly employed
10 as firefighters by the fire department of the city of New York and were
11 killed while retired from such employment and in the course of fire-
12 fighting at the World Trade Center on September 11, 2001. Notwithstand-
13 ing any provision of any general, special, or local law to the contrary,
14 the provisions of section 208-f of the general municipal law shall be
15 deemed to apply to the widows and children of James J. Corrigan, William
16 X. Wren, and Phillip T. Hayes, and such widows and children shall be
17 eligible for the special accidental death benefit provided by such
18 section upon the same terms and conditions as other persons eligible to
19 receive benefits pursuant to such section. Furthermore, James J. Corri-
20 gan, William X. Wren, and Phillip T. Hayes, shall be deemed, as of
21 September 11, 2001 to have been fully reinstated to full active employ-
22 ment status, at their highest achieved rank and status, on and as of
23 September 11, 2001 without any dimunition or return of their previously
24 received retirement benefits. The benefits provided by this section
25 shall be payable from the general fund in monthly installments.
26 § 4. This act shall take effect immediately and shall be deemed to
27 have been in full force and effect on and after September 10, 2001.
FISCAL NOTE.--If this bill were to be enacted in the 2002 Legislative
Session, the cost to the city in fiscal year 2002-03 would be approxi-
mately $1 million.
The source of this fiscal note is Jonathan Schwartz, consulting actu-
ary.
28 PART B
29 Section 1. a. The legislature finds and determines that Lawrence
30 Virgilio, James Pappageorge, Jay Ogren, Sergio Villanueva, John Chipura,
31 Kevin Donnelly, Keith Glascoe, Martin McWiliams, Dennis Mojica, Thomas
32 A. Casoria, Paul Gill, Kevin Prior, Dana Hannon, Scott Kopytko, Jeffrey
33 Stark, and Mike Ragusa were employed as firefighters by the fire depart-
34 ment of the city of New York and were killed in the course of such
35 employment at the World Trade Center on September 11, 2001. Notwith-
36 standing any provision of any general, special, or local law or any
37 code, ordinance, or charter to the contrary, the provisions of section
38 12-126 of the administrative code of the city of New York and any other
39 applicable provision of law shall be deemed to apply to the registered
40 and unregistered domestic partners of Lawrence Virgilio, James Pappag-
41 eorge, Jay Ogren, Sergio Villanueva, John Chipura, Kevin Donnelly, Keith
42 Glascoe, Martin McWiliams, Dennis Mojica, Thomas A. Casoria, Paul Gill,
43 Kevin Prior, Dana Hannon, Scott Kopytko, Jeffrey Stark, and Mike Ragusa,
44 and such domestic partners shall be eligible for the health insurance
45 coverage provided pursuant to such section 12-126 and any other applica-
46 ble provision of law upon the same terms and conditions as apply to
47 surviving spouses pursuant to such section or other applicable provision
48 of law.
S. 7716 4
1 b. For the purposes of this section, "domestic partner" shall mean a
2 person at least eighteen years of age who:
3 (i) was dependent upon the firefighter for support as shown by either
4 unilateral dependence or mutual interdependence, as evidenced by a nexus
5 of factors including, but not limited to, children in common, common
6 ownership of real or personal property, signs of intent to marry, common
7 householding, shared budgeting, and the length of the personal relation-
8 ship with the firefighter; or
9 (ii) was registered as the domestic partner of the firefighter with
10 any employer or with any registry of domestic partnerships maintained by
11 the state or by any county, city, town, or village prior to the fire-
12 fighter's death.
13 (iii) For the purposes of this section, the definition of domestic
14 partner made by this subdivision shall supplement or supersede any
15 inconsistent definition of such term by any other general, special, or
16 local law, ordinance, code, or charter so that no person qualifying as a
17 domestic partner, as defined in this subdivision, whether registered or
18 unregistered, shall, for the purposes of this section, be deemed not to
19 be a domestic partner.
20 (iv) For the purposes of this section, the term "domestic partner"
21 shall include the term "surviving domestic partner".
22 (v) The term "domestic partner" shall not include any person who is
23 related by blood to the victim in a manner that would bar marriage to
24 the victim in New York state.
25 c. (i) The definition of the term "domestic partner" made by subdivi-
26 sion b of this section shall not be construed to be an exclusive defi-
27 nition.
28 (ii) The introduction or enactment of this section shall not be
29 construed to divest any court of any authority such court may otherwise
30 have to adjudicate a person a domestic partner on the basis of any
31 criteria other than those specified in this subdivision, whether such
32 person has or has not registered as a domestic partner, or to adjudicate
33 a person to be otherwise entitled to benefit pursuant to section 12-126
34 of the administrative code of the city of New York or other applicable
35 provision of law, whether such person has or has not registered as a
36 domestic partner.
37 § 2. The legislature finds and determines that certain persons were
38 employed as firefighters by the fire department of the city of New York
39 and were killed in the course of such employment at the World Trade
40 Center on September 11, 2001, leaving as their nearest survivors their
41 siblings. Notwithstanding any provision of any general, special, or
42 local law or any code, ordinance, or charter to the contrary, the
43 surviving siblings of such persons shall share among themselves equally,
44 to be paid in a single lump sum, a pension benefit to be determined as
45 follows, in lieu of any other pension benefit otherwise payable on
46 behalf of such deceased firefighters. For each such firefighter, there
47 shall be calculated an estimate of the service retirement benefit that
48 would have been payable to such firefighter if such firefighter had
49 retired for service with twenty years of retirement service credit as a
50 firefighter, multiplied by an actuarial estimate of the remaining years
51 of life expectancy of such firefighter at the age that he or she would
52 have attained upon accrual of twenty years of retirement service credit
53 as a firefighter. Such product shall be discounted to its present value
54 using an actuarially appropriate rate. Such discounted present value
55 amount shall be divided equally among the surviving siblings of their
S. 7716 5
1 respective deceased firefighter sibling and paid to them by the applica-
2 ble pension fund.
3 § 3. This act shall take effect immediately and shall be deemed to
4 have been in full force and effect on and after September 10, 2001.
FISCAL NOTE.--If this bill were to be enacted in the 2002 Legislative
Session, the cost to the city in fiscal year 2002-03 would be appropri-
ately $500,000.
The source of this fiscal note is Jonathan Schwartz, consulting actu-
ary.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of parts A and B of this act shall be as
specifically set forth in the last section of such parts.