Provides for a disability benefit for employees of the New York city transit authority, and its subsidiary corporations, who are disabled by reason of an assault sustained in the course of employment.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9004
SPONSOR: Tapia TITLE OF BILL:
An act to amend the public authorities law, in relation to providing a
disability benefit for employees of the New York city transit authority
and its subsidiary corporations who are disabled by reason of an assault
sustained in the course of employment
PURPOSE OR GENERAL IDEA OF BILL:
This bill would amend the public authorities law in regard to adding a
new section 1210-b to permit employees who sustain an injury that makes
them eligible for workers compensation benefits as the result of an
assault sustained in the course of employment to collect an additional
benefit equal to one half of the weekly workers compensation payment.
SUMMARY OF SPECIFIC PROVISIONS:
§ 1 of this bill amends the public authorities law by adding section
1210-b. This section goes on to define "authority" to mean the NYC tran-
sit authority and any of its subsidiary corporations. This section
defines "employee" to mean any officer or employee of the authority.
Subsection 2 states that any employees who sustain an injury that makes
them eligible for workers compensation benefits as the result of an
assault sustained in the course of employment shall be entitled, in
addition to any worker's compensation payment and any other benefit
received by the employee owing to such disability whether pursuant to
law or contract, to a disability benefit payment equal to one half of
the weekly workers' compensation payment, excluding scheduled awards
that the employee receives for the same disability. Such disability
payment shall be made by the authority bi-weekly and shall continue for
so long as the employee receives a workers' compensation payment for the
same disability. The benefits provided for in this section shall not be
deemed to offset or reduce any other payment to which the employee is
otherwise entitled.
JUSTIFICATION:
Recent high-profile incidents of violence directed at employees of the
New York City Transit Authority - including the physical attack of a
subway train conductor at a Brooklyn station in March of 2015 and the
growing presence of a group of vandals calling themselves the "Subway
Conquestors" and other organized bands of vandals - has substantially
increased the dangers faced by those who serve the riding public. This
legislation recognizes those dangers and adopts a sound public policy
requiring that employees involved in incidents of assault should be
compensated for the additional harm incurred in the service of their
employer.
PRIOR LEGISLATIVE HISTORY:
Assembly:
03/01/21 referred to corporations, authorities and commissions
01/05/22 referred to corporations, authorities and commissions
01/22/19 Referred to Corporations, authorities and commissions,
01/03/18 Referred to Corporations, authorities and commissions,
01/27/17 Referred to Corporations, authorities and commissions,
01/06/16 Referred to Corporations, authorities and commissions,
06/01/15 Referred to Corporations, authorities and commissions,
01/08/14 Referred to Corporations, authorities and commissions,
01/09/13 Referred to Corporations, authorities and commissions,
01/04/12 Referred to Corporations, authorities and commissions,
01/24/11 Referred to Corporations, authorities and commissions
Senate:
01/03/18 Referred to Transportation,
02/24/17 Referred to Transportation,
01/06/16 Referred to Transportation,
02/04/15 Referred to Transportation
01/08/14 Referred to Transportation
FISCAL IMPLICATIONS:
Minimal
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9004
IN ASSEMBLY
February 1, 2024
___________
Introduced by M. of A. TAPIA -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to providing a
disability benefit for employees of the New York city transit authori-
ty and its subsidiary corporations who are disabled by reason of an
assault sustained in the course of employment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public authorities law is amended by adding a new
2 section 1210-b to read as follows:
3 § 1210-b. Disability benefit for employees. 1. As used in this
4 section, the following terms shall have the following meanings:
5 a. "Authority" shall mean the New York city transit authority and any
6 of its subsidiary corporations, including the Manhattan and Bronx
7 surface operating authority.
8 b. "Employee" shall mean any officer or employee of the authority.
9 2. Any employee of the authority who, after the effective date of this
10 section, sustains an injury for which he or she is determined to be
11 eligible for workers' compensation benefits as a result of an assault
12 sustained in the course of his or her employment shall be entitled, in
13 addition to any workers' compensation payment and any other benefit
14 received by the employee owing to such disability whether pursuant to
15 law or contract, to a disability benefit payment equal to one-half of
16 the weekly workers' compensation payment, excluding schedule awards that
17 the employee receives for the same disability. Such disability payment
18 shall be made by the authority bi-weekly and shall continue for so long
19 as the employee receives a workers' compensation payment for the same
20 disability. The benefits provided for in this section shall not be
21 deemed to offset or reduce any other payment to which the employee is
22 otherwise entitled.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02336-01-3
