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A07383 Summary:

A07383 Actions:

A07383 Floor Votes:

A07383 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7383--A
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 2, 2009
                                       ___________
 
        Introduced  by  M. of A. CUSICK, BOYLAND, CASTRO, PHEFFER, PERRY, AUBRY,
          HYER-SPENCER, M. MILLER, MILLMAN, COLTON,  TITONE,  SPANO,  DenDEKKER,
          O'DONNELL  --  Multi-Sponsored  by -- M. of A. BARRON, GIBSON, HOOPER,
          JOHN, MARKEY, MAYERSOHN -- read once and referred to the Committee  on
          Governmental Employees -- recommitted to the Committee on Governmental

          Employees  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation  to health insurance coverage for surviving spouses or domes-
          tic partners of members of the New York city department of  correction
          or sanitation who are enrolled in a health insurance plan
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph 2 of subdivision  b  of  section  12-126  of  the
     2  administrative  code  of the city of New York, as amended by chapter 436
     3  of the laws of 2001, the opening  paragraph  as  amended  by  local  law
     4  number 22 of the city of New York for the year 2007, subparagraph (i) as

     5  amended  by local law number 9 of the city of New York for the year 2009
     6  and subparagraph (ii) as amended by chapter 339 of the laws of 2008,  is
     7  amended to read as follows:
     8    (2) Health insurance coverage for surviving spouses, domestic partners
     9  and  children  of  police  officers, firefighters and certain other city
    10  employees:
    11    (i) Where the death of a member of the uniformed forces of the  police
    12  or  fire  departments  is  or was the natural and proximate result of an
    13  accident or injury sustained while  in  the  performance  of  duty,  the
    14  surviving  spouse  or  domestic  partner,  until he or she dies, and the
    15  children under the age of nineteen years  and  any  such  child  who  is
    16  enrolled  on a full-time basis in a program of undergraduate study in an
    17  accredited degree-granting institution of higher  education  until  such
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10216-02-0
        A. 7383--A                          2
 
     1  child  completes  his  or  her educational program or reaches the age of
     2  twenty-three years, whichever comes first, shall be afforded  the  right
     3  to  health  insurance  coverage,  and health insurance coverage which is
     4  predicated  on  the  insured's  enrollment  in  the hospital and medical
     5  program for the aged and disabled under the social security act,  as  is
     6  provided  for  city employees, city retirees and their dependents as set
     7  forth in paragraph one  of  this  subdivision.  Where  the  death  of  a
     8  uniformed  member  of  the  correction  or  sanitation  departments  has

     9  occurred while such employee was in active service as  the  natural  and
    10  proximate  result  of  an  accident  or  injury  sustained  while in the
    11  performance of duty, the surviving spouse or domestic partner, until  he
    12  or  she  dies,  and  the  child of such employee who is under the age of
    13  nineteen years and any such child who is enrolled on a  full-time  basis
    14  in  a  program  of  undergraduate study in an accredited degree-granting
    15  institution of higher education until such child completes  his  or  her
    16  educational  program or reaches the age of twenty-three years, whichever
    17  comes first, shall be afforded the right to health  insurance  coverage,
    18  and  health  insurance  coverage  which  is  predicated on the insured's
    19  enrollment in the hospital and medical program for the aged and disabled
    20  under the social security act, as is provided for city  employees,  city

    21  retirees  and  their  dependents  as  set forth in paragraph one of this
    22  subdivision. Where the death of an employee of the  fire  department  of
    23  the  city  of New York who was serving in a title whose duties are those
    24  of an emergency medical technician or advanced emergency medical techni-
    25  cian (as those terms are defined in section three thousand  one  of  the
    26  public  health  law), or whose duties required the direct supervision of
    27  employees whose duties are those of an emergency medical  technician  or
    28  advanced  emergency  medical  technician  (as those terms are defined in
    29  section three thousand one of the public  health  law)  is  or  was  the
    30  natural and proximate result of an accident or injury sustained while in
    31  the  performance  of  duty  on or after September eleventh, two thousand
    32  one, the surviving spouse or domestic partner, until he or she dies, and

    33  the children under the age of nineteen years and any such child  who  is
    34  enrolled  on a full-time basis in a program of undergraduate study in an
    35  accredited degree-granting institution of higher  education  until  such
    36  child  completes  his  or  her educational program or reaches the age of
    37  twenty-three years, whichever comes first, shall be afforded  the  right
    38  to  health  insurance  coverage,  and health insurance coverage which is
    39  predicated on the insured's  enrollment  in  the  hospital  and  medical
    40  program  for  the aged and disabled under the social security act, as is
    41  provided for city employees, city retirees and their dependents  as  set
    42  forth in paragraph one of this subdivision. The mayor may, in his or her
    43  discretion,  authorize  the  provision of such health insurance coverage
    44  for the surviving spouses, domestic partners and children  of  employees

    45  of  the  fleet services division of the police department who died on or
    46  after October first, nineteen  hundred  ninety-eight  and  before  April
    47  thirtieth,  nineteen  hundred  ninety-nine,  and  the surviving spouses,
    48  domestic partners and children of employees of the  roadway  repair  and
    49  maintenance  division of the department of transportation who died on or
    50  after September first, two thousand five and  before  September  twenty-
    51  eighth,  two thousand five, and the surviving spouses, domestic partners
    52  and children of employees of the bureau of wastewater treatment  of  the
    53  department  of  environmental  protection  who  died on or after January
    54  eighth, two thousand nine and before January tenth, two thousand nine as
    55  a natural and proximate result of an accident or injury sustained  while
    56  in  the  performance  of duty, subject to the same terms, conditions and

        A. 7383--A                          3
 
     1  limitations set forth in the section. Provided,  however,  and  notwith-
     2  standing  any other provision of law to the contrary, and solely for the
     3  purposes of this  subparagraph,  a  member  otherwise  covered  by  this
     4  subparagraph  shall  be deemed to have died as the natural and proximate
     5  result of an accident or injury sustained while in  the  performance  of
     6  duty  upon  which  his  or  her  membership is based, provided that such
     7  member was in active service upon which his or her membership  is  based
     8  at  the time that such member was ordered to active duty, other than for
     9  training purposes, pursuant to Title 10 of the United States Code,  with
    10  the  armed  forces  of  the United States, and such member died while on
    11  active duty on or after the effective date of local law  number  ninety-

    12  six of the city of New York for the year two thousand five while serving
    13  on such active military duty.
    14    (ii)  Where  a  retired  member  of  the  fire  department dies and is
    15  enrolled in a health insurance  plan,  the  surviving  spouse  shall  be
    16  afforded  the  right to such health insurance coverage and health insur-
    17  ance coverage which is predicated on the  insured's  enrollment  in  the
    18  hospital  and medical program for the aged and disabled under the social
    19  security act as is provided for retirees and  their  dependents  as  set
    20  forth  in  subparagraph  (i)  of this paragraph, provided such surviving
    21  spouse pays one hundred two percent of the group rate for such coverage,
    22  with two  percent  intended  to  cover  administrative  costs  incurred,
    23  provided  such  spouse  elects such health insurance coverage within one

    24  year of the death of his or her spouse. For purposes  of  this  subpara-
    25  graph,  "retired  member  of  the fire department" shall include persons
    26  who, immediately prior to retirement, were employed by the fire  depart-
    27  ment  of  the  city  of New York in a title whose duties are those of an
    28  emergency medical technician or advanced  emergency  medical  technician
    29  (as  those terms are defined in section three thousand one of the public
    30  health law), or whose duties required the direct supervision of  employ-
    31  ees  whose  duties  are  those  of  an  emergency  medical technician or
    32  advanced emergency medical technician (as those  terms  are  defined  in
    33  section three thousand one of the public health law).
    34    (iii)  Where  a  retired  member  of  the police department, including
    35  premerger retirees who were police officers employed  by  the  New  York

    36  city  housing authority or the New York city transit authority, dies and
    37  is enrolled in a health insurance plan, the surviving  spouse  shall  be
    38  afforded  the  right to such health insurance coverage and health insur-
    39  ance coverage which is predicated on the  insured's  enrollment  in  the
    40  hospital  and medical program for the aged and disabled under the social
    41  security act as is provided for retirees and  their  dependents  as  set
    42  forth  in  subparagraph  (i)  of this paragraph, provided such surviving
    43  spouse pays one hundred two percent of the group rate for such coverage,
    44  with two  percent  intended  to  cover  administrative  costs  incurred,
    45  provided  such  spouse  elects such health insurance coverage within one
    46  year of the death of his or her spouse.
    47    (iv) Where an active or retired member of the New York city department

    48  of correction or sanitation dies and is enrolled in a  health  insurance
    49  plan,  the  surviving  spouse  or domestic partner shall be afforded the
    50  right to such health insurance coverage and  health  insurance  coverage
    51  which  is  predicated  on  the  insured's enrollment in the hospital and
    52  medical program for the aged and disabled under the social security  act
    53  as is provided for retirees and their dependents as set forth in subpar-
    54  agraph (i) of this paragraph, provided such surviving spouse or domestic
    55  partner  pays  one hundred two percent of the group rate for such cover-
    56  age, with two percent intended to cover administrative  costs  incurred,
        A. 7383--A                          4
 

     1  provided  such  spouse  or domestic partner elects such health insurance
     2  coverage within one year of the death of his or her spouse  or  domestic
     3  partner.
     4    § 2. This act shall take effect immediately.