Rpld §6 sub 1-a, amd §7, Civ Serv L; amd §92-d, Gen Muni L; amd §12-140, NYC Ad Cd; amd §6, Chap of 2019 (as
proposed in S.5890-A & A.7819-A)
 
Relates to sick leave for certain individuals with a qualifying World Trade Center condition and rights of public employers and employees relating thereto.
STATE OF NEW YORK
________________________________________________________________________
8970
IN ASSEMBLY
January 6, 2020
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Governmental Employees
AN ACT to amend the civil service, the general municipal law and the
administrative code of the city of New York, in relation to the review
of certain claims; to amend a chapter of the laws of 2019, amending
the general municipal law and other laws relating to sick leave for
officers and employees with a qualifying World Trade Center condition,
as proposed in legislative bills numbers S.5890-A and A.7819-A, in
relation to sick leave for certain individuals with a qualifying World
Trade Center condition and rights of public employers and employees
relating thereto; and to repeal certain provisions of the civil
service law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1-a of section 6 of the civil service law, as
2 added by a chapter of the laws of 2019, amending the general municipal
3 law and other laws relating to sick leave for officers and employees
4 with a qualifying World Trade Center condition as proposed in legisla-
5 tive bills numbers S.5890-A and A.7819-A, is REPEALED.
6 § 2. Section 7 of the civil service law is amended by adding a new
7 subdivision 8 to read as follows:
8 8. The president shall have the power to review claims for reimburse-
9 ment submitted by public authorities or municipal corporations other
10 than a city with a population of a million or more pursuant to section
11 ninety-two-d of the general municipal law to determine if such claim
12 shall be approved, reduced, amended or rejected. Such review and deter-
13 mination shall be made in accordance with section ninety-two-d of the
14 general municipal law.
15 § 3. Section 92-d of the general municipal law, as amended by section
16 1 and subdivisions 2, 3, 4, 5, 6, 7, and 8 as added by section 2 of a
17 chapter of the laws of 2019, amending the general municipal law and
18 other laws relating to sick leave for officers and employees with a
19 qualifying World Trade Center condition, as proposed in legislative
20 bills numbers S.5890-A and A.7819-A, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03751-07-9
A. 8970 2
1 § 92-d. Sick leave for officers and employees with a qualifying World
2 Trade Center condition. 1.(a) Notwithstanding any other law, rule or
3 regulation to the contrary, officers and employees of the state, a
4 public authority or any municipal corporation outside of a city with a
5 population of one million or more who have filed and received approval
6 for such filed notice of participation in World Trade Center rescue,
7 recovery or cleanup operations or was a participant in World Trade
8 Center rescue, recovery, or cleanup operations as such term is defined
9 in section one hundred sixty-one of the workers' compensation law, who
10 does not have such filed and approved notice of participation and has
11 filed a notice of participation under section one hundred sixty-two of
12 the workers' compensation law and is now employed by the state, a public
13 authority, or any municipal corporation, and subsequently [develop]
14 developed a qualifying World Trade Center condition, as defined in
15 section two of the retirement and social security law, shall, after the
16 receipt of a written request for line of duty sick leave, be granted
17 line of duty sick leave commencing on the date that such employee was
18 diagnosed with a qualifying World Trade Center condition regardless of
19 whether such officer or employee was employed by his or her current
20 employer at the time that such officer or employee participated in World
21 Trade Center rescue, recovery or cleanup operations. The officer or
22 employee shall be compensated at his or her regular rate of pay for
23 those regular work hours during which the officer or employee is absent
24 from work due to his or her qualifying World Trade Center condition.
25 Such leave shall be provided without loss of an officer or employee's
26 accrued sick leave.
27 (b) A public employer shall not take any adverse personnel action
28 against a public employee regarding the employee's employment because
29 either (i) the employee utilizes, or requests to utilize, sick leave or
30 any other available leave due to a qualifying World Trade Center condi-
31 tion, as such term is defined in section two of the retirement and
32 social security law, or (ii) the employee utilizes or requests to
33 utilize line of duty sick leave provided by this section.
34 (c) For purposes of this section, an "adverse personnel action" means
35 any discipline, including issuing a notice of discipline, discharge,
36 suspension, demotion, penalization, or discrimination against an employ-
37 ee utilizing line of duty sick leave pursuant to paragraph (a) of this
38 subdivision.
39 Nothing in this section shall [limit an employer's power pursuant to
40 any other provision of law to discipline an officer or employee by
41 termination, reduction of salary, or any other appropriate measure; to
42 terminate an appointee who has not completed his or her probationary
43 term; and to apply for ordinary or accident disability retirement for an
44 officer or employee] be deemed to diminish or impair the rights of a
45 public employee or employer under any law, rule, regulation or collec-
46 tively negotiated agreement or to prohibit any personnel action which
47 otherwise would have been taken regardless of any request to use, or
48 utilization of, any sick leave or other available leave due to a quali-
49 fying World Trade Center condition or request to use, or utilization of,
50 any line of duty sick leave provided by this section.
51 2.(a) Notwithstanding any other law, rule or regulation to the contra-
52 ry, officers and employees of a city with a population of one million or
53 more who (i) do not receive benefits similar to those provided by this
54 section pursuant to a collectively bargained agreement, section 14-122.1
55 of the administrative code of the city of New York, section 15-108.1 of
56 the administrative code of the city of New York, or other statutory
A. 8970 3
1 provision and (ii) have filed and received approval for such filed
2 notice of participation in World Trade Center rescue, recovery or clean-
3 up operations or was a participant in World Trade Center rescue, recov-
4 ery, or cleanup operations as such term is defined in section one
5 hundred sixty-one of the workers' compensation law, who does not have
6 such filed and approved notice of participation and has filed a notice
7 of participation under section one hundred sixty-two of the workers'
8 compensation law and is now employed by the state, a public authority,
9 or any municipal corporation, and subsequently [develop] developed a
10 qualifying World Trade Center condition, as defined in section two of
11 the retirement and social security law, shall, after receipt of a writ-
12 ten request for line of duty sick leave, be granted line of duty sick
13 leave commencing on the date that such employee was diagnosed with a
14 qualifying World Trade Center condition regardless of whether such offi-
15 cer or employee was employed by his or her current employer at the time
16 that such officer or employee participated in World Trade Center rescue,
17 recovery or cleanup operations. The officer or employee shall be compen-
18 sated at his or her regular rate of pay for those regular work hours
19 during which the officer or employee is absent from work due to his or
20 her qualifying World Trade Center condition. Such leave shall be
21 provided without loss of an officer or employee's accrued sick leave.
22 (b) A public employer shall not take any adverse personnel action
23 against a public employee regarding the employee's employment because
24 either (i) the employee utilizes, or requests to utilize, sick leave or
25 any other available leave due to a qualifying World Trade Center condi-
26 tion, as such term is defined in section two of the retirement and
27 social security law, or (ii) the employee utilizes or requests to
28 utilize line of duty sick leave provided by this section.
29 (c) For purposes of this section, an "adverse personnel action" means
30 any discipline, including issuing a notice of discipline, discharge,
31 suspension, demotion, penalization, or discrimination against an employ-
32 ee utilizing line of duty sick leave pursuant to subdivision one of this
33 section.
34 Nothing in this section shall [limit an employer's power pursuant to
35 another provision of law to discipline an officer or employee by termi-
36 nation, reduction of salary, or any other appropriate measure; to termi-
37 nate an appointee who has not completed his or her probationary term;
38 and to apply for ordinary or accident disability retirement for an offi-
39 cer or employee] be deemed to diminish or impair the rights of a public
40 employee or employer under any law, rule, regulation or collectively
41 negotiated agreement or to prohibit any personnel action which otherwise
42 would have been taken regardless of any request to use, or utilization
43 of, any sick leave or other available leave due to a qualifying World
44 Trade Center condition or request to use, or utilization of, any line of
45 duty sick leave provided by this section.
46 3. For purposes of this section, "cost" shall mean the number of days
47 of sick leave that must be restored to an officer or employee pursuant
48 to subdivision one or two of this section multiplied by such officer or
49 employee's wage rate at the time that such sick leave for which
50 reimbursement is being sought was taken.
51 4. A request, for line of duty sick leave shall be in writing and
52 include a waiver of the protection afforded to the officer or employee
53 pursuant to the health insurance portability and accountability act to
54 allow disclosure of the officer or employee's approved notice of partic-
55 ipation and any medical records concerning such officer or employee's
56 notice of participation or qualifying World Trade Center condition in
A. 8970 4
1 the possession of the retirement system or workers' compensation board
2 in which such officer or employee is a member for the purpose of review-
3 ing, processing and auditing his or her claim for line of duty sick
4 leave. Such waiver shall be in the form required by the retirement
5 system of which he or she is a member or the workers' compensation
6 board, along with the application for line of duty sick leave, with his
7 or her employer.
8 5. Notwithstanding any provision of law to the contrary, upon request
9 from the state, public authority or municipal corporation other than a
10 city with a population of one million or more for a copy of an approved
11 notice of participation in World Trade Center rescue, recovery or clean-
12 up operations for an officer or employee, the retirement system in which
13 such officer or employee is a member and to which such officer or
14 employee filed his or her notice of participation in World Trade Center
15 rescue, recovery or cleanup operations in accordance with paragraph (a)
16 of subdivision thirty-six of section two of the retirement and social
17 security law, such retirement system shall provide a verified copy of
18 such approved notice of participation that includes the date that such
19 notice was filed to such requestor. A copy of such verified notice of
20 participation shall be filed with any claim for reimbursement submitted
21 to the civil service [commission] department pursuant to subdivision
22 four of this section. Except as required for filing, review, and audit
23 purposes, such verified notice of participation and all copies of such
24 verified notice shall be confidential and not subject to disclosure
25 pursuant to article six of the public officers law.
26 6. A public authority or municipal corporation other than a city with
27 a population of one million or more shall submit any claim for
28 reimbursement under this section to the civil service [commission]
29 department. In accordance with subdivision [one-a] eight of section
30 [six] seven of the civil service law, the civil service [commission]
31 department shall review each claim to determine if such claim shall be
32 approved, reduced, amended or rejected and shall notify the submitting
33 public authority or municipal corporation, within sixty days of receipt
34 of such claim, as to its determination. Such public authority or munici-
35 pal corporation shall notify the civil service [commission] department
36 within thirty days after receipt of the civil service [commission's]
37 department's notification, as to its acceptance or rejection of such
38 determination. Failure to so notify the civil service [commission]
39 department shall constitute an acceptance of the determination. If
40 accepted by such public authority or municipal corporation, such accept-
41 ance shall constitute the final and conclusive determination for such
42 claim. Notwithstanding any other law to the contrary, there shall be no
43 appeal of such determination to the civil service commission. If
44 rejected by such public authority or municipal corporation, such public
45 authority or municipal corporation [shall resubmit its claim, within
46 thirty days after receipt of the civil service commission's notifica-
47 tion, together with its reasons for objection and any additional
48 documentation which may justify its claim. Upon receipt of a resubmitted
49 claim, the civil service commission shall review such claim and within
50 sixty days of receipt of such resubmitted claim, make a final determi-
51 nation as to the amount to be approved for such claim. If such public
52 authority or municipal corporation shall dispute such final determi-
53 nation it] may commence an action[, within sixty days of such final
54 determination, in the court of claims which shall have jurisdiction to
55 adjudicate the claim and enter judgment, which judgment shall be a final
56 determination for purposes of this section and shall be payable in
A. 8970 5
1 accordance with the provisions of this section] in accordance with the
2 provisions of article seventy-eight of the civil practice law and rules.
3 7. The civil service [commission] department shall certify all claims
4 for which a final determination has been made. The civil service
5 [commission] department shall submit all certified claims [to the comp-
6 troller of the department of audit and control] for payment on or before
7 the first day of the immediately succeeding month during which such
8 claim was certified.
9 8. All claims certified by the civil service [commission] department
10 shall be paid monthly [and shall be paid upon a warrant from the comp-
11 troller].
12 § 4. Section 12-140 of the administrative code of the city of New
13 York, as added by a chapter of the laws of 2019, amending the general
14 municipal law and other laws relating to sick leave for officers and
15 employees with a qualifying World Trade Center condition, as proposed in
16 legislative bills numbers S.5890-A and A.7819-A, is amended to read as
17 follows:
18 § 12-140 Line of duty sick leave for World Trade Center rescue, recov-
19 ery or cleanup operations. (a) Notwithstanding any other law, rule or
20 regulation to the contrary, officers and employees of a city with a
21 population of one million or more who (i) do not receive benefits simi-
22 lar to those provided by this section pursuant to a collectively
23 bargained agreement, section 14-122.1 of this code, section 15-108.1 of
24 this code, or other statutory provision and (ii) filed and received
25 approval for such filed notice of participation in World Trade Center
26 rescue, recovery or cleanup operations or was a participant in World
27 Trade Center rescue, recovery, or cleanup operations as such term is
28 defined in section one hundred sixty-one of the workers' compensation
29 law, who does not have such filed and approved notice of participation
30 and has filed a notice of participation under section one hundred
31 sixty-two of the workers' compensation law and is now employed by a city
32 with a population of one million or more, and subsequently [develop]
33 developed a qualifying World Trade Center condition, as defined in
34 section two of the retirement and social security law, shall, after
35 receipt of a written request for line of duty sick leave, be granted
36 line of duty sick leave commencing on the date that such employee was
37 diagnosed with a qualifying World Trade Center condition regardless of
38 whether such officer or employee was employed by his or her current
39 employer at the time that such officer or employee participated in World
40 Trade Center rescue, recovery or cleanup operations. The officer or
41 employee shall be compensated at his or her regular rate of pay for
42 those regular work hours during which the officer or employee is absent
43 from work. Such leave shall be provided without loss of an officer or
44 employee's accrued sick leave.
45 (b) A public employer shall not take any adverse personnel action
46 against a public employee regarding the employee's employment because
47 either (i) the employee utilizes, or requests to utilize, sick leave or
48 any other available leave due to a qualifying World Trade Center condi-
49 tion, as such term is defined in section two of the retirement and
50 social security law, or (ii) the employee utilizes or requests to
51 utilize line of duty sick leave provided by this section.
52 (c) For purposes of this section, an "adverse personnel action" means
53 any discipline, including issuing a notice of discipline, discharge,
54 suspension, demotion, penalization, or discrimination against an employ-
55 ee utilizing line of duty sick leave pursuant to subdivision (a) of this
56 section. Nothing in this section shall [limit an employer's power
A. 8970 6
1 pursuant to another provision of law to discipline an officer or employ-
2 ee by termination, reduction of salary, or any other appropriate meas-
3 ure; to terminate an appointee who has not completed his or her proba-
4 tionary term; and to apply for ordinary or accident disability
5 retirement for an officer or employee] be deemed to diminish or impair
6 the rights of a public employee or employer under any law, rule, regu-
7 lation or collectively negotiated agreement or to prohibit any personnel
8 action which otherwise would have been taken regardless of any request
9 to use, or utilization of, any sick leave or other available leave due
10 to a qualifying World Trade Center condition or request to use, or
11 utilization of, any line of duty sick leave provided by this section.
12 § 5. Section 6 of a chapter of the laws of 2019, amending the general
13 municipal law and other laws relating to sick leave for officers and
14 employees with a qualifying World Trade Center condition, as proposed in
15 legislative bills numbers S.5890-A and A.7819-A, is amended to read as
16 follows:
17 § 6. The commissioner of the department of civil service[, in consul-
18 tation with the state comptroller and the commissioner of the department
19 of taxation and finance, shall] may promulgate rules and regulations to
20 assist with the implementation of section 92-d of the general municipal
21 law. [Such rules and regulations shall be issued no later than 90 days
22 after this act shall have become a law.] Notwithstanding any other
23 provisions to the contrary in the state administrative procedure act,
24 such rules and regulations may be adopted on an emergency basis [if
25 necessary to meet such 90-day deadline].
26 § 6. This act shall take effect on the same date and in the same
27 manner as a chapter of the laws of 2019, amending the general municipal
28 law and other laws relating to sick leave for officers and employees
29 with a qualifying World Trade Center condition, as proposed in legisla-
30 tive bills numbers S.5890-A and A.7819-A, takes effect.