S07716 Summary:

BILL NOS07716
 
SAME ASSAME AS A11308-B
 
SPONSORRULES
 
COSPNSR
 
MLTSPNSR
 
 
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.
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S07716 Actions:

BILL NOS07716
 
06/17/2002REFERRED TO RULES
06/20/2002ORDERED TO THIRD READING CAL.1556
06/20/2002PASSED SENATE
06/20/2002DELIVERED TO ASSEMBLY
06/20/2002referred to governmental employees
06/25/2002substituted for a11308b
06/25/2002ordered to third reading rules cal.1323
06/25/2002passed assembly
06/25/2002returned to senate
08/08/2002DELIVERED TO GOVERNOR
08/20/2002SIGNED CHAP.468
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S07716 Floor Votes:

DATE:06/25/2002Assembly Vote  YEA/NAY: 147/0
Yes
Abbate
Yes
Colton
Yes
Glick
Yes
Lentol
Yes
O'Connell
Yes
Stephens
Yes
Acampora
Yes
Conte
Yes
Gordon
Yes
Levy
Yes
Ortiz
Yes
Straniere
Yes
Alfano
Yes
Cook
Yes
Gottfried
Yes
Little
Yes
Ortloff
Yes
Stringer
Yes
Arroyo
Yes
Crouch
Yes
Grannis
Yes
Lopez
Yes
Parment
Yes
Sullivan EC
Yes
Aubry
Yes
Cymbrowitz
Yes
Green
Yes
Luster
Yes
Paulin
Yes
Sullivan F
Yes
Bacalles
Yes
Davis
Yes
Greene
Yes
Magee
Yes
Perry
Yes
Sweeney
Yes
Barra
Yes
DelMonte
Yes
Gromack
Yes
Magnarelli
Yes
Pheffer
Yes
Tedisco
Yes
Barraga
Yes
Destito
Yes
Gunther
Yes
Manning
Yes
Powell
Yes
Thiele
Yes
Boyland
Yes
Diaz
Yes
Hayes
Yes
Markey
Yes
Prentiss
Yes
Titus
Yes
Boyle
Yes
DiNapoli
Yes
Heastie
Yes
Matusow
Yes
Pretlow
Yes
Tocci
Yes
Brennan
Yes
Dinga
Yes
Herbst
ER
Mayersohn
ER
Ravitz
Yes
Tokasz
Yes
Brodsky
Yes
Dinowitz
Yes
Higgins
Yes
McDonald
Yes
Rivera J
Yes
Tonko
Yes
Brown
Yes
Eddington
Yes
Hikind
Yes
McDonough
Yes
Rivera PM
Yes
Towns
Yes
Burling
Yes
Englebright
Yes
Hooper
Yes
McEneny
Yes
Robach
Yes
Townsend
Yes
Butler
Yes
Errigo
Yes
Hoyt
Yes
McLaughlin
Yes
Robinson
Yes
Warner
Yes
Cahill
Yes
Espaillat
Yes
Jacobs
Yes
Miller
Yes
Sanders
Yes
Weinstein
Yes
Calhoun
Yes
Eve
Yes
John
Yes
Millman
Yes
Sanford
Yes
Weisenberg
Yes
Canestrari
Yes
Farrell
Yes
Kaufman
Yes
Mills
Yes
Scarborough
Yes
Weprin
Yes
Carrozza
Yes
Faso
Yes
Kirwan
Yes
Mirones
Yes
Schimminger
Yes
Wertz
Yes
Casale
Yes
Ferrara
Yes
Klein
Yes
Morelle
Yes
Scozzafava
Yes
Winner
Yes
Christensen
Yes
Finch
Yes
Kolb
Yes
Nesbitt
Yes
Seddio
Yes
Wirth
Yes
Clark
Yes
Flanagan
Yes
Koon
Yes
Nolan
Yes
Seminerio
Yes
Wright
Yes
Cohen A
Yes
Galef
Yes
Labriola
Yes
Norman
Yes
Sidikman
Yes
Young
Yes
Cohen M
Yes
Gantt
Yes
Lafayette
Yes
Nortz
Yes
Smith
Yes
Mr. Speaker
Yes
Colman
Yes
Gianaris
Yes
Lavelle
Yes
Oaks
Yes
Spano

‡ Indicates voting via videoconference
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S07716 Memo:

Memo not available
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S07716 Text:



 
                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.
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