S T A T E   O F   N E W   Y O R K
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                                  3158

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 12, 2009
                               ___________

Introduced by Sens. KLEIN, SAVINO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

AN  ACT to amend the general municipal law, in relation to providing for
  the special accidental death benefit for  district  attorney  investi-
  gators

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision a of section 208-f  of  the  general  municipal
law,  as separately amended by chapters 583 and 742 of the laws of 2004,
is amended to read as follows:
  a. Notwithstanding any other provision of law, the special  accidental
death  benefit  provided  by  this section shall be paid to the widow or
widower or the deceased member's children under the age of eighteen, or,
if a student under the age of twenty-three, if the widow or widower  has
died  of:  (i)  a deceased member of a pension or retirement system of a
police department or paid fire department of a city,  town  or  village;
(ii) a deceased paid member of the police force of the police department
of  the New York city transit authority; (iii) a deceased paid member of
the police force of the police department of the New York  city  housing
authority; (iv) a deceased paid member of the uniformed correction force
of  the  New  York  city  department  of correction; (v) a deceased paid
uniformed member of a county sheriff's department (outside the  city  of
New  York);  or  (vi) a deceased employee of the city of New York or the
New York city health and hospitals corporation in a title  whose  duties
are  those  of  an  emergency  medical  technician or advanced emergency
medical technician (as those terms are defined in section three thousand
one of the public health law), or in a title whose  duties  require  the
supervision  of employees whose duties are those of an emergency medical
technician or advanced emergency medical technician (as those terms  are
defined in section three thousand one of the public health law); or (vi)
a deceased paid bridge and tunnel member of the New York city employees'

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07364-01-9
              

S. 3158                             2

retirement  system,  providing  the  widow  or  widower is ineligible to
receive benefits pursuant to section three hundred  sixty-one-a  of  the
retirement  and  social  security  law  as added by chapter four hundred
seventy-two  of  the  laws of nineteen hundred seventy-eight; OR (VII) A
DECEASED PAID MEMBER OF A DISTRICT  ATTORNEY  INVESTIGATOR'S  OFFICE  AS
DEFINED  IN  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW and the deceased
member:
  1. Died before the effective date of his or  her  retirement,  as  the
natural and proximate result of an accident sustained in the performance
of duty in the service upon which his membership was based, and
  2.  Did  not cause such accident by his or her own willful negligence,
and
  3. At the time of such accident  was  actually  a  member  of:  (i)  a
pension or retirement system of a police department or paid fire depart-
ment  of  a  city,  town or village; (ii) a pension or retirement system
covering the police force of the police department of the New York  city
transit  authority;  (iii)  a  pension or retirement system covering the
police force of the police department  of  the  New  York  city  housing
authority;  (iv)  a  pension or retirement system covering the uniformed
correction force of the New York city department of  correction;  (v)  a
pension  or  retirement  system  covering  uniformed members of a county
sheriff's department (outside the city of New York); or (vi)  a  pension
or  retirement system covering employees of the city of New York, or the
New York city health and hospitals corporation in a title  whose  duties
are  those  of  an  emergency  medical  technician or advanced emergency
medical technician (as those terms are defined in section three thousand
one of the public health law), or in a title whose  duties  require  the
supervision  of employees whose duties are those of an emergency medical
technician or advanced emergency medical technician (as those terms  are
defined in section three thousand one of the public health law); or (vi)
a  pension  or retirement system covering paid bridge and tunnel members
of the New York city employees' retirement system.
  S 2. Subdivision h of section 208-f of the general municipal  law,  as
amended by chapter 5 of the laws of 2007, is amended to read as follows:
  h.  Notwithstanding  any  other provision of law, if (i) a member of a
pension or retirement system covering a police department or  paid  fire
department  of  a  city,  town or village; (ii) a member of a pension or
retirement system covering the uniformed corrections force  of  the  New
York  city  department  of  corrections;  (iii) a member of a pension or
retirement system covering a county sheriff's department (outside of the
city of New York); (iv) a deputy sheriff member of  the  New  York  city
employees'  retirement system; (v) a member of the New York city employ-
ees' retirement system who is an employee of the city of New York or the
New York city health and hospitals corporation in a title  whose  duties
are  those  of  an  emergency  medical  technician or advanced emergency
medical technician (as those terms are defined in section three thousand
one of the public health law), or in a title whose  duties  require  the
supervision  of employees whose duties are those of an emergency medical
technician or advanced emergency medical technician (as those terms  are
defined  in section three thousand one of the public health law); (vi) a
bridge and tunnel member of the  New  York  city  employees'  retirement
system;  (VII)  A  DECEASED  PAID MEMBER OF A DISTRICT ATTORNEY INVESTI-
GATOR'S OFFICE AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW,
who: (1) has met the criteria of subdivision g of section sixty-three of
the retirement and social security law, subdivision g of  section  three
hundred  sixty-three of the retirement and social security law, subdivi-

S. 3158                             3

sion h of section three hundred sixty-three-bb  of  the  retirement  and
social  security law, subdivision g of section five hundred seven of the
retirement and social  security  law,  subdivision  c  of  section  five
hundred seven-c of the retirement and social security law, subdivision h
of  section five hundred fifty-six of the retirement and social security
law, subdivision h of section six hundred five  of  the  retirement  and
social  security law, subdivision h of section six hundred five-a of the
retirement and social security law, subdivision d of section six hundred
five-b of the retirement and social security law  as  added  by  chapter
five  hundred  four  of  the  laws of two thousand two, subdivision b of
section six hundred five-c of the retirement and  social  security  law,
subdivision  c  of  section  six  hundred  seven-b of the retirement and
social security law, subdivision one of section 13-252.1 of the adminis-
trative code of the  city  of  New  York,  subdivision  one  of  section
13-353.1 of the administrative code of the city of New York, or subdivi-
sion  b  of section 13-168 of the administrative code of the city of New
York; and (2) dies in active service  from  a  qualifying  condition  or
impairment  of health, as defined in each of the foregoing subdivisions,
that is determined by the applicable head of the  retirement  system  or
applicable  medical  board  to have been caused by such member's partic-
ipation in the World Trade Center  rescue,  recovery  or  cleanup  oper-
ations,  then  unless the contrary be proven by competent evidence, such
member shall be deemed to have died as a natural and proximate result of
an accident sustained in the performance of duty and not as a result  of
willful  negligence  on  his  or  her part. Upon such determination, the
eligible beneficiary of  such  member,  as  defined  in  either  section
sixty-one,  five  hundred  one  or six hundred one of the retirement and
social security law, section 13-149, 13-244 or 13-347 of the administra-
tive code of the city of New York shall be entitled to a  special  acci-
dental  death benefit as provided by this section, payable in accordance
with subdivisions b, c and d of this section.
  S 3. This act shall take effect immediately.