NY State Senate Bill 2019-S5890A

Senate Bill S5890A

Signed By Governor

2019-2020 Legislative Session

Relates to sick leave for officers and employees with a qualifying World Trade Center condition

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 11, 2019	approval memo.5 signed chap.251 delivered to governor
Jun 20, 2019	returned to senate passed assembly ordered to third reading rules cal.693 substituted for a7819a
Jun 13, 2019	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1351 committee discharged and committed to rules
May 31, 2019	print number 5890a
May 31, 2019	amend and recommit to local government
May 16, 2019	referred to local government

Votes

- Jun 13, 2019 - Floor Vote
  S5890A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jun 13, 2019 - Rules Committee Vote
  S5890A
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 13, 2019
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

Bill Amendments

Original

A (Active)

2019-S5890 - Details

See Assembly Version of this Bill:: A7819
Law Section:: General Municipal Law
Laws Affected:: Amd §92-d, Gen Muni L; amd §6, Civ Serv L; amd §2, Chap 273 of 2017; add §12-140, NYC Ad Cd
Versions Introduced in 2017-2018 Legislative Session:: S6898, A10498

2019-S5890 - Summary

Relates to sick leave for officers and employees with a qualifying World Trade Center condition.

2019-S5890 - Sponsor Memo

                                
 
BILL NUMBER: S5890

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the general municipal law and the
administrative code of the city of New York, in relation to sick leave
for officers and employees with a qualifying World Trade Center condi-
tion; to amend the civil service law, in relation to the review of
certain claims; and to amend chapter 273 of the laws of 2017 amending
the general municipal law relating to granting sick leave for officers
and employees with a qualifying World Trade Center condition, in
relation to the reimbursement of any public authority or municipal
corporation in a city with a population of less than one million people
for the cost of certain line of duty sick leave

 
PURPOSE OR GENERAL IDEA OF BILL:

To clarify the eligibility for line of duty sick leave, to extend line
of duty sick leave to certain New York City employees, and to provide
the process for public authorities and municipal corporations outside of
New York City to obtain reimbursement for line of duty sick leave grant-
ed to their employees.

 
SUMMARY OF PROVISIONS:

Sections one and two of this bill amend section 92-d of the General
Municipal Law to create 8 subdivisions. The original text of General
Municipal law section 92-d is subdivision 1. This subdivision has been
amended to clarify that an applicant for line of duty sick leave must
have filed and received approval for his or her notice of participation.
Additionally, this subdivision provides that an officer or employee must
make a written request for line of duty sick leave. Finally, this subdi-
vision is amended to provide that nothing in the subdivision limits an
employer's power to discipline an employee or terminate an employee who
has not completed his or her probationary term, and to apply for ordi-
nary or accident disability retirement. This final provision currently
exists in the Administrative Code of the City of New York for the Police
Department and Fire Department when an employee is receiving line of
duty pay, which is the equivalent of the line of duty sick leave
provided by General Municipal Law section 92-d.

Section two of this bill adds subdivisions 2 through 8 to General Munic-
ipal Law section 92-d. New subdivision 2 extends the line of duty sick
leave benefits provided in subdivision 1 to New York City officers and
employees who do not currently have an equivalent benefit. New subdivi-
sion three defines the term "cost" for the purpose of computing the cost
to the employer who has provided line of duty sick leave to an employee.

New subdivision four provides that any officer or employee who applies
for line of duty sick leave shall waive his or her rights under HIPAA
for the purpose of reviewing, processing and auditing his or her request
for line of duty sick leave. A waiver shall be filed with the retirement
system in which the application is a member.

New subdivision five provides that when an employer requests a copy of
an applicant's approved notice of participation from the retirement
system in which the applicant is a member, the retirement system shall
provide a verified copy of the approved notice of participation. New
subdivisions six, seven and eight provide the procedure for munici-

palities outside of New York City and public authorities to receive
reimbursement for the cost of line of duty sick leave.

Section three of this bill amends Civil Service Law section 6 by adding
a new subdivision 1-a. This new subdivision grants the State Civil
Service Commission with the power to review reimbursement claims submit-
ted by public authorities and municipal corporations outside New York
City pursuant to General Municipal Law section 92-d.

Section four of this bill amends Chapter 273 of the Laws of 2017 to
provide that reimbursement shall be made in accordance with General
Municipal Law section 92-d.

Section five of this bill amends the Administrative Code of the City of
New York by adding a new section 12-140 to codify the provisions in new
subdivision 2 of General Municipal Law section 92-d.

Section six of this bill requires the Commissioner of the Department of
Civil Service, in consultation with the Commissioner of the Department
of Taxation and Finance and the Comptroller, to promulgate rules and
regulations regarding the implementation of General Municipal Law
section 92-d within 90 days of the effective date of this legislation.
This subdivision provides the Commissioner of the Department of Civil
Service with the ability to adopt the rules and regulations on an emer-
gency basis.

Section seven of this bill requires the Department of Taxation and
Finance, in consultation with the State Comptroller, to issue guidance
regarding the tax treatment of restored sick leave to officers and
employees who receive such sick leave. Such guidance must be issued
within 60 days of the effective date of this legislation.

Section eight of this bill provides that this act shall take effect
immediately; provided that section one of this act shall be deemed to
have been in full force and effect on the same date as chapter 273 of
the laws of 2017; and provided further that this act shall apply to all
claims for reimbursement filed pursuant to section 92-d of the general
municipal law, as amended by this act; and provided further, that any
officer or employee who is currently employed by a city with a popu-
lation of one million or more who has been diagnosed with a qualifying
World Trade Center condition and is using sick leave due to such condi-
tion shall receive a restoration of such sick leave retroactive to the
date such officer or employee was diagnosed with a qualifying World
Trade Center condition.

 
JUSTIFICATION:

This bill makes some necessary changes to Chapter 273 of the Laws of
2017 to provide clarification and the reimbursement procedure for local
governments and public authorities. This bill begins with the clarifica-
tion that line of duty sick leave is only available to applicants who
have filed and received approval of their notice of participation. This
bill also expands line of duty sick leave to officers and employees of
the City of New York who are not currently entitled to receive a benefit
similar to line of duty sick leave.  With this expansion, every public
officer or employee who, as a public officer or employee, engaged in
World Trade Center rescue, recovery or cleanup activities who receives
approval of his or her notice of participation is eligible to receive
line of duty sick leave if he or she becomes ill with a qualifying World
Trade Center condition. This expansion acknowledges that every public
employee who put his or her life on the line to help in our time of
crisis should receive the same benefits. In this instance, the benefit
is line of duty sick leave.

While the Executive could administratively create a procedure for public
authorities and municipalities outside of the City of New York to
receive reimbursement for line of duty sick leave granted to employees,
such procedure would require coordination of multiple governmental enti-
ties, some of which are not part of the Executive Department. This bill
provides coordination among the governmental entities and creates a
clear procedure for public authorities and municipalities outside of the
City of New York. Should the City of New York find that a similar proce-
dure would be viable for use by the City, the City can promulgate regu-
lations to adopt a similar procedure. We need to remember that there are
9/11 heroes who are struggling with the onset and treatment of World
Trade Center qualifying conditions while trying to remain employed.
This legislation helps these 9/11 heroes who are still able to work keep
their jobs while they undergo doctor's appointments and treatments for
their World Trade Center qualifying condition.

 
PRIOR LEGISLATIVE HISTORY:

2018: S6898C - passed Senate, died in Assembly
2017: S6898 - referred to Rules

 
FISCAL IMPACT:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that section one of
this act shall be deemed to have been in full force and effect on the
same date as chapter 273 of the laws of 2017; and provided further that
this act shall apply to all claims for reimbursement filed pursuant to
section 92-d of the general municipal law, as amended by this act; and
provided further, that any officer or employee who is currently employed
by a city with a population of one million or more who has been diag-
nosed with a qualifying World Trade Center condition and is using sick
leave due to such condition shall receive a restoration of such sick
leave retroactive to the date such officer or employee was diagnosed
with a qualifying World Trade Center condition.

2019-S5890 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5890
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 and the administrative code of
   the  city  of  New  York,  in  relation to sick leave for officers and
   employees with a qualifying World Trade Center condition; to amend the
   civil service law, in relation to the review of certain claims; and to
   amend chapter 273 of the laws of 2017 amending the  general  municipal
   law  relating to granting sick leave for officers and employees with a
   qualifying World Trade Center condition, in relation to the reimburse-
   ment of any public authority or municipal corporation in a city with a
   population of less than one million people for  the  cost  of  certain
   line of duty sick leave
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 92-d of the general  municipal  law,  as  added  by
 chapter 273 of the laws of 2017, is amended to read as follows:
   §  92-d. Sick leave for officers and employees with a qualifying World
 Trade Center condition. Notwithstanding any other  law,  rule  or  regu-
 lation  to  the  contrary, officers and employees of the state, a public
 authority or any municipal corporation outside of a city  with  a  popu-
 lation  of  one  million  or  more who [filed a] HAVE FILED AND RECEIVED
 APPROVAL FOR SUCH FILED notice of participation in  World  Trade  Center
 rescue, recovery or cleanup operations and subsequently develop a quali-
 fying  World  Trade  Center  condition, as defined in section two of the
 retirement and social security  law,[while  employed  by  the  state,  a
 public  authority  or  such  municipal  corporation or public authority]
 shall, AFTER THE RECEIPT OF A WRITTEN REQUEST  FOR  LINE  OF  DUTY  SICK
 LEAVE,  be  granted  line of duty sick leave commencing on the date that
 such employee was diagnosed with a qualifying World Trade Center  condi-
 tion  regardless of whether such officer or employee was employed by his
 or her current employer at  the  time  that  such  officer  or  employee
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03751-01-9

 S. 5890                             2
 
 participated  in  World  Trade  Center rescue, recovery or cleanup oper-
 ations.  The officer or employee shall be  compensated  at  his  or  her
 regular  rate of pay for those regular work hours during which the offi-
 cer  or  employee is absent from work DUE TO HIS OR HER QUALIFYING WORLD
 TRADE CENTER CONDITION. Such leave shall be provided without loss of  an
 officer or employee's accrued sick leave.  NOTHING IN THIS SECTION SHALL
 LIMIT  AN  EMPLOYER'S  POWER  PURSUANT  TO ANY OTHER PROVISION OF LAW TO
 DISCIPLINE AN OFFICER OR EMPLOYEE BY TERMINATION, REDUCTION  OF  SALARY,
 OR  ANY OTHER APPROPRIATE MEASURE; TO TERMINATE AN APPOINTEE WHO HAS NOT
 COMPLETED HIS OR HER PROBATIONARY TERM; AND TO  APPLY  FOR  ORDINARY  OR
 ACCIDENT DISABILITY RETIREMENT FOR AN OFFICER OR EMPLOYEE.
   §  2.  The  opening paragraph of section 92-d of the general municipal
 law is designated subdivision 1 and seven new subdivisions 2, 3,  4,  5,
 6, 7 and 8 are added to read as follows:
   2.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
 OFFICERS AND EMPLOYEES OF A CITY WITH A POPULATION  OF  ONE  MILLION  OR
 MORE  WHO  (I) DO NOT RECEIVE BENEFITS SIMILAR TO THOSE PROVIDED BY THIS
 SECTION PURSUANT TO A COLLECTIVELY BARGAINED AGREEMENT, SECTION 14-122.1
 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, SECTION 15-108.1  OF
 THE  ADMINISTRATIVE  CODE  OF  THE  CITY OF NEW YORK, OR OTHER STATUTORY
 PROVISION AND (II) HAVE FILED  AND  RECEIVED  APPROVAL  FOR  SUCH  FILED
 NOTICE OF PARTICIPATION IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEAN-
 UP  OPERATIONS  AND SUBSEQUENTLY DEVELOP A QUALIFYING WORLD TRADE CENTER
 CONDITION, AS DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL  SECU-
 RITY  LAW,  SHALL,  AFTER  RECEIPT OF A WRITTEN REQUEST FOR LINE OF DUTY
 SICK LEAVE, BE GRANTED LINE OF DUTY SICK LEAVE COMMENCING  ON  THE  DATE
 THAT  SUCH  EMPLOYEE  WAS DIAGNOSED WITH A QUALIFYING WORLD TRADE CENTER
 CONDITION REGARDLESS OF WHETHER SUCH OFFICER OR EMPLOYEE WAS EMPLOYED BY
 HIS OR HER CURRENT EMPLOYER AT THE TIME THAT SUCH  OFFICER  OR  EMPLOYEE
 PARTICIPATED  IN  WORLD  TRADE  CENTER RESCUE, RECOVERY OR CLEANUP OPER-
 ATIONS. THE OFFICER OR EMPLOYEE SHALL BE COMPENSATED AT HIS OR HER REGU-
 LAR RATE OF PAY FOR THOSE REGULAR WORK HOURS DURING WHICH THE OFFICER OR
 EMPLOYEE IS ABSENT FROM WORK DUE TO HIS OR HER  QUALIFYING  WORLD  TRADE
 CENTER  CONDITION. SUCH LEAVE SHALL BE PROVIDED WITHOUT LOSS OF AN OFFI-
 CER OR EMPLOYEE'S ACCRUED SICK LEAVE.  NOTHING  IN  THIS  SECTION  SHALL
 LIMIT AN EMPLOYER'S POWER PURSUANT TO ANOTHER PROVISION OF LAW TO DISCI-
 PLINE AN OFFICER OR EMPLOYEE BY TERMINATION, REDUCTION OF SALARY, OR ANY
 OTHER  APPROPRIATE  MEASURE;  TO  TERMINATE  AN  APPOINTEE  WHO  HAS NOT
 COMPLETED HIS OR HER PROBATIONARY TERM; AND TO  APPLY  FOR  ORDINARY  OR
 ACCIDENT DISABILITY RETIREMENT FOR AN OFFICER OR EMPLOYEE.
   3.  FOR PURPOSES OF THIS SECTION, "COST" SHALL MEAN THE NUMBER OF DAYS
 OF SICK LEAVE THAT MUST BE RESTORED TO AN OFFICER OR  EMPLOYEE  PURSUANT
 TO  SUBDIVISION ONE OR TWO OF THIS SECTION MULTIPLIED BY SUCH OFFICER OR
 EMPLOYEE'S WAGE RATE  AT  THE  TIME  THAT  SUCH  SICK  LEAVE  FOR  WHICH
 REIMBURSEMENT IS BEING SOUGHT WAS TAKEN.
   4.  A  REQUEST,  FOR  LINE  OF DUTY SICK LEAVE SHALL BE IN WRITING AND
 INCLUDE A WAIVER OF THE PROTECTION AFFORDED TO THE OFFICER  OR  EMPLOYEE
 PURSUANT  TO  THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT TO
 ALLOW DISCLOSURE OF THE OFFICER OR EMPLOYEE'S APPROVED NOTICE OF PARTIC-
 IPATION AND ANY MEDICAL RECORDS CONCERNING SUCH  OFFICER  OR  EMPLOYEE'S
 NOTICE  OF  PARTICIPATION  OR QUALIFYING WORLD TRADE CENTER CONDITION IN
 THE POSSESSION OF THE RETIREMENT SYSTEM IN WHICH SUCH OFFICER OR EMPLOY-
 EE IS A MEMBER FOR THE PURPOSE OF REVIEWING, PROCESSING AND AUDITING HIS
 OR HER CLAIM FOR LINE OF DUTY SICK LEAVE.  SUCH WAIVER SHALL BE  IN  THE
 FORM  REQUIRED  BY THE RETIREMENT SYSTEM OF WHICH HE OR SHE IS A MEMBER,

 S. 5890                             3
 
 ALONG WITH THE APPLICATION FOR LINE OF DUTY SICK LEAVE, WITH HIS OR  HER
 EMPLOYER.
   5.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, UPON REQUEST
 FROM  THE  STATE, PUBLIC AUTHORITY OR MUNICIPAL CORPORATION OUTSIDE OF A
 CITY WITH A POPULATION OF ONE MILLION OR MORE FOR A COPY OF AN  APPROVED
 NOTICE OF PARTICIPATION IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEAN-
 UP OPERATIONS FOR AN OFFICER OR EMPLOYEE, THE RETIREMENT SYSTEM IN WHICH
 SUCH  OFFICER  OR  EMPLOYEE  IS  A  MEMBER  AND TO WHICH SUCH OFFICER OR
 EMPLOYEE FILED HIS OR HER NOTICE OF PARTICIPATION IN WORLD TRADE  CENTER
 RESCUE,  RECOVERY OR CLEANUP OPERATIONS IN ACCORDANCE WITH PARAGRAPH (A)
 OF SUBDIVISION THIRTY-SIX OF SECTION TWO OF THE  RETIREMENT  AND  SOCIAL
 SECURITY  LAW,  SUCH  RETIREMENT SYSTEM SHALL PROVIDE A VERIFIED COPY OF
 SUCH APPROVED NOTICE OF PARTICIPATION THAT INCLUDES THE DATE  THAT  SUCH
 NOTICE  WAS  FILED  TO SUCH REQUESTOR. A COPY OF SUCH VERIFIED NOTICE OF
 PARTICIPATION SHALL BE FILED WITH ANY CLAIM FOR REIMBURSEMENT  SUBMITTED
 TO  THE  CIVIL  SERVICE  COMMISSION PURSUANT TO SUBDIVISION FOUR OF THIS
 SECTION. EXCEPT AS REQUIRED FOR FILING, REVIEW, AND AUDIT PURPOSES, SUCH
 VERIFIED NOTICE OF PARTICIPATION AND ALL COPIES OF SUCH VERIFIED  NOTICE
 SHALL  BE CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE
 SIX OF THE PUBLIC OFFICERS LAW.
   6. A PUBLIC AUTHORITY OR MUNICIPAL CORPORATION OUTSIDE OF A CITY  WITH
 A  POPULATION  OF  ONE  MILLION  OR  MORE  SHALL  SUBMIT  ANY  CLAIM FOR
 REIMBURSEMENT UNDER THIS SECTION TO THE  CIVIL  SERVICE  COMMISSION.  IN
 ACCORDANCE  WITH  SUBDIVISION  ONE-A OF SECTION SIX OF THE CIVIL SERVICE
 LAW, THE CIVIL SERVICE COMMISSION SHALL REVIEW EACH CLAIM  TO  DETERMINE
 IF  SUCH CLAIM SHALL BE APPROVED, REDUCED, AMENDED OR REJECTED AND SHALL
 NOTIFY THE SUBMITTING PUBLIC AUTHORITY OR MUNICIPAL CORPORATION,  WITHIN
 SIXTY  DAYS  OF  RECEIPT  OF  SUCH  CLAIM, AS TO ITS DETERMINATION. SUCH
 PUBLIC AUTHORITY OR MUNICIPAL CORPORATION SHALL NOTIFY THE CIVIL SERVICE
 COMMISSION WITHIN THIRTY DAYS AFTER RECEIPT OF THE CIVIL SERVICE COMMIS-
 SION'S NOTIFICATION, AS TO ITS ACCEPTANCE OR REJECTION OF SUCH  DETERMI-
 NATION.  FAILURE TO SO NOTIFY THE CIVIL SERVICE COMMISSION SHALL CONSTI-
 TUTE AN ACCEPTANCE OF THE DETERMINATION.  IF  ACCEPTED  BY  SUCH  PUBLIC
 AUTHORITY OR MUNICIPAL CORPORATION, SUCH ACCEPTANCE SHALL CONSTITUTE THE
 FINAL  AND  CONCLUSIVE DETERMINATION FOR SUCH CLAIM. IF REJECTED BY SUCH
 PUBLIC AUTHORITY OR MUNICIPAL  CORPORATION,  SUCH  PUBLIC  AUTHORITY  OR
 MUNICIPAL CORPORATION SHALL RESUBMIT ITS CLAIM, WITHIN THIRTY DAYS AFTER
 RECEIPT  OF  THE  CIVIL SERVICE COMMISSION'S NOTIFICATION, TOGETHER WITH
 ITS REASONS FOR OBJECTION AND ANY  ADDITIONAL  DOCUMENTATION  WHICH  MAY
 JUSTIFY  ITS  CLAIM.  UPON  RECEIPT  OF  A  RESUBMITTED CLAIM, THE CIVIL
 SERVICE COMMISSION SHALL REVIEW SUCH CLAIM  AND  WITHIN  SIXTY  DAYS  OF
 RECEIPT  OF SUCH RESUBMITTED CLAIM, MAKE A FINAL DETERMINATION AS TO THE
 AMOUNT TO BE APPROVED FOR SUCH CLAIM. IF SUCH PUBLIC AUTHORITY OR MUNIC-
 IPAL CORPORATION SHALL DISPUTE SUCH FINAL DETERMINATION IT MAY  COMMENCE
 AN  ACTION,  WITHIN SIXTY DAYS OF SUCH FINAL DETERMINATION, IN THE COURT
 OF CLAIMS WHICH SHALL HAVE JURISDICTION  TO  ADJUDICATE  THE  CLAIM  AND
 ENTER  JUDGMENT,  WHICH  JUDGMENT  SHALL  BE  A  FINAL DETERMINATION FOR
 PURPOSES OF THIS SECTION AND SHALL BE PAYABLE  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF THIS SECTION.
   7.  THE  CIVIL SERVICE COMMISSION SHALL CERTIFY ALL CLAIMS FOR WHICH A
 FINAL DETERMINATION HAS BEEN MADE. THE CIVIL  SERVICE  COMMISSION  SHALL
 SUBMIT  ALL  CERTIFIED  CLAIMS  TO  THE COMPTROLLER OF THE DEPARTMENT OF
 AUDIT AND CONTROL ON OR BEFORE THE FIRST DAY OF THE IMMEDIATELY SUCCEED-
 ING MONTH DURING WHICH  SUCH CLAIM WAS CERTIFIED.
   8. ALL CLAIMS CERTIFIED BY THE CIVIL SERVICE COMMISSION SHALL BE  PAID
 MONTHLY AND SHALL BE PAID UPON A WARRANT FROM THE COMPTROLLER.

 S. 5890                             4
 
   §  3.  Section  6  of the civil service law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A.  HAVE  THE  POWER TO REVIEW CLAIMS FOR REIMBURSEMENT SUBMITTED BY
 PUBLIC AUTHORITIES OR MUNICIPAL CORPORATIONS OUTSIDE OF A  CITY  WITH  A
 POPULATION  OF A MILLION OR MORE PURSUANT TO SECTION NINETY-TWO-D OF THE
 GENERAL MUNICIPAL LAW TO DETERMINE IF  SUCH  CLAIM  SHALL  BE  APPROVED,
 REDUCED,  AMENDED  OR  REJECTED.  SUCH REVIEW AND DETERMINATION SHALL BE
 MADE IN ACCORDANCE WITH SECTION NINETY-TWO-D OF  THE  GENERAL  MUNICIPAL
 LAW.
   § 4. Section 2 of chapter 273 of the laws of 2017, amending the gener-
 al  municipal  law  relating  to  granting  sick  leave for officers and
 employees with a qualifying World Trade Center condition, is amended  to
 read as follows:
   §  2.  The  state  shall  reimburse  any public authority or municipal
 corporation WITH A POPULATION of less than one million  people  for  the
 cost  of  any  line  duty sick leave granted pursuant to this act.  SUCH
 REIMBURSEMENT SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF SECTION
 92-D OF THE GENERAL MUNICIPAL LAW.
   § 5. The administrative code of the city of New  York  is  amended  by
 adding a new section 12-140 to read as follows:
   § 12-140 LINE OF DUTY SICK LEAVE FOR WORLD TRADE CENTER RESCUE, RECOV-
 ERY OR CLEANUP OPERATIONS.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGU-
 LATION  TO  THE  CONTRARY, OFFICERS AND EMPLOYEES OF A CITY WITH A POPU-
 LATION OF ONE MILLION OR MORE WHO (I) DO NOT RECEIVE BENEFITS SIMILAR TO
 THOSE PROVIDED BY THIS SECTION  PURSUANT  TO  A  COLLECTIVELY  BARGAINED
 AGREEMENT, SECTION 14-122.1 OF THIS CODE, SECTION 15-108.1 OF THIS CODE,
 OR  OTHER  STATUTORY  PROVISION AND (II) FILED AND RECEIVED APPROVAL FOR
 SUCH FILED NOTICE OF PARTICIPATION IN WORLD TRADE CENTER RESCUE,  RECOV-
 ERY  OR  CLEANUP  OPERATIONS AND SUBSEQUENTLY DEVELOP A QUALIFYING WORLD
 TRADE CENTER CONDITION, AS DEFINED IN SECTION TWO OF THE RETIREMENT  AND
 SOCIAL  SECURITY LAW, SHALL, AFTER RECEIPT OF A WRITTEN REQUEST FOR LINE
 OF DUTY SICK LEAVE, BE GRANTED LINE OF DUTY SICK LEAVE COMMENCING ON THE
 DATE THAT SUCH EMPLOYEE WAS DIAGNOSED  WITH  A  QUALIFYING  WORLD  TRADE
 CENTER  CONDITION  REGARDLESS  OF  WHETHER  SUCH OFFICER OR EMPLOYEE WAS
 EMPLOYED BY HIS OR HER CURRENT EMPLOYER AT THE TIME THAT SUCH OFFICER OR
 EMPLOYEE PARTICIPATED IN WORLD TRADE CENTER RESCUE, RECOVERY OR  CLEANUP
 OPERATIONS.  THE  OFFICER OR EMPLOYEE SHALL BE COMPENSATED AT HIS OR HER
 REGULAR RATE OF PAY FOR THOSE REGULAR WORK HOURS DURING WHICH THE  OFFI-
 CER  OR EMPLOYEE IS ABSENT FROM WORK. SUCH LEAVE SHALL BE PROVIDED WITH-
 OUT LOSS OF AN OFFICER OR EMPLOYEE'S ACCRUED SICK LEAVE. NOTHING IN THIS
 SECTION SHALL LIMIT AN EMPLOYER'S POWER PURSUANT TO ANOTHER PROVISION OF
 LAW TO DISCIPLINE AN OFFICER OR EMPLOYEE BY  TERMINATION,  REDUCTION  OF
 SALARY,  OR ANY OTHER APPROPRIATE MEASURE; TO TERMINATE AN APPOINTEE WHO
 HAS NOT COMPLETED HIS OR HER PROBATIONARY TERM; AND TO APPLY  FOR  ORDI-
 NARY OR ACCIDENT DISABILITY RETIREMENT FOR AN OFFICER OR EMPLOYEE.
   § 6. The commissioner of the department of civil service, in consulta-
 tion  with  the state comptroller and the commissioner of the department
 of taxation and finance,  shall  promulgate  rules  and  regulations  to
 assist  with the implementation of section 92-d of the general municipal
 law.  Such rules and regulations shall be issued no later than  90  days
 after  this  act  shall  have  become  a  law. Notwithstanding any other
 provisions to the contrary in the state  administrative  procedure  act,
 such  rules  and  regulations  may  be  adopted on an emergency basis if
 necessary to meet such 90-day deadline.
   § 7. The commissioner of the department of taxation  and  finance,  in
 consultation  with the state comptroller, shall issue guidance regarding

 S. 5890                             5
 
 the tax treatment to officers and employees who have  received  restored
 sick  leave  no later than sixty days after this act shall have become a
 law.
   § 8. This act shall take effect immediately; provided that section one
 of this act shall be deemed to have been in full force and effect on the
 same  date as chapter 273 of the laws of 2017; and provided further that
 this act shall apply to all claims for reimbursement filed  pursuant  to
 section  92-d  of the general municipal law, as amended by this act; and
 provided further, that any officer or employee who is currently employed
 by a city with a population of one million or more who  has  been  diag-
 nosed  with  a qualifying World Trade Center condition and is using sick
 leave due to such condition shall receive a  restoration  of  such  sick
 leave  retroactive  to  the  date such officer or employee was diagnosed
 with a qualifying World Trade Center condition.

co-Sponsors

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2019-S5890A (ACTIVE) - Details

See Assembly Version of this Bill:: A7819
Law Section:: General Municipal Law
Laws Affected:: Amd §92-d, Gen Muni L; amd §6, Civ Serv L; amd §2, Chap 273 of 2017; add §12-140, NYC Ad Cd
Versions Introduced in 2017-2018 Legislative Session:: S6898, A10498

2019-S5890A (ACTIVE) - Summary

Relates to sick leave for officers and employees with a qualifying World Trade Center condition.

2019-S5890A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5890A

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the general municipal law and the
administrative code of the city of New York, in relation to sick leave
for officers and employees with a qualifying World Trade Center condi-
tion; to amend the civil service law, in relation to the review of
certain claims; and to amend chapter 273 of the laws of 2017 amending
the general municipal law relating to granting sick leave for officers
and employees with a qualifying World Trade Center condition, in
relation to the reimbursement of any public authority or municipal
corporation in a city with a population of less than one million people
for the cost of certain line of duty sick leave

 
PURPOSE OR GENERAL IDEA OF BILL::

To clarify the eligibility for line of duty sick leave, to extend line
of duty sick leave to certain New York City employees, and to provide a
process for public authorities and municipal corporations outside of New
York City to obtain reimbursement for line of duty sick leave granted to
their employees.

 
SUMMARY OF PROVISIONS::

Sections one and two of this bill amend section 92-d of the General
Municipal Law to clarify that an applicant for line of duty sick leave
must have filed and received approval for his or her notice of partic-
ipation. Additionally, this subdivision provides that an officer or
employee must make a written request for line of duty sick leave.

This section also provides that a public employer shall not take any
adverse personnel action against an employee for using or requesting to
use the sick leave, and that nothing in the section limits an employer's
power to discipline an employee or terminate an employee pursuant to any
other provision of law who has not completed his or her probationary
term, and to apply for ordinary or accident disability retirement.

This final provision currently exists in the Administrative Code of the
City of New York for the Police Department and Fire Department when an
employee is receiving line of duty pay, which is the equivalent of the
line of duty sick leave provided by General Municipal Law section 92-d.

Section two of this bill adds subdivisions 2 through 8 to General Munic-
ipal Law section 92-d. New subdivision 2 extends the line of duty sick
leave benefits provided in subdivision 1 to New York City officers and
employees who do not currently have an equivalent benefit.  New subdivi-
sion three defines the term "cost" for the purpose of computing the cost
to the employer who has provided line of duty sick leave to an employee.

New subdivision four provides that any officer or employee who applies
for line of duty sick leave shall waive his or her rights under HIPAA
for the purpose of reviewing, processing and auditing his or her request
for line of duty sick leave. A waiver shall be filed with the retirement
system in which the application is a member.

New subdivision five provides that when an employer requests a copy of
an applicant's approved notice of participation from the retirement
system in which the applicant is a member, the retirement system shall
provide a verified copy of the approved notice of participation.  New
subdivisions six, seven and eight provide the procedure for munici-
palities outside of New York City and public authorities to receive
reimbursement for the cost of line of duty sick leave.

Section three of this bill amends Civil Service Law section 6 by adding
a new subdivision 1-a. This new subdivision grants the State Civil
Service Commission with the power to review reimbursement claims submit-
ted by public authorities and municipal corporations outside New York
City pursuant to General Municipal Law section 92-d.

Section four of this bill amends Chapter 273 of the Laws of 2017 to
provide that reimbursement shall be made in accordance with General
Municipal Law section 92-d.

Section five of this bill amends the Administrative Code of the City of
New York by adding a new section 12-140 to codify the provisions in new
subdivision 2 of General Municipal Law section 92-d.

Section six of this bill requires the Commissioner of the Department of
Civil Service, in consultation with the Commissioner of the Department
of Taxation and Finance and the Comptroller, to promulgate rules and
regulations regarding the implementation of General Municipal Law
section 92-d within 90 days of the effective date of this legislation.
This subdivision provides the Commissioner of the Department of Civil
Service with the ability to adopt the rules and regulations on an emer-
gency basis.

Section seven of this bill requires the Department of Taxation and
Finance, in consultation with the State Comptroller, to issue guidance
regarding the tax treatment of restored sick leave to officers and
employees who receive such sick leave. Such guidance must be issued
within 60 days of the effective date of this legislation.

Section eight of this bill provides that this act shall take effect
immediately; provided that section one of this act shall be deemed to
have been in full force and effect on the same date as chapter 273 of
the laws of 2017; and provided further that this act shall apply to all
claims for reimbursement filed pursuant to section 92-d of the general
municipal law, as amended by this act; and provided further, that any
officer or employee who is currently employed by a city with a popu-
lation of one million or more who has been diagnosed with a qualifying
World Trade Center condition and is using sick leave due to such condi-
tion shall receive a restoration of such sick leave retroactive to the
date such officer or employee was diagnosed with a qualifying World
Trade Center condition.

 
JUSTIFICATION::

This bill makes some necessary changes to Chapter 273 of the Laws of
2017 to provide clarification and the reimbursement procedure for local
governments and public authorities. This bill begins with the clarifica-
tion that line of duty sick leave is only available to applicants who
have filed and received approval of their notice of participation. This
bill also expands line of duty sick leave to officers and employees of
the City of New York who are not currently entitled to receive a benefit
similar to line of duty sick leave. With this expansion, every public
officer or employee who, as a public officer or employee, engaged in
World Trade Center rescue, recovery or cleanup activities who receives
approval of his or her notice of participation is eligible to receive
line of duty sick leave if he or she becomes ill with a qualifying World
Trade Center condition. This expansion acknowledges that every public
employee who put his or her life on the line to help in our time of
crisis should receive the same benefits. In this instance, the benefit
is line of duty sick leave.

While the Executive could administratively create a procedure for public
authorities and municipalities outside of the City of New York to
receive reimbursement for line of duty sick leave granted to employees,
such procedure would require coordination of multiple governmental enti-
ties, some of which are not part of the Executive Department. This bill
provides coordination among the governmental entities and creates a
clear procedure for public authorities and municipalities outside of the
City of New York. Should the City of New York find that a similar proce-
dure would be viable for use by the City, the City can promulgate regu-
lations to adopt a similar procedure.  We need to remember that there
are 9/11 heroes who are struggling with the onset and treatment of World
Trade Center qualifying conditions while trying to remain employed. This
legislation helps these 9/11 heroes who are still able to work keep
their jobs while they undergo doctor's appointments and treatments for
their World Trade Center qualifying condition.

 
PRIOR LEGISLATIVE HISTORY::

2018: S6898C - passed Senate, died in Assembly
2017: S6898 - referred to Rules

 
FISCAL IMPACT:

TBD

 
EFFECTIVE DATE::

This act shall take effect immediately; provided that section one of
this act shall be deemed to have been in full force and effect on the
same date as chapter 273 of the laws of 2017; and provided further that
this act shall apply to all claims for reimbursement filed pursuant to
section 92-d of the general municipal law, as amended by this act; and
provided further, that any officer or employee who is currently employed
by a city with a population of one million or more who has been diag-
nosed with a qualifying World Trade Center condition and is using sick
leave due to such condition shall receive a restoration of such sick
leave retroactive to the date such officer or employee was diagnosed
with a qualifying World Trade Center condition.

2019-S5890A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5890--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee  on Local Government --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN ACT to amend the general municipal law and the administrative code of
   the  city  of  New  York,  in  relation to sick leave for officers and
   employees with a qualifying World Trade Center condition; to amend the
   civil service law, in relation to the review of certain claims; and to
   amend chapter 273 of the laws of 2017 amending the  general  municipal
   law  relating to granting sick leave for officers and employees with a
   qualifying World Trade Center condition, in relation to the reimburse-
   ment of any public authority or municipal corporation in a city with a
   population of less than one million people for  the  cost  of  certain
   line of duty sick leave
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 92-d of the general  municipal  law,  as  added  by
 chapter 273 of the laws of 2017, is amended to read as follows:
   §  92-d. Sick leave for officers and employees with a qualifying World
 Trade Center condition. 1.(A) Notwithstanding any  other  law,  rule  or
 regulation  to  the  contrary,  officers  and  employees of the state, a
 public authority or any municipal corporation outside of a city  with  a
 population  of one million or more who [filed a] HAVE FILED AND RECEIVED
 APPROVAL FOR SUCH FILED notice of participation in  World  Trade  Center
 rescue, recovery or cleanup operations and subsequently develop a quali-
 fying  World  Trade  Center  condition, as defined in section two of the
 retirement and social security  law,[while  employed  by  the  state,  a
 public  authority  or  such  municipal  corporation or public authority]
 shall, AFTER THE RECEIPT OF A WRITTEN REQUEST  FOR  LINE  OF  DUTY  SICK
 LEAVE,  be  granted  line of duty sick leave commencing on the date that
 such employee was diagnosed with a qualifying World Trade Center  condi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03751-03-9

 S. 5890--A                          2
 
 tion  regardless of whether such officer or employee was employed by his
 or her current employer at  the  time  that  such  officer  or  employee
 participated  in  World  Trade  Center rescue, recovery or cleanup oper-
 ations.    The  officer  or  employee shall be compensated at his or her
 regular rate of pay for those regular work hours during which the  offi-
 cer  or  employee is absent from work DUE TO HIS OR HER QUALIFYING WORLD
 TRADE CENTER CONDITION. Such leave shall be provided without loss of  an
 officer or employee's accrued sick leave.
   (B)  A  PUBLIC  EMPLOYER  SHALL  NOT TAKE ANY ADVERSE PERSONNEL ACTION
 AGAINST A PUBLIC EMPLOYEE REGARDING THE  EMPLOYEE'S  EMPLOYMENT  BECAUSE
 EITHER  (I) THE EMPLOYEE UTILIZES, OR REQUESTS TO UTILIZE, SICK LEAVE OR
 ANY OTHER AVAILABLE LEAVE DUE TO A QUALIFYING WORLD TRADE CENTER  CONDI-
 TION,  AS  SUCH  TERM  IS  DEFINED  IN SECTION TWO OF THE RETIREMENT AND
 SOCIAL SECURITY LAW, OR  (II)  THE  EMPLOYEE  UTILIZES  OR  REQUESTS  TO
 UTILIZE LINE OF DUTY SICK LEAVE PROVIDED BY THIS SECTION.
   (C)  FOR PURPOSES OF THIS SECTION, AN "ADVERSE PERSONNEL ACTION" MEANS
 ANY DISCIPLINE, INCLUDING ISSUING A  NOTICE  OF  DISCIPLINE,  DISCHARGE,
 SUSPENSION, DEMOTION, PENALIZATION, OR DISCRIMINATION AGAINST AN EMPLOY-
 EE  UTILIZING  LINE OF DUTY SICK LEAVE PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION.
   NOTHING IN THIS SECTION SHALL LIMIT AN EMPLOYER'S  POWER  PURSUANT  TO
 ANY  OTHER  PROVISION  OF  LAW  TO  DISCIPLINE AN OFFICER OR EMPLOYEE BY
 TERMINATION, REDUCTION OF SALARY, OR ANY OTHER APPROPRIATE  MEASURE;  TO
 TERMINATE  AN  APPOINTEE  WHO  HAS NOT COMPLETED HIS OR HER PROBATIONARY
 TERM; AND TO APPLY FOR ORDINARY OR ACCIDENT DISABILITY RETIREMENT FOR AN
 OFFICER OR EMPLOYEE.
   § 2. Section 92-d of the general municipal law is  amended  by  adding
 seven new subdivisions 2, 3, 4, 5, 6, 7 and 8 to read as follows:
   2.(A) NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRA-
 RY, OFFICERS AND EMPLOYEES OF A CITY WITH A POPULATION OF ONE MILLION OR
 MORE  WHO  (I) DO NOT RECEIVE BENEFITS SIMILAR TO THOSE PROVIDED BY THIS
 SECTION PURSUANT TO A COLLECTIVELY BARGAINED AGREEMENT, SECTION 14-122.1
 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, SECTION 15-108.1  OF
 THE  ADMINISTRATIVE  CODE  OF  THE  CITY OF NEW YORK, OR OTHER STATUTORY
 PROVISION AND (II) HAVE FILED  AND  RECEIVED  APPROVAL  FOR  SUCH  FILED
 NOTICE OF PARTICIPATION IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEAN-
 UP  OPERATIONS  AND SUBSEQUENTLY DEVELOP A QUALIFYING WORLD TRADE CENTER
 CONDITION, AS DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL  SECU-
 RITY  LAW,  SHALL,  AFTER  RECEIPT OF A WRITTEN REQUEST FOR LINE OF DUTY
 SICK LEAVE, BE GRANTED LINE OF DUTY SICK LEAVE COMMENCING  ON  THE  DATE
 THAT  SUCH  EMPLOYEE  WAS DIAGNOSED WITH A QUALIFYING WORLD TRADE CENTER
 CONDITION REGARDLESS OF WHETHER SUCH OFFICER OR EMPLOYEE WAS EMPLOYED BY
 HIS OR HER CURRENT EMPLOYER AT THE TIME THAT SUCH  OFFICER  OR  EMPLOYEE
 PARTICIPATED  IN  WORLD  TRADE  CENTER RESCUE, RECOVERY OR CLEANUP OPER-
 ATIONS. THE OFFICER OR EMPLOYEE SHALL BE COMPENSATED AT HIS OR HER REGU-
 LAR RATE OF PAY FOR THOSE REGULAR WORK HOURS DURING WHICH THE OFFICER OR
 EMPLOYEE IS ABSENT FROM WORK DUE TO HIS OR HER  QUALIFYING  WORLD  TRADE
 CENTER  CONDITION. SUCH LEAVE SHALL BE PROVIDED WITHOUT LOSS OF AN OFFI-
 CER OR EMPLOYEE'S ACCRUED SICK LEAVE.
   (B) A PUBLIC EMPLOYER SHALL NOT  TAKE  ANY  ADVERSE  PERSONNEL  ACTION
 AGAINST  A  PUBLIC  EMPLOYEE REGARDING THE EMPLOYEE'S EMPLOYMENT BECAUSE
 EITHER (I) THE EMPLOYEE UTILIZES, OR REQUESTS TO UTILIZE, SICK LEAVE  OR
 ANY  OTHER AVAILABLE LEAVE DUE TO A QUALIFYING WORLD TRADE CENTER CONDI-
 TION, AS SUCH TERM IS DEFINED IN  SECTION  TWO  OF  THE  RETIREMENT  AND
 SOCIAL  SECURITY  LAW,  OR  (II)  THE  EMPLOYEE  UTILIZES OR REQUESTS TO
 UTILIZE LINE OF DUTY SICK LEAVE PROVIDED BY THIS SECTION.

 S. 5890--A                          3
 
   (C) FOR PURPOSES OF THIS SECTION, AN "ADVERSE PERSONNEL ACTION"  MEANS
 ANY  DISCIPLINE,  INCLUDING  ISSUING  A NOTICE OF DISCIPLINE, DISCHARGE,
 SUSPENSION, DEMOTION, PENALIZATION, OR DISCRIMINATION AGAINST AN EMPLOY-
 EE UTILIZING LINE OF DUTY SICK LEAVE PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION.
   NOTHING  IN  THIS  SECTION SHALL LIMIT AN EMPLOYER'S POWER PURSUANT TO
 ANOTHER PROVISION OF LAW TO DISCIPLINE AN OFFICER OR EMPLOYEE BY  TERMI-
 NATION, REDUCTION OF SALARY, OR ANY OTHER APPROPRIATE MEASURE; TO TERMI-
 NATE  AN  APPOINTEE  WHO HAS NOT COMPLETED HIS OR HER PROBATIONARY TERM;
 AND TO APPLY FOR ORDINARY OR ACCIDENT DISABILITY RETIREMENT FOR AN OFFI-
 CER OR EMPLOYEE.
   3. FOR PURPOSES OF THIS SECTION, "COST" SHALL MEAN THE NUMBER OF  DAYS
 OF  SICK  LEAVE THAT MUST BE RESTORED TO AN OFFICER OR EMPLOYEE PURSUANT
 TO SUBDIVISION ONE OR TWO OF THIS SECTION MULTIPLIED BY SUCH OFFICER  OR
 EMPLOYEE'S  WAGE  RATE  AT  THE  TIME  THAT  SUCH  SICK  LEAVE FOR WHICH
 REIMBURSEMENT IS BEING SOUGHT WAS TAKEN.
   4. A REQUEST, FOR LINE OF DUTY SICK LEAVE  SHALL  BE  IN  WRITING  AND
 INCLUDE  A  WAIVER OF THE PROTECTION AFFORDED TO THE OFFICER OR EMPLOYEE
 PURSUANT TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY  ACT  TO
 ALLOW DISCLOSURE OF THE OFFICER OR EMPLOYEE'S APPROVED NOTICE OF PARTIC-
 IPATION  AND  ANY  MEDICAL RECORDS CONCERNING SUCH OFFICER OR EMPLOYEE'S
 NOTICE OF PARTICIPATION OR QUALIFYING WORLD TRADE  CENTER  CONDITION  IN
 THE POSSESSION OF THE RETIREMENT SYSTEM IN WHICH SUCH OFFICER OR EMPLOY-
 EE IS A MEMBER FOR THE PURPOSE OF REVIEWING, PROCESSING AND AUDITING HIS
 OR  HER  CLAIM FOR LINE OF DUTY SICK LEAVE.  SUCH WAIVER SHALL BE IN THE
 FORM REQUIRED BY THE RETIREMENT SYSTEM OF WHICH HE OR SHE IS  A  MEMBER,
 ALONG  WITH THE APPLICATION FOR LINE OF DUTY SICK LEAVE, WITH HIS OR HER
 EMPLOYER.
   5.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, UPON REQUEST
 FROM THE STATE, PUBLIC AUTHORITY OR MUNICIPAL CORPORATION OTHER  THAN  A
 CITY  WITH A POPULATION OF ONE MILLION OR MORE FOR A COPY OF AN APPROVED
 NOTICE OF PARTICIPATION IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEAN-
 UP OPERATIONS FOR AN OFFICER OR EMPLOYEE, THE RETIREMENT SYSTEM IN WHICH
 SUCH OFFICER OR EMPLOYEE IS A  MEMBER  AND  TO  WHICH  SUCH  OFFICER  OR
 EMPLOYEE  FILED HIS OR HER NOTICE OF PARTICIPATION IN WORLD TRADE CENTER
 RESCUE, RECOVERY OR CLEANUP OPERATIONS IN ACCORDANCE WITH PARAGRAPH  (A)
 OF  SUBDIVISION  THIRTY-SIX  OF SECTION TWO OF THE RETIREMENT AND SOCIAL
 SECURITY LAW, SUCH RETIREMENT SYSTEM SHALL PROVIDE A  VERIFIED  COPY  OF
 SUCH  APPROVED  NOTICE OF PARTICIPATION THAT INCLUDES THE DATE THAT SUCH
 NOTICE WAS FILED TO SUCH REQUESTOR. A COPY OF SUCH  VERIFIED  NOTICE  OF
 PARTICIPATION  SHALL BE FILED WITH ANY CLAIM FOR REIMBURSEMENT SUBMITTED
 TO THE CIVIL SERVICE COMMISSION PURSUANT TO  SUBDIVISION  FOUR  OF  THIS
 SECTION. EXCEPT AS REQUIRED FOR FILING, REVIEW, AND AUDIT PURPOSES, SUCH
 VERIFIED  NOTICE OF PARTICIPATION AND ALL COPIES OF SUCH VERIFIED NOTICE
 SHALL BE CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE PURSUANT TO  ARTICLE
 SIX OF THE PUBLIC OFFICERS LAW.
   6.  A PUBLIC AUTHORITY OR MUNICIPAL CORPORATION OTHER THAN A CITY WITH
 A POPULATION  OF  ONE  MILLION  OR  MORE  SHALL  SUBMIT  ANY  CLAIM  FOR
 REIMBURSEMENT  UNDER  THIS  SECTION  TO THE CIVIL SERVICE COMMISSION. IN
 ACCORDANCE WITH SUBDIVISION ONE-A OF SECTION SIX OF  THE  CIVIL  SERVICE
 LAW,  THE  CIVIL SERVICE COMMISSION SHALL REVIEW EACH CLAIM TO DETERMINE
 IF SUCH CLAIM SHALL BE APPROVED, REDUCED, AMENDED OR REJECTED AND  SHALL
 NOTIFY  THE SUBMITTING PUBLIC AUTHORITY OR MUNICIPAL CORPORATION, WITHIN
 SIXTY DAYS OF RECEIPT OF SUCH  CLAIM,  AS  TO  ITS  DETERMINATION.  SUCH
 PUBLIC AUTHORITY OR MUNICIPAL CORPORATION SHALL NOTIFY THE CIVIL SERVICE
 COMMISSION WITHIN THIRTY DAYS AFTER RECEIPT OF THE CIVIL SERVICE COMMIS-

 S. 5890--A                          4
 
 SION'S  NOTIFICATION, AS TO ITS ACCEPTANCE OR REJECTION OF SUCH DETERMI-
 NATION. FAILURE TO SO NOTIFY THE CIVIL SERVICE COMMISSION SHALL  CONSTI-
 TUTE  AN  ACCEPTANCE  OF  THE  DETERMINATION. IF ACCEPTED BY SUCH PUBLIC
 AUTHORITY OR MUNICIPAL CORPORATION, SUCH ACCEPTANCE SHALL CONSTITUTE THE
 FINAL  AND  CONCLUSIVE DETERMINATION FOR SUCH CLAIM. IF REJECTED BY SUCH
 PUBLIC AUTHORITY OR MUNICIPAL  CORPORATION,  SUCH  PUBLIC  AUTHORITY  OR
 MUNICIPAL CORPORATION SHALL RESUBMIT ITS CLAIM, WITHIN THIRTY DAYS AFTER
 RECEIPT  OF  THE  CIVIL SERVICE COMMISSION'S NOTIFICATION, TOGETHER WITH
 ITS REASONS FOR OBJECTION AND ANY  ADDITIONAL  DOCUMENTATION  WHICH  MAY
 JUSTIFY  ITS  CLAIM.  UPON  RECEIPT  OF  A  RESUBMITTED CLAIM, THE CIVIL
 SERVICE COMMISSION SHALL REVIEW SUCH CLAIM  AND  WITHIN  SIXTY  DAYS  OF
 RECEIPT  OF SUCH RESUBMITTED CLAIM, MAKE A FINAL DETERMINATION AS TO THE
 AMOUNT TO BE APPROVED FOR SUCH CLAIM. IF SUCH PUBLIC AUTHORITY OR MUNIC-
 IPAL CORPORATION SHALL DISPUTE SUCH FINAL DETERMINATION IT MAY  COMMENCE
 AN  ACTION,  WITHIN SIXTY DAYS OF SUCH FINAL DETERMINATION, IN THE COURT
 OF CLAIMS WHICH SHALL HAVE JURISDICTION  TO  ADJUDICATE  THE  CLAIM  AND
 ENTER  JUDGMENT,  WHICH  JUDGMENT  SHALL  BE  A  FINAL DETERMINATION FOR
 PURPOSES OF THIS SECTION AND SHALL BE PAYABLE  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF THIS SECTION.
   7.  THE  CIVIL SERVICE COMMISSION SHALL CERTIFY ALL CLAIMS FOR WHICH A
 FINAL DETERMINATION HAS BEEN MADE. THE CIVIL  SERVICE  COMMISSION  SHALL
 SUBMIT  ALL  CERTIFIED  CLAIMS  TO  THE COMPTROLLER OF THE DEPARTMENT OF
 AUDIT AND CONTROL ON OR BEFORE THE FIRST DAY OF THE IMMEDIATELY SUCCEED-
 ING MONTH DURING WHICH  SUCH CLAIM WAS CERTIFIED.
   8. ALL CLAIMS CERTIFIED BY THE CIVIL SERVICE COMMISSION SHALL BE  PAID
 MONTHLY AND SHALL BE PAID UPON A WARRANT FROM THE COMPTROLLER.
   §  3.  Section  6  of the civil service law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. HAVE THE POWER TO REVIEW CLAIMS FOR  REIMBURSEMENT  SUBMITTED  BY
 PUBLIC  AUTHORITIES  OR  MUNICIPAL CORPORATIONS OTHER THAN A CITY WITH A
 POPULATION OF A MILLION OR MORE PURSUANT TO SECTION NINETY-TWO-D OF  THE
 GENERAL  MUNICIPAL  LAW  TO  DETERMINE  IF SUCH CLAIM SHALL BE APPROVED,
 REDUCED, AMENDED OR REJECTED. SUCH REVIEW  AND  DETERMINATION  SHALL  BE
 MADE  IN  ACCORDANCE  WITH SECTION NINETY-TWO-D OF THE GENERAL MUNICIPAL
 LAW.
   § 4. Section 2 of chapter 273 of the laws of 2017, amending the gener-
 al municipal law relating  to  granting  sick  leave  for  officers  and
 employees  with a qualifying World Trade Center condition, is amended to
 read as follows:
   § 2. The state shall  reimburse  any  public  authority  or  municipal
 corporation  [of  less  than one million] OTHER THAN A CITY WITH A POPU-
 LATION OF ONE MILLION OR MORE people for the cost of any line duty  sick
 leave granted pursuant to this act.  SUCH REIMBURSEMENT SHALL BE MADE IN
 ACCORDANCE  WITH THE PROVISIONS OF SECTION 92-D OF THE GENERAL MUNICIPAL
 LAW.
   § 5. The administrative code of the city of New  York  is  amended  by
 adding a new section 12-140 to read as follows:
   § 12-140 LINE OF DUTY SICK LEAVE FOR WORLD TRADE CENTER RESCUE, RECOV-
 ERY  OR  CLEANUP OPERATIONS.  (A) NOTWITHSTANDING ANY OTHER LAW, RULE OR
 REGULATION TO THE CONTRARY, OFFICERS AND EMPLOYEES  OF  A  CITY  WITH  A
 POPULATION  OF ONE MILLION OR MORE WHO (I) DO NOT RECEIVE BENEFITS SIMI-
 LAR TO THOSE  PROVIDED  BY  THIS  SECTION  PURSUANT  TO  A  COLLECTIVELY
 BARGAINED  AGREEMENT, SECTION 14-122.1 OF THIS CODE, SECTION 15-108.1 OF
 THIS CODE, OR OTHER STATUTORY PROVISION  AND  (II)  FILED  AND  RECEIVED
 APPROVAL  FOR  SUCH  FILED NOTICE OF PARTICIPATION IN WORLD TRADE CENTER
 RESCUE, RECOVERY OR CLEANUP OPERATIONS AND SUBSEQUENTLY DEVELOP A QUALI-

 S. 5890--A                          5
 
 FYING WORLD TRADE CENTER CONDITION, AS DEFINED IN  SECTION  TWO  OF  THE
 RETIREMENT  AND  SOCIAL  SECURITY LAW, SHALL, AFTER RECEIPT OF A WRITTEN
 REQUEST FOR LINE OF DUTY SICK LEAVE, BE GRANTED LINE OF DUTY SICK  LEAVE
 COMMENCING  ON THE DATE THAT SUCH EMPLOYEE WAS DIAGNOSED WITH A QUALIFY-
 ING WORLD TRADE CENTER CONDITION REGARDLESS OF WHETHER SUCH  OFFICER  OR
 EMPLOYEE  WAS  EMPLOYED  BY HIS OR HER CURRENT EMPLOYER AT THE TIME THAT
 SUCH OFFICER OR EMPLOYEE PARTICIPATED  IN  WORLD  TRADE  CENTER  RESCUE,
 RECOVERY OR CLEANUP OPERATIONS. THE OFFICER OR EMPLOYEE SHALL BE COMPEN-
 SATED  AT  HIS  OR  HER REGULAR RATE OF PAY FOR THOSE REGULAR WORK HOURS
 DURING WHICH THE OFFICER OR EMPLOYEE IS ABSENT  FROM  WORK.  SUCH  LEAVE
 SHALL  BE PROVIDED WITHOUT LOSS OF AN OFFICER OR EMPLOYEE'S ACCRUED SICK
 LEAVE.
   (B) A PUBLIC EMPLOYER SHALL NOT  TAKE  ANY  ADVERSE  PERSONNEL  ACTION
 AGAINST  A  PUBLIC  EMPLOYEE REGARDING THE EMPLOYEE'S EMPLOYMENT BECAUSE
 EITHER (I) THE EMPLOYEE UTILIZES, OR REQUESTS TO UTILIZE, SICK LEAVE  OR
 ANY  OTHER AVAILABLE LEAVE DUE TO A QUALIFYING WORLD TRADE CENTER CONDI-
 TION, AS SUCH TERM IS DEFINED IN  SECTION  TWO  OF  THE  RETIREMENT  AND
 SOCIAL  SECURITY  LAW,  OR  (II)  THE  EMPLOYEE  UTILIZES OR REQUESTS TO
 UTILIZE LINE OF DUTY SICK LEAVE PROVIDED BY THIS SECTION.
   (C) FOR PURPOSES OF THIS SECTION, AN "ADVERSE PERSONNEL ACTION"  MEANS
 ANY  DISCIPLINE,  INCLUDING  ISSUING  A NOTICE OF DISCIPLINE, DISCHARGE,
 SUSPENSION, DEMOTION, PENALIZATION, OR DISCRIMINATION AGAINST AN EMPLOY-
 EE UTILIZING LINE OF DUTY SICK LEAVE PURSUANT TO SUBDIVISION (A) OF THIS
 SECTION.  NOTHING IN THIS SECTION SHALL LIMIT AN EMPLOYER'S POWER PURSU-
 ANT TO ANOTHER PROVISION OF LAW TO DISCIPLINE AN OFFICER OR EMPLOYEE  BY
 TERMINATION,  REDUCTION  OF SALARY, OR ANY OTHER APPROPRIATE MEASURE; TO
 TERMINATE AN APPOINTEE WHO HAS NOT COMPLETED  HIS  OR  HER  PROBATIONARY
 TERM; AND TO APPLY FOR ORDINARY OR ACCIDENT DISABILITY RETIREMENT FOR AN
 OFFICER OR EMPLOYEE.
   § 6. The commissioner of the department of civil service, in consulta-
 tion  with  the state comptroller and the commissioner of the department
 of taxation and finance,  shall  promulgate  rules  and  regulations  to
 assist  with the implementation of section 92-d of the general municipal
 law.  Such rules and regulations shall be issued no later than  90  days
 after  this  act  shall  have  become  a  law. Notwithstanding any other
 provisions to the contrary in the state  administrative  procedure  act,
 such  rules  and  regulations  may  be  adopted on an emergency basis if
 necessary to meet such 90-day deadline.
   § 7. The commissioner of the department of taxation  and  finance,  in
 consultation  with the state comptroller, shall issue guidance regarding
 the tax treatment to officers and employees who have  received  restored
 sick  leave  no later than sixty days after this act shall have become a
 law.
   § 8. This act shall take effect immediately; provided that section one
 of this act shall be deemed to have been in full force and effect on the
 same date as chapter 273 of the laws of 2017; and provided further  that
 this  act  shall apply to all claims for reimbursement filed pursuant to
 section 92-d of the general municipal law, as amended by this  act;  and
 provided further, that any officer or employee who is currently employed
 by  a  city  with a population of one million or more who has been diag-
 nosed with a qualifying World Trade Center condition and is  using  sick
 leave  due  to  such  condition shall receive a restoration of such sick
 leave retroactive to the date such officer  or  employee  was  diagnosed
 with a qualifying World Trade Center condition.

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