S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6434
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2025
                                ___________
 
 Introduced  by M. of A. SHIMSKY -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the public authorities  law,  in  relation  to  employer
   liability for on-duty assaults of employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 1266-l of the public authorities law, as  added  by
 chapter  668 of the laws of 2022, is renumbered section 1266-n and a new
 section 1266-o is added to read as follows:
   § 1266-O. EMPLOYER LIABILITY FOR ON-DUTY ASSAULTS OF EMPLOYEES. 1.  IF
 ANY  EMPLOYEE, ENGAGED IN THE SERVICE OF ANY COMMUTER RAIL SERVICE OWNED
 OR OPERATED BY THE AUTHORITY OR ONE OF ITS SUBSIDIARIES, SHALL SUFFER  A
 PHYSICAL AND/OR MENTAL INJURY THAT IS CAUSED BY A PASSENGER, CUSTOMER OR
 MEMBER  OF THE PUBLIC WHILE THE EMPLOYEE IS PERFORMING AN ASSIGNED DUTY,
 PURSUANT TO SUBDIVISION ELEVEN OF SECTION 120.05 OF  THE  PENAL  LAW  OR
 OTHERWISE,  THE  EMPLOYER  SHALL  BE  LIABLE  FOR  ANY HEALTH CARE COSTS
 ATTRIBUTABLE TO SUCH INJURY AND, IN CASES WHERE IT IS DETERMINED BY SUCH
 EMPLOYEE'S HEALTH CARE PROVIDER THAT SUCH INJURED EMPLOYEE IS UNABLE  TO
 PERFORM  ASSIGNED REGULAR DUTIES DUE TO SUCH INJURY, SUCH EMPLOYEE SHALL
 BE COMPENSATED BY THE EMPLOYER AT AN AMOUNT NOT LESS THAN  THE  EMPLOYEE
 WOULD  HAVE  EARNED  ON THE ASSIGNMENT THEY WOULD HAVE WORKED UNTIL SUCH
 TIME THAT SUCH EMPLOYEE IS DESIGNATED ABLE TO RETURN TO  WORK  BY  THEIR
 HEALTH  CARE  PROVIDER,  OR IS FOUND PERMANENTLY DISABLED AS A RESULT OF
 SUCH INJURY, OR IF SUCH EMPLOYEE IS  GRANTED  AN  ACCIDENTAL  DISABILITY
 RETIREMENT  ALLOWANCE,  A RETIREMENT FOR DISABILITY INCURRED IN PERFORM-
 ANCE OF DUTY ALLOWANCE OR SIMILAR ACCIDENTAL DISABILITY PENSION PROVIDED
 BY THE PENSION FUND OF WHICH SUCH EMPLOYEE IS A MEMBER,  OR  UNTIL  SUCH
 TIME  THAT  SUCH  EMPLOYEE LEAVES THEIR EMPLOYMENT WITH THE AUTHORITY OR
 SUBSIDIARY.
   2. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  DIMINISH  THE  RIGHTS,
 PRIVILEGES,  OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02483-01-5
              

 A. 6434                             2
 
 AGREEMENT OR EMPLOYMENT CONTRACT.  NOTHING IN THIS SECTION  IS  INTENDED
 TO SUPERSEDE OR CONFLICT WITH FEDERAL LAWS, RULES OR REGULATIONS.
   3.  NOTWITHSTANDING  ANY  PROVISION  OF LAW CONTRARY THERETO CONTAINED
 HEREIN OR ELSEWHERE, A CAUSE OF ACTION SHALL ACCRUE TO THE AUTHORITY  OR
 ITS  SUBSIDIARIES FOR REIMBURSEMENT IN SUCH SUM OR SUMS ACTUALLY PAID AS
 SALARY OR WAGES AND FOR HEALTH CARE COSTS AS  AGAINST  ANY  THIRD  PARTY
 AGAINST  WHOM  THE  EMPLOYEE SHALL HAVE A CAUSE OF ACTION FOR THE INJURY
 SUSTAINED OR SICKNESS CAUSED BY SUCH THIRD PARTY.
   § 2. This act shall take effect immediately.