NYC 9/11 Public Portal Document
09/20/2001 13:49 SKADDEN 4 912125180239P968910 NO.315 D06
Title: AN ACT to amend the general municipal law, the retirement and social security law and
the administrative code of the city of New York to provide benefits on behalf of public
employees who died or suffered disabling injuries in the line of duty as a result of the attack on
the World Trade Center on September 11, 2001 or the aftermath of such attack.
Summary of provisions:
Section 1 adds a new subdivision g to General Municipal Law 208-f to provide public
employees of any state or city entity with a special accidental death benefit equal to the benefit
provided under GML 208-f, i.e. the annual salary of the decedent, minus (1) the pension death
benefit; (2) social security benefit; and (3) workers compensation. This benefit will go to anyone
who died, including rescue workers and other public employees who were victims. Registered
domestic partners of the deceased will receive the same benefits as spouses. Provision is made
for benefits for families of employees who were eligible to join a retirement system but had not
yet done so.
Section 2 amends Retirement and Social Security Law section 605, which applies to members of
Tier 4. It provides a'/. salary disability benefit for an employee who was disabled as a result of a
line of duty injury sustained while in the immediate vicinity of the attack, or the afterman of such
attack (including both rescuers and other employee-victims), offset by any workers
compensation benefit (see references to RSSL 64 and Ad. Code 13-176). This benefit will be
available to members of Tier 4, and to persons who were eligible to join Tier 4 but had not done
so (but only if they apply to join the system by March 29, 2002). (Other rescuer workers
including EMTs would already get a'/. disability pension under existing state law.) Domestic
partners will be treated like spouses.
Section 3. The Board of Estimate chapter of the Administrative Code, (Chapter 4 of Title 3,
sections 3-401 through 3-404) provides death benefits in varying amounts for uniformed
employees whose survivors receive one year's salary and other employees who receive an
amount determined a[ the Mayor's discretion. This section will add a new section to Chapter of
4, to provide that the survivors of aany City employees — including rescue workers and other
employee-victims — who died will receive a death benefit equal to the employee's annual salary.
Domestic partners will be treated like spouses (as in existing Ad. Code provisions). These
benefits will be in lieu of other benefits under Chapter 4. This bill is broader on its face than
current law in one respect: if there is no surviving spouse domestic partner or minor child the
benefit will go to the "parent." (Existing law refers to "dependent parent" but has been
interpreted to include emotional as well as financial dependency.)
Section 4. New York City Administrative Code section 12-126 provides health insurance
coverage for survivors of police officers and firefighters who died in the line of duty. This part
of the bill will amend that section to extend such benefits to the survivor of any City employee
(including rescue workers and other employee victims) who died in connection with the events
of September 11 or their aftermath. These benefits will be provided to the surviving spouse or
domestic partner, until he or she dies, and to children under the age of 19, and children enrolled
on a full-time basis in a program of undergraduate study in an accredited degree-granting
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