File #: Res 0043-2006    Version: * Name: Mayor and the FDNY to abide by the laws as set forth in the Laws of New York, 2002.
Type: Resolution Status: Filed
Committee: Committee on Fire and Criminal Justice Services
On agenda: 2/15/2006
Enactment date: Law number:
Title: Resolution calling upon the Mayor and the Fire Department of the City of New York to abide by the laws as set forth in the Laws of New York, 2002, Chapter 468, Part A, §3, concerning the full active employment status of James J. Corrigan, William Wren, and Phillip T. Hayes by the Fire Department of the City of New York on September 11, 2001, including their eligibility for all rights and privileges as active duty firefighters.
Sponsors: Tony Avella, Rosie Mendez, Michael C. Nelson, Vincent J. Gentile, Bill De Blasio, Vincent Ignizio
Council Member Sponsors: 6

Res. No. 43

 

Resolution calling upon the Mayor and the Fire Department of the City of New York to abide by the laws as set forth in the Laws of New York, 2002, Chapter 468, Part A, §3, concerning the full active employment status of James J. Corrigan, William Wren, and Phillip T. Hayes by the Fire Department of the City of New York on September 11, 2001, including their eligibility for all rights and privileges as active duty firefighters.

 

By Council Members Avella, Mendez, Nelson, Gentile, de Blasio and Ignizio.

 

Whereas, Pursuant to the Laws of New York, 2002, Chapter 468, Part A, §3, the legislature of the State of New York found and determined that “James J. Corrigan, William Wren, and Phillip T. Hayes were formerly employed as firefighters by the fire department of the city of New York and were killed while retired from such employment and in the course of firefighting at the World Trade Center on September 11, 2001”; and

Whereas, Pursuant to the Laws of New York, 2002, Chapter 468, Part A, §3, the legislature of the State of New York found and determined that “Notwithstanding any provision of any general, special, or local law to the contrary, the provisions of section 208-f of the general municipal law shall be deemed to apply to the widows and children of James J. Corrigan, William Wren, and Phillip T. Hayes, and such widows and children shall be eligible for the special accidental death benefit provided by such section upon the same terms and conditions as other persons eligible to receive benefits pursuant to such section”; and

Whereas, Pursuant to the Laws of New York, 2002, Chapter 468, Part A, §3, the legislature of the State of New York found and determined that “James J. Corrigan, William Wren, and Phillip T. Hayes, shall be deemed, as of September 11, 2001 to have been fully reinstated to full active employment status, at their highest achieved rank and status, on and as of September 11, 2001 without any dimunition or return of their previously received retirement benefits”; and

Whereas, The Fire Department of the City of New York has failed to abide by the law as set forth in Chapter 468, Part A, §3, by refusing to acknowledge the eligibility of the widows and children of James J. Corrigan, William Wren, and Phillip T. Hayes for the special accidental death benefit provided by §208-f of the general municipal law and by refusing to acknowledge the reinstatement of James J. Corrigan, William Wren, and Phillip T. Hayes to full active employment status on and as of September 11; now, therefore, be it

Resolved, That the Council of the City of New York calls upon the Mayor and the Fire Department of the City of New York to abide by the laws as set forth in the Laws of New York, 2002, Chapter 468, Part A, §3, concerning the full active employment status of James J. Corrigan, William Wren, and Phillip T. Hayes by the Fire Department of the City of New York on September 11, 2001, including their eligibility for all rights and privileges as active duty firefighters.

 

RBU

Res7/2005