Int. No. 286

By  Council Members Addabbo, Jr., Avella, Baez, Clarke, Foster, Gennaro, Gentile, Gerson, Lopez, Monserrate, Nelson, Quinn, Reed, Seabrook, Weprin and Vann

A Local Law to amend the administrative code of the city of New York, in relation to health insurance coverage for the surviving spouse or domestic partner and children of deceased city employees whose death is the natural and proximate result of an accident or injury sustained while in the performance of duty.

Be it enacted by the Council as follows:

Section 1.  Subparagraph (i) of paragraph 2 of subdivision b of section 12-126 of the administrative code of the city of New York, as amended by local law 3 of 2004, is amended to read as follows:

(i) Where the death of a [member of the uniformed forces of the police or fire departments] city employee is or was the natural and proximate result of an accident or injury sustained while in the performance of duty, the surviving spouse or domestic partner, until he or she dies, and the children under the age of nineteen years and any such child who is enrolled on a full-time basis in a program of undergraduate study in an accredited degree-granting institution of higher education until such child completes his or her educational program or reaches the age of twenty-three years, whichever comes first, shall be afforded the right to health insurance coverage, and health insurance coverage which is predicated on the insured's enrollment in the hospital and medical program for the aged and disabled under the social security act, as is provided for city employees, city retirees and their dependents as set forth in paragraph one of this subdivision. [The mayor may, in his or her discretion, authorize the provision of such health insurance coverage for the surviving spouses, domestic partners and children of uniformed correctional and sanitation employees who died on or after November first, nineteen hundred and ninety-six and before January twenty-seventh, two thousand four and the surviving spouses, domestic partners and children of employees of the fleet services division of the police department who died on or after October first, nineteen hundred and ninety- eight and before April thirtieth, nineteen hundred and ninety-nine as a natural and proximate result of an accident or injury sustained while in the performance of duty, subject to the same terms, conditions and limitations set forth in the section.]

§ 2.  This local law shall take effect immediately.

THC - LS#531

3/4/04