Int. No. 228

By Council Members Liu, Brewer, Fidler, Gennaro, Gentile, Koppell, Mark-Viverito, Recchia Jr., Vann, and Weprin

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 employees of the Department of Transportation and the Department of Environmental Protection.

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 is amended to read as follows:

(i) Where the death of a member of the uniformed forces of the police or fire departments or an employee of the department of transportation or the department of environmental protection 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 ninety-six and before February eighth, two thousand five, 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 ninety-eight and before April thirtieth, nineteen hundred ninety-nine, and the surviving spouses, domestic partners and children of employees of the roadway repair and maintenance division of the department of transportation who died on or after September first, two thousand five and before September twenty-eighth, two thousand five, 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.  Provided, however, and notwithstanding any other provision of law to the contrary, and solely for the purposes of this subparagraph, a member otherwise covered by this subparagraph shall be deemed to have died as the natural and proximate result of an accident or injury sustained while in the performance of duty upon which his or her membership is based, provided that such member was in active service upon which his or her membership is based at the time that such member was ordered to active duty, other than for training purposes, pursuant to Title 10 of the United States Code, with the armed forces of the United States, and such member died while on active duty on or after the effective date of the chapter of the laws of two thousand five which amended this subparagraph while serving on such active military duty.

§2.  This local law shall take effect immediately.

HG

Int 192/2004