Bill Text: NY A00943 | 2011-2012 | General Assembly | Introduced

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Bill Title: Entitles the heirs of a non-uniform correction department employee killed in the line of duty from an act of violence in a correctional facility to a benefit of $50,000; provides the comptroller to specify beneficiaries by rules and regulations according to specified guidelines; provides for interim benefit payment and makes related provisions.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2011-05-12 - enacting clause stricken [A00943 Detail]

Download: New_York-2011-A00943-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          943
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M.  of  A.  PHEFFER, CLARK, COLTON, WEISENBERG, AUBRY --
         Multi-Sponsored by -- M.  of A. ABBATE, CYMBROWITZ, GOTTFRIED,  MAYER-
         SOHN,  MILLMAN,  PRETLOW,  WEINSTEIN  -- read once and referred to the
         Committee on Correction
       AN ACT to amend the correction law, in relation to providing death bene-
         fits for the heirs of employees killed in the line of duty
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The correction law is amended by adding a new section 624
    2  to read as follows:
    3    S 624. DEATH BENEFITS; NON-UNIFORM DEPARTMENT EMPLOYEES KILLED IN  THE
    4  LINE  OF  DUTY.  1.  IN THE EVENT THAT A NON-UNIFORM DEPARTMENT EMPLOYEE
    5  DIES AS THE DIRECT AND PROXIMATE RESULT OF A PERSONAL  INJURY  SUSTAINED
    6  FROM  AN ACT OF VIOLENCE IN THE LINE OF DUTY AT A CORRECTIONAL FACILITY,
    7  HIS OR HER HEIRS SHALL BE  ENTITLED  TO  A  BENEFIT  OF  FIFTY  THOUSAND
    8  DOLLARS  TO  BE  PAID BY THE COMPTROLLER OF THE STATE OF NEW YORK OUT OF
    9  THE TREASURY OF THE STATE OF NEW YORK IN ACCORDANCE WITH RULES AND REGU-
   10  LATIONS ESTABLISHED BY THE COMPTROLLER AS FOLLOWS:
   11    A. IF THERE IS NO SURVIVING CHILD OF SUCH EMPLOYEE, TO  THE  SURVIVING
   12  SPOUSE OF SUCH EMPLOYEE;
   13    B.  IF  THERE IS A SURVIVING CHILD OR CHILDREN AND A SURVIVING SPOUSE,
   14  ONE-HALF TO THE SURVIVING CHILD OR CHILDREN OF SUCH  EMPLOYEE  IN  EQUAL
   15  SHARES AND ONE-HALF TO THE SURVIVING SPOUSE;
   16    C.  IF  THERE IS NO SURVIVING SPOUSE, TO THE CHILD OR CHILDREN OF SUCH
   17  EMPLOYEE IN EQUAL SHARES; OR
   18    D. IF NONE OF THE ABOVE, TO THE DEPENDENT PARENT OR  PARENTS  OF  SUCH
   19  EMPLOYEE IN EQUAL SHARES.
   20    2.  WHENEVER  THE  COMPTROLLER  DETERMINES, UPON A SHOWING OF NEED AND
   21  PRIOR TO TAKING FINAL ACTION, THAT THE DEATH OF AN EMPLOYEE IS ONE  WITH
   22  RESPECT  TO  WHICH  A BENEFIT HEREUNDER WILL PROBABLY BE PAID, THE COMP-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00641-01-1
       A. 943                              2
    1  TROLLER MAY MAKE AN INTERIM BENEFIT PAYMENT NOT EXCEEDING THREE THOUSAND
    2  DOLLARS TO THE PERSON ENTITLED TO RECEIVE A BENEFIT UNDER THIS SECTION.
    3    3.  THE  AMOUNT  OF  AN  INTERIM PAYMENT UNDER SUBDIVISION TWO OF THIS
    4  SECTION SHALL BE DEDUCTED FROM THE AMOUNT OF ANY FINAL BENEFIT  PAID  TO
    5  SUCH PERSON.
    6    4.  WHERE THERE IS NO FINAL BENEFIT PAID, THE RECIPIENT OF ANY INTERIM
    7  PAYMENT UNDER SUBDIVISION TWO OF THIS SECTION SHALL BE LIABLE FOR REPAY-
    8  MENT OF SUCH AMOUNT.   THE COMPTROLLER MAY WAIVE ALL  OR  PART  OF  SUCH
    9  REPAYMENT,  CONSIDERING FOR THIS PURPOSE THE HARDSHIP WHICH WOULD RESULT
   10  FROM SUCH REPAYMENT.
   11    5. THE BENEFIT PAYABLE UNDER THIS SECTION SHALL BE IN ADDITION TO  ANY
   12  OTHER  BENEFIT  THAT  MAY  BE  DUE  FROM  ANY OTHER SOURCE, BUT SHALL BE
   13  REDUCED BY ANY ENTITLEMENT PURSUANT TO THE PUBLIC SAFETY OFFICERS' BENE-
   14  FITS ACT OF 1976 (42USC3796) AND/OR THE PAYMENTS AUTHORIZED  BY  SECTION
   15  8191 OF TITLE FIVE OF THE UNITED STATES CODE.
   16    6.  NO  PAYMENT  UNDER  THIS  SECTION SHALL BE SUBJECT TO EXECUTION OR
   17  ATTACHMENT.
   18    7. NO BENEFIT SHALL BE PAID UNDER THIS SECTION:
   19    A. IF THE DEATH WAS  CAUSED  BY  THE  INTENTIONAL  MISCONDUCT  OF  THE
   20  EMPLOYEE  OR  BY  SUCH  EMPLOYEE'S  INTENTION  TO BRING ABOUT HIS OR HER
   21  DEATH;
   22    B. IF VOLUNTARY INTOXICATION OF THE EMPLOYEE WAS A CONTRIBUTING  CAUSE
   23  OF SUCH EMPLOYEE'S DEATH; OR
   24    C.  TO  ANY  PERSON WHO WOULD OTHERWISE BE ENTITLED TO A BENEFIT UNDER
   25  THIS SECTION IF SUCH PERSON'S ACTIONS WERE  A  SUBSTANTIAL  CONTRIBUTING
   26  FACTOR TO THE DEATH OF THE EMPLOYEE.
   27    S 2. This act shall take effect immediately.