About this Chapter

This Chapter lists and explains some major laws that the UFA has successfully lobbied for and passed, such as our Work chart, Unlimited Line-of-Duty medical leave, the Variable Supplement laws and more. Also, the process of how laws are created and passed is explained. In addition, various legislative terms and a glossary of definitions are listed so you may more readily understand the language of the bills and laws as written. It also includes references to other sections of the Delegate manuals or free booklets you can order from the UFA about various or more comprehensive firefighter political and legislative matters. This Chapter lists all political contributions that were donated from the UFA FirePAC Fund to various candidates and officials during the past year. Explanations given here should help you better explain to your members many of the legislative accomplishments of the past and the challenges we are facing now as we work into the future. It will also refer you to different sections of the Delegate manual and/or UFA Website for more comprehensive and/or more current information.

UFA Website Legislative Section

It’s packed with plenty of helpful info for firefighters and updated regularly with Legislative activity. The UFA legislative agenda section allows you to click on pending firefighter legislation and read specifics about the bill. You can read about what the UFA is doing to push our agenda on behalf of the membership—and what you can do to help. When you click on the “UFA Political Action” and “Take Action” buttons, you can quickly write letters to your legislators directly on the site. It’s easy—just fill out the on-line form and hit send! New features and info are constantly added and it is updated regularly. See the below section about UFA Website Political Action Section and visit www.UFANYC.org.

Reaching Elected Officials & Community Leaders

1.UFA Booklets & UFA Website

New York City Council, New York State Assembly and Senate, United States Senators and Representatives, and

N.Y.C. Community Boards are all part of the political system that govern and/or bring about meaningful change in the neighborhoods we protect and all of NYC. Laws that affect firefighters and the people we protect are also largely determined through working with persons elected and/or appointed to these offices. The ‘Elected Officials & Community Leaders’ Chapter of the Politics & Legislative Book will give you a brief overview of your Elected Officials & Community Leaders and how the system works. It will also provide you with all contact info you will need to reach each elected official and their office, which can be found either in the included supplement of that chapter and/or in the Guide booklets which are in the inside pocket of the UFA Delegate Manual Binder. See your Company Delegate, who can easily provide you with this info.

2. UFA Website Political Action Section

On the UFA Website UFA website Political Action Page (www.UFANYC.org) you can quickly write letters directly to all of your elected officials, including U.S. Congress, NYS Senate & Assembly, local Community Boards, the Governor and Mayor. It’s easy—just fill out the online form and hit send! You can also quickly see legislation that the UFA is pursuing and review updates. You can check your reps’ votes by e-mail weekly or send a note to a friend to let them know about this site or get an alert when your involvement can make a critical difference. You will also find the latest UFA political activities such as rallies, pickets, ad campaigns, PR, media, etc. Make sure you set the UFA site in your ‘Favorites’ so you can quickly visit with one click.

UFA Political Action & Legislative Goals

UFA political objectives are accomplished through utilization of several important tools—Endorsements, FirePAC, Political Action Committee, Lobbying and firehouse members working with local Community Boards. These issues are summarized below. See Politics & Legislative Book (UFA Political Action chapter) and visit the UFA Website Legislative and Political Action sections regularly for current and more comprehensive info.

Pending UFA Legislation

For a comprehensive list and explanations of pending UFA legislative agenda and pending laws, see ‘Creating a New Law’ section later in this chapter.

Endorsing a Candidate

The UFA is only concerned with who is the best candidate for the UFA, not with their positions on items such as social issues or if they are a Democrat or Republican. Endorsement decisions are based upon how a candidate supports the UFA agenda and, should they win, what position they will be in to advance that agenda. A bipartisan approach is taken. Sometimes this decision becomes very difficult. It is hard to find a candidate out there that is not supportive of Firefighters, especially after 9/11. Being supportive is not enough though. For example, in the NYS Legislature the Assembly is controlled by Democrats and the Senate is controlled by Republicans (2004). While many legislators in Albany are supportive of the UFA, they may not be in the majority party. As a result, it is more beneficial for the UFA to support candidates that are in the majority. These candidates are in the best position to advance the UFA agenda.

Helping Candidates Get Elected

The UFA will always put the interests of our members first and endorse candidates we believe are in the best position to advance the UFA agenda. Sometimes the endorsement is not enough. To be really effective we must ensure the candidate we believe will get elected. To do this we make monetary contributions from our PAC fund and put our members to work on and often before Election Day. It is important that every member takes part in the process. The more members we turn out, the better our candidates do. When the call for volunteers goes out, do not sit on the sidelines. If every one of our members turned out for just a few hours a year, we could match the turnout of unions ten times our size. The politicians take notice of what unions are there on Election Day. So turn out and get noticed!

Delegate’s Advisory Committee for Political Action

Consists of one member from each battalion—known as PAC Delegates. They are chosen by the Company Delegates within each battalion, meet at least once per year at the call of the UFA Legislative Chairman and are a key element in all effective UFA political initiatives. They assist the UFA Legislative Chairman in organizing member support (with help from Company Delegates) and turnout for political events and fundraisers for candidates and elected officials who support firefighter issues. See Politics & Legislative Book (UFA Political Action chapter) for more comprehensive info, and also Union Book (Delegate & UFA Constitution chapters).

Lobbying

The UFA Legislative Chairman (usually our V.P.) works closely with elected officials and Community Boards, and spends considerable time lobbying in Albany forging professional relationships with the objective of supporting legislation that best supports UFA member interests. The Legislative Chairman is the most politically knowledgeable UFA point person for all political and legislative issues. See Politics & Legislative Book (UFA Political Action chapter) for more comprehensive info.

FirePAC $$ Contributions

This is a special fund that most NYC firefighters are members of by contributing $1.50 per pay period through direct payroll deductions. This extremely important fund allows the UFA to financially support candidates who advocate issues and legislation which benefit NYC firefighters. It is responsible for many of the legislative protections and benefits you and your families enjoy today, including pensions, variable supplement, workchart, unlimited sick leave, cancer & heart bills, PERB, widows’ pensions and much more. See Political & Legislative Book (UFA Political Action chapter) for more info. You can review a list of all contributions made by the UFA’s FirePAC (Political Action Committee) to various candidate campaign funds in order to help them get elected or re-elected. It may be found in the Supplements section insert near the end of that chapter.

Community Boards Can Help You

Your battalion’s PAC Delegate maintains a relationship with your firehouse’s local Community Board(s). At best, your PAC Delegate should insure members visit the CB meetings and/or stay in contact with CB leaders regularly, and keeping the CB informed if your company is experiencing recurring problems that the Department continually fails to take proper corrective action on—and how often you are unnecessarily taken out of service from their district. Positive relationships with your local CBs can yield tremendous benefits not only to your company, but to the entire membership whenever the UFA needs to take on a major political initiative where we need active community involvement. See Politics & Legislative Book (UFA Political Action chapter) for more comprehensive info.

Creating a New State Law

Pending UFA Legislation: How You Stay Informed

You can read about current and pending UFA legislation in several ways:

• By going to the Supplements section insert near the end of this chapter of the Delegate Manual, which is where your Delegate regularly inserts each legislative update published by the UFA Legislative Chairman.
• By visiting the UFA legislative agenda page of the UFA Website. See UFA Website Legislative section on the previous pages.
• By reading 65-2s, which your Delegate posts regularly in your firehouse and are also published on the UFA website.

The Idea

The idea for a bill can come from several sources: Legislators and their staff, the Governor and his staff or departments (program bills), citizens, lobbyists and special interest groups, or it can be a bill that had died in a previous session.

Sponsorship

A bill must have a sponsor in order to be introduced into the Legislative Session. Legislators or standing committees can introduce bills, with the exception of the Executive Budget which is introduced by the Governor. When the idea for a bill originates outside of these parties, then a sponsor must be found. For example, a lobbyist with an idea for a bill must circulate it among Legislators in order to find a sponsor.

Bill Drafting

The Legislative sponsor then submits the concept for a bill to the Legislative Bill Drafting Commission (LBDC). The Legal Services department drafts the bill, making sure that it is in the proper form and that the content reflects the sponsor’s intentions. LBDC then assigns a number for internal tracking purposes and returns the bill draft to the sponsor. The sponsor checks the language of the draft and returns it to LBDC for changes, if necessary. The prime sponsor may circulate the bill draft among colleagues in order to find additional sponsors.

Introduction

The bill draft is then introduced, assigned a bill number (ex. A100, S100) and printed. Once a bill has been introduced, LBDC makes information about the bill – bill text, summary, sponsors’ memoranda, etc. – available on LRS because it is now a public record. The Journal Clerk of each house (Senate and Assembly) makes hard copies of bills available to anyone who wants them at their respective document room on the third floor of the Capitol.

Committee Actions

Once a bill is introduced, house leadership refers it to the appropriate committee (ex. Banking Committee will receive bills dealing with banking) for review, discussion, revision and ultimately, approval or disapproval. The Legislators who are members of the standing committees in each house evaluate the ramifications of a bill and decide whether it should be approved, with or without revisions. Committee agendas are lists of the bills which will be considered at the committee meetings to decide whether or not the bill should be placed on the calendar.

Revision

As a bill makes its way through one or more committees, committees or sponsors may want changes. When a bill text is changed, it is called an amendment. Each time a bill is amended, it usually returns briefly to LBDC where it is proofread, and the appropriate form and content maintained. There is no limit on the number of times a bill can be amended. Amendments are indicated by a letter after the bill number. S180-A, for example, indicates the first amendment to Senate Bill 180; A180-D would be the fourth amendment and the fifth version of the Assembly bill.

If a bill makes it through all of the appropriate committees, then it is “reported out” to the floor of the house and is placed on the Daily Calendar along with other bills which have come through the committee process. If a committee does not report out a bill to the floor, then it is said to have died in committee.

Assembly Ways & Means and Senate Finance

In addition to any other appropriate committee, bills that require an expenditure of State funds must also go through the Assembly Ways & Means Committee or the Senate Finance Committee.

Rules Committee

The Majority Leader of the Senate is the chair of the Senate Rules Committee, and the Assembly Speaker chairs the Assembly Rules Committee. Therefore, these committees play a significant role in the flow of legislation. They are especially influential near the end of a legislative session when all committees report bills to the Rules committee.

Floor Vote

A bill that is reported out of its assigned committee may be put to a floor vote before the entire house after it has advanced to Third Reading calendar. In order for a bill to pass either house, it must receive a majority vote. If a bill passes the floor vote in the first house and passes the floor vote in the other house where it has also been scrutinized in committee(s), then it will be sent to the Governor. Failure to pass a floor vote in either house means the bill will not go to the Governor. Prior to a floor vote, a bill may be debated before the entire house. The public can observe floor debates from the gallery overlooking each chamber.

The Governor

When a bill passes both houses, it is delivered to the Governor. The Governor may approve of a bill and sign it, or he may disapprove and veto the bill. The Governor may decide to write an approval message for a bill he has signed. The Governor must write (except for pocket vetoes) a veto message explaining why he disapproved of any bills he vetoes.

Veto

If the Governor vetoes a bill, he stops it from becoming a law. A Governor’s veto can be overridden by a two-thirds majority vote in each house. Often, a bill that was vetoed or otherwise failed to become a law will be reintroduced in a subsequent session.

A Bill Becomes a Law

A bill becomes a law when the Governor signs it. As bills become laws, they are assigned chapter numbers for the particular session in which they were passed (such as, Chapter 15 of the Laws of 1999), known as “session chapters.” “Session chapters” should not be confused with “chapters” as that term applies to Consolidated Law. Most New York State Laws are organized, or consolidated, into subject areas called chapters such as Labor and Insurance. Currently, there are approximately 90 chapters of Consolidated Law in New York State. Laws that do not fit within any of the Consolidated Law chapters, such as the Local Emergency Housing Rent Control Act, Chapter 21 of 1962, are called unconsolidated laws.

Taylor Law & PERB (for Contracts)

The Taylor Law was enacted through NYS Legislation in the late 60’s with the objective of creating harmonious and cooperative relationships between government and its employees—and to protect the public by assuring at all times, the orderly and uninterrupted operations and functions of government. Prior to the Taylor Law, there were many years of turmoil, strife, and controversy in the areas of organization and collective bargaining in the public sector. The Taylor Law mandated the following:

1. It continued the prohibition against strikes (Section 210, subdivision 1, Section 211);
2. granted public employees the rights of organization and representation (Section 203 and 204);
3. authorized state and local governments to recognize, negotiate with and enter into written agreements with public employee organizations (Section 204, 204-e);
4. created the Public Employment Relations Board (PERB) to assist in resolving disputes (Section 205) which arose under the law. PERB was delegated the authority to establish procedures for determining representation status and to resolve disputes concerning representation status as well as to assist in collective bargaining and to generally exercise appellate jurisdiction over all local procedures and rules promulgated under the Taylor Law; and
5. created ‘Mini-PERBs’: Section 206 and 212 of the Taylor Law gave the option to every local government to establish a governing board and procedures (known as ‘mini-PERBs’) which would not be inconsistent with the provisions of the PERB and which would perform the same functions as PERB. New York City took advantage of this procedure by enacting legislation which resulted in the creation of the Office of Collective Bargaining (OCB), a ‘mini-PERB’.

PERB is available to the UFA should the UFA need to choose that path.

See Politics & Legislative Book (Taylor Law & PERB chapter) for more detailed info. The Taylor Law & PERB chapter was written with the intention of putting the primary elements of the NYS Taylor Law & PERB into every- day terms. It is a brief summary of certain sections of the Taylor Law, how it came into existence, the distinctions among some of its subcomponents/subchapters (PERB, OCB, mediation, binding arbitration, scoping, etc.), how it works and how it can affect your union’s ability to negotiate a contract on behalf of its membership. It also includes a copy of the 2002 report and recommendations by the NYS AFL-CIO Taylor Law Task Force, entitled ‘Taylor Law Reform for the Twenty-First Century’.

Work Chart Law

The UFA work chart is guaranteed by Administrative Code (AC), and cannot be taken away without a change in the law. This section of the AC is noted in the current Collective Bargaining Agreement. This law is reproduced as follows:

The Commissioner shall install a two-platoon system for Firefighters in accordance with [new Section 15-112] of the Administrative Code, which reads as follows:

[new Section 15-112] Working Hours – a. The Commissioner shall divide the deputy chiefs, battalion chiefs, captains, lieutenants, engineers and firefighters, marine engineers and pilots in boats of the department into platoons, and such division shall be fully completed and the provisions hereof fully effectuated. None of such platoons, or any member thereof, shall be assigned to more than one tour of duty in any twenty-four consecutive hours. The Commissioner shall install a two-platoon system.

Two platoons. The two platoon system shall consist of not more than two tours of duty of not more than nine hours each, to be followed by a rest period of at least forty-eight hours for all members. After such rest period there shall be not more than two tours of duty of not more than fifteen hours to be followed by a rest period for all members of at least seventy-two hours which shall continue in sequence so that not more than six nine-hour tours of duty and six fifteen- hour tours of duty shall be worked in any twenty-five consecutive calendar days, except, in the event of conflagrations, riots, or other similar emergencies or for the necessary time consumed in changing tours of duty, in which events such platoons or members thereof shall be continued on duty for such tours as may be necessary.

Unlimited Medical Leave Law

Definitions & Code Excerpts

• Overview: NYC Firefighters (and certain other agency employees) are entitled to unlimited medical leave for both Line-of-Duty and non Line-of-Duty injuries or illnesses. The distinctions between the two entitlements are briefly described, and exact wording of the Law is reproduced with some case law examples provided:
  • Line-of-Duty: Unlimited medical leave for Line-of duty injuries and illnesses (LODI) is protected by NYC Administrative Code (Law). It would require a change in law to take unlimited LODI medical leave away from NYC firefighters.
  • Non-line-of-duty: Unlimited medical leave for non LODI is protected by the UFA Collective Bargaining Agreement with the City—not by the NYC Administrative Code.

See Union Book: Your Rights Under the UFA Contract chapter, for additional info.

• LODI Medical Leave Law (exact Language): NYC Administrative Code § 12-127 , City Employees Injured in Course of Duty, is reproduced as follows:
  • Any member of the uniformed forces of the fire or police departments or any person employed in the department of sanitation in the sanitation service classification of the classified civil service who shall be injured while actually employed in the discharge of police orders of his or her superior officers in the police station, fire house or sanitation section station, as the case may be, or as the result of illness traceable directly to the performance of police, fire or sanitation duty, as the case may be, or any employee of the department of parks, general services, ports and terminals or environmental protection or a person employed by the police commissioner as a school crossing guard who shall be injured while actually employed in the discharge of duty, shall be received by any hospital for care and treatment when such facts are certified to by the head of the department. Unless otherwise provided in this section, such members shall be received by any hospital at the usual ward patient rates. The bill for such care and treatment at such rates, when certified by the superintendent or other person in charge of such hospital and approved by the head of the department concerned, shall be paid by the city.
  • Any member of the uniformed forces of the fire or police department or any person employed in the department of sanitation in the sanitation service classification of the classified civil service or a person employed by the police commissioner as a school crossing guard who, while in the actual performance of duty, and by reason of the performance of such duty and without fault or misconduct on his or her part, shall receive injuries to an extent which may endanger his or her life, shall be received by any hospital for care and treatment, and shall be afforded such medical or surgical care and hospitalization as may be ordered by the chief medical officer of the respective departments in conformity with the provisions of this section. Such medical officer shall forthwith notify the comptroller of the care and hospitalization so ordered. The rate charged for such care and hospitalization for such member or such person shall not exceed the rate charged any person in receipt of an income equal to the salary of such member or of such person for the same accommodations. The comptroller and the heads of the departments affected shall make necessary rules and regulations to carry out the provisions of this section. Upon certification by the chief medical officer of the department concerned, the bill for such care and hospitalization, when certified by the superintendent or other person in charge of the hospital and approved by the head of the department concerned, shall be paid by the city.
    Notwithstanding any provision of law to the contrary, a provider of medical treatment or hospital care furnished pursuant to the provisions of this section shall not collect or attempt to collect reimbursement for such treatment or care from any such city employee.
• LODI Case Notes from NYC Administrative Code: are excerpted here from case law, which may be helpful in determining the types of on-duty injuries which may entitle members to unlimited medical leave (or not) under the law:
  • A police officer slipped in a puddle of water in a precinct bathroom and sustained a back injury. Petitioner was disqualified from receiving payment of her hospital bills pursuant to § 12-127(b) which does not authorize such payment if an officer’s injury resulted from his or her “fault or misconduct.” Petitioner was negligent, failing to avoid an obvious hazard. Matter of Heintz v. Brown, 178 AD2d 333 affirmed 80 NY2d, 998 [1992].
  • A police officer was in the ladies’ room, brushing her teeth, when a mirror dislodged and struck her. The court held that the officer was not entitled to a line-of-duty injury designation. The law does not provide for compensation for injuries sustained while performing personal hygiene function not undertaken at the behest of a superior officer, the court said (would the result have been different if a superior officer had complained about her teeth and had directed her to go to the ladies’ room to brush the teeth?). The court construed the legislation to mean that even here an officer is still on duty at the time of the injury, a line- of-duty injury designation is available only where the injury itself arises out of police duties. Crockett v. Safir, 269 A.D.2d 227, 703 N.Y.S.2d 109 (App.Div. 1st Dept. 2000). NYC Code § 12-127.
• LODI Case Notes from Former Sections: are excerpted here, which may also be helpful in determining the types of on-duty injuries which may entitle members to unlimited medical leave (or not) under the law:
  • That motorcycle policeman had been injured in collision with automobile owned by defendant and that City had paid for the hospitalization of such policeman pursuant to Code of Ordinances, Art. 1, ch. 13, § 5, providing that City would pay hospitalization of any policeman or fireman injured in discharge of duties, held not to entitle City to recover amount thereof from defendant, in view of facts that City’s claim was dependent upon policeman’s cause of action for personal injuries, that such cause had vested in policeman and was nontransferable; that defendant was still subject to a suit for damages by the policeman and, since medical expenses constituted a part of his damages, to authorize the action by the City would result in a forbidden splitting up of cause of action, and that City may have become liable to hospital under the ordinance, which contained no expression or expectation of reimbursement, did not impose liability upon defendant as expense to City was a remote cause of the damage sustained. That not to sanction the cause of action would result in defendant escaping liability since policeman, not having expended money for medical services, might not recover therefor, was insufficient to sustain the action. Action might not be sustained on theory of subrogation since conventional subrogation arises by contract, which did not exist in present case, and legal subrogation arises in equity, necessitating a strong and clear showing of right and was never available to a volunteer.—City of N.Y. v. Barbato, 5 N.Y.S. 2d 125 [1938].
  • Where settlement effected between taxicab company’s insurer and policeman provided for payment to policeman of $1000 for injuries sustained when struck by taxicab, and also for assumption of responsibility for bill of City hospital in which the policeman had been confined, insurer could not escape liability to the hospital on theory it had assumed liability only for so much of the hospital bill as the policeman would be legally liable for and that under Code of Ordinances, ch. 13, § 5, such bill was payable by the City. The agreement to pay the hospital expenses was part of the consideration for the settlement and such promise inured to benefit of Commissioner of City Hospitals, the obligation to pay was one imposed by law on the taxicab company and was not primarily an obligation of the policeman, in paying for hospital services the City did so out of generosity and not as a matter of legal duty, a patient who is able to pay for treatment in a public hospital is liable therefor and the Commissioner is required to collect such payment (old Charter § 692m), and there was no showing that the City ever intended treating the policeman without compensation.—Goldwater v. Citizens Casualty Co., 7 N.Y.S. 2d 242 [1938].
  • Nothing in this section precludes a malpractice action against a fellow employee who is a physician also employed by the department of sanitation, and such a suit could be maintained where the department of sanitation was excluded from workers’ compensation coverage.—Liantenio v. Baum, 95 Misc. 2d 636, 408 N.Y.S. 2d 257 [1978].
  • Petitioner police officer was injured as an “incident of employment” when he fell on ice in family ct. parking lot 5 min. before going on duty there. The denial of line of duty designation was arbitrary and capricious.—Brullman v. McGuire, 189 (37) N.Y.L.J. (2-24-83) 12, Col. 1 T.
  • Policeman was injured in uniform while in the precinct when he reported to work 30 min. early. Ct. determined that injury should be designated “line- of-duty.”—Yacano v. McGuire, 191 (72) N.Y.L.J. (4-13-84) 6, Col. 2 B.

Injured? LOD Injury/Exposure Reports

• Documenting Injuries: Make sure EVERY line of duty injury or any type of possible hazardous exposure is documented with a CD-72, CD-73 or MD-X3 which are the FDNY’s initial record of all injuries/exposures that occur while on duty, regardless of case law examples given above. Do not feel that any on-duty accidental injury does not warrant the submission of the proper form. No matter how slight the injury, it’s never known whether it will be disabling or if you’ll suffer permanently. Most often these forms are the basis of claims for accidental (3/4) disability. When initially going sick, sometimes we neglect to be seen by a medical officer, by reporting the injury by phone, or we are seen by the FDNY doctor but don’t go to a hospital emergency room for an examination. When you are injured, make sure you are examined at the nearest hospital emergency room. Do not self-diagnose. Indicate where you have pain. Let the doctor determine if it is broken, torn, sprained, bruised, etc.
  Be sure to file completed proper forms for every line of duty injury or exposure. See that the appropriate journal entry has been made to document your incident. Far too often the description on the form is vague and imprecise. Simply stating that an accidental injury happened while performing firefighting duties is incorrect.
• Members should contact their Delegate first, and Trustee on-duty if you are still uncertain, prior to signing and submitting any CD-72, CD-73 or MD-X3 forms.

Ensure you see FDNY Book (Safety chapter & Bureau of Health Services chapter: Line-of-Duty Injuries sections) for more very important info and specific form preparation instructions.

Accident or Incident?

• Accident: An “accident” has been defined by the Court of Appeals as an incident which is a “sudden fortuitous mischance, unexpected, out-of-the-ordinary, and injurious in impact,” and which happens while a member is in city-service. However, the Courts have also determined that not every line-of-duty injury constitutes an “accident.” If the injury is sustained in the performance of routine duties, it is not an “accident,” and the resulting disability does not entitle a member to an Accidental Disability Retirement (ADR). If, however, the injury is the result of an unexpected event which is not the risk of the work performed, then the injury is an “accident,” and the resulting disability entitles the member to ADR.
• Aggravation: A member is also entitled to an ADR if an “accident” aggravates a preexisting condition or precipitates the development of a latent condition, resulting in a disability. However, if the 1-B Medical Board determines that the cause of the disability is not the “accident” but rather the underlying condition, then the member is not entitled to an ADR and the accident does not constitute “aggravation.”

Ensure you review the Retirement & Money Book: Disability Pension chapter, and the FDNY Pension Manual chapter, if you have a LODI you may be forced to retire.

NYC Firefighters Presumptive Laws

Lung Disease Presumption

NYC Administrative Code § 13-354 Certain disabilities of firefighters.

Notwithstanding any other provisions of this code to the contrary, any condition of impairment of health caused by diseases of the lung, resulting in total or partial disability or death to a member of the uniformed force, who successfully passed a physical examination on entry into the service of such department, which examination failed to reveal any evidence of such condition, shall be presumptive evidence that it was incurred in the performance and discharge of duty, unless the contrary be proved by competent evidence.

UFA Added Note: It is not necessary to show any direct connection between a work related incident and lung problems which fall under the lung bill. You are covered for lung disease. If an applicant proves that he is suffering from a disabling lung disease, which is not detected at entry in the FD, it is presumed that he sustained the lung disease as a result of his duties in the FD, and he is entitled to an ADR. This presumption is rebuttal.

Ensure you review the Retirement & Money Book: Disability Pension chapter, and the FDNY Pension Manual chapter, if you have a lung condition that may force you to retire.

9-11 World Trade Center Disease and Injury Presumption

NYC Administrative Code § 13-353.1 Accidental disability retirement; World Trade Center presumption.

1. (a) Notwithstanding any provisions of this code or of any general, special or local law, charter or rule or regulation to the contrary, any condition or impairment of health caused by a qualifying condition or impairment of health resulting in disability to a member who participated in World Trade Center rescue, recovery or cleanup operations for a minimum of forty hours shall be presumptive evidence that it was incurred in the performance and discharge of duty and the natural and proximate result of an accident not caused by such member’s own willful negligence, unless the contrary be proved by competent evidence. A member shall be eligible for the presumption provided for under this paragraph notwithstanding the fact that the member did not participate in World Trade Center recovery and cleanup operations for a minimum of forty hours, provided that:

• • the member participated in the rescue, recovery, or cleanup operations at the World Trade Center site between September eleventh, two thousand one and September twelfth, two thousand one;
  • the member sustained a documented physical injury at the World Trade Center site between September eleventh, two thousand one and September twelfth, two thousand one that is a qualifying condition or impairment of health resulting in disability to the member that prevented the member from continuing to participate in World Trade Center rescue, recovery or cleanup operations for a minimum of forty hours; and
  • the documented physical injury that resulted in a disability to the member that prevented the member from continuing to participate in World Trade Center rescue, recovery or cleanup operations for a minimum of forty hours is the qualifying condition or impairment of health which the member seeks to be eligible for the presumption provided for under this paragraph.

• In order to be eligible for the presumption provided for under paragraph (a) of this subdivision, a member must have successfully passed a physical examination for entry into public service which failed to disclose evidence of the qualifying condition or impairment of health that formed the basis for the disability.
  • For purposes of this subdivision, “qualifying condition or impairment of health” shall include:
    • Diseases of the upper respiratory tract and mucosae, including conditions such as conjunctivitis, rhinitis, sinusitis, pharyngitis, laryngitis, vocal cord disease, upper airway hyper-reactivity and tracheo-bronchitis, or a combination of such conditions;
    • Diseases of the lower respiratory tract, including but not limited to bronchitis, asthma, reactive airway dysfunction syndrome, and different types of pneumonitis, such as hypersensitivity, granulomatous, or eosinophilic;
    • Diseases of the gastroesophageal tract, including esophagitis and reflux disease, either acute or chronic, caused by exposure or aggravated by exposure;
    • Diseases of the psychological axis, including post-traumatic stress disorder, anxiety, depression, or any combination of such conditions;
    • Diseases of the skin such as contact dermatitis or burns, either acute or chronic in nature, infectious, irritant, allergic, idiopathic or non-specific reactive in nature, caused by exposure or aggravated by exposure; or
    • New onset diseases resulting from exposure as such diseases occur in the future including cancer, chronic obstructive pulmonary disease, asbestos-related disease, heavy metal poisoning, musculoskeletal disease and chronic psychological disease;
  • For purposes of this subdivision, “participated in World Trade Center rescue, recovery or cleanup operations” shall mean any member who:
    • participated in the rescue, recovery, or cleanup operations at the World Trade Center site between September eleventh, two thousand one and September twelfth, two thousand two, or
    • worked at the Fresh Kills Land Fill in New York between September eleventh, two thousand one and September twelfth, two thousand two, or
    • worked at the New York city morgue or the temporary morgue on pier locations on the west side of Manhattan between September eleventh, two thousand one and September twelfth, two thousand two, or
    • manned the barges between the west side of Manhattan and the Fresh Kills Land Fill in New York between September eleventh, two thousand one and September twelfth, two thousand two. For the purposes of this section, “World Trade Center site” shall mean anywhere below a line starting from the Hudson River and Canal Street; east on Canal Street to Pike Street; south on Pike Street to the East River; and extending to the lower tip of Manhattan.
  • In order to be eligible for consideration for such presumption, such member must file a written and sworn statement with the New York City fire department pension fund (NYCFDPF) on a form provided by such system indicating the dates and locations of employment. Such statement must be filed not later than four years following the effective date of chapter one hundred four of the laws of two thousand five.
  • The NYCFDPF board of trustees is hereby authorized to promulgate rules and regulations to implement the provisions of this paragraph.
• (a) Notwithstanding the provisions of this chapter or of any general, special or local law, charter, administrative code or rule or regulation to the contrary, if a member who participated in World Trade Center rescue, recovery or cleanup operations for a minimum of forty hours, and subsequently retired on a service retirement, an ordinary disability retirement or a performance of duty disability retirement and subsequent to such retirement incurred a disability caused by any qualifying condition or impairment of health which the NYCFDPF board of trustees determines, after a determination of disability by the applicable medical board, to have been caused by such member’s having participated in World Trade Center rescue, recovery or cleanup operations for a minimum of forty hours, upon such determination by the NYCFDPF board of trustees, it shall be presumed that such disability was incurred in the performance and discharge of duty as the natural and proximate result of an accident not caused by such member’s own willful negligence, and that the member would have been physically or mentally incapacitated for the performance and discharge of duty of the position from which he or she retired had the condition been known and fully developed at the time of the member’s retirement, unless the contrary is proven by competent evidence. A member shall be eligible for the presumption provided for under this paragraph notwithstanding the fact that the member did not participate in World Trade Center rescue, recovery or cleanup operations for a minimum of forty hours, provided that:

• the member participated in the rescue, recovery, or cleanup operations at the World Trade Center site between September eleventh, two thousand one and September twelfth, two thousand one;
• the member sustained a documented physical injury at the World Trade Center site between September eleventh, two thousand one and September twelfth, two thousand one that is a qualifying condition or impairment of health resulting in disability to the member that prevented the member from continuing to participate in World Trade Center rescue, recovery or cleanup operations for a minimum of forty hours; and
• the documented physical injury that resulted in a disability to the member that prevented the member from continuing to participate in World Trade Center rescue, recovery or cleanup operations for a minimum of forty hours is the qualifying condition or impairment of health which the member seeks to be eligible for the presumption provided for under this paragraph.
• • The reclassification provided for in paragraph (a) of this subdivision shall not be granted, unless:
    • the member files a written and sworn statement with the NYCFDPF on a form provided by such system indicating the dates and locations of employment within four years following the effective date of chapter one hundred four of the laws of two thousand five; and
    • the member must have successfully passed a physical examination for entry into public service which failed to disclose evidence of the qualifying condition or impairment of health that formed the basis for the disability.
  • The NYCFDPF shall consider a reclassification of the member’s retirement as an accidental disability retirement effective as of the date of such reclassification.
    • Such member’s retirement option shall not be changed as a result of such reclassification.
    • The member’s former employer at the time of the member’s retirement shall have an opportunity to be heard on the member’s application for reclassification by the NYCFDPF board of trustees according to procedures developed by the NYCFDPF.
    • The NYCFDPF board of trustees is hereby authorized to promulgate rules and regulations to implement the provisions of this paragraph.
  • Notwithstanding any other provision of this chapter or of any general, special or local law, charter, administrative code or rule or regulation to the contrary, if a retiree who:
    • has met the criteria of subdivision one of this section and retired on a service or disability retirement, or would have met the criteria if not already retired on an accidental disability; and
    • has not been retired for more than twenty-five years; and
    • dies from a qualifying condition or impairment of health, as defined in paragraph (c) of subdivision one of this section, that is determined by the applicable head of the retirement system or applicable medical board to have been caused by such retiree’s participation in the World Trade Center rescue, recovery or cleanup operations, as defined in paragraph (d) of subdivision one of this section, then unless the contrary be proven by competent evidence, such retiree shall be deemed to have died as a natural and proximate result of an accident sustained in the performance of duty and not as a result of willful negligence on his or her part. Such retiree’s eligible beneficiary, as set forth in section 13-347 of this subchapter, shall be entitled to an accidental death benefit as provided by sections 13-347 and 13- 348 of this subchapter, however, for the purposes of determining the salary base upon which the accidental death benefit is calculated, the retiree shall be deemed to have died on the date of his or her retirement. Upon the retiree’s death, the eligible beneficiary shall make a written application to the head of the retirement system within the time for filing an application for an accidental death benefit as set forth in sections 13-347 and 13- 348 of this subchapter requesting conversion of such retiree’s service or disability retirement benefit to an accidental death benefit. At the time of such conversion, the eligible beneficiary shall relinquish all rights to the prospective benefits payable under the service or disability retirement benefit, including any post- retirement death benefits, since the retiree’s death. If the eligible beneficiary is not the only beneficiary receiving or entitled to receive a benefit under the service or disability retirement benefit (including, but not limited to, post-retirement death benefits or benefits paid or payable pursuant to the retiree’s option selection), the accidental death benefit payments to the eligible beneficiary will be reduced by any amounts paid or payable to any other beneficiary.
  • Notwithstanding any other provision of this code or of any general, special or local law, charter, or rule or regulation to the contrary, if a member who:
    • has met the criteria of subdivision one of this section; and
    • dies in active service from a qualifying condition or impairment of health, as defined in paragraph(c) of subdivision one of this section, that is determined by the applicable head of the retirement system or applicable medical board to have been caused by such member’s participation in the World Trade Center rescue, recovery or cleanup operations, as defined in paragraph (d) of subdivision one of this section, then unless the contrary be proven by competent evidence, such member shall be deemed to have died as a natural and proximate result of an accident sustained in the performance of duty and not as a result of willful negligence on his or her part. Such member’s eligible beneficiary, as set forth in section 13-347 of this subchapter, shall be entitled to an accidental death benefit provided he or she makes written application to the head of the retirement system within the time for filing an application for an accidental death benefit as set forth in section 13-347 of this subchapter.

UFA Added Note: It is not necessary to show any direct connection between a work related incident and a cancer which falls under the Cancer Bill. You are covered for the above named specific ailments.

Ensure you review the Retirement & Money Book: Disability Pension chapter, and the FDNY Pension Manual chapter, if you have a cancerous condition that may force you to retire.

Heart Disease & Stroke Presumption

NYS General Municipal Law § 207-k. Disabilities of policemen and firemen in certain cities

1. (a) Notwithstanding the provisions of any general, special or local law or administrative code to the contrary, but except for the purposes of sections two hundred seven-a and two hundred seven-c of this article, the workers’ compensation law and the labor law, any condition of impairment of health caused by diseases of the heart, or by a stroke, resulting in total or partial disability or death to a paid member of the uniformed force of a paid police department or fire department, where such paid policemen or firemen are drawn from competitive civil service lists, who successfully passed a physical examination on entry into the service of such respective department, which examination failed to reveal any evidence of such condition, shall be presumptive evidence that it was incurred in the performance and discharge of duty, unless the contrary be proved by competent evidence.

UFA Added Note: It is not necessary to show any direct connection between a work related incident and heart problems which fall under the heart bill. You are covered for heart/coronary artery disease. This does not include high blood pressure or hypertension. If an applicant proves that he/she is suffering from a disabling heart disease then it is presumed that he incurred the heart disease as a result of his duties in the FDNY and is entitled to an ADR. However, this presumption is rebuttal e.g. if evidence of the condition was visible upon FDNY entrance examination, or proven contrary to line of duty by competitive evidence.

Ensure you review the Retirement & Money Book: Disability Pension chapter, and the FDNY Pension Manual chapter, if you have a heart condition that may force you to retire.

Cancer Presumption

NYS General Municipal Law § 207-kk. Disabilities of firefighters in certain cities caused by cancer

• Notwithstanding any other provisions of this chapter to the contrary, any condition of impairment of health caused by

1. any condition of cancer affecting the lymphatic, digestive, hematological, urinary, neurological, breast, reproductive, or prostate systems or
2. melanoma resulting in total or partial disability or death to a paid member of a fire department in a city with a population of one million or more, who successfully passed a physical examination on entry into the service of such department, which examination failed to reveal any evidence of such condition, shall be presumptive evidence that it was incurred in the performance and discharge of duty unless the contrary be proved by competent evidence. The provisions of this section shall remain in full force and effect to and including the thirtieth day of June, two thousand five.

UFA Added Note: It is not necessary to show any direct connection between a work related incident and a cancer which falls under the Cancer Bill. You are covered for the above named specific ailments.

Ensure you review the Retirement & Money Book: Disability Pension chapter, and the FDNY Pension Manual chapter, if you have a cancerous condition that may force you to retire.

Communicable Disease Presumption

NYS General Municipal Law § 207-p. Performance of duty disability retirement; police and fire department

Notwithstanding any other provision of this chapter or administrative code to the contrary, any paid member of a fire department and/or a paid police department, in a city with a population of one million or more who successfully passed a physical examination upon entry into the service of such department who contracts HIV (where the employee may have been exposed to a bodily fluid of a person under his or her care or treatment, or while the employee examined, transported, rescued or otherwise had contact with such person, in the performance of his or her duties), tuberculosis or hepatitis, will be presumed to have contracted such disease as a natural or proximate result of an accidental injury received in the performance and discharge of his or her duties and not as a result of his or her willful negligence, unless the contrary be provided by competent evidence.

UFA Added Note: This Bill creates the presumption that a member who is disabled as a result of HIV, hepatitis or tuberculosis contracted such disease as a result of his/her duties as a firefighter. As such, that member would qualify for a 3/4 accidental (LOD) pension. First, you must be declared Limited Service (LSS) by BHS, meaning you have permanent partial disability and are unfit to perform fire duty. The criteria for proof of Hepatitis C is a positive liver biopsy.

Ensure you review the Retirement & Money Book: Disability Pension chapter, and the FDNY Pension Manual chapter, if you have a communicable disease that may force you to retire.

Other Laws

1. Acting out of Title Accidental Death Benefit
   This bill is intended to give New York City police and firefighters killed in the line of duty while acting in a higher rank the same benefit afforded those serving in that higher rank.
2. Line-of-Duty Widows COLA
   This legislation extends the escalation of a cost of living increase of approximately 3% for all line-of-duty widows or widowers for fiscal year 2008-2009.
3. Credit to siblings on Civil Service Exams
   Grants additional credit in the amount of 10 points on competitive examinations to siblings of firefighters and police killed in the line of duty as a natural or proximate result of the World Trade Center attack on 9/11/01 or as a natural or proximate result of rescue efforts conducted in response thereto.
4. Patriot Law Loan Repayment Suspension
   This law permits the suspension of loan payments during any period a member is on military duty. Any suspension of loan repayments based on absence for military duty shall extend the time for repayment of the unpaid balance for the same period of time as the loan is suspended.
5. Tier II Service Retiree Returning to Service
   This law entitles a Tier II service retiree who returns to public service and joins or rejoins a public retirement system, and who thereafter separates from service prior to the completion of two (2) years of credited service, to receive a retirement allowance which shall consist of an annuity which is the actuarial equivalent of his/her accumulated contributions, and the pension, including ITHP, which he/she was receiving prior to his/her last restoration to membership.
6. Temporary Benefits Extenders (2005-2009)
   Heart Bill, Cancer Bill, ITHP. Extends certain temporary benefits and supplementation programs until July 1, 2009. Check the UFA website W for additional extenders of this bill beyond 2009.
7. Service Retiree Income Limitation
   This law amends RSSL § 212 by increasing the amount that service retirees can earn without pension diminution to $27,500 for 2004.
8. Pension Loans 90%
   Provides that Certain members of the New York City Fire Dept Pension Fund may borrow an amount up to 90% of their accumulated contributions.
9. Hometown Heroes Survivor Act
   The January 2004 issue of the Fire Service Labor Monthly notes that President Bush has signed into law a statute extending federal death benefits to firefighters and other first responders who die of a heart attack in the performance of their duties. Like our local “Heart Bill,” the law creates a presumption that if a heart attack or stroke occurs while performing “non routine stressful or strenuous fire suppression, rescue, hazardous material response, emergency medical services…,” that the death is sustained in the line of duty. According to the article, the presumption is not overcome by medical evidence to the contrary. If that is the case, it seems to be more than just a presumption but rather a mandatory finding of entitlement to the federal benefits. The article further notes that the current PSOB benefit is $267,494.00. (Info provided by UFA general Counsel Michael N. Block)
10. FF Engeldrum Bill
    Provides death benefits and health insurance coverage to eligible survivors of public employees who die while on active duty in any branch of the armed forces.

Variable Supplement Laws (Defined Benefit)

Overview of Defined Benefit

The Variable Supplement Fund (VSF) is also known as the Defined Benefit. The VSF is not payable to Disability or Vested retirees. All current members who retire under ordinary service retirement with at least 20 years of service will receive a lump sum payment from the Variable Supplements Fund on or about December 15th of each calendar year they are retired. Your first retirement year payment will be prorated based on the number of months you are retired, beginning with the month following the month you retired. The payment will increase by $500 per year until it maximizes $12,000 in 2007. Payment will remain at that fixed amount each year thereafter. The VSF is reduced for any applicable Cost of Living Adjustment (COLA) offset that the retiree may receive. The UFA is currently pushing proposed legislation to eliminate COLA offsets.

D.R.O.P. VSF

The Deferred Retirement Option Plan (DROP) allows active members to accrue (non-interest bearing) the VSF Defined Benefit for each year as of their 20th anniversary date or January 1, 2002, whichever is later. The accrued lump sum will be included with the retiree’s first VSF payment. You may not receive payment until after retirement. In April of 2005, the City actuary verbally notified the FDNY Pension Unit that it changed the interpretation on the 2002 dollar amount of the Variable Supplement Fund Law DROP. The original interpretation was that members with time prior to 01-01-1982 were only going to receive 11/12ths of $9,500.00 or $8,708.33. They will now get credit for the whole $9,500.00 for that year. The Pension Unit will adjust from this point forward and is working on paying the retired members.

Definitions of Terms

As written in the Code, with numeration as presented in the Code:
NYC Code § 13-382. Definitions
As used in this subchapter, the following words and phrases shall have the following meanings, unless a different meaning is plainly required by the context:

• • “Variable supplements fund.” The firefighters’ variable supplements fund established by this subchapter.
    • 1-a. “Minimum period.” The minimum period of credited service which a member of pension fund subchapter one or pension fund subchapter two is required by law to perform in order to be eligible to retire for service with immediate playability of retirement allowance.
    • 1-b. “Firefighter.” A member of either pension fund referred to in subdivision one-a of this section who, at the time of retirement for service by reason of fulfillment of the minimum period, was a firefighter and was not a fire officer as defined in subdivision five of section 13-392 of subchapter six of this chapter.

• • “Association.” The uniformed firefighters’ association of greater New York.
  • “Fiscal year.” Any year commencing with the first day of July and ending with the thirtieth day of June next following.
  • “Board.” The board of trustees provided for in section 13-384 of this subchapter.
  • “Pension fund beneficiary.” (a) Subject to the provisions of paragraph (b) of this subdivision and except as provided in subdivision e of section 13-385 of this subchapter, any person who receives a retirement allowance by reason of having retired, on or after October first, nineteen hundred sixty-eight, for service (with credit for twenty or more years of service creditable toward the minimum period) as a member of pension fund subchapter one or subchapter two and as a firefighter or fire marshal (uniformed).
  • “Variable supplement.” Any sum authorized to be paid to a pension fund beneficiary pursuant to the provisions of this subchapter.
  • “Pension fund subchapter two.” The New York fire department pension fund subchapter two maintained pursuant to subchapter two of chapter three of this title.
  • “Pension fund subchapter one.” The New York fire department pension fund maintained pursuant to subchapter one of chapter three of this title.

General Description

As written in the Code, with numeration as presented in the Code:

NYC Code § 13-383. Firefighters Variable Supplements Fund

• There is hereby established a fund, to be known as the firefighters’ variable supplements fund. Such fund shall consist of such monies as may be paid thereto from pension fund subchapter two, pursuant to the provisions of sections 13-335 and 13-335.1 of this chapter and all other monies received by such fund from any other source pursuant to law.
• It is hereby declared by the legislature that the firefighters’ variable supplements fund shall not be, and shall not be construed to constitute, a pension or retirement system or fund, and that it shall function as a means whereby payments, not constituting a pension or retirement allowance, shall be made in accordance with the provisions of this subchapter, to eligible pension fund beneficiaries as a supplement to benefits received by them under subchapter one or subchapter two of this chapter. The legislature hereby reserves to the state of New York and itself the right and power to amend, modify or repeal any or all of the provisions of this subchapter. Trustees of the Fund: as written in the Code, with numeration as presented in the Code:

NYC Code § 13-384. Board of Trustees

1. The variable supplements fund shall be administered by a board of trustees which shall, subject to applicable provisions of law and to the prior approval of the board of estimate, from time to time establish rules and regulations for the administration and transaction of the business of such fund and for the control and disposition thereof.
2. Such board shall consist of:
   • The representative of the mayor who is a member of the board of trustees of pension fund subchapter two, who shall be entitled to cast one vote. The mayor may, by instrument in writing filed in his or her office and with the board, designate one or more members of his or her office to act in the place of such representative at meetings of the board, in the event of such representative’s absence therefrom.
   • The comptroller of the city, who shall be entitled to cast one vote. Any deputy comptroller authorized, pursuant to subdivision b of section ninety-four of the New York city charter, to act in the place of the comptroller as a member of the board of trustees of pension fund, subchapter two, may be authorized by the comptroller, in accordance with the provisions of such subdivision b, to act in the place of the comptroller as a member of the board.
   • 2-a. The commissioner of finance, who shall be entitled to cast one vote. Such commissioner may, by instrument in writing filed in his or her office and with the board, designate one or more members of his or her office to act in his or her place at meetings of the board, in the event of such commissioner’s absence therefrom.
   • Two members of the association designated by it, who shall each be entitled to cast one vote. The members so designated shall be officers of the association who are members of the board of trustees of pension fund subchapter two. Each such designee may at any time, by written authorization filed with the board, authorize any other officer of the association to act in his or her place as a member of the board in the event of such designee’s absence from any meeting thereof; provided that the by- laws or constitution of the association provide for the designation of a representative for such purpose.
3. Every act of the board shall be by resolution which shall be adopted only by a vote of at least three-fifths of the whole number of votes authorized to be cast by all of the members of such board.

Payment Schedule & Amounts

As written in the Code, with numeration as presented in the Code:

NYC Code § 13-385. Payment of Supplemental Benefits

a.

1. The variable supplements fund shall pay variable supplements to pension fund beneficiaries in accordance with the provisions of the succeeding paragraphs of this subdivision a.
2. Subject to the provisions of paragraphs three, four, six and seven of this subdivision a, and the provisions of subparagraphs (i) and (ii) of paragraph one of subdivision b of this section, for the period from January first, nineteen hundred eighty-eight to December thirty-first, nineteen hundred eighty-nine, variable supplements shall be payable monthly for each month of eligibility therefor under the provisions of this subchapter and the benefit plan and payment resolution as in effect immediately prior to July first, nineteen hundred eighty-eight:
   1. to persons who, having retired on or before June thirtieth, nineteen hundred eighty-eight, were or are pension fund beneficiaries eligible for monthly payments with respect to such period from January first, nineteen hundred eighty-eight to December thirty-first, nineteen hundred eighty- nine, or a part thereof, under such applicable prior law, benefit plan and resolution; and
   2. to persons who, as of June thirtieth, nineteen hundred eighty-eight, were in service as members of the fire department pension fund subchapter two and who retired during the period from July first, nineteen hundred eighty-eight to November thirtieth, nineteen hundred eighty-nine so as to become pension fund beneficiaries who would be entitled, if such prior law, plan and resolution were in effect for such period, to receive monthly payments thereunder for such period from such July first or a part thereof.
3. The number of full calendar months in the calendar year nineteen hundred eighty-eight for which each such pension fund beneficiary referred to in paragraph two of this subdivision a is entitled to receive monthly payments under such applicable prior law, plan and resolution in accordance with the provisions of such paragraph two shall be multiplied by one-twelfth of the sum of twenty-five hundred dollars.
4. The total of the monthly amounts payable to each such pension fund beneficiary for full calendar months in such calendar year under the provisions of such paragraph two shall be subtracted from the applicable product computed pursuant to paragraph three of this subdivision a.
5. Subject to the provisions of subparagraphs (i) and (ii) of paragraph one of subdivision b of this section, as soon as practicable after the enactment of the chapter which added this paragraph five of this subdivision a, the variable supplements fund shall pay to each such eligible beneficiary referred to in paragraph two of this subdivision a, an amount equal to the remainder resulting from the subtraction prescribed by paragraph four of this subdivision, as applicable to such pension fund beneficiary.
6. The number of full calendar months in the calendar year nineteen hundred eighty-nine for which each such pension fund beneficiary referred to in paragraph two of this subdivision a is entitled to receive monthly payments under such applicable prior law, plan and resolution in accordance with the provisions of such paragraph two shall be multiplied by one-twelfth of the sum of three thousand dollars.
7. The total of the monthly amounts payable to each such pension fund beneficiary for full calendar months in such calendar year under the provisions of such paragraph two shall be subtracted from the applicable product computed pursuant to paragraph six of this subdivision a.
8. Subject to the provisions of subparagraphs (i) and (ii) of paragraph one of subdivision b of this section, on or about December fifteenth, nineteen hundred eighty-nine, the variable supplements fund shall pay to each such eligible beneficiary referred to in paragraph two of this subdivision a, an amount equal to the remainder resulting from the subtraction prescribed by paragraph seven of this subdivision, as applicable to such pension fund beneficiary.
9. Nothing contained in the preceding paragraphs of this subdivision a shall be construed as entitling any pension fund beneficiary therein described to any payment for any month in which the retirement or death of such pension fund beneficiary occurred or occurs.
10. For calendar years succeeding December thirty-first, nineteen hundred eighty-nine, the variable supplements fund, subject to the provisions of subparagraphs (i) and (ii) of paragraph one of subdivision b of this section, and subject to the provisions of paragraph thirteen of this subdivision a, shall pay to each pension fund beneficiary who retired prior to July first, nineteen hundred eighty-eight, variable supplements payments as follows:
    1. for each calendar year following calendar year nineteen hundred eighty- nine, but not including the calendar year of the beneficiary’s death, a single annual payment to be paid on or about December fifteenth of such year, as follows:
       
    2. for the calendar year of the beneficiary’s death (for those pension fund beneficiaries who die on or after February first, nineteen hundred ninety), an amount calculated by multiplying one- twelfth times the supplement applicable to the year of death, as provided in the chart set forth in subparagraph (i) of this paragraph ten, by the number of full calendar months the beneficiary lived during that calendar year prior to the month of his or her death.
11. For calendar years succeeding December thirty-first, nineteen hundred eighty-nine, the variable supplements fund, subject to the provisions of subparagraphs (i) and (ii) of paragraph one of subdivision b of this section, and subject to the provisions of paragraph thirteen of this subdivision a, shall pay to each person who, as of June thirtieth, nineteen hundred eighty- eight, was in service as a member of pension fund subchapter two and who retired for service thereafter so as to become a pension fund beneficiary, variable supplements payments as follows:
    • (i)
      • (i-a) subject to the provisions of subparagraph (iv) of this paragraph, for the calendar year of retirement, where such retirement occurs before January first, two thousand eight, an amount calculated by multiplying one-twelfth times the sum of twenty-five hundred dollars by the number of calendar months elapsing from and including the month next following the month of retirement to the end of such calendar year of retirement, such payment to be made on or about December fifteenth of such year;
      • (i-b) subject to the provisions of subparagraph (iv) of this paragraph, for the calendar year of retirement, where such retirement occurs on or after January first, two thousand eight, an amount calculated by multiplying one-twelfth times the sum of twelve thousand dollars by the number of calendar months elapsing from and including the month next following the month of retirement to the end of such calendar year of retirement, such payment to be made on or about December fifteenth of such year;
    • (ii) subject to the provisions of subparagraph (ii-a) of this paragraph, for each calendar year following the year of retirement, but not including the calendar year of the beneficiary’s death, a single annual payment to be paid on or about December fifteenth of such year, as follows:
      • (ii-a) for each calendar year which occurs both after the year of retirement and after December thirty-first, two thousand seven (but not including the calendar year of the beneficiary’s death), notwithstanding any provision of subparagraph (ii) of this paragraph which otherwise would be applicable, a single annual payment of twelve thousand dollars, which payment (A) shall be in lieu of any other amount which otherwise would be payable under subparagraph (ii) of this paragraph for such calendar year and (B) shall be made on or about December fifteenth of such year;
    • (iii)
      • (iii-a) for the calendar year of the beneficiary’s death, where such death occurs both after the year of retirement and prior to January first, two thousand eight, an amount calculated in accordance with the formula which would apply to the year of death under subparagraph (ii) of this paragraph twelve if such death had not occurred, but prorated on the basis of the number of full calendar months the beneficiary lived during the year of death prior to the month of his or her death;
      • (iii-b) for the calendar year of the beneficiary’s death, where such death occurs both after the year of retirement and in the calendar year two thousand eight or thereafter, an amount calculated by multiplying one-twelfth of twelve thousand dollars by the number of months the beneficiary lived during the year of death prior to the month of his or her death;
    • (iv) if the retirement and death of a beneficiary occur in the same calendar year, aggregate payments under subparagraphs (i) and (iii) of this paragraph shall be made only in respect to calendar months following the month of retirement and preceding the month of death.
    • (i) subject to the provisions of subparagraphs (ii), (iii), (iv) and (v) of this paragraph thirteen, and the provisions of subparagraphs (i) and (ii) of paragraph one of subdivision b of this section, period from January first, nineteen hundred ninety-three to December thirty-first, nineteen hundred ninety-three, variable supplements shall be payable monthly (from the wiper variable supplements assets account) for each month of eligibility therefor under the provisions of section 13-391.1 of this subchapter and the wipers (uniformed) benefit plan and payment resolution as in effect immediately prior to January first, nineteen hundred ninety- three:
      • (A) to persons who, having retired on or before January first, nineteen hundred ninety- three, were or are pension fund beneficiaries who both (1) qualify as such beneficiaries pursuant to paragraph (b) of subdivision five of section 13-382 of this subchapter and (2) are eligible for monthly payments with respect to such period from January first, nineteen hundred ninety-three to December thirty-first, nineteen hundred ninety-three, or a part thereof, under such applicable prior law, benefit plan and resolution; and
      • (B) to persons who, as of December thirty-first, nineteen hundred ninety-two, were in service as members of the fire department pension fund subchapter two and who retired during the period from January first, nineteen hundred ninety- three to November thirtieth, nineteen hundred ninety-three, so as to become pension fund beneficiaries who both (1) qualify as such beneficiaries pursuant to paragraph (b) of such subdivision five and (2) would be entitled, if such prior law, plan and resolution were in effect for such period, to receive monthly payments thereunder for such period from such January first or a part thereof

• • (ii) The number of full calendar months in the calendar year nineteen hundred ninety-three for which each such pension fund beneficiary referred to in subparagraph (i) of this paragraph thirteen is entitled to receive monthly payments under such applicable prior law, plan and resolution in accordance with the provisions of such subparagraph (i) shall be multiplied by one-twelfth of the sum of five thousand dollars.
  • (iii) The total of the monthly amounts payable to each such pension fund beneficiary for full calendar months in such calendar year under the provisions of such subparagraph (i) shall be subtracted from the applicable product computed pursuant to subparagraph (ii) of this paragraph
  • (iv) Subject to the provisions of subparagraphs (i) and (ii) of paragraph one of subdivision b of this section, on or about December fifteenth, nineteen hundred ninety-three, the variable supplements fund shall pay to each such eligible beneficiary referred to in subparagraph (i) of this paragraph thirteen, an amount equal to the remainder resulting from the subtraction prescribed by subparagraph (iii) of this paragraph, as applicable to such pension fund
  • (v) Nothing contained in the preceding subparagraphs of this paragraph thirteen shall be construed as entitling any pension fund beneficiary eligible to receive any payment there under to any payment for any month in which the retirement or death of such pension fund beneficiary occurred or occurs.
  • (vi) For calendar years succeeding December thirty-first, nineteen hundred ninety-three, the variable supplements fund, subject to the provisions of subparagraphs (i) and (ii) of paragraph one of subdivision b of this section, shall pay to each pension fund beneficiary who both (A) retired prior to January first, nineteen hundred ninety-four and (B) qualifies as such a beneficiary pursuant to paragraph (b) of subdivision five of section 13-382 of this subchapter, variable supplements payments in accordance with the terms and conditions set forth in subparagraphs (i) and (ii) of paragraph ten of this subdivision a, as applicable to such calendar
  • (vii) For calendar years succeeding December thirty-first, nineteen hundred ninety-three, the variable supplements fund, subject to the provisions of subparagraphs (i) and (ii) of paragraph one of subdivision b of this section, shall pay to each person who, as of June thirtieth, nineteen hundred eighty- eight, was in service as a member of pension fund subchapter two and who retired for service, on or after January first, nineteen hundred ninety-four so as to become a pension fund beneficiary who qualified as such a beneficiary pursuant to paragraph (b) of subdivision five of section 13-382 of this subchapter, variable supplements payments in accordance with the terms and conditions set forth in subparagraphs (i), (ii), (iii) and (iv) of paragraph eleven of this subdivision a, as applicable to such calendar years.
  • (viii) Nothing contained in the preceding subparagraphs of this paragraph shall be construed as providing for payment of variable supplements for any period prior to January first, nineteen hundred ninety- three. Nothing contained in the preceding paragraphs of this subdivision a or in subdivision five of section 13-382 of this subchapter shall be construed as entitling any person who retired or retires as a wiper (uniformed) to payment of variable supplements under this subdivision a for any period prior to January first, nineteen hundred ninety-three.
  • (ix)The variable supplements fund, subject to the provisions of subparagraphs (i) and (iii) of paragraph one of subdivision b of this section, shall pay to each person who becomes a member of pension fund, subchapter two on or after July first, nineteen hundred eighty-eight, and who retires for service so as to become a pension fund beneficiary who qualified as such a beneficiary pursuant to paragraph (b) of subdivision five of section 13-382 of this subchapter, variable supplements payments in accordance with the terms and conditions set forth in subparagraphs (i), (ii), (iii) and (iv) of paragraph twelve of this subdivision.

b.

1. 1. service, on or after January first, nineteen hundred ninety-four so as to become a pension fund beneficiary who qualified as such a beneficiary pursuant to paragraph (b) of subdivision five of section 13-382 of this subchapter, variable supplements payments in accordance with the terms and conditions set forth in subparagraphs (i), (ii), (iii) and (iv) of paragraph eleven of this subdivision a, as applicable to such calendar years.
      • The variable supplements fund, subject to the provisions of subparagraphs (i) and (iii) of paragraph one of subdivision b of this section, shall pay to each person who becomes a member of pension fund, subchapter two on or after July first, nineteen hundred eighty-eight, and who retires for service so as to become a pension fund beneficiary who qualified as such a beneficiary pursuant to paragraph (b) of subdivision five of section 13-382 of this subchapter, variable supplements payments in accordance with the terms and conditions set forth in subparagraphs (i), (ii), (iii) and (iv) of paragraph twelve of this subdivision.
      • Nothing contained in the preceding subparagraphs of this paragraph shall be construed as providing for payment of variable supplements for any period prior to January first, nineteen hundred ninety- three. Nothing contained in the preceding paragraphs of this subdivision a or in subdivision five of section 13-382 of this subchapter shall be construed as entitling any person who retired or retires as a wiper (uniformed) to payment of variable supplements under this subdivision a for any period prior to January first, nineteen hundred ninety-three.
      • (i) Subject to the provisions of subparagraphs (ii), (iii) and (iv) of this paragraph one, on or after July first, nineteen hundred eighty-eight, where a pension fund beneficiary is entitled to receive variable supplements payments pursuant to subdivision a of this section, and that beneficiary is also entitled to receive a supplemental retirement allowance or cost-of-living adjustment pursuant to any other provision of law enacted on or after July first, nineteen hundred eighty- eight (hereinafter referred to as “other supplemental retirement allowance”), the amount of such variable supplement payable for a calendar year or a part of such calendar year to such beneficiary shall be reduced by the amount of such other supplemental retirement allowance that is payable to such beneficiary to the extent that such other supplemental retirement allowance is attributable to the same calendar year or part of such calendar year.
      • For any pension fund beneficiary referred to in paragraph two or paragraph ten or paragraph eleven of subdivision a of this section, or in any of subparagraphs (i), (vi) and (vii) of paragraph thirteen of such subdivision a, whose variable supplements payments are being reduced pursuant to subparagraph (i) of this paragraph one because such other supplemental retirement allowance is also payable to that beneficiary, the reduction provided for in such subparagraph (i) shall cease as to such beneficiary on the later of (A) the first day of the month next following the month in which such beneficiary attains age sixty-two; or (B) January first, two thousand seven.
      • For any pension fund beneficiary referred to in paragraph twelve of subdivision a of this section, or in subparagraph (viii) of paragraph thirteen of such subdivision, whose variable supplements payments are being reduced pursuant to subparagraph (i) of this paragraph one because such other supplemental retirement allowance is also payable to that beneficiary, the reduction provided for in such subparagraph (i) shall cease as to such beneficiary on the later of (A) the first day of the month following the month in which such beneficiary attains age sixty-two; or (B) the earlier of (1) the first day of the month next following the month in which the nineteenth anniversary of the retirement of such beneficiary occurs or (2) January first, two thousand eight.
      • In any case where the reduction of variable supplements payments to a pension fund beneficiary has ceased pursuant to subparagraph (ii) or subparagraph (iii) of this paragraph one, that beneficiary, for the purpose of determining his or her eligibility for and the amount of any other supplemental retirement allowance, shall be deemed to have retired on the date of the cessation of such reduction specified in the applicable provisions of such subparagraph (ii) or subparagraph (iii).
   2. The payment of all variable supplements payable pursuant to subdivision a of this section are hereby made obligations of the city, and the city hereby guarantees that such supplements shall be paid to all eligible pension fund beneficiaries.
2. The legislature hereby declares that the variable supplements authorized by this subchapter and the granting and receipt thereof:
   • shall not create or constitute membership in a pension or retirement system and shall not create or constitute a contract with any pension fund beneficiary or with any member of pension fund subchapter one or pension fund subchapter two; and
   • shall not constitute a pension or retirement allowance or benefit under pension fund subchapter one or pension fund subchapter two or otherwise.
3. Except as otherwise provided in sections 13-335 and 13-335.1 of this chapter and section 13-391.1 of this subchapter, nothing contained in this subchapter shall create or impose any obligation on the part of pension fund subchapter one or pension fund subchapter two or the funds or monies thereof, or authorize such funds or monies to be appropriated or used for any payment under this article or for any purpose thereof.

C.

Pension fund beneficiaries shall be eligible to receive variable supplements pursuant to this subchapter, notwithstanding any other provision of law to the contrary.

D.

The monies or assets of the variable supplements fund shall not be used for any purpose, other than payment of variable supplements pursuant to the provisions of this subchapter, except that they may be invested as authorized by section 13-387 of this chapter.

E.

Notwithstanding any inconsistent provision of this subchapter or any benefit plan or payment resolution that was in effect prior to July first, nineteen hundred eighty-eight, any original plan discontinued member (as defined in subdivision sixteen of section 13-313 of this chapter) or improved benefits plan discontinued member (as defined in subdivision sixteen-d of such section) who discontinued service as a firefighter on or after July first, nineteen hundred sixty-nine, but prior to July nineteenth, nineteen hundred eighty-nine shall be deemed to be a pension fund beneficiary for purposes of eligibility to receive supplemental benefits under this section for any period of time for which such discontinued member receives payments of a deferred retirement allowance pursuant to section 13-360 or 13-361 of this chapter, and the date of retirement of such discontinued member, for purposes of applying the requirements of this section which determine the eligibility of a pension fund beneficiary to receive supplemental benefits under this section, shall be deemed to be the first day of the period for which such discontinued member first began receiving payments of a deferred retirement allowance pursuant to section 13-360 or 13-361 of this chapter.

F.

For the purposes of paragraphs eleven and twelve of subdivision a of this section, the date of entry into the police pension fund, subchapter two shall be substituted for the date of entry into the fire department pension fund, subchapter two in the event that a pension fund beneficiary has transferred service credit from such police pension fund pursuant to the provisions of section 15-111 of this code.

G.

In addition to the payments set forth in paragraphs eleven and twelve of subdivision a of this section, there shall be paid to each pension fund beneficiary, on or about the December fifteenth next succeeding his or her date of retirement, an amount equal to the variable supplements payments, subject to the provisions of subparagraphs (i) and (ii) of paragraph one of subdivision b of this section, that he or she would have received, had he or she retired on the date of his or her earliest eligibility for service retirement, in the period measured from (1) the later of (i) such earliest eligibility date and (ii) January 1, 2002, and (2) his or her date of retirement.

Incorporation of the Fund

As written in the Code, with numeration as presented in the Code:

NYC Code § 13-386. Variable Supplements Fund; a Corporation

The variable supplements fund shall have the powers and privileges of a corporation and by its name all of its business shall be transacted, all of its funds invested, all warrants for money drawn and payments made, and all of its cash and securities and other property held.

Investing of Fund Revenues

As written in the Code, with numeration as presented in the Code:

NYC Code § 13-387. Trustees of Funds; Investments

1. The members of the board shall be the trustees of the monies received by or belonging to the variable supplements fund pursuant to this subchapter and, subject to the provisions of subdivision b of this section, shall have full power to invest same, subject to the terms, conditions, limitations and restrictions imposed by law upon savings banks in the making and disposing of investments by savings banks; and subject to like terms, conditions, limitations and restrictions, such trustees shall have full power to hold, purchase, sell, assign, transfer or dispose of any of the securities or investments in which any of such monies shall have been invested as well as of the proceeds of such investments and of any monies belonging to such fund.
2. The members of the board shall have the same investment powers and power to delegate such powers as are vested by the code and the retirement and social security law in the members of the board of trustees of the pension fund subchapter two.

Financial Reports

As written in the Code, with numeration as presented in the Code:

NYC Code § 13-388. Annual Reports

The board shall publish annually in the City Record a report for the preceding year showing the assets of the variable supplements fund and a statement as to the accumulated cash and securities of such fund as certified by the comptroller, and shall set forth in such report such other facts, recommendations and data as the board may deem pertinent.

Custodian of Funds

As written in the Code, with numeration as presented in the Code:

NYC Code § 13-389. Custodian of Funds

The comptroller shall be custodian of the monies and assets of the variable supplements fund. All such monies and assets included in such fund or which shall hereafter accrue to such fund shall be in his or her custody for the purposes of this subchapter subject to the direction, control and approval of such board as to disposition, investment, management and report. All payments from such fund shall be made by the comptroller upon a voucher signed by the secretary of the board.

Prohibitions by Fund Trustees & Employees

As written in the Code, with numeration as presented in the Code:

NYC Code § 13-390. Prohibitions with Respect to Trustees and Employees

Except as provided in this subchapter, the trustees and employees assigned to the board are prohibited from having any interest, directly or indirectly, in the gains or profits of any investment of the variable supplements fund or as such, directly or indirectly, from receiving any pay or emolument for their services. The trustees and such employees, directly or indirectly, for themselves or as agents or partners of others, shall not borrow any of its funds or deposits or in any manner use the same except to make such current and necessary payments as are authorized by such board.

State Supervision

As written in the Code, with numeration as presented in the Code:

NYC Code § 13-391. State Supervision

The superintendent of insurance may examine the affairs of the variable supplements fund with the same powers and jurisdiction as are applicable in the case of an examination of a life insurance company by the superintendent under article three of the insurance law. The variable supplements fund shall be subject to assessment for expenses pursuant to the provisions of section three hundred thirteen of the insurance law, but shall not be subject to assessment under any of the provisions of section three hundred thirty-two of such law.

Variable Supplements for Wipers

As written in the Code, with numeration as presented in the Code:

NYC Code § 13-391.1 Variable Supplements for Wipers

For periods included in the period beginning on July first, nineteen hundred eighty-eight and ending on December thirty-first, nineteen hundred ninety-two.

A.

As used in this section, the following terms shall mean and include:

1. “Wiper (uniformed).” A member of pension fund subchapter one or pension fund subchapter two holding the position of wiper (uniformed).
2. “Minimum period.” The minimum period of credited service which a member of the fire department pension fund subchapter one or the fire department pension fund subchapter two is required by law to perform in order to be eligible to retire for service with immediate playability of retirement allowance.
3. “Wiper pension fund beneficiary.” Any person who receives a retirement allowance by reason of having retired, on or after October first, nineteen hundred sixty-eight, for service (with credit for twenty or more years of service creditable toward the minimum period) as a member of pension fund subchapter one or pension fund subchapter two and as a wiper (uniformed).
4. “Board of Trustees.” The board of trustees of the firefighters’ variable supplements fund established by section 13-384 of the code, as such section would be in the absence of the enactment of the act which added this section 13-391.1. Subdivisions c and d of such section, as it would be in the absence of such enactment, shall govern the functioning of such board for the purposes of this section.
5. “Wiper variable supplements assets account.”

• (a) Subject to the provisions of subdivision f of this section, a separate account of assets which (i) shall be available as a source of payment of variable supplements to wiper pension fund beneficiaries pursuant to the provisions of this section and subparagraph (i) of paragraph thirteen of subdivision a of section 13-385 of this subchapter, and (ii) shall consist of the assets hereinafter designated in this paragraph as included in such account and (iii) shall be separately maintained by the firefighters’ variable supplements fund (within the assets of such fund), in the custody of the comptroller, for the benefit of wiper pension fund beneficiaries.
• (b) As of July first, nineteen hundred eighty-eight, there shall be determined by the board of trustees, on the recommendation of the actuary, the portion of the assets of the firefighters variable supplements fund which is attributable to persons who are wipers (uniformed) as of such July first and persons who are wiper pension fund beneficiaries as of such July first.
• (c) If the board of trustees is unable to make such determination by the required majority vote, such dispute shall be resolved, on the basis of the recommendation of the actuary, pursuant to the procedure set forth in subdivision d of section 13-384 of this subchapter, as such subdivision would be in the absence of the enactment of the act which added this section 13- 391.1.
• (d) Upon the making of the determination provided for in subparagraphs (b) and (c) of this paragraph five, the assets attributable to such wipers and wiper pension fund beneficiaries, as so determined, shall be credited by the firefighters’ variable supplements fund to the wiper variable supplements assets account.
• (e)
  • (i) For each base fiscal year included in the period beginning on July first, nineteen hundred eighty- eight and ending on June thirtieth, nineteen hundred ninety-two as to which the cumulative earnings factor, as calculated pursuant to section 13-335.2 of this chapter is a positive quantity, the amount of such factor shall be multiplied by a fraction, the numerator of which shall be the total contributions made to pension fund subchapter two with respect to such base fiscal year on behalf of all members of the uniformed force of the fire department who are wipers (uniformed), as of the last day of such base fiscal year, and the denominator of which shall be the total contributions made to such pension fund with respect to such base fiscal year on behalf of all persons who are members of the uniformed force of the fire department as of the last day of such base fiscal year.
  • (ii) On or before August thirty-first of the current fiscal year with respect to such base fiscal year, pension fund subchapter two shall pay an amount equal to the product of such multiplication into the wipers variable supplements assets account.

B.

Subject to the provisions of subdivision f of this section, with respect to any period included in the period beginning on July first, nineteen hundred eighty-eight and ending on December thirty-first, nineteen hundred ninety-two, the entitlement of all wiper pension fund beneficiaries to variable supplements shall be determined pursuant to the provisions of this subchapter five (other than this section), as such provisions would be in the absence of the enactment of chapter five hundred eighty-three of the laws of nineteen hundred eighty-nine and as such provisions are modified by this section.

C.

For the purpose of determining such entitlement, the provisions of such subchapter (other than this section) shall be interpreted and applied in the manner provided for in the succeeding subdivisions of this section. For such purpose, a wiper pension fund beneficiary shall be entitled to receive variable supplements only to the extent provided for in this section.

D.

For each month during the period from July first, nineteen hundred eighty- eight to December thirty-first, nineteen hundred eighty-nine, the firefighters’ variable supplements fund shall pay to each wiper pension fund beneficiary the monthly variable supplement for which such beneficiary would be eligible under the provisions of this subchapter and the benefit plan and payment resolution as in effect immediately prior to July first, nineteen hundred eighty-eight.

E.

Subject to the provisions of subdivision f of this section, for any period included in the period beginning on January first, nineteen hundred ninety and ending on December thirty-first, nineteen hundred ninety-two, the granting of variable supplements to wiper pension fund beneficiaries shall be governed by the provisions of sections 13-385 and 13-391 of this subchapter, as such provisions would be in the absence of the enactment of chapter five hundred eighty-three of the laws of nineteen hundred eighty-nine. For such purpose, the assets providing a basis for a grant of variable supplements to wiper pension fund beneficiaries shall be only the assets in the wipers variable supplements assets account. For any period included in the period beginning on January first, nineteen hundred ninety and ending on December thirty-first, nineteen hundred ninety-two, variable supplements may not be paid to a wiper pension fund beneficiary from any assets other than assets of the wiper variable supplements asset account.

F.

On January first, nineteen hundred ninety-four, the wiper variable supplements asset account shall terminate and cease to exist and all assets in such account on such date, and all rights to any moneys due and owing to such account on such date, shall be transferred to and become the property of the variable supplements fund.

G.

Nothing contained in the preceding subdivisions of this section shall be construed as preventing the application of the provisions of this section for the purposes of, and in the manner and to the extent prescribed by subparagraphs (i), (ii), (iii), (iv) and (v) of paragraph thirteen of subdivision a of section 13- 385 of this subchapter.

Glossary of Legislative Terms

• 10-Day Bill Period — applies to the time period (not including Sundays) that the Governor has to sign or veto bills passed by both houses and transmitted to the Governor during the Legislative Session. If the Governor does not act on the bill within the 10 days, the bill automatically becomes law.
• 30-Day Bill Period — when a bill is delivered to the Governor after the Legislature has formally adjourned, the Governor has 30 days (including Sundays) to sign this bill or it will be automatically vetoed upon expiration of the time period. No veto message from the governor is necessary.
• Actions — any official action the legislature, or the Governor’s office takes on a bill as it moves through the legislative process.
• Adopted — date on which a resolution is approved by the Assembly or Senate.
• Aged — a bill must be printed and on file for three days before it is aged. If a bill goes to calendar before it is sufficiently aged, then the bill receives an “H” on the printed calendar. In order for a High Print bill to be passed a “Message of Necessity” is required from the governor.
• Agenda — a list of the bills that a particular committee will discuss, consider, and vote to report to calendar (put to the entire house for a vote). Each individual committee has its own agenda.
• Amended — date on which a change was made to the text of a bill.
• Amended(t) — date on which a change was made to the text of a bill, including the short title. An act — a paragraph contained within the bill text describing the bill’s intent.
• Appropriation — a statutory authorization against which expenditures may be made during a specific State fiscal year.
• Approval Message — a memo from the Governor’s office explaining why he/she signed a bill. The Governor is not required to release an approval message for each bill he/she signs.
• Assembly — lower house of the NYS Legislature consisting currently of 150 members. Bill — a proposed law (or proposed change to an existing law) introduced by a Legislator.
• Bill Number — a number assigned to a bill when it is introduced in the Legislature. Each bill number begins with the letter A (Assembly) or the letter S (Senate) followed by one to five digits. Letters assigned to the end of a bill number indicate an amendment. A bill number is valid only for t he entire two-year session period.
• Bill Status — a listing of each of the actions taken on bills and resolutions.
• Bill Summary — an overview of a bill that lists specific sections of NYS law to be amended by that bill.
• Bill Text — actual language of a bill.
• Bill Title — starting with the terms “An act,” it is a brief description about the topic of a bill.
• Budget Bills — the Executive Budget Bills and subsequent Legislative Amendments determine the funding for the New York State operation, local assistance, Legislature and Judiciary and State Capitol projects. LRS organizes the Budget in special databases, “BUD”, containing only Budget Bills. Main Budget Bills do not appear as bills in the “BT” (Bill Text) databases. “Language” or “Article 7” bills are treated as regular legislation and are located in the “BT” databases.
• Calendar — a list of those bills that have been reported out of their respective committees to each house floor and are available for consideration by the full house. Each house has its own calendar (Assembly Calendar, Senate Calendar). There are three separate Calendar reports for advancing purposes, including: First Report, Second Report, and Advanced to Third Reading.
• Chapter — a bill that has passed both houses and has been signed by the Governor. Chapters are assigned numbers and eventually become part of the law according to their effective date.
• Committee — represents a collection of Legislators assigned the task of evaluating all bills that relate to a particular topic (Banking, Agriculture, Insurance, etc.).
• Committee Vote — each committee must decide if a bill is ready to move onto the floor of its house (calendar) by voting on it. Committee votes are not available on LRS.
• Companion Bill — see Same-as.
• Consolidated Law — refers to any of the statutes of general application which have been grouped together into a single codification included in, or subsequently added to the 1909 general statutory revision.
• Co-Sponsor — multiple Legislators who share credit for introducing a bill.
• Daily Sheets — listings of all actions taken by each house on one day. Daily sheets are organized by date, house and action. Each day’s reports are prepared at the close of business on each day the legislature is in session. (Also known as Digest Reports)
• Died — a bill that fails to become law in a particular legislative session. A bill’s progress can stop at any point in the legislative process, from introduction to the Governor’s desk. The majority of all bills introduced will fail to make it to a floor calendar, and these bills are considered to have “died in committee.”
• Delivered to — date on which a bill is officially presented to the Assembly, the Senate, the Governor’s office, or the Secretary of State’s office.
• Effective Date — the specific date on which a chapter becomes operative.
• Enacting Clause — the Constitution (Art. Ill, s13) prescribes that “The enacting clause of all bills shall be “The People of the State of New York, represented in Senate and Assembly, do enact as follows, and no law shall be enacted except by bill.”
• Finance — Senate committee through which all bills or resolutions requiring an expenditure must pass.
• Floor Vote — a calendar bill which has been voted on in its respective house. (Assembly, Senate).
• Governor — head of the executive branch of government.
• High Print (h) — a bill on the calendar that has not sufficiently “aged” in the document room. High Print bills require a “Message of Necessity” from the Governor to advance to Third Reading Calendar.
• House — one of the two legislative bodies in the NYS Legislature (Assembly or Senate). Introduced — date on which a bill formally starts the legislative process.
• Journal Clerk — office within each house that records activities and actions on bills and resolutions.
• Law — the ever-changing rules of the people that are made up of all of the chapters from each legislative session.
• Legislative Bill Drafting Commission (LBDC) — bi-partisan commission, serving both houses of the Legislature (Assembly and Senate). The Commission drafts bills and resolutions and provides legal expertise and assistance to the Legislature.
• Legislative Digest — (formerly the Legislative Index) currently maintained by the Legislative Bill Drafting Commission, offering cumulative summaries and reports on proposed legislation and actions taken in the legislature.
• Legislative Process — a bill must pass both the Assembly and the Senate, and then be delivered to the Governor in order to become a law.
• Legislative Retrieval System (LRS) — furnishes complete text of proposed legislation, statutes, the State Budget, Rules and Regulations, Court of Appeals and State agency decisions and related databases, providing information on legislative proceedings, and providing timely dissemination of bill status information through on- line subscription services and help desk legislative support.
• Legislative Session — a one-year period during which a bill makes its way through the legislative process. Any bills that do not become law must start over at the beginning of the process the following year (session). In the second year of the two-year legislative term, bills do not get renumbered if carried over from the first year.
• Legislative Structure — Legislature has two houses: Assembly – 150 members; and Senate – 61 members
• Legislative Term — the two-year period during which a Legislator serves in the NYS Legislature.
• Legislature — branch of government that makes laws. In NYS, involves two main houses (Assembly and Senate).
• Line Item Veto — the Governor’s ability to revoke or repeal a specific part or “line” of a bill preventing that line from becoming a law. Can be overridden by a 2/3 majority vote in each house.
• Memo — see Sponsor’s Memorandum.
• Message of Necessity — written by the Governor to the Legislature allowing a bill to be called for an immediate vote in lieu of the three-day “aging” period.
• Multi-Sponsor — more than two legislators share credit for introducing a bill. NYCRR — see Rules and Regs.
• Off the Floor — a committee meeting that is called during session.
• Ordered to Third Reading — a bill reported out of its respective committee and by unanimous consent, the Rules were suspended and said bill was ordered directly to Third Reading Calendar.
• Passed — date on which a bill wins a majority vote in either the Assembly (passed-a) or the Senate (passed-s).
• Prefiling — period starting November 15, during which legislators may submit bills in advance for introduction on the first day of session.
• Prime-Sponsor — The legislator from whom the bill originated.
• Public Hearings — meetings held by Legislative Committees open to NYS citizens dealing with legislative issues.
• Recall — a motion made by or on behalf of the bill’s sponsor in which a bill (or resolution) may be recalled and returned to its house of origin for reconsideration and/or possible amendment, substitution, or recommit.
• Referred — the date on which a bill is given to a particular committee for consideration. Repeal — to revoke a specific section or part of law.
• Reported — the date on which a bill is placed on a floor calendar to be considered for a house vote, or the date on which a bill is sent to another committee for further consideration.
• Reprint Number — a Senate bill amended by the Assembly and returned for concurrence in the original house, or vice-versa. An Assembly bill that is amended by the Senate is assigned a 21,000 Reprint Number. A Senate bill amended by the Assembly is assigned a 30,000 Reprint Number.
• Resolution — an official document of the NYS Legislature usually recognizing the achievements, or accomplishments of individuals, communities, or organizations.
• Rules Committee — committee in each house led by its majority leader through which all bills must pass after a designated date.
• Rules and Regs (NYS Code, Rules and Regulations) — the rules and regulations of each of New York State’s many agencies. Often, these serve as guidelines for the agencies themselves, or as more specific “laws” for the people. (For example, section 10.0 of the Environmental Conservation Rules and Regulations states that the “open season” for trout fishing is from April 1st to October 15th).
• Same-as — a bill that has an exact version in the opposite Legislative house. Section — specific piece of text relating to NYS laws or Rules and Regs.
• Senate — upper house of the NYS Legislature consisting currently of 61 members. Signed — the date on which a bill is signed by the Governor, becoming a chapter.
• Sponsor — the legislator who formally introduces a bill.
• Sponsor’s Memorandum — the opinion from a bill’s sponsor as to what the bill will accomplish and why it should become a law. Usually written in more easily understandable language than bill text, but one must consider that this can be a one-sided view of a bill’s merit.
• Starred on Calendar — a bill appearing on the Calendar may be “starred” by or at the request of the introducer, whereupon all further action on such bill shall be suspended, although it retains its place on the Calendar. Other than for the purpose of amendment or recommitted, a star may not be removed from a bill until one day after the request therefor. In the Senate only, a bill on any order of third reading which has been laid aside by or at the request of the introducer on five separate days shall be automatically starred.
• Substituted — a bill that has replaced the other house’s same-as bill.
• Title (Rules and Regs) — a number from 1 to 22 representing an agency name. (For example: Title 3 = Banking)
• Uni-bill — a bill bearing both an Assembly number and a Senate number that members of both the Assembly and Senate have introduced in cooperation.
• Unconsolidated Law — the term refers to any statute other than one of the consolidated laws.
• Veto — the Governor’s ability to stop a bill from becoming a law. May be overridden by a 2/3 majority vote in each house. Vetoed bills will usually be reintroduced in a subsequent legislative two-year term.
• Veto Message — a memo from the Governor’s office explaining why he vetoed a bill. The Governor is required to submit a veto message for each bill vetoed.
• Voting — the Assembly and Senate pass a bill by voting on it.
• Voting Information — shows the number of legislators who voted in favor and against a bill in each house as well as each individual legislator’s vote.
• Ways and Means — Assembly committee through which all bills and resolutions requiring an expenditure must pass.

Your Delegate regularly inserts each legislative update published by the UFA Legislative Chairman. You will not find these inserts if this is a booklet format of this chapter. Ask your Delegate or visit the UFA website Legislative section.

Contacts Section

New York City Community Boards

Find info about CBs: http://www.nyc.gov/html/cau/html/cb/cb_main.shtml Find Your CB: http://www.nyc.gov/html/cau/html/cb/cb_find.shtml

New York City Council

250 Broadway, New York, NY 10007, www.council.nyc.ny.us
A comprehensive contact list may be found in supplement #1 of this chapter and/or a comprehensive contact info booklet may be found in the Delegate Manual binder cover pocket.

• City Council Hearing Locations: Most Council hearings are held in the Council Chambers or the adjoining Committee Room in City Hall. Hearings are also held in the Hearing Rooms on the 14th and 16th Floors of 250 Broadway. Meetings of the entire Council, referred to as Stated Meetings, are held twice a month at City Hall. For more information, visit www.council.nyc.ny.us.
• City Council Hearing Info: All hearings held by the Council or the Mayor, as well as all Stated Council Meetings, are open to the public. For more info visit www.council.nyc.ny.us or watch NYCTV on channel 74.

New York State Elected officials

A comprehensive contact list may be found in supplement #1 of this chapter and/or a comprehensive contact info booklet may be found in the Delegate Manual binder cover pocket.

NYS Senate:
Address: Albany, NY 12247 Tel: 518-455-2800 (General) Tel: 518-455-3216 (Public Information)
Bill Status Hotline: 518-455-7545 or 800-342-9860

NYS Assembly:
Address: Albany, NY 12248 Tel: 518-455-4100 (General) Tel: 518-455-4218 (Public Information)
Bill Status Hotline: 518-455-4218 or 800-342-9860

U.S. Congress

A comprehensive contact list may be found in supplement #1 of this chapter and/or a comprehensive contact info booklet may be found in the Delegate Manual binder cover pocket.

U.S. Senate:
Address: United States Senate, Washington, DC 20510

U.S. House of Representatives:
Address: United States House of Representatives, Washington, DC 20515 Tel. Main Switchboard: 202-224-3121

UFA – Uniformed Firefighters Association

204 East 23rd Street, New York, NY 10010

UFA Website: www.UFANYC.org
UFA General Number & Emergencies: 212-683-4832 (212-683-4UFA) General Fax: 212-683-0710
UFA Legislative Chairman/Vice President:
Tel: 212-683-4832
Fax: 212-683-0710