Bill S6240-2013

Provides for a disability benefit for employees of the New York city transit authority who are disabled by reason of an assault sustained in the course of employment

Provides for a disability benefit for employees of the New York city transit authority, and its subsidiary corporations, who are disabled by reason of an assault sustained in the course of employment.

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  • Jan 8, 2014: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S6240

TITLE OF BILL: An act to amend the public authorities law, in relation to providing a disability benefit for employees of the New York city transit authority and its subsidiary corporations who are disabled by reason of an assault sustained in the course of employment

PURPOSE OR GENERAL IDEA OF BILL:

This bill would amend the public authorities law in regard to adding a new section 1210-b to permit employees who sustain an injury that makes them eligible for workers compensation benefits as the result of an assault sustained in the course of employment to collect an additional benefit equal to one half of the weekly workers compensation payment. This payment would exclude scheduled awards that the employee receives for the same disability.

SUMMARY OF SPECIFIC PROVISIONS:

§ 1 of this bill amends the public authorities law by adding section 1210-b. This section goes on to define "authority" to mean the NYC transit authority and any of its subsidiary corporations, including the Manhattan and Bronx surface operation authority. This section defines "employee" to mean any officer or employee of the authority.

Subsection 2 states that any employees who sustain an injury that makes them eligible for workers compensation benefits as the result of an assault sustained in the course of employment shall be entitled, in addition to any worker's compensation payment and any other benefit received by the employee owing to such disability whether pursuant to law or contract, to a disability benefit payment equal to one half of the weekly workers' compensation payment, excluding scheduled awards that the employee receives for the same disability. Such disability payment shall be made by the authority bi-weekly and shall continue for so long as the employee receives a workers' compensation payment for the same disability. The benefits provided for in this section shall not be deemed to offset or reduce any other payment to which the employee is otherwise entitled.

JUSTIFICATION:

Employees that are involved in incidents of assault while on duty at the New York City Transit Authority should be compensated for the harm incurred in the service of their employer. Employees should not be economically punished for being assaulted while working at the New York City Transit Authority.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS FOR STATE & LOCAL.GOVERNMENTS:

de minimus.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6240 IN SENATE (PREFILED) January 8, 2014 ___________
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the public authorities law, in relation to providing a disability benefit for employees of the New York city transit authori- ty and its subsidiary corporations who are disabled by reason of an assault sustained in the course of employment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public authorities law is amended by adding a new section 1210-b to read as follows: S 1210-B. DISABILITY BENEFIT FOR EMPLOYEES. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "AUTHORITY" SHALL MEAN THE NEW YORK CITY TRANSIT AUTHORITY AND ANY OF ITS SUBSIDIARY CORPORATIONS, INCLUDING THE MANHATTAN AND BRONX SURFACE OPERATING AUTHORITY. B. "EMPLOYEE" SHALL MEAN ANY OFFICER OR EMPLOYEE OF THE AUTHORITY. 2. ANY EMPLOYEE OF THE AUTHORITY WHO, AFTER THE EFFECTIVE DATE OF THIS SECTION, SUSTAINS AN INJURY FOR WHICH HE OR SHE IS DETERMINED TO BE ELIGIBLE FOR WORKERS' COMPENSATION BENEFITS AS A RESULT OF AN ASSAULT SUSTAINED IN THE COURSE OF HIS OR HER EMPLOYMENT SHALL BE ENTITLED, IN ADDITION TO ANY WORKERS' COMPENSATION PAYMENT AND ANY OTHER BENEFIT RECEIVED BY THE EMPLOYEE OWING TO SUCH DISABILITY WHETHER PURSUANT TO LAW OR CONTRACT, TO A DISABILITY BENEFIT PAYMENT EQUAL TO ONE-HALF OF THE WEEKLY WORKERS' COMPENSATION PAYMENT, EXCLUDING SCHEDULE AWARDS THAT THE EMPLOYEE RECEIVES FOR THE SAME DISABILITY. SUCH DISABILITY PAYMENT SHALL BE MADE BY THE AUTHORITY BI-WEEKLY AND SHALL CONTINUE FOR SO LONG AS THE EMPLOYEE RECEIVES A WORKERS' COMPENSATION PAYMENT FOR THE SAME DISABILITY. THE BENEFITS PROVIDED FOR IN THIS SECTION SHALL NOT BE DEEMED TO OFFSET OR REDUCE ANY OTHER PAYMENT TO WHICH THE EMPLOYEE IS OTHERWISE ENTITLED. S 2. This act shall take effect immediately.

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