65-2 #43 July 08, 2003

Special Legislative Update

The NYS Legislature has concluded its 2003 regular session. Despite the fiscal constraints that we were facing both in the city and in Albany, the UFA was still able to make significant gains. In fact we are pleased to announce that both the Cancer Bill Expander and the WTC Presumptive Disease Bill have passed and will be sent to the Governor for his approval. These two bills will go a long way in protecting firefighters should any illness or disease develop in the future. We are also hopeful that the legislature will return in the Fall for a special session. We will push to make even more gains should they reconvene.

The Binding Arbitration Extender has been signed by the Governor and will be in effect for another two years. The UFA will continue to have the right to go to PERB in the event of an impasse. Despite the Governor’s concerns, the bill was signed as is. We worked hard to convince the Governor to leave the bill alone. The Governor wanted to make a municipalities ability to pay the most important factor in deciding an award. This would have made PERB useless. Hopefully, the UFA will be able to benefit from this should we arrive at an impasse with the city in the course of our future contract negotiations.

Tier II pension benefits and our Temporary Pension Benefits (Heart Bill, Cancer Bill, ITHP) have passed both houses and are awaiting the Governors approval. Check back at this web site to see the most up to date status of the Governors actions. The following is a list of UFA endorsed legislation from this session.


Cancer Bill Expander
Passed – Awaiting Approval from Governor
A8645
S4349
04/14/2003 REFERRED TO CIVIL SERVICE AND PENSIONS
04/29/2003 1ST REPORT CAL.554
04/30/2003 2ND REPORT CAL.
05/01/2003 ADVANCED TO THIRD READING
05/20/2003 PASSED SENATE
05/20/2003 DELIVERED TO ASSEMBLY
05/20/2003 referred to governmental employees
06/19/2003 substituted for a8645
06/19/2003 ordered to third reading rules cal.996
06/19/2003 passed assembly
06/19/2003 returned to senate
Amends provisions of original "cancer bill" to include cancers involving the neurological, breast and reproductive systems as being presumed to be incurred in the line of duty; extends presumption until June 30, 2005.

1127 Repeal
A2532
01/29/2003 referred to ways and means
S3349
03/25/2003 REFERRED TO CITIES
Repeals a New York city charter section that is inconsistent with the repeal of the city earnings tax on nonresidents and provides for reimbursement of the excess amounts collected under such charter section; provides that this bill not impair any contract or collective bargaining agreement executed prior to the date this act shall have become a law.

WTC Presumptive Disease Bill
Passed – Awaiting Approval from Governor
A8517
S4970a
05/05/2003 REFERRED TO CIVIL SERVICE AND PENSIONS
05/13/2003 1ST REPORT CAL.949
05/14/2003 2ND REPORT CAL.
05/15/2003 ADVANCED TO THIRD READING
05/28/2003 AMENDED ON THIRD READING 4970A
06/18/2003 PASSED SENATE
06/18/2003 DELIVERED TO ASSEMBLY
06/18/2003 referred to ways and means
06/20/2003 substituted for a8517a
06/20/2003 ordered to third reading rules cal.1045
06/20/2003 passed assembly
06/20/2003 returned to senate
Provides that any injury, illness or disease which was caused by exposure to any elements in connection with the World Trade Center Attacks of September 11, 2001, even after retirement, be presumptive evidence that, unless proven otherwise, such disability was covered by an accident in the performance and discharge of duty.

MTA Fare Waiver
S864
01/22/2003 REFERRED TO TRANSPORTATION
05/20/2003 REPORTED AND COMMITTED TO RULES
A5889
03/04/2003 referred to transportation
Provides fares free of charge to certain members of the fire department of the city of New York on passenger transportation facilities operated by certain public transportation authorities if they are performing their official duties or on their way to or from performing their official duties.

TBTA Toll Elimination
A5985a
03/04/2003 referred to corporations, authorities and commissions
03/31/2003 amend and recommit to corporations, authorities and commissions
03/31/2003 print number 5985a
06/10/2003 reported referred to ways and means
S4692a
04/14/2003 REFERRED TO TRANSPORTATION
05/01/2003 AMEND AND RECOMMIT TO TRANSPORTATION
05/01/2003 PRINT NUMBER 4692A
06/13/2003 AMEND AND RECOMMIT TO TRANSPORTATION
06/13/2003 PRINT NUMBER 4692B
Provides that no toll shall be charged to any police or firefighter employed by city of New York to use a project under jurisdiction of Triborough bridge authority.

May Borrow 90% of Pension Fund contributions
Home Rule Granted
A7163
03/24/2003 referred to governmental employees
06/13/2003 amend and recommit to governmental employees
06/13/2003 print number 7163a
S4186
04/10/2003 REFERRED TO CIVIL SERVICE AND PENSIONS
04/29/2003 1ST REPORT CAL.551
04/30/2003 2ND REPORT CAL.
05/01/2003 ADVANCED TO THIRD READING
06/16/2003 AMENDED ON THIRD READING 4186A
06/19/2003 COMMITTED TO RULES
Provides that certain members of the NYC Fire Department pension fund may borrow an amount up to ninety percent of their accumulated contributions.

Acting out of Title Accidental Death Benefit
Passed – Awaiting Approval from Governor
A6797
S3967
04/07/2003 REFERRED TO CIVIL SERVICE AND PENSIONS
04/29/2003 1ST REPORT CAL.548
04/30/2003 2ND REPORT CAL.
05/01/2003 ADVANCED TO THIRD READING
06/10/2003 HOME RULE REQUEST
06/10/2003 PASSED SENATE
06/10/2003 DELIVERED TO ASSEMBLY
06/10/2003 referred to ways and means
06/19/2003 substituted for a6797
06/19/2003 ordered to third reading rules cal.956
06/19/2003 home rule request
06/19/2003 passed assembly
06/19/2003 returned to senate
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.

Pension Based on Application Date or Retirement Date
A6798
03/04/2003 referred to governmental employees
Bases retirement allowance of certain members on the higher of the earnings in the year preceding retirement and the earnings in the year preceding application date.

Line-of-Duty Widows COLA
Passed – Awaiting Approval from Governor
A5435
S3903
04/07/2003 REFERRED TO CIVIL SERVICE AND PENSIONS
04/29/2003 1ST REPORT CAL.547
04/30/2003 2ND REPORT CAL.
05/01/2003 ADVANCED TO THIRD READING
05/13/2003 PASSED SENATE
05/13/2003 DELIVERED TO ASSEMBLY
05/13/2003 referred to ways and means
06/12/2003 substituted for a5435
06/12/2003 ordered to third reading rules cal.517
06/12/2003 passed assembly
06/12/2003 returned to senate
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 2002-2003.

Credit to siblings on Civil Service Exams
Passed – Awaiting Approval from Governor
S3975
A5790
03/03/2003 referred to governmental employees
03/18/2003 reported
03/20/2003 advanced to third reading cal.148
03/24/2003 passed assembly
03/24/2003 delivered to senate
03/24/2003 REFERRED TO CIVIL SERVICE AND PENSIONS
04/30/2003 SUBSTITUTED FOR S3975
04/30/2003 2ND REPORT CAL.549
05/01/2003 ADVANCED TO THIRD READING
06/19/2003 PASSED SENATE
06/19/2003 RETURNED TO ASSEMBLY
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.

211 Waiver
A08296 - A8668
05/29/2003 referred to governmental employees
06/10/2003 reported referred to ways and means
06/19/2003 reported referred to rules
S4641 - S4258
04/11/2003 REFERRED TO CIVIL SERVICE AND PENSIONS
04/29/2003 1ST REPORT CAL.553
04/30/2003 2ND REPORT CAL.
05/01/2003 ADVANCED TO THIRD READING
06/10/2003 HOME RULE REQUEST
06/10/2003 PASSED SENATE
06/10/2003 DELIVERED TO ASSEMBLY
06/10/2003 referred to ways and means
Allows any retired firefighter of the New York city fire department pension fund or any retired firefighter of the New York state and local police and fire retirement system, after January 1, 2003, to attain a position in teaching service, the department of state, office of fire prevention and control or licensed practical nurse or registered nurse and earn an unrestricted income provided such person waives any right to earn a pension credit during the term of his or her subsequent public service.

SUNY/CUNY Tuition waiver
S5288
05/28/2003 REFERRED TO RULES
A8666
05/29/2003 referred to higher education
Authorizes the boards of trustees for the state university of New York and the city university of New York to promulgate regulations regarding tuition waivers for up to two courses per semester/quarter for students in baccalaureate or higher degree programs at the state university of New York or city university of New York who are officers or members of the New York city police or fire department.

VSF-COLA Offset Elimination
A4430
02/19/2003 referred to governmental employees
S2660
03/04/2003 REFERRED TO CIVIL SERVICE AND PENSIONS
Authorize COLA payments to VSF recipients.

Safe Staffing Level
S5336
05/30/2003 REFERRED TO RULES
A8335
04/29/2003 referred to local governments
Relates to safe manning levels on certain fire apparatus in cities with a population of one million or more.

2003 Extenders

Binding Arbitration
Passed & Signed
S2316
A4971
02/24/2003 referred to governmental employees
03/04/2003 reported referred to ways and means
03/18/2003 reported
03/20/2003 advanced to third reading cal.141
03/24/2003 passed assembly
03/24/2003 delivered to senate
03/24/2003 REFERRED TO CIVIL SERVICE AND PENSIONS
03/26/2003 SUBSTITUTED FOR S2316
03/26/2003 2ND REPORT CAL.322
03/31/2003 ADVANCED TO THIRD READING
04/09/2003 PASSED SENATE
04/09/2003 RETURNED TO ASSEMBLY
05/08/2003 delivered to governor
05/20/2003 approval memo.2
05/20/2003 signed chap.57
Extends binding arbitration under PERB for an additional 2 years.

Tier II
Passed – Awaiting Approval from Governor
A07099
S2318
02/25/2003 REFERRED TO CIVIL SERVICE AND PENSIONS
03/25/2003 1ST REPORT CAL.323
03/26/2003 2ND REPORT CAL.
03/31/2003 ADVANCED TO THIRD READING
04/09/2003 PASSED SENATE
04/09/2003 DELIVERED TO ASSEMBLY
04/09/2003 referred to ways and means
05/27/2003 substituted for a7099
05/27/2003 ordered to third reading rules cal.157
05/27/2003 passed assembly
05/27/2003 returned to senate
06/24/2003 DELIVERED TO GOVERNOR
Extends Tier II pension status to all new firefighters for an additional 2 years.

Temporary Benefits Extender: Heart Bill, Cancer Bill, ITHP
Passed – Awaiting Approval from Governor
A7098
S2319
02/25/2003 REFERRED TO CIVIL SERVICE AND PENSIONS
03/25/2003 1ST REPORT CAL.324
03/26/2003 2ND REPORT CAL.
03/31/2003 ADVANCED TO THIRD READING
04/09/2003 PASSED SENATE
04/09/2003 DELIVERED TO ASSEMBLY
04/09/2003 referred to ways and means
05/27/2003 substituted for a7098a
05/27/2003 ordered to third reading rules cal.156
05/27/2003 passed assembly
05/27/2003 returned to senate
06/24/2003 DELIVERED TO GOVERNOR
Extends certain temporary benefits and supplementation programs until July 1, 2005.

Additional Paid Military Leave Time
S159
01/08/2003 REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
A5959
03/04/2003 referred to governmental employees
04/29/2003 reported referred to ways and means
05/27/2003 reported referred to rules
06/02/2003 rules report cal.264
06/02/2003 ordered to third reading rules cal.264
06/04/2003 passed assembly
06/04/2003 delivered to senate
06/04/2003 REFERRED TO RULES
Authorizes an additional sixty days or fifty-two working days military leave for public employees who are absent on military duty; such leave to be in addition to any leave authorized for such employees in state contract.

Military Time Credit in Peace Time
S5003
05/08/2003 REFERRED TO CIVIL SERVICE AND PENSIONS
A8375
05/02/2003 referred to governmental employees
Provides up to three years of service credit to members of public retirement systems of the state for military service rendered during times of peace; such members must have at least two years of credited service, not including military service.

Taylor Law Reform Legislation
Various pieces of Taylor Law reform are being introduced by the NYS AFL-CIO and will be made available to our members as it is introduced.

0S4198
04/11/2003 REFERRED TO CIVIL SERVICE AND PENSIONS

A 5917
03/04/2003 referred to governmental employees
06/03/2003 reported referred to codes
Provides employee organizations filing improper employer practice charge of failure to negotiate in good faith with a right to an expedited determination by PERB within ten days; further authorizes PERB to order an immediate salary increase of one percent in certain circumstances; makes related provisions.










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