NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9399
SPONSOR: Pheffer Amato TITLE OF BILL:
An act to amend the administrative code of the city of New York, in
relation to health insurance coverage for surviving spouses or domestic
partners of members of the New York city fire department employed as
fire protection inspectors
PURPOSE OR GENERAL IDEA OF BILL:
To clarify that the surviving families of FDNY fire protection inspec-
tors should be extended the same lifetime COBRA coverage provided to
other FDNY employees, regardless of whether or not the fire protection
inspector had retired on the date of their death.
SUMMARY OF PROVISIONS:
Section one of this bill amends subparagraph (ii) of paragraph 2 of
subdivision b of section 12-126 of the New York City Administrative Code
to provide that that the term "active or retired member of the fire
department" includes FDNY fire protection inspectors in addition to
other titles such as firefighter and emergency medical technician (EMT)
Section two sets the effective date.
JUSTIFICATION:
This bill extends the protections of Ch. 706 of 2023, which provided
lifetime COBRA coverage to the surviving spouses of active and retired
FDNY firefighters and emergency medical technicians, to fire protection
inspectors as well.
Chapter 706 of 2023 closed a gap related to Consolidated Omnibus Budget
Reconciliation Act (COBRA) coverage, which provides continuing health-
care benefits to the surviving families of employees after the employee
loses their job due to certain qualifying events. In New York City, the
spouses of corrections and sanitation employees were eligible for life-
time COBRA coverage, regardless of whether or not the employee had
retired at the time of their death. The spouses of FDNY employees,
however, were only eligible for lifetime COBRA if the employee had
retired on the date of their death. Otherwise, the spouse was eligible
for COBRA for 36 months.
This bill closes a further gap in coverage by clarifying that FDNY
employees in this section of New York City's Administrative Code
includes fire protection inspectors in addition to other uniformed
titles such as firefighter and EMT. It endeavors to treat all FDNY
uniformed members with the same level of dignity and respect by ensuring
that all surviving spouses are afforded equal levels of healthcare
coverage.
PRIOR LEGISLATIVE HISTORY:
None
EFFECTIVE DATE:
Immediate
STATE OF NEW YORK
________________________________________________________________________
9399
IN ASSEMBLY
March 6, 2024
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Governmental Employees
AN ACT to amend the administrative code of the city of New York, in
relation to health insurance coverage for surviving spouses or domes-
tic partners of members of the New York city fire department employed
as fire protection inspectors
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (ii) of paragraph 2 of subdivision b of
2 section 12-126 of the administrative code of the city of New York, as
3 amended by chapter 706 of the laws of 2023, is amended to read as
4 follows:
5 (ii) Where an active or retired member of the fire department dies and
6 is enrolled in a health insurance plan, the surviving spouse or domestic
7 partner shall be afforded the right to such health insurance coverage
8 and health insurance coverage which is predicated on the insured's
9 enrollment in the hospital and medical program for the aged and disabled
10 under the social security act as is provided for retirees and their
11 dependents as set forth in subparagraph (i) of this paragraph, provided
12 such surviving spouse or domestic partner pays one hundred two percent
13 of the group rate for such coverage, with two percent intended to cover
14 administrative costs incurred, provided such spouse or domestic partner
15 elects such health insurance coverage within one year of the death of
16 his or her spouse or domestic partner. For purposes of this subpara-
17 graph, "[retired] member of the fire department" shall include persons
18 who[, immediately prior to retirement,] were employed by the fire
19 department of the city of New York in a title whose duties are those of
20 an emergency medical technician or advanced emergency medical technician
21 (as those terms are defined in section three thousand one of the public
22 health law), or whose duties required the direct supervision of employ-
23 ees whose duties are those of an emergency medical technician or
24 advanced emergency medical technician (as those terms are defined in
25 section three thousand one of the public health law), or whose duties
26 are those of a fire protection inspector or associate fire protection
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14648-01-4
A. 9399 2
1 inspector, or whose duties required the direct supervision of employees
2 whose duties are those of a fire protection inspector or associate fire
3 protection inspector.
4 § 2. This act shall take effect immediately.
