NY Pub Auth L § 1266-H (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 11 - Metropolitan Commuter Transportation Authority 1266-H - Authority Police Force.

§   1266-h.  Authority  police  force.  1.  The  authority  is  hereby authorized and empowered, to provide and maintain  an  authority  police department  and  a uniformed authority police force. Each member of such uniformed police force shall be a "police officer" for the  purposes  of the  criminal  procedure  law,  with  all  of  the powers of such police officers thereunder and subject to the same jurisdictional provisions on the exercise of that power as set forth in such  law.  The  geographical area  of  employment  of  such  police  officers for the purposes of the criminal  procedure  law  shall  embrace   the   metropolitan   commuter transportation  district  as defined in section twelve hundred sixty-two of this title. Such department and force shall have the  power,  in  and about  any  or  all of the facilities owned, occupied and/or operated by the authority and its subsidiary corporations, the New York city transit authority and its subsidiaries, and the  triborough  bridge  and  tunnel authority,  as determined in the discretion of the authority, to enforce and prevent violation of all laws and ordinances. Nothing  herein  shall confer  upon  the  authority  police  force  or  upon  their  collective negotiations representatives exclusive jurisdiction or  claim  over  the exercise of police power or security work on behalf of the authority and its subsidiary corporations, the New York city transit authority and its subsidiaries,  and  the  triborough bridge and tunnel authority. Nothing herein shall limit the authority and its  subsidiary  corporations,  the New York city transit authority and its subsidiaries, and the triborough bridge  and tunnel authority from continuing to rely on local police for police  services.  However,  traditional  police  functions   previously performed  by  the  Long Island Rail Road Company and/or the Metro-North Commuter Railroad Company police force shall continue to be performed by the authority police forces.   2. Initial appointments to such authority police force  shall  be  all incumbent  police officers from the Long Island Rail Road Company and/or the  Metro-North  Commuter  Railroad  Company  at  the  time   of   such appointment.  The executive director of the authority, through the chief of police, shall have the power and authority to appoint and employ such number of police officers  as  he  deems  necessary  to  act  as  police officers  of  the authority and to administer to the officers an oath or affirmation  faithfully  to  perform  the  duties  of  their  respective positions  or offices. Unless, at the time of appointment, the person is a police officer  of  Long  Island  Rail  Road  Company  or  Metro-North Commuter Railroad Company, only persons who have never been convicted of a felony and are citizens of the United States shall be appointed police officers  on  the authority police force. After the initial appointments are made, selection of police officer candidates shall be made  pursuant to  an  examination  process  to  be determined at the discretion of the authority  and  candidates  must  receive  a  certificate  attesting  to satisfactory  completion  of an approved municipal police basic training program, as described in section  two  hundred  nine-q  of  the  general municipal  law.  No person shall be eligible for appointment unless such person is not  less  than  twenty  years  of  age  as  of  the  date  of appointment  nor  more than thirty-five years of age as of the date when the applicant takes the written  examination,  provided,  however,  that time  spent on military duty or on terminal leave, not exceeding a total of six years, shall be subtracted from the age of any applicant who  has passed his or her thirty-fifth birthday as provided in subdivision ten-a of   section   two   hundred  forty-three  of  the  military  law.  Upon appointments made by transferring an entire  group  of  police  officers into the authority police force, thereby eliminating such other group of police  officers,  the  authority  shall  recognize  any  representative previously chosen by the police officers for the purposes of  collective  negotiations  consistent  with  the bargaining units already established and shall also  assume  and  continue  to  observe  any  existing  labor contracts covering these police officers including such provisions which relate  to  the  grievance  and  disciplinary  procedures  and  interest arbitration. Subsequent to the establishment of the consolidated  police force  the authority and the collective bargaining representatives shall be authorized to negotiate a merger of the separate bargaining units.   3. The authority may appoint a chief and one or more deputy chiefs  of the authority police department who, in the discretion of the authority, may be selected from the ranks of the authority police force, and assign powers and duties to them and fix their compensation. The chief shall be the  head  of  such department. The deputy chief designated by the chief shall possess all the powers and perform all the  duties  of  the  chief during  his  absence  or  disability.   The authority police force shall consist of such divisions, supervisors and officers, including  but  not limited  to  police  officers,  detectives,  sergeants,  lieutenants and captains as designated by the authority.   Notwithstanding  any  law  or provision to the contrary, the members of the uniformed authority police force  shall  not  acquire civil service status or become members of the New York state and local employees' retirement  system,  except  as  set forth below.   4. The authority shall provide for a twenty year retirement plan under the  same  terms  and  conditions  as  provided by section three hundred eighty-nine of the retirement and social  security  law  as  enacted  by chapter  six  hundred  twenty-eight  of  the  laws  of  nineteen hundred ninety-one; except that:  (a) any benefit provided pursuant to such plan shall be subject to  an offset,  as  defined  in this paragraph, for any tier II benefit payable pursuant to the federal Railroad Retirement Act to or in the respect  of a  member. The offset provided for by this paragraph shall be the amount of the tier II benefit which would be payable to or in respect  to  such member  pursuant  to the federal Railroad Retirement Act multiplied by a fraction, the numerator of which  is  the  member's  years  of  credited service  covered  by the federal Railroad Retirement Act rendered to, or credited  by,  the  authority  or  any  subsidiary  corporation  of  the authority,  and  the denominator of which is the member's total years of service covered by the federal Railroad Retirement Act;  (b) references to Long Island Rail Road shall be to the authority;  (c) the transfer of funds described in subdivision f of section  three hundred eighty-nine of the retirement and social security law as enacted by  chapter  six  hundred  twenty-eight  of the laws of nineteen hundred ninety-one shall  include  the  Metro-North  Commuter  Railroad  Company Defined Contribution Pension Plan for Agreement Employees;  (d)   the  provisions  of  subdivision  g  of  section  three  hundred eighty-nine of the retirement and social  security  law  as  enacted  by chapter  six  hundred  twenty-eight  of  the  laws  of  nineteen hundred ninety-one to the extent of requiring  contributions  for  past  service liability shall not be applicable; and  (e)  when  a police officer transferred from the Long Island Rail Road Company police force to the authority police force reaches age sixty-two the authority will offset the amount payable  under  this  plan  by  the amount of tier II benefit payable from the Railroad Retirement Board for a  service  age  annuity  or  disability payable at the participants age sixty-two.   5. The authority may, in its sole  discretion,  establish  within  the authority's  defined  benefit  program,  a retirement program consistent with the foregoing. If the authority has not so established such program in its defined benefit program within  one  hundred  eighty  days  after  enactment,  then  the  authority  shall  elect to participate in article fourteen-B of the retirement and social security law.   6.  If  the  authority elects to participate in the New York state and local employees' retirement system, such election to  participate  shall be  made  by  resolution  filed with the comptroller and accepted by him pursuant to section thirty-one of the  retirement  and  social  security law.   7.  Nothing  herein  contained shall be deemed to diminish, suspend or abolish an existing benefit inured to a police officer, transferred from the Long Island Rail Road Company and/or Metro-North  Commuter  Railroad Company  police  force  and subject to the provisions of this section in and to the rights, privileges  or  status  previously  earned  within  a pension  or  retirement  system  of which they were a member immediately prior to the enactment of this section; and  any  such  existing  right, privilege  or  status  shall  survive  the  effect  of  any decisions or determinations lawfully made in accordance with the provisions hereof so long as such right, privilege or status is greater in  benefit  to  that which  would be imposed or imputed to any subject officer as a result of actions of the authority authorized herein.   * 8. (a) Notwithstanding any other provision of this section or of any general, special or local law  to  the  contrary,  and  solely  for  the purpose  of  determining  eligibility  for  benefits under this section, where:  (i) a member reported in person to such member's usual place of public employment at the direction of such member's public employer or  to  any alternate  worksite  as  directed  by  such public employer, on or after March first, two thousand twenty, provided that such alternate  worksite was not such member's home or residence;  (ii)  such  member  contracted  COVID-19  within forty-five days after reporting to work pursuant to subparagraph (i)  of  this  paragraph,  as confirmed  by a positive laboratory test or as diagnosed before or after such member's death by a licensed, certified, registered  or  authorized physician,  nurse  practitioner,  or  physician's assistant currently in good standing in any state or the District of Columbia, or a  physician, nurse  practitioner,  or physician's assistant authorized to practice in New York by executive  order  during  the  declared  COVID-19  state  of emergency; and  (iii)  Such  member  died  on  or  before  December  thirty-first, two thousand twenty, and COVID-19 caused or  contributed  to  such  member's death, as documented on such member's death certificate, or as certified by  a  physician, nurse practitioner, or physician's assistant described in subparagraph (ii) of this paragraph who determines with a  reasonable degree  of  medical certainty that COVID-19 caused or contributed to the member's death, such member's statutory  beneficiary  shall  receive  an accidental  death  benefit,  unless such statutory beneficiary elects to receive an ordinary death benefit.  (b) Any amount payable as a result of this section shall be reduced by any amount paid by such member's retirement system to any  recipient  of ordinary death benefits pursuant to this section.  (c)  Notwithstanding  any provision of this section or of any general, special or local law to the contrary, and  solely  for  the  purpose  of determining eligibility for benefits under this section, where a member:  (1) retired from his or her retirement system on or after March first, two thousand twenty, and before July first, two thousand twenty;  (2)  on  or after March first, two thousand twenty, reported in person to such member's usual place of public employment at  the  direction  of such  member's  public employer or to any alternate worksite as directed  by such public employer, provided that such alternate worksite  was  not such member's home or residence;  (3)  contracted COVID-19 within forty-five days after any such date of reporting to work in person, as confirmed by a positive laboratory  test or  as  diagnosed  before  or  after  such member's death by a licensed, certified, registered or authorized physician,  nurse  practitioner,  or physician's  assistant  currently  in  good standing in any state or the District of Columbia, or a physician, nurse practitioner, or physician's assistant authorized to practice in New York by executive  order  during the declared COVID-19 state of emergency; and  (4)  Such member died on or before December thirty-first, two thousand twenty, and COVID-19 caused or contributed to such  member's  death,  as documented  on  such  member's  death  certificate, or as certified by a physician, nurse practitioner, or  physician's  assistant  described  in subparagraph  three  of  this paragraph who determines with a reasonable degree of medical certainty that COVID-19 caused or contributed  to  the member's  death,  such  member's  statutory beneficiary shall receive an accidental death benefit if such statutory beneficiary elects conversion of the  member's  service  or  disability  retirement  benefit  into  an accidental death benefit.  (d)  Such  member's statutory beneficiary, as defined pursuant to this section, for purposes of accidental death  benefits  payable  from  such member's  retirement  system under this section, may, within ninety days of such member's retirement or September  first,  two  thousand  twenty, whichever  is later, apply to such member's retirement system to request the conversion of such member's service or disability retirement benefit into an accidental death benefit. For purposes of the salary  base  upon which  the  accidental death benefit is calculated, such member shall be deemed to have died on the date of such member's retirement. At the time of such conversion, such  statutory  beneficiary  shall  relinquish  all rights  to  the  prospective  benefits  payable  under  the  service  or disability  retirement  statute,  including  any  post-retirement  death benefits, since such member's death. If the statutory beneficiary is not the  only  beneficiary  receiving or entitled to receive a benefit under the service or disability retirement statute including, but not  limited to,  a post-retirement death benefit or benefit paid or payable pursuant to the member's option selection, the accidental death benefit  payments to  the  statutory  beneficiary  will  be reduced by any amounts paid or payable to any other statutory beneficiary.  (e) In order  to  be  eligible  for  the  benefit  described  in  this subdivision,  the applicable retirement system or systems are authorized to  promulgate  rules  and  regulations  to  administer   this   benefit including,  but  not  limited  to,  requiring  a  statement  to be filed confirming the member contracted COVID-19 and the dates and locations of such member's employment.   * NB There are 2 sb 8's   * NB Repealed December 31, 2020   * 8. (a) Notwithstanding any other provision of this section or of any general, special or local law  to  the  contrary,  and  solely  for  the purpose  of  determining  eligibility  for  benefits under this section, where:  (i) a member reported in person to such member's usual place of public employment at the direction of such member's public employer or  to  any alternate  worksite  as  directed  by  such public employer, on or after March first, two thousand twenty, provided that such alternate  worksite was not such member's home or residence;  (ii)  such  member  contracted  COVID-19  within forty-five days after reporting to work pursuant to subparagraph (i)  of  this  paragraph,  as  confirmed  by a positive laboratory test or as diagnosed before or after such member's death by a licensed, certified, registered  or  authorized physician,  nurse  practitioner,  or  physician's assistant currently in good  standing in any state or the District of Columbia, or a physician, nurse practitioner, or physician's assistant authorized to  practice  in New  York  by  executive  order  during  the  declared COVID-19 state of emergency; and  (iii) Such  member  died  on  or  before  December  thirty-first,  two thousand twenty-two, and COVID-19 caused or contributed to such member's death, as documented on such member's death certificate, or as certified by  a  physician, nurse practitioner, or physician's assistant described in subparagraph (ii) of this paragraph who determines with a  reasonable degree  of  medical certainty that COVID-19 caused or contributed to the member's death, such member's statutory  beneficiary  shall  receive  an accidental  death  benefit,  unless such statutory beneficiary elects to receive an ordinary death benefit.  (b) Any amount payable as a result of this section shall be reduced by any amount paid by such member's retirement system to any  recipient  of ordinary death benefits pursuant to this section.  (c)  Notwithstanding  any provision of this section or of any general, special or local law to the contrary, and  solely  for  the  purpose  of determining eligibility for benefits under this section, where a member:  (1) retired from his or her retirement system on or after March first, two thousand twenty, and before July first, two thousand twenty;  (2)  on  or after March first, two thousand twenty, reported in person to such member's usual place of public employment at  the  direction  of such  member's  public employer or to any alternate worksite as directed by such public employer, provided that such alternate worksite  was  not such member's home or residence;  (3)  contracted COVID-19 within forty-five days after any such date of reporting to work in person, as confirmed by a positive laboratory  test or  as  diagnosed  before  or  after  such member's death by a licensed, certified, registered or authorized physician,  nurse  practitioner,  or physician's  assistant  currently  in  good standing in any state or the District of Columbia, or a physician, nurse practitioner, or physician's assistant authorized to practice in New York by executive  order  during the declared COVID-19 state of emergency; and  (4)  Such member died on or before December thirty-first, two thousand twenty, and COVID-19 caused or contributed to such  member's  death,  as documented  on  such  member's  death  certificate, or as certified by a physician, nurse practitioner, or  physician's  assistant  described  in subparagraph  three  of  this paragraph who determines with a reasonable degree of medical certainty that COVID-19 caused or contributed  to  the member's  death,  such  member's  statutory beneficiary shall receive an accidental death benefit if such statutory beneficiary elects conversion of the  member's  service  or  disability  retirement  benefit  into  an accidental death benefit.  (d)  Such  member's statutory beneficiary, as defined pursuant to this section, for purposes of accidental death  benefits  payable  from  such member's  retirement  system under this section, may, within ninety days of such member's retirement or September  first,  two  thousand  twenty, whichever  is later, apply to such member's retirement system to request the conversion of such member's service or disability retirement benefit into an accidental death benefit. For purposes of the salary  base  upon which  the  accidental death benefit is calculated, such member shall be deemed to have died on the date of such member's retirement. At the time of such conversion, such  statutory  beneficiary  shall  relinquish  all rights  to  the  prospective  benefits  payable  under  the  service  or  disability  retirement  statute,  including  any  post-retirement  death benefits, since such member's death. If the statutory beneficiary is not the  only  beneficiary  receiving or entitled to receive a benefit under the  service or disability retirement statute including, but not limited to, a post-retirement death benefit or benefit paid or payable  pursuant to  the member's option selection, the accidental death benefit payments to the statutory beneficiary will be reduced  by  any  amounts  paid  or payable to any other statutory beneficiary.  (e)  In  order  to  be  eligible  for  the  benefit  described in this subdivision, the applicable retirement system or systems are  authorized to   promulgate   rules  and  regulations  to  administer  this  benefit including, but not  limited  to,  requiring  a  statement  to  be  filed confirming the member contracted COVID-19 and the dates and locations of such member's employment.   * NB There are 2 sb 8's   * NB Repealed December 31, 2022