BILL NUMBER: S9868
SPONSOR: MATTERA
 
TITLE OF BILL:
An act to authorize the widow of Luis Palermo to apply for World Trade
Center related accidental death benefits from the New York state and
local police and fire retirement system
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would authorize the widow of the late Nassau County
Police Officer Luis Palermo to apply for World Trade Center related
accidental death benefits from the New York State and Local Police and
Fire Retirement System.
 
SUMMARY OF PROVISIONS:
Section 1: Permits the widow of the late Nassau County Police Officer
Luis Palermo to file an application, within one year of the effective
date of this act, for World Trade Center related accidental death bene-
fits from the New York State and Local Police and Fire Retirement
System. States that the application shall be approved despite Officer
Palermo participating in rescue, recovery and clean-up operations at the
World Trade Center site for twenty-nine hours.
Section 2: States that all costs associated with the implementation of
this act shall be borne by the county of Nassau.
Section 3: Sets the effective date and includes the Fiscal Note.
 
JUSTIFICATION:
Luis Palermo served as a member of the Nassau County Police Department
for approximately 23 years until his passing as a result of end stage
pulmonary fibrosis contracted through his participation as a first
responder at the World Trade Center site following the terrorist attacks
of September 11, 2001. However, officer Palermo's application for cover-
age under the provisions of the World Trade Center presumption was
rejected on the basis that he did not fulfill forty hours of partic-
ipation in the rescue, recovery, and clean-up operations as required
under the law.
Officer Palermo's conditions have been certified by the World Trade
Center Health Program as connected to his participation in the rescue
and recovery efforts following the September 11th attacks. In addition,
Officer Palermo meets all other conditions required for this claim
including having participated as defined under Section 2, definition 36,
subsection e, and having a qualifying physical condition as defined
under Section 2, definition 36, subsection c. Further, Officer
Palermo's widow and surviving children have been receiving work related
death benefits under section 16 of the workers' compensation law based
entirely upon his participation in World Trade Center operations which
is an official New York State agency.
Accordingly, this bill would allow Officer Palermo's widow to file an
application, within one year of the effective date of this act, for
World Trade Center related accidental death benefits from the New York
State and Local Police and Fire Retirement System. Said application, if
timely filed, shall be approved despite Officer Palermo participating in
rescue, recovery and clean-up operations at the World Trade Center site
for twenty-nine hours.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Refer to fiscal note in section 3.
 
EFFECTIVE DATE:
This act shall take effect immediately.