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be payable to the successor government, plus the amount which is otherwise payable to the successor government;

(d) in the fourth year following consolidation, forty percent of the difference between the amount which would have otherwise been payable to the individual local governments which were party to the consolidation, merger or dissolution and the amount which would otherwise be payable to the successor government, plus the amount which is otherwise payable to the successor government; and

(e) in the fifth year following consolidation, twenty percent of the difference between the amount which would have otherwise been payable to the individual local governments which were party to the consolidation, merger or dissolution and the amount which would otherwise be payable to the successor government, plus the amount which is otherwise payable to the successor government.

§ 3. This act shall take effect immediately.

CHAPTER 667

AN ACT to amend the judiciary law, in relation to the administration of examination for admission to practice as an attorney

Became a law July 31, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The judiciary law is amended by adding a new section 460-b to read as follows:

§ 460-b. Applications for special arrangements. 1. The state board of law examiners shall provide a procedure for review of applications for special arrangements from any person applying for examination for admission to practice as an attorney and counsellor-at-law which shall include provisions that if the applicant's claim for special arrangements is denied, such board shall provide the applicant an appeal of the decision before the full board prior to the date of the examination for which such special arrangements were requested.

2. The state board of law examiners shall render an annual report on the number of law examinees each time a test is given; the number of those examinees requesting special arrangements; the types of special arrangements requested; and those requests granted and/or denied.

§ 2. This act shall take effect immediately; provided, however, the annual report required by section 460-b of the judiciary law, as added by this act, shall be completed for the year this act becomes effective and copies shall be submitted to the chairpersons of the judiciary mittees of the senate and assembly.

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CHAPTER 668

AN ACT to amend the labor law and the workers' compensation law, in relation to the definition of "employment" as it concerns professional models and the individuals or entities which engage them

Became a law July 31, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph (b) of subdivision 1 of section 511 of the labor law is amended by adding a new subparagraph 3 to read as follows:

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(3) as a professional model, where:

(1) the professional model performs modeling services for; or (ii) consents in writing to the transfer of his or her exclusive legal right to the use of his or her name, portrait, picture or image, for advertising purposes or for the purposes of trade, directly to

a

a retail store, a manufacturer, an advertising agency, a photographer, a publishing company or any other such person or entity, which dictates such professional model's assignments, hours of work or performance locations and which compensates such professional model in return for waiver of his or her privacy rights enumerated above, unless such services are performed pursuant to a written contract wherein it is stated that the professional model is the employee of another employer covered by this chapter. For purposes of this subparagraph, the term "professional model" means a person who, in the course of his or her trade, occupation or profession, performs modeling services. For purposes of this subparagraph, the term "modeling services" means the appearance by a professional model in photographic sessions or the engagement of such model in live, filmed or taped modeling performances for remuneration.

§ 2. Subdivision 4 of section 2 of the workers' compensation law is amended by adding a new undesignated paragraph to read as follows: "Employee" shall also mean, for purposes of this chapter, a professional model, who:

(a) performs modeling services for; or

(b) consents in writing to the transfer of his or her exclusive legal right to the use of his or her name, portrait, picture or image, for advertising purposes or for the purposes of trade, directly to

a

a retail store, a manufacturer, an advertising agency, a photographer, a publishing company or any other such person or entity, which dictates such professional model's assignments, hours of work or performance locations and which compensates such professional model in return for waiver of such professional model's privacy rights enumerated above, unless such services are performed pursuant to a written contract wherein it is stated that such professional model is the employee of another employer covered by this chapter. For the purposes of this paragraph the term "professional model" means a person who, in the course of his or her trade, occupation or profession, performs modeling services. For purposes of this paragraph, the term "modeling services" means the appearance by a professional model in photographic sessions or the engagement of such model in live, filmed or taped modeling performances for remuneration.

§ 3. Subdivision 5 of section 201 of the workers' compensation law is amended by adding a new undesignated paragraph to read as follows:

"Employee" shall also sional model, who:

(a) performs modeling services for; or

(b) consents in writing to the transfer of his or her exclusive legal right to the use of his or her name, portrait, picture or image, for advertising purposes or for the purposes of trade, directly to

a

a retail store, a manufacturer, an advertising agency, a photographer, & publishing company or any other such person or entity, which dictates such professional model's assignments, hours of work or performance locations and which compensates such professional model in return for waiver of such professional model's privacy rights enumerated above, unless such services are performed pursuant to a written contract wherein it is stated that such professional model is the employee of another employer covered by this chapter. For the purposes of this paragraph the term "professional model" her trade, occupation or profession, means a person who, in the course of his or performs modeling services. this paragraph, the term "modeling services" means the appearance by a professional model in photographic sessions or the engagemodel in live, filmed or taped modeling performances for

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mean, for purposes of this chapter, a profes

$ 4. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to unemployment, workers' compensation or disability claims arising on or after such effective date.

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

CHAPTER 669

(See FISCAL NOTE at end of Chapter.)

AN ACT to amend the retirement and social security law, in relation to death benefits

Became a law July 31, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph 3 of subdivision a of section 60 of the retirement and social security law, as amended by chapter 754 of the laws of 1989, is amended to read as follows:

3. Has credit for one or more years of service while actually a member. This requirement of one or more years of service while actually a member shall not be applicable to the reserve-for-increased-take-homepay and shall be subject to waiver as provided in subdivision e of section forty-one of this article.

An ordinary death benefit shall not be payable in any case in which an accidental death benefit is payable provided, however, that where payments made pursuant to section sixty-one of this chapter on account of an accidental death benefit, computed without reduction pursuant to section sixty-four of this article, and the reserve-for-increased-takehome-pay total less than the ordinary death benefit and the reserve-forincreased-take-home-pay that would have been computed and made payable pursuant to this section sixty in the case of ordinary death, the difference shall be paid to the beneficiary or member's estate to which the ordinary death benefit and reserve-for-increased-take-home-pay would

have been paid.

Provided further, that where the [member would have been entitled to a service retirement benefit at the time of his death and where the] beneficiary or beneficiaries designated to receive the accidental death benefit pursuant to section sixty-one of this article is the same beneficiary or beneficiaries designated by the member to receive the ordinary death benefit, then, and in that case, the beneficiary or beneficiaries may elect to receive, in a lump sum, the value of the ordinary death benefit and the reserve-for-increased-take-home-pay, if any, that would have been computed and made payable pursuant to the provisions hereof in case of ordinary death, in lieu of any other benefit.

§ 2. The last undesignated paragraph of subdivision a of section 360 of the retirement and social security law, as amended by chapter 932 of the laws of 1976, is amended to read as follows:

An ordinary death benefit shall not be payable in any case in which an accidental death benefit is payable provided, however, that where payments made pursuant to section three hundred sixty-one of this chapter on account of an accidental death benefit, computed without reduction pursuant to section three hundred sixty-four of this article, and the reserve-for-increased-take-home-pay total less than the ordinary death benefit and the reserve-for-increased-take-home-pay that would have been computed and made payable pursuant to this section three hundred sixty in the case of ordinary death, the difference shall be paid to the beneficiary or member's estate to which the ordinary death benefit and reserve-for-increased-take-home-pay would have been paid. Provided further, that where the [member would have been entitled to a service retirement benefit at the time of his death and where his death occurs on or after July first, nineteen hundred seventy-five, and where the] beneficiary or beneficiaries designated to receive the accidental death benefit pursuant to section three hundred sixty-one of this chapter is the same beneficiary or beneficiaries designated by the member to receive the ordinary death benefit, then, and in that case the beneficiary or beneficiaries may elect to receive, in a lump sum, the value of the ordinary death benefit and the reserve-for-increased-take-home-pay, that would have been computed and made payable pursuant to the provisions hereof in case of ordinary death, in lieu of any other

if

any,

benefit.

3. This act shall take effect immediately.

FISCAL NOTE. -This bill would allow certain beneficiaries of deceased New York State and Local Employees' Retirement System and New York State

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and Local Police and Fire Retirement System Tier 1 members designated to receive an accidental death benefit pursuant to Sections 61 or 361, respectively, of the Retirement and Social Security Law to elect to receive the value of the ordinary death benefit in a lump sum. Currently, such a beneficiary may so elect only if the deceased member would have been entitled to a service retirement benefit at the time of his death.

It is anticipated that very few beneficiaries per year would be affected by the provisions of this bill. In such a case, the cost would depend on the beneficiary's age, the amount of Workers' Compensation benefits payable, and on the service and salary of the deceased member at the time of death.

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Due to the small number of beneficiaries anticipated to be affected by this bill, it is estimated that enactment of the bill would result in negligible cost to be shared by the State of New York and all the participating employers in the New York State and Local Employees' Retirement System, and the New York State and Local Police and Fire Retirement System.

This estimate, dated February 7, 1992, and intended for use only during the 1992 Legislative Session is Fiscal Note No. 92-113, prepared by the Actuary for the New York State and Local Employees' Retirement System and the New York State and Local Police and Fire Retirement System.

CHAPTER 670

AN ACT permitting the town of Westfield, county of Chautauqua, to transfer all funds appropriated to its tax stabilization reserve fund to the town's general fund

Became a law July 31, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section

1. Notwithstanding the provisions of any law to the contrary, the town of Westfield, county of Chautauqua, is hereby authorized to transfer all funds appropriated to its tax stabilization reserve fund to the town's general fund.

§ 2. This act shall take effect immediately.

CHAPTER 671

AN ACT to legalize

and validate the sale by the city of Elmira, Chemung county of lands which had been acquired by such city for park

purposes

Became a law July 31, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present.

bly, do enact as follows:

The People of the State of New York, represented in Senate and Assem

relation

Section 1. All acts heretofore taken and proceedings heretofore had by the city council of the city of Elmira, county of Chemung, in to the sale of a parcel of land situate in the city of Elmira, Chemung County, New York, by deed dated August 19, 1987 and recorded in the CheEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

mung county clerk's office in book of deeds liber 769 at page 13 and thereafter set forth, are hereby legalized, validated, ratified and confirmed, notwithstanding that the parcel of land so sold by the city of Elmira, county of Chemung, was dedicated for recreational or similar community purposes and such land was sold without the authorization of the state legislature. The premises SO conveyed are described as

follows:

ALL THAT TRACT OR PARCEL OF LAND situate in the City of Elmira, County of Chemung and State of New York, bounded and described as follows:

BEGINNING at an iron pin at the intersection of the easterly line of Consolidated Rail Corp., formerly Erie Railroad Co. (Liber 663 of Deeds at page 708) with the division line between lands of Joel C. Robinson (Liber 568 of Deeds at page 715) on the south and lands of the City of Elmira (Liber 95 of Deeds at page 222) on the north, and running thence N. 25°42′09′′ W. along the easterly line of Consolidated Rail Corp. 19.56 feet to an iron pin; thence N. 67°39′ 08′′ E. 196. 08 feet to an iron pin; thence N. 47°45′ 30′′E., 25.67 feet to an iron pin; thence continuing the same course, N. 47°45′ 30′′ E. 337.69 feet to an iron pin; thence S. 82°37′ 31′′ E. 213. 86 feet to an iron pin; thence S. 28°09′ 59′′ E. 43.50 feet to an iron pin in the aforesaid division line; thence S. 68°08′ 10′′ W. along said division line 540.77 feet to an iron pin; thence continuing on the same course S. 68°08′ 10′′ W. 186.00 feet along said division line to the iron pin in the easterly line of Consolidated Rail Corp. at the point of beginning.

on

SUBJECT to existing easements and rights of way of record, including any easement to the Elmira Water Board for maintenance repair and operation of a water line as shown on the survey map prepared by Weiler Associates dated July 13, 1987, revised July 20, 1987, and filed in the Chemung County Clerk's Office as Case Map. No. 2559.

Together with a release of any easement or right that the City may have had to extend Warren Street through the above described premises as specifically granted under the aforementioned deed of conveyance.

§ 2. The above described premises have never been used for park or recreational purposes by the city of Elmira and will no longer be needed for park or recreational purposes. The said premises having been sold by the city for fair market value, the net proceeds derived from the sale such land shall be used for the purchase of additional park land, or the improvement of the capital facilities at existing parks. § 3. This act shall take effect immediately.

of

CHAPTER 672

(See FISCAL NOTE at end of Chapter.)

AN ACT to amend the administrative code of the city of New York, in relation to purchasing credit for prior service by members of the uniformed housing police service

Became a law July 31, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision p of section 13-156 of the administrative code of the city of New York is amended by adding a new paragraph 3 to read as follows:

(3) Notwithstanding the provisions of paragraph two of this subdivision, any housing police member who desires to purchase service credit under the provisions of paragraph one of this subdivision and who, for reasons not ascribable to his or her negligence, did not or was unable to avail himself or herself of the opportunity to purchase service credit at an earlier date, shall be allowed to elect to purchase service credit under the provisions of paragraph one of this subdivision if he or she shall pay into the annuity savings of the retirement system the amount of the employee contributions required to have been paid into the

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