senate Bill S7628A

Signed by Governor

Extends deadline during which to file as having a World Trade Center condition, and modifies qualifications

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 21 / May / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 10 / Jun / 2014
    • AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 10 / Jun / 2014
    • PRINT NUMBER 7628A
  • 11 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1308
  • 16 / Jun / 2014
    • PASSED SENATE
  • 16 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 17 / Jun / 2014
    • SUBSTITUTED FOR A9562A
  • 17 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.309
  • 17 / Jun / 2014
    • PASSED ASSEMBLY
  • 17 / Jun / 2014
    • RETURNED TO SENATE
  • 10 / Nov / 2014
    • DELIVERED TO GOVERNOR
  • 21 / Nov / 2014
    • SIGNED CHAP.472

Summary

Extends deadline during which to file as having a World Trade Center condition, and modifies qualifications.

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Bill Details

See Assembly Version of this Bill:
A9562A
Versions:
S7628
S7628A
Legislative Cycle:
2013-2014
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd ยง2, R & SS L

Sponsor Memo

BILL NUMBER:S7628A

TITLE OF BILL: An act to amend the retirement and social security
law, in relation to injuries or illnesses suffered as a result of
participating in rescue, recovery and cleanup directly related to
attacks at the World Trade Center on September 11, 2001

PURPOSE: Reopens notice of participation for certain members who
contracted illness suffered as a result of participating in rescue,
recovery, and clean up directly related to attacks at the World Trade
Center on September 11, 2001.

SUMMARY OF PROVISIONS: Extends the deadline during which to file as
having a world trade center condition and modifies qualifications.

JUSTIFICATION: This bill will extend the deadline for filing a
registration of participation under the World Trade Center (WTC)
Disability Law for those members who were eligible and never filed an
application. Some of these members have become disabled with a WTC
qualifying condition and have been precluded from receiving the WTC
disability benefits because they never filed the notice of
participation during the open window period. This bill will correct
this inequity.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: See fiscal note.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7628--A

                            I N  S E N A T E

                              May 21, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to amend the retirement and social security law, in relation to
  injuries or illnesses suffered as a result of participating in rescue,
  recovery and cleanup directly related to attacks at  the  World  Trade
  Center on September 11, 2001

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 36 of section 2 of the retire-
ment and social security law, as amended by chapter 489 of the  laws  of
2013, is amended to read as follows:
  (a)  "Qualifying World Trade Center condition" shall mean a qualifying
condition or impairment of health resulting in disability  to  a  member
who participated in World Trade Center rescue, recovery or cleanup oper-
ations  for  a  qualifying  period,  as  those  terms are defined below,
provided the following conditions have been met:  (i)  such  member,  or
eligible  beneficiary in the case of the member's death, must have filed
a written and sworn statement with the member's retirement system  on  a
form  provided  by  such  system  indicating  the  underlying  dates and
locations of employment not later than September eleventh, two  thousand
[ten,  or  any  later  date  as hereinafter provided in this paragraph;]
FIFTEEN, and (ii) such member has either successfully passed a  physical
examination  for entry into public service, or authorized release of all
relevant medical records, if the member did not undergo a physical exam-
ination for entry into public service; and (iii) there is no evidence of
the qualifying condition or impairment of health that formed  the  basis
for  the  disability  in such physical examination for entry into public
service or in the relevant medical records, prior to September eleventh,
two thousand one EXCEPT FOR SUCH MEMBER, OR ELIGIBLE BENEFICIARY IN  THE
CASE  OF THE MEMBER'S DEATH, OF A LOCAL RETIREMENT SYSTEM OF A CITY WITH
A POPULATION OF ONE MILLION OR MORE THAT IS COVERED BY SECTION 13-551 OF
THE ADMINISTRATIVE  CODE  OF  THE  CITY  OF  NEW  YORK,  OR  BY  SECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14985-03-4

S. 7628--A                          2

TWENTY-FIVE  HUNDRED  SEVENTY-FIVE  OF  THE  EDUCATION  LAW AND FOR SUCH
MEMBER WHO SEPARATED FROM SERVICE WITH VESTED RIGHTS, OR ELIGIBLE  BENE-
FICIARY  OF SUCH MEMBER WHO SEPARATED FROM SERVICE WITH VESTED RIGHTS IN
THE  CASE  OF THE MEMBER'S DEATH, OF A LOCAL RETIREMENT SYSTEM OF A CITY
WITH A POPULATION OF ONE MILLION OR MORE WHO  ARE  COVERED  BY  SECTIONS
13-168,  13-252.1  OR 13-353.1 OF THE ADMINISTRATIVE CODE OF THE CITY OF
NEW YORK OR SECTIONS FIVE  HUNDRED  SEVEN-C,  SIX  HUNDRED  FIVE-B,  SIX
HUNDRED FIVE-C, OR SIX HUNDRED SEVEN-B OF THIS CHAPTER. The deadline for
filing  a  written  and  sworn statement required by subparagraph (i) of
this paragraph [is hereby extended to] SHALL BE September eleventh,  two
thousand  fourteen  for such member, or eligible beneficiary in the case
of the member's death, of a local retirement system of  a  city  with  a
population  of  one million or more that is covered by section 13-551 of
the administrative code of the city of New York, or by  section  twenty-
five  hundred  seventy-five of the education law and for such member who
separated from service with vested rights, or  eligible  beneficiary  of
such member who separated from service with vested rights in the case of
the  member's  death,  of  A local retirement [systems] SYSTEM of a city
with a population of one million or more who  are  covered  by  sections
13-168,  13-252.1  [and]  OR  13-353.1 of the administrative code of the
city of New York and sections five hundred seven-c, six hundred  five-b,
six  hundred five-c, [and] OR six hundred seven-b of this chapter. Every
retirement system shall keep a copy of every written and sworn statement
that is presented for filing not  later  than  September  eleventh,  two
thousand  [fourteen]  FIFTEEN,  including  those  that  are rejected for
filing as untimely.
  S 2. Notwithstanding any other provision of law to the contrary,  none
of  the  provisions  of  this  act shall be subject to section 25 of the
retirement and social security law.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  PROVISIONS OF PROPOSED LEGISLATION: With respect to the New York  City
Retirement  Systems  ("NYCRS"),  the  proposed  legislation  would amend
Retirement and Social Security Law ("RSSL") Section  2,  to  extend  the
deadline  for  filing  a  registration  of participation under the World
Trade Center ("WTC") Disability Law to certain members who  participated
in the Rescue, Recovery or Cleanup operations related to the World Trade
Center attack on September 11, 2001.
  The   NYCRS  include:  New  York  City  Employees'  Retirement  System
("NYCERS"), New York City Teachers' Retirement  System  ("NYCTRS"),  New
York  City  Board of Education Retirement System ("BERS"), New York City
Police Pension Fund ("POLICE") and New York Fire Department Pension Fund
("FIRE").
  The WTC Disability Law was enacted under Chapter 104 of  the  Laws  of
2005,  and was amended by Chapter 93 of the Laws of 2005, Chapter 102 of
the Laws of 2006, Chapter 444 of the Laws of 2006, Chapter  445  of  the
Laws  of 2006, Chapter 5 of the Laws of 2007, Chapter 214 of the Laws of
2007, Chapter 495 of the Laws of 2007, Chapter 489 of the Laws of  2008,
Chapter 361 of the Laws of 2010 and Chapter 489 of 2013.
  The  Effective  Date of this proposed legislation would be the date of
enactment.
  DEADLINES FOR FILING A REGISTRATION OF  PARTICIPATION  UNDER  EXISTING
WTC-RELATED  PROVISIONS: Under current law, as a result of the enactment
of Chapter 489 of 2013, the deadline for  filing  a  written  and  sworn
statement  with  the  member's retirement system to register for partic-
ipation under the WTC Disability Law is September 11, 2014  for  certain

S. 7628--A                          3

groups  ("Chapter  489/13 Covered Groups"). These Chapter 489/13 Covered
Groups are as follows:
  * Active, vested and retired members in NYCTRS in Tiers I and II
  * Active, vested and retired members in BERS in Tiers I and II
  * Vested members in NYCERS in Tiers I and II
  * Vested members in POLICE in Tiers I and II
  * Vested members in FIRE in Tiers I and II
  * Vested Uniformed Corrections members in NYCERS in Tier III
  * Vested Uniformed Sanitation members in NYCERS in Tier IV
  * Vested Deputy Sheriff members in NYCERS in Tier IV and Tier VI
  * Vested EMT members in NYCERS in Tier IV and Tier VI
  Similarly,  the deadline for filing a written and sworn statement with
the member's retirement system to register for participation  under  the
WTC  Disability law is September 11, 2010 for all groups not included in
the Chapter 489/13 Covered Groups (the "Original Covered Groups").
  DEADLINES FOR FILING A REGISTRATION OF  PARTICIPATION  UNDER  PROPOSED
LEGISLATION:  With  respect to the NYCRS, the proposed legislation would
extend the deadline for filing a registration of participation under the
WTC Disability Law for the Original Covered Groups  from  September  11,
2010  to  September  11, 2015. The deadline for filing a registration of
participation under the  WTC  Disability  Law  for  the  Chapter  489/13
Covered Groups would remain unchanged at September 11, 2014.
  ADDITIONAL  EMPLOYER COSTS: The cost of the proposed legislation would
depend on the number of additional members who file the  required  form,
meet  the  requirements  and then ultimately benefit from one of the WTC
Disability Laws.
  As the Actuary believes that most members who would  be  eligible  for
the  benefits  provided  under the WTC Disability Law have already filed
the required form to register for  participation,  only  a  few  members
likely  would  benefit from the proposed legislation and, therefore, the
increase in employer costs likely would be de minimis.
  ADDITIONAL EMPLOYER CONTRIBUTIONS: In general, the increase in employ-
er contributions will be comparable to the increase in employer costs.
  ACTUARIAL ASSUMPTIONS AND METHODS: The additional employer  costs  and
contributions  have  been  determined based on the actuarial assumptions
and methods used in June 30, 2013 (Lag) actuarial valuations of  NYCERS,
NYCTRS, BERS, POLICE and FIRE.
  ECONOMIC  VALUES OF BENEFITS: The actuarial assumptions used to deter-
mine the financial impact of the proposed legislation discussed in  this
Fiscal  Note  are those appropriate for budgetary models and determining
annual employer contributions to the NYCRS.
  However, the  economic  assumptions  that  are  used  for  determining
employer  contributions do not develop risk-adjusted, economic values of
benefits.  Such risk-adjusted, economic values of benefits would  likely
differ significantly from those developed by the budgetary models.
  STATEMENT  OF ACTUARIAL OPINION: I, Robert C. North, Jr., am the Chief
Actuary for the New York City Retirement Systems. I am a Fellow  of  the
Society  of Actuaries and a Member of the American Academy of Actuaries.
I meet the Qualification Standards of the American Academy of  Actuaries
to render the actuarial opinion contained herein.
  FISCAL  NOTE  IDENTIFICATION:  This  estimate is intended for use only
during the 2014 Legislative Session. It is Fiscal  Note  2014-18,  dated
April  30,  2014,  prepared  by  the Chief Actuary for the New York City
Employees' Retirement System, the New  York  City  Teachers'  Retirement
System,  the New York City Board of Education Retirement System, the New

S. 7628--A                          4

York City Police Pension Fund and the New York Fire  Department  Pension
Fund.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  would amend chapter 93 of the Laws of 2005 and chapter 445
of the Laws of 2006, which provided members of public retirement systems
who contract any form of disease or disability related  to  exposure  to
any  elements  in  connection  with  the  World  Trade Center tragedy of
September 11, 2001 to be presumptive evidence that such  disability,  or
death  as  a result of such disability was the result of an accident and
was sustained in the performance of duty.
  Insofar as this bill would affect the New York State and Local Employ-
ees' Retirement and the New York State and Local Police and Fire Retire-
ment System, this bill would  extend  the  deadline  for  filing  notice
regarding  the  eligibility for benefits for certain members who partic-
ipated in the World Trade Center rescue, recovery or  cleanup  operation
to September 11, 2015.
  If  this  bill  is  enacted,  it would lead to more disabilities being
classified as "in performance of duty" or "accidental". For the disabil-
ities so classified due to this bill, the cost would depend on the  age,
service,  salary  and plan of the affected member or retiree, as well as
whether such person would have otherwise been eligible for, or has  been
receiving  an ordinary disability, a performance of duty disability or a
service retirement. For those who contract such disease prior to retire-
ment, it is estimated that there could be per person one-time  costs  of
as  much  as  four (4) times salary. For those who contract such disease
subsequent to a service retirement, it is estimated that there would  be
an  average per person cost of approximately 150% of final average sala-
ry. For those who contract such disease subsequent to an ordinary  disa-
bility  retirement,  it  is estimated that there would be an average per
person cost of approximately four (4) times final average salary.
  This bill would also lead to more deaths being  classified  as  "acci-
dental".  For  each death classified as accidental due to this bill, the
cost would depend on the age, service, salary and plan of  the  affected
individual,  as  well as whether such person was an active member or has
been receiving an ordinary disability, a performance of duty disability,
an accidental disability or a service retirement. It is  estimated  that
the cost for each ERS and PFRS individual affected would average approx-
imately  three  (3) times final average salary and seven (7) times final
average salary, respectively.
  ERS Costs: Pursuant to Section 25 of the Retirement and Social Securi-
ty Law, the increased cost to the New York State  and  Local  Employees'
Retirement  System  would be borne entirely by the State of New York and
would require an itemized appropriation sufficient to pay  the  cost  of
the  provision.  A  precise cost can't be determined at this time. Every
year a cost will be determined (and billed to the state) based on  those
benefiting from this provision.
  PFRS  Costs:  These costs would be shared by the State of New York and
the participating employers in the PFRS.
  Summary of relevant resources:
  The membership data used in  measuring  the  impact  of  the  proposed
change  was  the same as that used in the March 31, 2013 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2013
Report  of  the  Actuary  and  the  2013  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in the  2010,
2011,  2012  and  2013  Annual  Report  to  the Comptroller on Actuarial

S. 7628--A                          5

Assumptions, and the Codes Rules and Regulations of  the  State  of  New
York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2013
New  York  State  and  Local  Retirement System Financial Statements and
Supplementary Information.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
  This estimate, dated June 4, 2014, and intended for  use  only  during
the  2014  Legislative Session, is Fiscal Note No. 2014-148, prepared by
the Actuary for the New York State and Local Employees'  Retirement  and
the New York State and Local Police and Fire Retirement System.
  FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
  This  bill  would  amend Subdivision 36 of Section 2 of the Retirement
and Social Security Law to extend the deadline to September 11, 2015 for
filing notice of having participated in the World Trade  Center  rescue,
recover  or cleanup operations during the qualifying period. Members who
become disabled or die as a result of a "qualifying World  Trade  Center
condition" are assumed to have become disabled or died as a result of an
accidental or on-the-job disability or death.
  The  annual  cost  to  the  employers of members of the New York State
Teachers' Retirement System is estimated to be negligible if  this  bill
is enacted.
  Employee  data  is  from  the System's most recent actuarial valuation
files, consisting of data provided by the employers  to  the  Retirement
System.  Data  distributions and statistics can be found in the System's
Comprehensive Annual Financial  Report  (CAFR).  System  assets  are  as
reported  in the System's financial statements, and can also be found in
the CAFR. Actuarial assumptions and methods are provided in the System's
Actuarial Valuation Report.
  The source of this estimate is Fiscal Note 2014-35 dated June 9,  2014
prepared  by  the  Actuary  of  the  New York State Teachers' Retirement
System and is intended for use only during the 2014 Legislative Session.
I, Richard A. Young, am the Actuary for the  New  York  State  Teachers'
Retirement  System.  I  am a member of the American Academy of Actuaries
and I meet the Qualification Standards of the American Academy of  Actu-
aries to render the actuarial opinion contained herein.

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