Senate Bill S5676

                                 BILL NUMBER:  S5676A

 TITLE OF BILL :
An act in relation to deeming medical conditions developed by Stephen
Hess following September 11, 2001 a qualifying world trade center
condition


 PURPOSE :
To allow Stephen Hess, a former Emergency Medical Technician (EMT)
worker of the Fire Department of New York (FDNY), to reapply for the
World Trade Center pension.

 SUMMARY OF PROVISIONS :
Qualifies Stephen Hess for any retirement, pension or accidental
disability benefits based upon a qualifying World Trade Center
condition and through a written request with the New York City
Employees Retirement System (NYCERS) Medical Board. The definition of
a qualifying World Trade Center condition pertains to section 2,
subdivision 36, of the Retirement and Social Security Law.

 JUSTIFICATION :
On September 11, 2001, Stephen Hess, as part of the Hazardous
Materials Unit based on Staten Island, was sent to the World Trade
Center site before the first tower had fallen. After the first tower
fell, Mr. Hess went to retrieve his ambulance amongst the cloud of
              

dust and dirt that had developed.  Shortly thereafter, the second
tower had fell and a thicker cloud of dust and dirt was inhaled and
breathed by Mr. Hess.

For four hours that day, Mr. Hess was at the World Trade Center site
administrating medical care to pedestrians and those within the line
of duty and over the next several months, he would perform more than
ten tours of duty at the Staten Island Landfill, the designated site
of debris from the Twin Towers.

One week after 9/11, Mr. Hess developed a cough and within the next
couple of years, he developed obstructive lung disease, asthma, nasal
congestion, wheezing, a bulging disc (from constant strenuous
coughing), gastro esophageal reflux disease, reactive arthritis,
clinical depressions and post traumatic stress disorder. Doctors at
the FDNY determined that Mr. Hess was disabled and no longer able to
work. However, NYCERS determined Mr. Hess was not ill and therefore
not eligible for a disability pension - despite the proven conditions
that had developed within Mr. Hess during the aftermath of the World
Trade Center tragedy.

In July of 2006, Mr. Hess was notified by letter through the NYCERS
Board of Trustees that a resolution had been adopted to deny his
disability retirement application. Mr. Hess had went before the NYCERS
Medical Board numerous times, including court order dates, to both
validate and demonstrate tests he had performed to support his claim
of a continuing disability.

Following everything to the book for eligibility and for application
of retirement, pension and accidental disability benefits, Stephen
Hess should be deemed to have a qualifying World Trade Center
condition and have the right to re-file and apply for his due benefits
before the NYCERS Medical Board.

 PRIOR LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
According to NYCERS and The World Trade Center provision, or section
607(b) of the Retirement and Social Security law, a disability benefit
equal to 75% of the Final Average Salary (comprised of the final
thirty-six months or the greater of the average annual wages earned
during three consecutive calendar year periods) is available to
retirees subject to provisions within the Retirement and Social
Security law and the Administrative code of New York City.

Stephen Hess would be entitled to a $31,788.49 disability benefit per
year based on wage earnings including and through 2001-2003. His wage
earnings were $45,766.56, $43,138.21 and $38,209.21 from 2001-2003
respectively.

If this bill shall become law, Stephen Hess' disability benefits, upon
approval before the NYCERS Medical Board, will occur prospectively
beginning 2010.

 EFFECTIVE DATE :
This act shall take effect immediately and be eligible up to and
including December 31, 2009.