S. 5759--A 2
CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS AS DEFINED IN SECTION TWO
OF THE RETIREMENT AND SOCIAL SECURITY LAW, AND SUBSEQUENTLY RETIRED ON A
SERVICE RETIREMENT, AN ORDINARY DISABILITY RETIREMENT, AN ACCIDENTAL
DISABILITY RETIREMENT, A PERFORMANCE OF DUTY DISABILITY RETIREMENT, OR
WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF
A RETIREMENT ALLOWANCE AND SUBSEQUENT TO SUCH RETIREMENT OR SEPARATION
IS DETERMINED BY THE HEAD OF THE RETIREMENT SYSTEM TO HAVE A QUALIFYING
WORLD TRADE CENTER CONDITION, AS DEFINED IN SECTION TWO OF THE RETIRE-
MENT AND SOCIAL SECURITY LAW, UPON SUCH DETERMINATION BY THE RETIREMENT
BOARD, IT SHALL BE PRESUMED THAT SUCH DISABILITY WAS INCURRED IN THE
PERFORMANCE AND DISCHARGE OF DUTY AS THE NATURAL AND PROXIMATE RESULT OF
AN ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL NEGLIGENCE, AND THAT
THE MEMBER WOULD HAVE BEEN PHYSICALLY OR MENTALLY INCAPACITATED FOR THE
PERFORMANCE AND DISCHARGE OF DUTY OF THE POSITION FROM WHICH HE OR SHE
RETIRED OR VESTED HAD THE CONDITION BEEN KNOWN AND FULLY DEVELOPED AT
THE TIME OF THE MEMBER'S RETIREMENT OR SEPARATION FROM SERVICE WITH
VESTED RIGHTS, UNLESS THE CONTRARY IS PROVEN BY COMPETENT EVIDENCE.
(B) THE RETIREMENT BOARD SHALL CONSIDER A RECLASSIFICATION OF THE
MEMBER'S RETIREMENT OR VESTING AS AN ACCIDENTAL DISABILITY RETIREMENT
EFFECTIVE AS OF THE DATE OF SUCH RECLASSIFICATION.
(C) SUCH MEMBER'S RETIREMENT OPTION SHALL NOT BE CHANGED AS A RESULT
OF SUCH RECLASSIFICATION.
(D) THE MEMBER'S FORMER EMPLOYER AT THE TIME OF THE MEMBER'S RETIRE-
MENT SHALL HAVE AN OPPORTUNITY TO BE HEARD ON THE MEMBER'S APPLICATION
FOR RECLASSIFICATION BY THE RETIREMENT BOARD ACCORDING TO PROCEDURES
DEVELOPED BY THE RETIREMENT BOARD.
(E) THE RETIREMENT BOARD IS HEREBY AUTHORIZED TO PROMULGATE RULES AND
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
G. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY
GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR
REGULATION TO THE CONTRARY, IF A RETIREE OR VESTEE WHO: (1) HAS MET THE
CRITERIA OF SUBDIVISION F OF THIS SECTION AND RETIRED ON A SERVICE OR
DISABILITY RETIREMENT, WOULD HAVE MET THE CRITERIA IF NOT ALREADY
RETIRED ON AN ACCIDENTAL DISABILITY, OR WAS SEPARATED FROM SERVICE WITH
A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; AND (2)
HAS NOT BEEN RETIRED FOR MORE THAN TWENTY-FIVE YEARS; AND (3) DIES FROM
A QUALIFYING WORLD TRADE CENTER CONDITION, AS DEFINED IN SECTION TWO OF
THE RETIREMENT AND SOCIAL SECURITY LAW, AS DETERMINED BY THE APPLICABLE
HEAD OF THE RETIREMENT SYSTEM OR APPLICABLE MEDICAL BOARD, THEN UNLESS
THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH RETIREE OR VESTEE
SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF AN
ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
WILLFUL NEGLIGENCE ON HIS OR HER PART. SUCH RETIREE'S OR VESTEE'S ELIGI-
BLE BENEFICIARY, AS SET FORTH IN SECTION 13-544 OF THIS CHAPTER, SHALL
BE ENTITLED TO AN ACCIDENTAL DEATH BENEFIT AS PROVIDED BY SECTION 13-544
OF THIS CHAPTER, HOWEVER, FOR THE PURPOSES OF DETERMINING THE SALARY
BASE UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, THE RETIREE
OR VESTEE SHALL BE DEEMED TO HAVE DIED ON THE DATE OF HIS OR HER RETIRE-
MENT OR SEPARATION FROM SERVICE WITH VESTED RIGHTS. UPON THE RETIREE'S
OR VESTEE'S DEATH, THE ELIGIBLE BENEFICIARY SHALL MAKE A WRITTEN APPLI-
CATION TO THE HEAD OF THE RETIREMENT SYSTEM WITHIN THE TIME FOR FILING
AN APPLICATION FOR AN ACCIDENTAL DEATH BENEFIT AS SET FORTH IN SECTION
13-544 OF THIS CHAPTER REQUESTING CONVERSION OF SUCH RETIREE'S SERVICE,
VESTED RIGHT OR DISABILITY RETIREMENT BENEFIT TO AN ACCIDENTAL DEATH
BENEFIT. AT THE TIME OF SUCH CONVERSION, THE ELIGIBLE BENEFICIARY SHALL
RELINQUISH ALL RIGHTS TO THE PROSPECTIVE BENEFITS PAYABLE UNDER THE
S. 5759--A 3
SERVICE OR DISABILITY RETIREMENT BENEFIT, OR VESTED RIGHT TO SUCH BENE-
FIT, INCLUDING ANY POST-RETIREMENT DEATH BENEFITS, SINCE THE RETIREE'S
OR VESTEE'S DEATH. IF THE ELIGIBLE BENEFICIARY IS NOT THE ONLY BENEFICI-
ARY RECEIVING OR ENTITLED TO RECEIVE A BENEFIT UNDER THE SERVICE OR
DISABILITY RETIREMENT BENEFIT (INCLUDING, BUT NOT LIMITED TO, POST-RE-
TIREMENT DEATH BENEFITS OR BENEFITS PAID OR PAYABLE PURSUANT TO THE
RETIREE'S OPTION SELECTION), OR THAT WILL BE ELIGIBLE UNDER THE VESTED
RIGHT, THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO THE ELIGIBLE BENEFICIARY
WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE TO ANY OTHER BENEFICIARY.
H. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CODE OR OF ANY GENERAL,
SPECIAL OR LOCAL LAW, CHARTER, OR RULE OR REGULATION TO THE CONTRARY, IF
A MEMBER WHO: (1) HAS MET THE CRITERIA OF SUBDIVISION F OF THIS SECTION;
(2) DIES IN ACTIVE SERVICE OR AFTER SEPARATING FROM SERVICE WITH A VEST-
ED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE, BUT PRIOR TO
THE PAYABILITY OF THAT RETIREMENT ALLOWANCE; AND (3) DIES FROM A QUALI-
FYING WORLD TRADE CENTER CONDITION, AS DEFINED IN SECTION TWO OF THE
RETIREMENT AND SOCIAL SECURITY LAW, AS DETERMINED BY THE APPLICABLE HEAD
OF THE RETIREMENT SYSTEM OR APPLICABLE MEDICAL BOARD, THEN UNLESS THE
CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH MEMBER SHALL BE DEEMED TO
HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN
THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF WILLFUL NEGLIGENCE ON HIS
OR HER PART. SUCH MEMBER'S ELIGIBLE BENEFICIARY, AS SET FORTH IN SECTION
13-544 OF THIS CHAPTER, SHALL BE ENTITLED TO AN ACCIDENTAL DEATH BENEFIT
PROVIDED HE OR SHE MAKES WRITTEN APPLICATION TO THE HEAD OF THE RETIRE-
MENT SYSTEM WITHIN THE TIME FOR FILING AN APPLICATION FOR AN ACCIDENTAL
DEATH BENEFIT AS SET FORTH IN SECTION 13-544 OF THIS CHAPTER.
S 2. Subdivision 25 of section 2575 of the education law is amended by
adding four new paragraphs (c), (d), (e) and (f) to read as follows:
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
RULES AND REGULATIONS ADOPTED PURSUANT TO THIS SECTION SHALL BE DEEMED
TO BE AMENDED TO PROVIDE THAT ANY REQUIREMENT THAT APPLICATIONS FOR
ACCIDENTAL DISABILITY BE FILED WITHIN A LIMITED TIME PERIOD AFTER THE
HAPPENING OF SUCH ACCIDENT SHALL NOT APPLY TO A VESTED MEMBER INCAPACI-
TATED AS A RESULT OF A QUALIFYING WORLD TRADE CENTER CONDITION AS
DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW.
(D)(1)(I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
THE RULES AND REGULATIONS ADOPTED PURSUANT TO THIS SECTION SHALL BE
DEEMED TO BE AMENDED TO PROVIDE THAT IF ANY CONDITION OR IMPAIRMENT OF
HEALTH IS CAUSED BY A QUALIFYING WORLD TRADE CENTER CONDITION AS DEFINED
IN SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW, IT SHALL BE
PRESUMPTIVE EVIDENCE THAT IT WAS INCURRED IN THE PERFORMANCE AND
DISCHARGE OF DUTY AND THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT
NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL NEGLIGENCE, UNLESS THE CONTRARY
BE PROVED BY COMPETENT EVIDENCE.
(II) THE NEW YORK CITY BOARD OF EDUCATION RETIREMENT BOARD IS HEREBY
AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THE
PROVISIONS OF THIS PARAGRAPH.
(2)(I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
RULES AND REGULATIONS ADOPTED PURSUANT TO THIS SECTION SHALL BE DEEMED
TO BE AMENDED TO PROVIDE THAT IF A MEMBER WHO PARTICIPATED IN WORLD
TRADE CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS AS DEFINED IN
SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW, AND SUBSEQUENTLY
RETIRED ON A SERVICE RETIREMENT, AN ORDINARY DISABILITY RETIREMENT, AN
ACCIDENTAL DISABILITY RETIREMENT, A PERFORMANCE OF DUTY DISABILITY
RETIREMENT, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO
DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE AND SUBSEQUENT TO SUCH
S. 5759--A 4
RETIREMENT OR SEPARATION IS DETERMINED BY THE HEAD OF THE RETIREMENT
SYSTEM OR APPLICABLE MEDICAL BOARD TO HAVE A QUALIFYING WORLD TRADE
CENTER CONDITION, AS DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL
SECURITY LAW, UPON SUCH DETERMINATION BY THE NEW YORK CITY BOARD OF
EDUCATION RETIREMENT BOARD OR APPLICABLE MEDICAL BOARD, IT SHALL BE
PRESUMED THAT SUCH DISABILITY WAS INCURRED IN THE PERFORMANCE AND
DISCHARGE OF DUTY AS THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT NOT
CAUSED BY SUCH MEMBER'S OWN WILLFUL NEGLIGENCE, AND THAT THE MEMBER
WOULD HAVE BEEN PHYSICALLY OR MENTALLY INCAPACITATED FOR THE PERFORMANCE
AND DISCHARGE OF DUTY OF THE POSITION FROM WHICH HE OR SHE RETIRED OR
VESTED HAD THE CONDITION BEEN KNOWN AND FULLY DEVELOPED AT THE TIME OF
THE MEMBER'S RETIREMENT OR SEPARATION FROM SERVICE WITH VESTED RIGHTS,
UNLESS THE CONTRARY IS PROVEN BY COMPETENT EVIDENCE.
(II) THE NEW YORK CITY BOARD OF EDUCATION RETIREMENT BOARD SHALL
CONSIDER A RECLASSIFICATION OF THE MEMBER'S RETIREMENT OR VESTING AS AN
ACCIDENTAL DISABILITY RETIREMENT EFFECTIVE AS OF THE DATE OF SUCH
RECLASSIFICATION.
(III) SUCH MEMBER'S RETIREMENT OPTION SHALL NOT BE CHANGED AS A RESULT
OF SUCH RECLASSIFICATION.
(IV) THE MEMBER'S FORMER EMPLOYER AT THE TIME OF THE MEMBER'S RETIRE-
MENT SHALL HAVE AN OPPORTUNITY TO BE HEARD ON THE MEMBER'S APPLICATION
FOR RECLASSIFICATION BY THE NEW YORK CITY BOARD OF EDUCATION RETIREMENT
BOARD ACCORDING TO PROCEDURES DEVELOPED BY THE NEW YORK CITY BOARD OF
EDUCATION RETIREMENT BOARD.
(V) THE NEW YORK CITY BOARD OF EDUCATION RETIREMENT BOARD IS HEREBY
AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THE
PROVISIONS OF THIS PARAGRAPH.
(E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
RULES AND REGULATIONS ADOPTED PURSUANT TO THIS SECTION SHALL BE DEEMED
TO BE AMENDED TO PROVIDE THAT IF A RETIREE OR VESTEE WHO: (1) HAS MET
THE CRITERIA OF PARAGRAPH (D) OF THIS SUBDIVISION AND RETIRED ON A
SERVICE OR DISABILITY RETIREMENT, WOULD HAVE MET THE CRITERIA IF NOT
ALREADY RETIRED ON AN ACCIDENTAL DISABILITY, OR WAS SEPARATED FROM
SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT
ALLOWANCE; AND (2) HAS NOT BEEN RETIRED FOR MORE THAN TWENTY-FIVE YEARS;
AND (3) DIES FROM A QUALIFYING WORLD TRADE CENTER CONDITION, AS DEFINED
IN SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW, AS DETERMINED
BY THE APPLICABLE HEAD OF THE RETIREMENT SYSTEM OR APPLICABLE MEDICAL
BOARD, THEN UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH
RETIREE OR VESTEE SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXI-
MATE RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT
AS A RESULT OF WILLFUL NEGLIGENCE ON HIS OR HER PART. SUCH RETIREE'S OR
VESTEE'S ELIGIBLE BENEFICIARY, AS SET FORTH IN TITLE TWENTY-ONE OF THE
RULES AND REGULATION, SHALL BE ENTITLED TO AN ACCIDENTAL DEATH BENEFIT
AS PROVIDED BY TITLE TWENTY-ONE OF THE RULES AND REGULATIONS, HOWEVER,
FOR THE PURPOSES OF DETERMINING THE SALARY BASE UPON WHICH THE ACCI-
DENTAL DEATH BENEFIT IS CALCULATED, THE RETIREE OR VESTEE SHALL BE
DEEMED TO HAVE DIED ON THE DATE OF HIS OR HER RETIREMENT OR SEPARATION
FROM SERVICE WITH VESTED RIGHTS. UPON THE RETIREE'S OR VESTEE'S DEATH,
THE ELIGIBLE BENEFICIARY SHALL MAKE A WRITTEN APPLICATION TO THE HEAD OF
THE RETIREMENT SYSTEM WITHIN THE TIME FOR FILING AN APPLICATION FOR AN
ACCIDENTAL DEATH BENEFIT AS SET FORTH IN TITLE TWENTY-ONE OF THE RULES
AND REGULATIONS REQUESTING CONVERSION OF SUCH RETIREE'S SERVICE, VESTED
RIGHT OR DISABILITY RETIREMENT BENEFIT TO AN ACCIDENTAL DEATH BENEFIT.
AT THE TIME OF SUCH CONVERSION, THE ELIGIBLE BENEFICIARY SHALL RELIN-
QUISH ALL RIGHTS TO THE PROSPECTIVE BENEFITS PAYABLE UNDER THE SERVICE
S. 5759--A 5
OR DISABILITY RETIREMENT BENEFIT, OR VESTED RIGHT TO SUCH BENEFIT,
INCLUDING ANY POST-RETIREMENT DEATH BENEFITS, SINCE THE RETIREE'S OR
VESTEE'S DEATH. IF THE ELIGIBLE BENEFICIARY IS NOT THE ONLY BENEFICIARY
RECEIVING OR ENTITLED TO RECEIVE A BENEFIT UNDER THE SERVICE OR DISABIL-
ITY RETIREMENT BENEFIT (INCLUDING, BUT NOT LIMITED TO, POST-RETIREMENT
DEATH BENEFITS OR BENEFITS PAID OR PAYABLE PURSUANT TO THE RETIREE'S
OPTION SELECTION), OR THAT WILL BE ELIGIBLE UNDER THE VESTED RIGHT THE
ACCIDENTAL DEATH BENEFIT PAYMENTS TO THE ELIGIBLE BENEFICIARY WILL BE
REDUCED BY ANY AMOUNTS PAID OR PAYABLE TO ANY OTHER BENEFICIARY.
(F) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
RULES AND REGULATIONS ADOPTED PURSUANT TO THIS SECTION SHALL BE DEEMED
TO BE AMENDED TO PROVIDE THAT IF A MEMBER WHO: (1) HAS MET THE CRITERIA
OF PARAGRAPH (D) OF THIS SUBDIVISION; (2) DIES IN ACTIVE SERVICE OR
AFTER SEPARATING FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY
OF A RETIREMENT ALLOWANCE, BUT PRIOR TO THE PAYABILITY OF THAT RETIRE-
MENT ALLOWANCE; AND (3) DIES FROM A QUALIFYING WORLD TRADE CENTER CONDI-
TION, AS DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY
LAW, AS DETERMINED BY THE APPLICABLE HEAD OF THE RETIREMENT SYSTEM OR
APPLICABLE MEDICAL BOARD, THEN UNLESS THE CONTRARY BE PROVEN BY COMPE-
TENT EVIDENCE, SUCH MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND
PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND
NOT AS A RESULT OF WILLFUL NEGLIGENCE ON HIS OR HER PART. SUCH MEMBER'S
ELIGIBLE BENEFICIARY, AS SET FORTH IN TITLE TWENTY-ONE OF THE RULES AND
REGULATIONS SHALL BE ENTITLED TO AN ACCIDENTAL DEATH BENEFIT PROVIDED HE
OR SHE MAKES WRITTEN APPLICATION TO THE HEAD OF THE RETIREMENT SYSTEM AS
SET FORTH IN TITLE TWENTY-ONE OF THE RULES AND REGULATIONS.
S 3. Subparagraph (b) of paragraph 5 of subdivision b and subdivisions
c and d of section 13-168 of the administrative code of the city of New
York, as amended by chapter 489 of the laws of 2008, are amended to read
as follows:
(b) (1) Notwithstanding the provisions of this chapter or of any
general, special or local law, charter, administrative code or rule or
regulation to the contrary, if a member who participated in World Trade
Center rescue, recovery or cleanup operations as defined in section two
of the retirement and social security law, and subsequently retired on a
service retirement, an ordinary disability retirement, an accidental
disability retirement, [or] a performance of duty disability retirement,
OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY
OF A RETIREMENT ALLOWANCE and subsequent to such retirement OR SEPA-
RATION is determined by the board of trustees to have a qualifying World
Trade Center condition as defined by section two of the retirement and
social security law, upon such determination by the NYCERS board of
trustees, it shall be presumed that such disability was incurred in the
performance and discharge of duty as the natural and proximate result of
an accident not caused by such member's own willful negligence, and that
the member would have been physically or mentally incapacitated for the
performance and discharge of duty of the position from which he or she
retired OR VESTED had the condition been known and fully developed at
the time of the member's retirement OR SEPARATION FROM SERVICE WITH
VESTED RIGHTS, unless the contrary is proven by competent evidence.
(2) The NYCERS board of trustees shall consider a reclassification of
the member's retirement OR VESTING as an accidental disability retire-
ment effective as of the date of such reclassification.
(3) Such member's retirement option shall not be changed as a result
of such reclassification.
S. 5759--A 6
(4) The member's former employer at the time of the member's retire-
ment shall have an opportunity to be heard on the member's application
for reclassification by the NYCERS board of trustees according to proce-
dures developed by the retirement system.
c. Notwithstanding any other provision of this chapter or of any
general, special or local law, charter, administrative code or rule or
regulation to the contrary, if a retiree OR VESTEE who: (1) has met the
criteria of subdivision b of this section and retired on a service or
disability retirement, [or] would have met the criteria if not already
retired on an accidental disability, OR WAS SEPARATED FROM SERVICE WITH
A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; and (2)
has not been retired for more than twenty-five years; and (3) dies from
a qualifying World Trade Center condition as defined in section two of
the retirement and social security law, as determined by the applicable
head of the retirement system or applicable medical board, then unless
the contrary be proven by competent evidence, such retiree OR VESTEE
shall be deemed to have died as a natural and proximate result of an
accident sustained in the performance of duty and not as a result of
willful negligence on his or her part. Such retiree's OR VESTEE'S
eligible beneficiary, as set forth in section 13-149 of this chapter,
shall be entitled to an accidental death benefit as provided by section
13-149 of this chapter, however, for the purposes of determining the
salary base upon which the accidental death benefit is calculated, the
retiree OR VESTEE shall be deemed to have died on the date of his or her
retirement OR SEPARATION FROM SERVICE WITH VESTED RIGHTS. Upon the
retiree's OR VESTEE'S death, the eligible beneficiary shall make a writ-
ten application to the head of the retirement system within the time for
filing an application for an accidental death benefit as set forth in
section 13-149 of this chapter requesting conversion of such retiree's
service, VESTED RIGHT or disability retirement benefit to an accidental
death benefit. At the time of such conversion, the eligible beneficiary
shall relinquish all rights to the prospective benefits payable under
the service or disability retirement benefit, OR VESTED RIGHT TO SUCH
BENEFIT, including any post-retirement death benefits, since the
retiree's OR VESTEE'S death. If the eligible beneficiary is not the
only beneficiary receiving or entitled to receive a benefit under the
service or disability retirement benefit (including, but not limited to,
post-retirement death benefits or benefits paid or payable pursuant to
the retiree's option selection), OR THAT WILL BE ELIGIBLE UNDER THE
VESTED RIGHT, the accidental death benefit payments to the eligible
beneficiary will be reduced by any amounts paid or payable to any other
beneficiary.
d. Notwithstanding any other provision of this code or of any general,
special or local law, charter, or rule or regulation to the contrary, if
a member who: (1) has met the criteria of subdivision b of this section;
[and] (2) dies in active service OR AFTER SEPARATING FROM SERVICE WITH A
VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE, BUT PRIOR
TO THE PAYABILITY OF THAT RETIREMENT ALLOWANCE; AND (3) DIES from a
qualifying World Trade Center condition as defined in section two of the
retirement and social security law, as determined by the applicable head
of the retirement system or applicable medical board, then unless the
contrary be proven by competent evidence, such member shall be deemed to
have died as a natural and proximate result of an accident sustained in
the performance of duty and not as a result of willful negligence on his
or her part. Such member's eligible beneficiary, as set forth in
section 13-149 of this chapter, shall be entitled to an accidental death
S. 5759--A 7
benefit provided he or she makes written application to the head of the
retirement system within the time for filing an application for an acci-
dental death benefit as set forth in section 13-149 of this chapter.
S 4. Subdivisions 2, 3 and 4 of section 13-252.1 of the administrative
code of the city of New York, as amended by chapter 489 of the laws of
2008, are amended to read as follows:
2. (a) Notwithstanding the provisions of this chapter or of any gener-
al, special or local law, charter, administrative code or rule or regu-
lation to the contrary, if a member who participated in World Trade
Center rescue, recovery or cleanup operations as defined in section two
of the retirement and social security law, and subsequently retired on a
service retirement, an ordinary disability retirement, an accidental
disability retirement, [or] a performance of duty disability retirement,
OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY
OF A RETIREMENT ALLOWANCE and subsequent to such retirement OR SEPA-
RATION is determined by the [NYCFDPF] NYCPPF board of trustees to have a
qualifying World Trade Center condition, as defined in section two of
the retirement and social security law, upon such determination by the
[NYCFDPF] NYCPPF board of trustees, it shall be presumed that such disa-
bility was incurred in the performance and discharge of duty as the
natural and proximate result of an accident not caused by such member's
own willful negligence, and that the member would have been physically
or mentally incapacitated for the performance and discharge of duty of
the position from which he or she retired OR VESTED had the condition
been known and fully developed at the time of the member's retirement OR
SEPARATION FROM SERVICE WITH VESTED RIGHTS, unless the contrary is prov-
en by competent evidence.
(b) The NYCPPF board of trustees shall consider a reclassification of
the member's retirement OR VESTING as an accidental disability retire-
ment effective as of the date of such reclassification.
(c) Such member's retirement option shall not be changed as a result
of such reclassification.
(d) The member's former employer at the time of the member's retire-
ment shall have an opportunity to be heard on the member's application
for reclassification by the NYCPPF board of trustees according to proce-
dures developed by the NYCPPF board of trustees.
(e) The NYCPPF board of trustees is hereby authorized to promulgate
rules and regulations to implement the provisions of this paragraph.
3. Notwithstanding any other provision of this chapter or of any
general, special or local law, charter, administrative code or rule or
regulation to the contrary, if a retiree OR VESTEE who: (1) has met the
criteria of subdivision one of this section and retired on a service or
disability retirement, [or] would have met the criteria if not already
retired on an accidental disability, OR WAS SEPARATED FROM SERVICE WITH
A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; and (2)
has not been retired for more than twenty-five years; and (3) dies from
a qualifying World Trade Center condition, as defined in section two of
the retirement and social security law, as determined by the applicable
head of the retirement system or applicable medical board, then unless
the contrary be proven by competent evidence, such retiree OR VESTEE
shall be deemed to have died as a natural and proximate result of an
accident sustained in the performance of duty and not as a result of
willful negligence on his or her part. Such retiree's OR VESTEE'S
eligible beneficiary, as set forth in section 13-244 of this subchapter,
shall be entitled to an accidental death benefit as provided by section
13-244 of this subchapter, however, for the purposes of determining the
S. 5759--A 8
salary base upon which the accidental death benefit is calculated, the
retiree OR VESTEE shall be deemed to have died on the date of his or her
retirement OR SEPARATION FROM SERVICE WITH VESTED RIGHTS. Upon the
retiree's OR VESTEE'S death, the eligible beneficiary shall make a writ-
ten application to the head of the retirement system within the time for
filing an application for an accidental death benefit as set forth in
section 13-244 of this subchapter requesting conversion of such
retiree's service, VESTED RIGHT or disability retirement benefit to an
accidental death benefit. At the time of such conversion, the eligible
beneficiary shall relinquish all rights to the prospective benefits
payable under the service or disability retirement benefit, OR VESTED
RIGHT TO SUCH BENEFIT, including any post-retirement death benefits,
since the retiree's OR VESTEE'S death. If the eligible beneficiary is
not the only beneficiary receiving or entitled to receive a benefit
under the service or disability retirement benefit (including, but not
limited to, post-retirement death benefits or benefits paid or payable
pursuant to the retiree's option selection), OR THAT WILL BE ELIGIBLE
UNDER THE VESTED RIGHT, the accidental death benefit payments to the
eligible beneficiary will be reduced by any amounts paid or payable to
any other beneficiary.
4. Notwithstanding any other provision of this code or of any general,
special or local law, charter, or rule or regulation to the contrary, if
a member who: (1) has met the criteria of subdivision one of this
section; [and] (2) dies in active service OR AFTER SEPARATING FROM
SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT
ALLOWANCE, BUT PRIOR TO THE PAYABILITY OF THAT RETIREMENT ALLOWANCE; AND
(3) DIES from a qualifying World Trade Center condition, as defined in
section two of the retirement and social security law, as determined by
the applicable head of the retirement system or applicable medical board
to have been caused by such member's participation in the World Trade
Center rescue, recovery or cleanup operations, as defined in section two
of the retirement and social security law, then unless the contrary be
proven by competent evidence, such member shall be deemed to have died
as a natural and proximate result of an accident sustained in the
performance of duty and not as a result of willful negligence on his or
her part. Such member's eligible beneficiary, as set forth in section
13-244 of this subchapter, shall be entitled to an accidental death
benefit provided he or she makes written application to the head of the
retirement system within the time for filing an application for an acci-
dental death benefit as set forth in section 13-244 of this subchapter.
S 5. Subdivisions 2, 3 and 4 of section 13-353.1 of the administrative
code of the city of New York, as amended by chapter 489 of the laws of
2008, are amended to read as follows:
2. (a) Notwithstanding the provisions of this chapter or of any gener-
al, special or local law, charter, administrative code or rule or regu-
lation to the contrary, if a member who participated in World Trade
Center rescue, recovery or cleanup operations as defined in section two
of the retirement and social security law, and subsequently retired on a
service retirement, an ordinary disability retirement, an accidental
disability retirement, [or] a performance of duty disability retirement,
OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY
OF A RETIREMENT ALLOWANCE and subsequent to such retirement OR SEPA-
RATION is determined by the head of the retirement system to have a
qualifying World Trade Center condition, as defined in section two of
the retirement and social security law, upon such determination by the
NYCFDPF board of trustees, it shall be presumed that such disability was
S. 5759--A 9
incurred in the performance and discharge of duty as the natural and
proximate result of an accident not caused by such member's own willful
negligence, and that the member would have been physically or mentally
incapacitated for the performance and discharge of duty of the position
from which he or she retired OR VESTED had the condition been known and
fully developed at the time of the member's retirement OR SEPARATION
FROM SERVICE WITH VESTED RIGHTS, unless the contrary is proven by compe-
tent evidence.
(b) The NYCFDPF shall consider a reclassification of the member's
retirement OR VESTING as an accidental disability retirement effective
as of the date of such reclassification.
(c) Such member's retirement option shall not be changed as a result
of such reclassification.
(d) The member's former employer at the time of the member's retire-
ment shall have an opportunity to be heard on the member's application
for reclassification by the NYCFDPF board of trustees according to
procedures developed by the NYCFDPF.
(e) The NYCFDPF board of trustees is hereby authorized to promulgate
rules and regulations to implement the provisions of this paragraph.
3. Notwithstanding any other provision of this chapter or of any
general, special or local law, charter, administrative code or rule or
regulation to the contrary, if a retiree OR VESTEE who: (1) has met the
criteria of subdivision one of this section and retired on a service or
disability retirement, [or] would have met the criteria if not already
retired on an accidental disability, OR WAS SEPARATED FROM SERVICE WITH
A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; and (2)
has not been retired for more than twenty-five years; and (3) dies from
a qualifying World Trade Center condition, as defined in section two of
the retirement and social security law, as determined by the applicable
head of the retirement system or applicable medical board, then unless
the contrary be proven by competent evidence, such retiree OR VESTEE
shall be deemed to have died as a natural and proximate result of an
accident sustained in the performance of duty and not as a result of
willful negligence on his or her part. Such retiree's OR VESTEE'S
eligible beneficiary, as set forth in section 13-347 of this subchapter,
shall be entitled to an accidental death benefit as provided by sections
13-347 and 13-348 of this subchapter, however, for the purposes of
determining the salary base upon which the accidental death benefit is
calculated, the retiree OR VESTEE shall be deemed to have died on the
date of his or her retirement OR SEPARATION FROM SERVICE WITH VESTED
RIGHTS. Upon the retiree's OR VESTEE'S death, the eligible beneficiary
shall make a written application to the head of the retirement system
within the time for filing an application for an accidental death bene-
fit as set forth in sections 13-347 and 13-348 of this subchapter
requesting conversion of such retiree's service, VESTED RIGHT or disa-
bility retirement benefit to an accidental death benefit. At the time of
such conversion, the eligible beneficiary shall relinquish all rights to
the prospective benefits payable under the service or disability retire-
ment benefit OR VESTED RIGHT TO SUCH BENEFIT, including any post-retire-
ment death benefits, since the retiree's OR VESTEE'S death. If the
eligible beneficiary is not the only beneficiary receiving or entitled
to receive a benefit under the service or disability retirement benefit
(including, but not limited to, post-retirement death benefits or bene-
fits paid or payable pursuant to the retiree's option selection), OR
THAT WILL BE ELIGIBLE UNDER THE VESTED RIGHT the accidental death bene-
S. 5759--A 10
fit payments to the eligible beneficiary will be reduced by any amounts
paid or payable to any other beneficiary.
4. Notwithstanding any other provision of this code or of any general,
special or local law, charter, or rule or regulation to the contrary, if
a member who: (1) has met the criteria of subdivision one of this
section; [and] (2) dies in active service OR AFTER SEPARATING FROM
SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT
ALLOWANCE, BUT PRIOR TO THE PAYABILITY OF THAT RETIREMENT ALLOWANCE; AND
(3) DIES from a qualifying World Trade Center condition, as defined in
section two of the retirement and social security law, as determined by
the applicable head of the retirement system or applicable medical
board, then unless the contrary be proven by competent evidence, such
member shall be deemed to have died as a natural and proximate result of
an accident sustained in the performance of duty and not as a result of
willful negligence on his or her part. Such member's eligible benefici-
ary, as set forth in section 13-347 of this subchapter, shall be enti-
tled to an accidental death benefit provided he or she makes written
application to the head of the retirement system within the time for
filing an application for an accidental death benefit as set forth in
section 13-347 of this subchapter.
S 6. Paragraph 2 of subdivision c and subdivisions d and e of section
507-c of the retirement and social security law, as amended by chapter
489 of the laws of 2008, are amended to read as follows:
2. (a) Notwithstanding the provisions of this chapter or of any gener-
al, special or local law, charter, administrative code or rule or regu-
lation to the contrary, if a member who participated in World Trade
Center rescue, recovery or cleanup operations, as defined in section two
of this chapter, and subsequently retired on a service retirement, an
ordinary disability retirement [or], a performance of duty disability
retirement, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO
DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE and subsequent to such
retirement OR SEPARATION which is determined by the head of the retire-
ment system to have been a qualifying World Trade Center condition, as
defined in section two of this chapter, upon such determination by the
head of the retirement system, it shall be presumed that such disability
was incurred in the performance and discharge of duty as the natural and
proximate result of an accident not caused by such member's own willful
negligence, and that the member would have been physically or mentally
incapacitated for the performance and discharge of duty of the position
from which he or she retired OR VESTED had the condition been known and
fully developed at the time of the member's retirement OR SEPARATION
FROM SERVICE WITH VESTED RIGHTS, unless the contrary is proved by compe-
tent evidence.
(b) The head of the retirement system shall consider a reclassifica-
tion of the member's retirement OR VESTING as an accidental disability
retirement effective as of the date of such reclassification.
(c) Such member's retirement option shall not be changed as a result
of such reclassification.
(d) The member's former employer at the time of the member's retire-
ment shall have an opportunity to be heard on the member's application
for reclassification by the head of the retirement system according to
procedures developed by the head of the retirement system.
(e) The head of the retirement system is hereby authorized to promul-
gate rules and regulations to implement the provisions of this para-
graph.
S. 5759--A 11
d. Notwithstanding any other provision of this chapter or of any
general, special or local law, charter, administrative code or rule or
regulation to the contrary, if a retiree OR VESTEE who: (1) has met the
criteria of subdivision c of this section and retired on a service or
disability retirement, [or] would have met the criteria if not already
retired on an accidental disability, OR WAS SEPARATED FROM SERVICE WITH
A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; and (2)
has not been retired for more than twenty-five years; and (3) dies from
a qualifying World Trade center condition, as defined in section two of
this chapter, that is determined by the applicable head of the retire-
ment system or applicable medical board, then unless the contrary be
proven by competent evidence, such retiree OR VESTEE shall be deemed to
have died as a natural and proximate result of an accident sustained in
the performance of duty and not as a result of willful negligence on his
or her part. Such retiree's OR VESTEE'S eligible beneficiary, as set
forth in section five hundred one of this article, shall be entitled to
an accidental death benefit as provided by section five hundred nine of
this article, however, for the purposes of determining the salary base
upon which the accidental death benefit is calculated, the retiree OR
VESTEE shall be deemed to have died on the date of his or her retirement
OR SEPARATION FROM SERVICE WITH VESTED RIGHTS. Upon the retiree's OR
VESTEE'S death, the eligible beneficiary shall make a written applica-
tion to the head of the retirement system within the time for filing an
application for an accidental death benefit as set forth in section five
hundred nine of this article requesting conversion of such retiree's
service, VESTED RIGHT or disability retirement benefit to an accidental
death benefit. At the time of such conversion, the eligible beneficiary
shall relinquish all rights to the prospective benefits payable under
the service or disability retirement benefit, OR VESTED RIGHT TO SUCH
BENEFIT, including any post-retirement death benefits, since the
retiree's OR VESTEE'S death. If the eligible beneficiary is not the
only beneficiary receiving or entitled to receive a benefit under the
service or disability retirement benefit (including, but not limited to,
post-retirement death benefits or benefits paid or payable pursuant to
the retiree's option selection), OR THAT WILL BE ELIGIBLE UNDER THE
VESTED RIGHT the accidental death benefit payments to the eligible bene-
ficiary will be reduced by any amounts paid or payable to any other
beneficiary.
e. Notwithstanding any other provision of this chapter or of any
general, special or local law, charter, administrative code or rule or
regulation to the contrary, if a member who: (1) has met the criteria of
subdivision c of this section; [and] (2) dies in active service OR AFTER
SEPARATING FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A
RETIREMENT ALLOWANCE, BUT PRIOR TO THE PAYABILITY OF THAT RETIREMENT
ALLOWANCE; AND (3) DIES from a qualifying World Trade Center condition,
as defined in section two of this chapter, that is determined by the
applicable head of the retirement system or applicable medical board,
then unless the contrary be proven by competent evidence, such member
shall be deemed to have died as a natural and proximate result of an
accident sustained in the performance of duty and not as a result of
willful negligence on his or her part. Such member's eligible benefici-
ary, as set forth in section five hundred one of this article, shall be
entitled to an accidental death benefit provided he or she makes written
application to the head of the retirement system within the time for
filing an application for an accidental death benefit as set forth in
section five hundred nine of this article.
S. 5759--A 12
S 7. Paragraph 2 of subdivision d and subdivisions e and f of section
605-b of the retirement and social security law, as amended by chapter
489 of the laws of 2008, are amended to read as follows:
2. (a) Notwithstanding the provisions of this chapter or of any gener-
al, special or local law, charter, administrative code or rule or regu-
lation to the contrary, if a member who participated in World Trade
Center rescue, recovery or cleanup operations, as defined in section two
of this chapter, and subsequently retired on a service retirement, an
ordinary disability retirement [or], a performance of duty disability
retirement, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO
DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE and subsequent to such
retirement OR SEPARATION which is determined by the head of the retire-
ment system to have a qualifying World Trade Center condition, as
defined in section two of this chapter, upon such determination by the
head of the retirement system it shall be presumed that such disability
was incurred in the performance and discharge of duty as the natural and
proximate result of an accident not caused by such member's own willful
negligence, and that the member would have been physically or mentally
incapacitated for the performance and discharge of duty of the position
from which he or she retired had the condition been known and fully
developed at the time of the member's retirement, unless the contrary is
proven by competent evidence.
(b) The head of the retirement system shall consider a reclassifica-
tion of the member's retirement OR VESTING as an accidental disability
retirement effective as of the date of such reclassification.
(c) Such member's retirement option shall not be changed as a result
of such reclassification.
(d) The member's former employer at the time of the member's retire-
ment shall have an opportunity to be heard on the member's application
for reclassification by the head of the retirement system according to
procedures developed by the head of the retirement system.
(e) The head of the retirement system is hereby authorized to promul-
gate rules and regulations to implement the provisions of this para-
graph.
e. Notwithstanding any other provision of this chapter or of any
general, special or local law, charter, administrative code or rule or
regulation to the contrary, if a retiree OR VESTEE who: (1) has met the
criteria of subdivision d of this section and retired on a service or
disability retirement, [or] would have met the criteria if not already
retired on an accidental disability, OR WAS SEPARATED FROM SERVICE WITH
A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; and (2)
has not been retired for more than twenty-five years; and (3) dies from
a qualifying World Trade Center condition, as defined in section two of
this chapter, as determined by the applicable head of the retirement
system or applicable medical board, then unless the contrary be proven
by competent evidence, such retiree OR VESTEE shall be deemed to have
died as a natural and proximate result of an accident sustained in the
performance of duty and not as a result of willful negligence on his or
her part. Such retiree's OR VESTEE'S eligible beneficiary, as set forth
in section six hundred one of this article, shall be entitled to an
accidental death benefit as provided by section six hundred seven of
this article, however, for the purposes of determining the salary base
upon which the accidental death benefit is calculated, the retiree OR
VESTEE shall be deemed to have died on the date of his or her retirement
OR SEPARATION FROM SERVICE WITH VESTED RIGHTS. Upon the retiree's OR
VESTEE'S death, the eligible beneficiary shall make a written applica-
S. 5759--A 13
tion to the head of the retirement system within the time for filing an
application for an accidental death benefit as set forth in section six
hundred seven of this article requesting conversion of such retiree's OR
VESTEE'S service or disability retirement benefit to an accidental death
benefit. At the time of such conversion, the eligible beneficiary shall
relinquish all rights to the prospective benefits payable under the
service or disability retirement benefit, OR VESTED RIGHT TO SUCH BENE-
FIT, including any post-retirement death benefits, since the retiree's
OR VESTEE'S death. If the eligible beneficiary is not the only benefi-
ciary receiving or entitled to receive a benefit under the service or
disability retirement benefit (including, but not limited to, post-re-
tirement death benefits or benefits paid or payable pursuant to the
retiree's option selection), OR THAT WILL BE ELIGIBLE UNDER THE VESTED
RIGHT, the accidental death benefit payments to the eligible beneficiary
will be reduced by any amounts paid or payable to any other beneficiary.
f. Notwithstanding any other provision of this chapter or of any
general, special or local law, charter, administrative code or rule or
regulation to the contrary, if a member who: (1) has met the criteria of
subdivision d of this section; [and] (2) dies in active service OR AFTER
SEPARATING FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A
RETIREMENT ALLOWANCE, BUT PRIOR TO THE PAYABILITY OF THAT RETIREMENT
ALLOWANCE; AND (3) DIES from a qualifying World Trade Center condition,
as defined in section two of this chapter, as determined by the applica-
ble head of the retirement system or applicable medical board to have
been caused by such member's participation in the World Trade Center
rescue, recovery or cleanup operations, as defined in section two of
this chapter, then unless the contrary be proven by competent evidence,
such member shall be deemed to have died as a natural and proximate
result of an accident sustained in the performance of duty and not as a
result of willful negligence on his or her part. Such member's eligible
beneficiary, as set forth in section six hundred one of this article,
shall be entitled to an accidental death benefit provided he or she
makes written application to the head of the retirement system within
the time for filing an application for an accidental death benefit as
set forth in section six hundred seven of this article.
S 8. Paragraph 2 of subdivision b and subdivisions c and d of section
605-c of the retirement and social security law, as amended by chapter
489 of the laws of 2008, are amended to read as follows:
2. (a) Notwithstanding the provisions of this chapter or of any gener-
al, special or local law, charter, administrative code or rule or regu-
lation to the contrary, if a member who participated in World Trade
Center rescue, recovery or cleanup operations as defined in section two
of this chapter, and subsequently retired on a service retirement, an
ordinary disability retirement [or], a performance of duty disability
retirement, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO
DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE and subsequent to such
retirement OR SEPARATION is determined by the head of the retirement
system to have a qualifying World Trade Center condition as defined in
section two of this chapter, upon such determination by the head of the
retirement system, it shall be presumed that such disability was
incurred in the performance and discharge of duty as the natural and
proximate result of an accident not caused by such member's own willful
negligence, and that the member would have been physically or mentally
incapacitated for the performance and discharge of duty of the position
from which he or she retired had the condition been known and fully
S. 5759--A 14
developed at the time of the member's retirement, unless the contrary is
proven by competent evidence.
(b) The head of the retirement system shall consider a reclassifica-
tion of the member's retirement OR VESTING as an accidental disability
retirement effective as of the date of such reclassification.
(c) Such member's retirement option shall not be changed as a result
of such reclassification.
(d) The member's former employer at the time of the member's retire-
ment shall have an opportunity to be heard on the member's application
for reclassification by the head of the retirement system according to
procedures developed by the comptroller.
(e) The head of the retirement system is hereby authorized to promul-
gate rules and regulations to implement the provisions of this para-
graph.
c. Notwithstanding any other provision of this chapter or of any
general, special or local law, charter, administrative code or rule or
regulation to the contrary, if a retiree OR VESTEE who: (1) has met the
criteria of subdivision b of this section and retired on a service or
disability retirement, [or] would have met the criteria if not already
retired on an accidental disability, OR WAS SEPARATED FROM SERVICE WITH
A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; and (2)
has not been retired for more than twenty-five years; and (3) dies from
a qualifying World Trade Center condition as defined in section two of
this chapter, as determined by the applicable head of the retirement
system or applicable medical board, then unless the contrary be proven
by competent evidence, such retiree OR VESTEE shall be deemed to have
died as a natural and proximate result of an accident sustained in the
performance of duty and not as a result of willful negligence on his or
her part. Such retiree's OR VESTEE'S eligible beneficiary, as set forth
in section six hundred one of this article, shall be entitled to an
accidental death benefit as provided by section six hundred seven of
this article, however, for the purposes of determining the salary base
upon which the accidental death benefit is calculated, the retiree OR
VESTEE shall be deemed to have died on the date of his or her retirement
OR SEPARATION FROM SERVICE WITH VESTED RIGHTS. Upon the retiree's OR
VESTEE'S death, the eligible beneficiary shall make a written applica-
tion to the head of the retirement system within the time for filing an
application for an accidental death benefit as set forth in section six
hundred seven of this article requesting conversion of such retiree's
service, VESTED RIGHT or disability retirement benefit to an accidental
death benefit. At the time of such conversion, the eligible beneficiary
shall relinquish all rights to the prospective benefits payable under
the service or disability retirement benefit, OR VESTED RIGHT TO SUCH
BENEFIT, including any post-retirement death benefits, since the
retiree's OR VESTEE'S death. If the eligible beneficiary is not the
only beneficiary receiving or entitled to receive a benefit under the
service or disability retirement benefit (including, but not limited to,
post-retirement death benefits or benefits paid or payable pursuant to
the retiree's option selection), OR THAT WILL BE ELIGIBLE UNDER THE
VESTED RIGHT, the accidental death benefit payments to the eligible
beneficiary will be reduced by any amounts paid or payable to any other
beneficiary.
d. Notwithstanding any other provision of this chapter or of any
general, special or local law, charter, administrative code or rule or
regulation to the contrary, if a member who: (1) has met the criteria of
subdivision b of this section; [and] (2) dies in active service OR AFTER
S. 5759--A 15
SEPARATING FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A
RETIREMENT ALLOWANCE, BUT PRIOR TO THE PAYABILITY OF THAT RETIREMENT
ALLOWANCE; AND (3) DIES from a qualifying World Trade Center condition,
as defined in section two of this chapter, as determined by the applica-
ble head of the retirement system or applicable medical board to have
been caused by such member's participation in the World Trade Center
rescue, recovery or cleanup operations, as defined in section two of
this chapter, then unless the contrary be proven by competent evidence,
such member shall be deemed to have died as a natural and proximate
result of an accident sustained in the performance of duty and not as a
result of willful negligence on his or her part. Such member's eligible
beneficiary, as set forth in section six hundred one of this article,
shall be entitled to an accidental death benefit provided he or she
makes written application to the head of the retirement system within
the time for filing an application for an accidental death benefit as
set forth in section six hundred seven of this article.
S 9. Paragraph 2 of subdivision c and subdivisions d and e of section
607-b of the retirement and social security law, as amended by chapter
489 of the laws of 2008, are amended to read as follows:
2. (a) Notwithstanding the provisions of this chapter or of any gener-
al, special or local law, charter, administrative code or rule or regu-
lation to the contrary, if a member who participated in World Trade
Center rescue, recovery or cleanup operations as defined in section two
of this chapter, and subsequently retired on a service retirement, an
ordinary disability retirement [or], a performance of duty disability
retirement, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO
DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE, and subsequent to such
retirement OR SEPARATION is determined by the comptroller to have a
qualifying World Trade Center condition, as defined in section two of
this chapter, upon such determination by the head of the retirement
system, it shall be presumed that such disability was incurred in the
performance and discharge of duty as the natural and proximate result of
an accident not caused by such member's own willful negligence, and that
the member would have been physically or mentally incapacitated for the
performance and discharge of duty of the position from which he or she
retired had the condition been known and fully developed at the time of
the member's retirement, unless the contrary is proven by competent
evidence.
(b) The head of the retirement system shall consider a reclassifica-
tion of the member's retirement OR VESTING as an accidental disability
retirement effective as of the date of such reclassification.
(c) Such member's retirement option shall not be changed as a result
of such reclassification.
(d) The member's former employer at the time of the member's retire-
ment shall have an opportunity to be heard on the member's application
for reclassification by the NYCERS board of trustees according to proce-
dures developed by the NYCERS board of trustees.
(e) The head of each retirement system is hereby authorized to promul-
gate rules and regulations to implement the provisions of this para-
graph.
d. Notwithstanding any other provision of this chapter or of any
general, special or local law, charter, administrative code or rule or
regulation to the contrary, if a retiree OR VESTEE who: (1) has met the
criteria of subdivision c of this section and retired on a service or
disability retirement, [or] would have met the criteria if not already
retired on an accidental disability, OR WAS SEPARATED FROM SERVICE WITH
S. 5759--A 16
A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; and (2)
has not been retired for more than twenty-five years; and (3) dies from
a qualifying World Trade Center condition, as defined in section two of
this chapter, as determined by the applicable head of the retirement
system or applicable medical board, then unless the contrary be proven
by competent evidence, such retiree OR VESTEE shall be deemed to have
died as a natural and proximate result of an accident sustained in the
performance of duty and not as a result of willful negligence on his or
her part. Such retiree's OR VESTEE'S eligible beneficiary, as set forth
in section six hundred one of this article, shall be entitled to an
accidental death benefit as provided by section six hundred seven of
this article, however, for the purposes of determining the salary base
upon which the accidental death benefit is calculated, the retiree OR
VESTEE shall be deemed to have died on the date of his or her retirement
OR SEPARATION FROM SERVICE WITH VESTED RIGHTS. Upon the retiree's OR
VESTEE'S death, the eligible beneficiary shall make a written applica-
tion to the head of the retirement system within the time for filing an
application for an accidental death benefit as set forth in section six
hundred seven of this article requesting conversion of such retiree's
service, VESTED RIGHT or disability retirement benefit to an accidental
death benefit. At the time of such conversion, the eligible beneficiary
shall relinquish all rights to the prospective benefits payable under
the service or disability retirement benefit, OR VESTED RIGHT TO SUCH
BENEFIT, including any post-retirement death benefits, since the
retiree's OR VESTEE'S death. If the eligible beneficiary is not the
only beneficiary receiving or entitled to receive a benefit under the
service or disability retirement benefit (including, but not limited to,
post-retirement death benefits or benefits paid or payable pursuant to
the retiree's option selection), OR THAT WILL BE ELIGIBLE UNDER THE
VESTED RIGHT, the accidental death benefit payments to the eligible
beneficiary will be reduced by any amounts paid or payable to any other
beneficiary.
e. Notwithstanding any other provision of this chapter or of any
general, special or local law, charter, administrative code or rule or
regulation to the contrary, if a member who: (1) has met the criteria of
subdivision c of this section; [and] (2) dies in active service OR AFTER
SEPARATING FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A
RETIREMENT ALLOWANCE, BUT PRIOR TO THE PAYABILITY OF THAT RETIREMENT
ALLOWANCE; AND (3) DIES from a qualifying World Trade Center condition,
as defined in section two of this chapter, as determined by the applica-
ble head of the retirement system or applicable medical board to have
been caused by such member's participation in the World Trade Center
rescue, recovery or cleanup operations, as defined in [subparagraph (d)
of paragraph one of subdivision c of this section] SECTION TWO OF THIS
CHAPTER, then unless the contrary be proven by competent evidence, such
member shall be deemed to have died as a natural and proximate result of
an accident sustained in the performance of duty and not as a result of
willful negligence on his or her part. Such member's eligible benefici-
ary, as set forth in section six hundred one of this article, shall be
entitled to an accidental death benefit provided he or she makes written
application to the head of the retirement system within the time for
filing an application for an accidental death benefit as set forth in
section six hundred seven of this article.
S 10. Subdivision 3 of section 161 of the workers' compensation law,
as added by chapter 446 of the laws of 2006, is amended to read as
follows:
S. 5759--A 17
3. "Qualifying condition" means any [latent disease or condition] OF
THE FOLLOWING DISEASES OR CONDITIONS resulting from a hazardous exposure
during participation in World Trade Center rescue, recovery or clean-up
operations:
(A) DISEASES OF THE UPPER RESPIRATORY TRACT AND MUCOSAE, INCLUDING
CONDITIONS SUCH AS CONJUNCTIVITIS, RHINITIS, SINUSITIS, PHARYNGITIS,
LARYNGITIS, VOCAL CORD DISEASE, UPPER AIRWAY HYPER-REACTIVITY AND
TRACHEO-BRONCHITIS, OR A COMBINATION OF SUCH CONDITIONS;
(B) DISEASES OF THE LOWER RESPIRATORY TRACT, INCLUDING BUT NOT LIMITED
TO BRONCHITIS, ASTHMA, REACTIVE AIRWAY DYSFUNCTION SYNDROME, AND DIFFER-
ENT TYPES OF PNEUMONITIS, SUCH AS HYPERSENSITIVITY, GRANULOMATOUS, OR
EOSINOPHILIC;
(C) DISEASES OF THE GASTROESOPHAGEAL TRACT, INCLUDING ESOPHAGITIS AND
REFLUX DISEASE, EITHER ACUTE OR CHRONIC, CAUSED BY EXPOSURE OR AGGRA-
VATED BY EXPOSURE;
(D) DISEASES OF THE PSYCHOLOGICAL AXIS, INCLUDING POST-TRAUMATIC
STRESS DISORDER, ANXIETY, DEPRESSION, OR ANY COMBINATION OF SUCH CONDI-
TIONS; OR
(E) NEW ONSET DISEASES RESULTING FROM EXPOSURE AS SUCH DISEASES OCCUR
IN THE FUTURE INCLUDING CANCER, CHRONIC OBSTRUCTIVE PULMONARY DISEASE,
ASBESTOS-RELATED DISEASE, HEAVY METAL POISONING, MUSCULOSKELETAL DISEASE
AND CHRONIC PSYCHOLOGICAL DISEASE.
S 11. Section 162 of the workers' compensation law, as amended by
chapter 489 of the laws of 2008, is amended to read as follows:
S 162. Registration of participation in World Trade Center rescue,
recovery and clean-up operations. In order for the claim of a partic-
ipant in World Trade Center rescue, recovery and clean-up operations to
come within the application of this article, such participant must file
a written and sworn statement with the board on a form promulgated by
the chair indicating the dates and locations of such participation and
the name of such participant's employer during the period of partic-
ipation. Such statement must be filed not later than September eleventh,
two thousand [ten] FOURTEEN. The board shall transmit a copy of such
statement to the employer or carrier named therein. The filing of such a
statement shall not be considered the filing of a claim for benefits
under this chapter.
S 12. Section 165 of the workers' compensation law, as added by chap-
ter 446 of the laws of 2006, is amended to read as follows:
S 165. Reopening of disallowed claims. The board, upon receiving a
statement duly filed as required under section one hundred sixty-two of
this article, from a participant in World Trade Center rescue, recovery
and clean-up operations for a qualifying condition that was disallowed
as barred by section eighteen or section twenty-eight of this chapter OR
BY SECTION ONE HUNDRED SIXTY-TWO OF THIS ARTICLE FOR FAILURE TO REGISTER
TIMELY shall reopen and redetermine such claim in accordance with the
provisions of this article, provided that no such previously disallowed
claim for a qualifying condition shall be determined to have a date of
disablement that would bar the claim under section eighteen or section
twenty-eight of this chapter.
S 13. Section 168 of the workers' compensation law, as added by chap-
ter 489 of the laws of 2008, is amended to read as follows:
S 168. Additional period for filing certain claims. 1. A claim by a
participant in the World Trade Center rescue, recovery or cleanup oper-
ations whose disablement occurred between September eleventh, two thou-
sand three, and September eleventh, two thousand eight, shall not be
disallowed as barred by section eighteen or section twenty-eight of this
S. 5759--A 18
chapter if such claim is filed on or before September eleven, two thou-
sand ten. Any such claim by a participant in the World Trade Center
rescue, recovery or cleanup operations whose disablement occurred
between September eleventh, two thousand three, and September eleventh,
two thousand eight, and was disallowed by section eighteen or twenty-
eight of this chapter shall be reconsidered by the board.
2. A CLAIM BY A PARTICIPANT IN THE WORLD TRADE CENTER RESCUE, RECOVERY
OR CLEANUP OPERATIONS WHOSE DISABLEMENT OCCURRED BETWEEN SEPTEMBER
TWELFTH, TWO THOUSAND EIGHT, AND SEPTEMBER ELEVENTH, TWO THOUSAND
TWELVE, SHALL NOT BE DISALLOWED AS BARRED BY SECTION EIGHTEEN OR SECTION
TWENTY-EIGHT OF THIS CHAPTER IF SUCH CLAIM IS FILED ON OR BEFORE SEPTEM-
BER ELEVENTH, TWO THOUSAND FOURTEEN. ANY SUCH CLAIM BY A PARTICIPANT IN
THE WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS WHOSE
DISABLEMENT OCCURRED BETWEEN SEPTEMBER ELEVENTH, TWO THOUSAND EIGHT, AND
SEPTEMBER ELEVENTH, TWO THOUSAND TWELVE, AND WAS DISALLOWED BY SECTION
EIGHTEEN OR TWENTY-EIGHT OF THIS CHAPTER SHALL BE RECONSIDERED BY THE
BOARD.
S 14. Paragraph (a) of subdivision 36 of section 2 of the retirement
and social security law, as added by chapter 489 of the laws of 2008, 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; 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 examination
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. THE DEADLINE FOR FILING A WRITTEN AND SWORN STATEMENT
REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH IS HEREBY EXTENDED TO
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 LOCAL RETIREMENT
SYSTEMS OF A CITY WITH A POPULATION OF ONE MILLION OR MORE WHO ARE
COVERED BY SECTIONS 13-168, 13-252.1 AND 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 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, INCLUDING THOSE THAT ARE REJECTED FOR
FILING AS UNTIMELY.
S. 5759--A 19
S 15. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after September 11, 2001;
provided, however, that the amendments to sections 161, 162, 165 and 168
of the workers' compensation law made by sections ten, eleven, twelve
and thirteen of this act, respectively, shall apply to all open and
closed claims coming within its purview.
FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
PROVISIONS OF PROPOSED LEGISLATION: With respect the the New York city
Retirement Systems ("NYCRS"), the proposed legislation would amend
Administrative Code of the City of New York ("ACNY") Sections 13-551,
13-168, 13-525.1 and 13-353.1, Education Law Section 2575, Retirement
and Social Security Law ("RSSL") Sections 2, 507-c, 605-b, 605-c and
607-b, and Workers' Compensation Law Sections 161,162, 165 and 168 to
extend the provisions of the World Trade Center ("WTC") Disability Law
to certain members who participated in the Rescue, Recovery or Clean-up
operations related to the WTC attack on September 11, 2001 and expand
certain provisions of the Workers' Compensation Law relating to the
deadline for filing a registration of participation in the WTC Rescue,
Recovery or Clean-up operations, the additional period for filing
certain WTC-related claims and the reconsideration of certain disallowed
WTC-related claims.
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
and Chapter 361 of the Laws of 2010.
The Effective Date of this proposed Legislation would be retroactive
to September 11, 2001.
BENEFITS UNDER EXISTING WTC-RELATED PROVISIONS
ACCIDENTAL DISABILITY RETIREMENT BENEFITS
With respect to the NYCRS, under current law, active, retired and
vested groups covered by the WTC Disability Law could potentially be
eligible for WTC-related benefits ("WTC Potential Recipients").
If an active, retired or vested WTC Potential Recipient becomes
partially or totally disabled due to a WTC-Related Malady, such condi-
tion or impairment of health incurred by the member would be considered
presumptive evidence that it was sustained in the line-of-duty as the
result of an accident unless the contrary can be proven by competent
evidence.
Once such member's application is approved by the respective NYCRS
Medical Board and the respective NYCRS Board of Trustees ("BOT"), then
such member would be entitled to the applicable Accidental Disability
Retirement ("ADR") Benefit ("ACCDIS") that is payable for a member in
such NYCRS at such tier and based upon a respective job title, if appli-
cable. Such ACCDIS are generally subject to the offset from any Workers'
Compensation benefits payable.
Under current law, if an active WTC Potential Recipient who retires
initially for Service Retirement ("SERV"), Ordinary Disability Retire-
ment ("ODR"), Accidental Disability Retirement ("ADR") or Performance of
Duty Disability Retirement ("PODR") becomes partially or totally disa-
S. 5759--A 20
bled due to a WTC-Related Malady, then such WTC-Related Malady would be
considered presumptive evidence that it was incurred in the line-of-duty
as the result of an accident.
Such retiree would be permitted to apply with the respective NYCRS for
a reclassification of his retirement to a World Trade Center Accidental
Disability Retirement ("WTC-ADR"). Upon the approval of the respective
NYCRS Medical Board and the respective NYCRS BOT, such retiree would be
entitled to receive an ACCDIS, based on the salaries and service at the
initial retirement date and determined under the respective NYCRS, paya-
ble from the date of reclassification. There would be no change in the
optional form of payment elected at the initial retirement date.
ACCIDENTAL DEATH BENEFITS
With respect to the NYCRS under current law, beneficiaries of those
WTC Potential Recipients who die either while actively employed or while
on an approved leave of absence and whose cause of death originated from
a WTC qualifying condition or impairment of health may apply with the
respective NYCRS within the applicable filing window for Accidental
Death Benefits ("ACCDTH").
In addition, if such deceased NYCRS members are in any of the follow-
ing groups:
* POLICE,
* FIRE,
* NYCERS in certain Triborough Bridge and Tunnel Authority job titles,
* NYCERS in certain Uniformed Department of Corrections job titles, or
* NYCERS in certain Emergency Medical Technician ("EMT") job titles
then such deceased member's beneficiaries could also be entitled to a
Special Accidental Death Benefit ("SADB") provided under General Munici-
pal Law ("GML") Section 208-f. Such SADB is generally based on the
member's salary at the date of death, reduced by the ACCDTH benefits
payable and any Social Security and Workers' Compensation death bene-
fits. SADB is subject to annual cost-of-living increases.
Under current law, the beneficiaries of those active WTC Potential
Recipients who retire for Service, Ordinary Disability Retirement or
Accidental Disability Retirement and die, whose cause of death origi-
nated from a WTC qualified condition or impairment of health and who
have not been retired for more than 25 years, may apply with the respec-
tive NYCRS within the applicable filing period for receipt of an ACCDTH
and SADB, if eligible. Once such application is approved by the respec-
tive NYCRS Medical Board and respective NYCRS BOT, such beneficiaries
would be entitled to the applicable benefits from the date of death.
To receive the ACCDTH, beneficiaries must relinquish their rights to
any death benefits that would have otherwise been payable under the
retiree's initial form of payment election.
These ACCDTH would replace the existent death benefits that are avail-
able for active, inactive and retired NYCRS members based on NYCRS, Tier
and job title, if applicable.
IMPACT OF PROPOSED LEGISLATION ON WTC ELIGIBILITY PROVISIONS: Under
current law, a WTC Potential Recipient must have registered by September
11, 2010 in order to ever become eligible to qualify for WTC ACCDIS or
WTC ACCDTH.
Under the proposed legislation, if enacted, the deadline for register-
ing for WTC ACCDIS or WTC ACCDTH would be extended to September 11, 2014
only for the Covered Groups, later defined.
IMPACT OF PROPOSED LEGISLATION ON WORKERS' COMPENSATION BENEFITS: The
proposed legislation, if enacted, would:
S. 5759--A 21
1. Extend the period for filing statements of participation in the WTC
Rescue, Recovery or Clean-up operations from September 11, 2010 to
September 11, 2014 under the Workers' Compensation Law
2. Extend the deadline for filing claims for Workers' Compensation
benefits for a WTC-related disablement that occurred between September
12, 2008 and September 11, 2012 to September 11, 2014
3. Provide that any such claim for Workers' Compensation benefits for
a WTC-related disablement that occurred between September 12, 2008 and
September 11, 2012 that was previously disallowed for failure to regis-
ter timely would be reconsidered
COVERED GROUPS UNDER PROPOSED LEGISLATION: With respect to the NYCRS,
the proposed legislation would expand coverage under the WTC Disability
Law to certain groups ("Covered Groups"), provided they satisfy certain
qualifying WTC conditions.
These 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
WTC DISABILITY LAW PROVISIONS APPLYING TO THE COVERED GROUP: All of
the WTC Disability Law provisions would apply to the Covered Group.
However, the Special Accidental Death Benefits provided under GML
Section 208-f to certain groups would not apply.
ESTIMATED FINANCIAL IMPACT OF PRIOR FISCAL NOTE 2008-09: Fiscal Note
2008-09, dated June 18, 2008, which estimated the financial impact of
proposed legislation LBDC #12080-02-8, enacted as Chapter 489 of the
Laws of 2008 to expand the coverage of the WTC Disability Law, included
the estimated financial impact attributed to the Covered Groups
described above based upon the Actuary's understanding of the intent of
the recommendations of the September 11 Worker Protection Task Force,
rather than adhering to the strict draft wording of proposed legislation
LBDC #120870-02-8.
Accordingly, the estimated financial impact of the proposed legis-
lation (denoted by Verison date (6/7/12) was based on the financial
impact of these Covered Groups that was previously determined in Fiscal
Note 2008-09, adjusted for the passage of time using actuarial princi-
ples and to reflect the demographic actuarial assumptions that were
adopted by the Board of Trustees of each NYCRS during Fiscal Year 2012
and the Actuarial Interest Rate assumption of 7.0% per annum that was
enacted by the New York State Legislature and Governor as Chapter 3 of
the Laws of 2013 ("Chapter 3/13").
It is assumed that the estimated financial impact would be de minimis
for:
(1) Extending the deadline for registering for WTC ACCDIS and WTC
ACCDTH to September 11, 2014 only for the Covered Groups as described
under COVERED GROUPS UNDER PROPOSED LEGISLATION section of this Fiscal
Note,
(2) Extending the deadline from September 11, 2010 to September 11,
2014 for filing a registration of participation in the WTC Rescue,
Recovery and Clean-up operations under the Workers' Compensation Law,
S. 5759--A 22
(3) Extending the deadline for filing claims for Workers' Compensation
benefits for a WTC-related disablement that occurred between September
12, 2008 and September 11, 2012 to September 11, 2014, and
(4) Providing that any such claim for Workers' Compensation benefits
for a WTC-related disablement that occurred between September 12, 2008
and September 11, 2012 that was previously disallowed for failure to
register timely would be reconsidered.
ADDITIONAL ACTUARIAL PRESENT VALUE OF BENEFITS AND EMPLOYER COSTS:
Under the proposed legislation, the estimated additional Actuarial Pres-
ent Value of Benefits ("APVB") and employer costs for each of the NYCRS
are shown in the following table.
INCREASES IN APVB AND ANNUAL EMPLOYER COST
OF INCLUDING CERTAIN RECOMMENDATIONS OF THE
SEPTEMBER 11 WORKER PROTECTION TASK FORCE
FOR CERTAIN MEMBERS OF
NYCERS, NYCTRS, BERS, POLICE AND FIRE*
($ Millions)
ITEM NYCERS NYCTRS BERS POLICE FIRE TOTAL
Increase $1.8 $2.1 ** $0.6 $0.1 $4.6
in APVB
Increase
in Annual
Employer
Costs*** $0.6 $0.7 ** $0.2 ** $1.5
*The increase in APVB and in Annual Employer Costs for these Covered
Groups was included in the financial impact of Fiscal Note 2008-09. The
results included in Fiscal Note 2008-09 have been adjusted using actuar-
ial principles and reflect the demographic actuarial assumptions that
were adopted by the Board of Trustees of each NYCRS during Fiscal Year
2012 and the Actuarial Interest Rate assumption of 7.0% per annum that
was enacted by the New York State Legislature and Governor as Chapter
3/13 to arrive at the results shown above.
It is assumed that the estimated financial impact would be de minimis
for:
1. Extending the deadline for registering for WTC ACCDIS and WTC
ACCDTH to September 11, 2014 only for Covered Groups under the proposed
legislation,
2. Extending the deadline from September 11, 2010 to September 11,
2014 for filing a registration of participation in the WTC Rescue,
Recovery and Clean-up operations under the Workers' Compensation Law,
3. Extending the deadline to September 11, 2014 for filing claims for
Workers' Compensation benefits for a WTC-related disablement that
occured between September 12, 2008 and September 11, 2012, and
4. Providing that any such claim for Workers' Comepnsation benefits
for a WTC-related disablement that occured between September 12, 2008
and September 11, 2012 that was previously disallowed for failure to
register timely would be reconsidered.
For purposes of this Fiscal Note, the Actuary has assumed that reclas-
sification of certain retired members to WTC-Related Accidental Disabil-
ity Retirement from Service Retirement or Ordinary Disability Retirement
S. 5759--A 23
would result in changes in benefits, prospectively only from the date of
reclassification.
** Less than $50,000.
*** Assumes that Net Increases in APV of Future Employer Normal Costs
are financed over the average remaining working lifetimes of members
impacted by the benefit changes which has been estimated to be five
years.
ADDITIONAL EMPLOYER CONTRIBUTIONS - GENERAL: In general, the real cost
of the enactment of this proposed legislation would be the additional
benefits paid.
However, the timing and amount of additional employer contributions
attributable to the enactment of this proposed legislation will depend
primarily upon five factors:
* The point in time when the Actuary revises actuarial assumptions to
reflect whether certain active members who now would be expected to
receive Service Retirement benefits, Ordinary Disability Retirement
benefits, or Accidental Disability Retirement benefits would in the
future be eligible for World Trade Center Accidental Disability Retire-
ment and/or Accidental Death benefits.
* The point in time at which the Actuary revises actuarial assump-
tions to reflect possible, further, increased expectations for Acci-
dental Disability Retirements.
* The points in time after retirement when diseases deemed to be disa-
bling and attributable to WTC-related activities could result in reclas-
sification of Service Retirements, Ordinary Disability Retirements, or
Accidental Disability Retirements to World Trade Center Accidental Disa-
bility Retirements.
* The points in time after retirement subsequent to reclassification,
or in the application process, to a WTC-Related Accidental Disability
Retirement which could result in Accidental Death from a WTC-Related
Malady.
* The impact on employer contributions of any actuarial gains or loss-
es attributable to additional Accidental Disability Retirements and
Accidental Deaths.
ADDITIONAL EMPLOYER CONTRIBUTIONS - FISCAL YEARS 2013 AND LATER:
Assuming that this proposed legislation is enacted during the current
Legislative Session on or before June 30, 2013 or after June 30, 2013
and on or before June 30, 2014, then the enactment of this proposed
legislation would increase annual employer contributions beginning
Fiscal Year 2014 as follows:
* To NYCERS by approximately $0.6 million and by a comparable percent-
age of payroll thereafter,
* To NYCTRS by approximately $0.7 million and by a comparable percent-
age of payroll thereafter,
* To BERS by approximately less than $50,000 and by a comparable
percentage of payroll thereafter,
* To POLICE by approximately $0.2 million and by a comparable percent-
age of payroll thereafter, and
* To FIRE by approximately less than $50,000 and by a comparable
percentage of payroll thereafter.
These employer contributions were included in the financial impact of
Fiscal Note 2008-09 and have been adjusted using actuarial principles
and reflect the demographic actuarial assumptions that were adopted by
the Board of Trustees of each NYCRS during Fiscal Year 2012 and the
Actuarial Interest Rate assumption of 7.0% per annum that was enacted by
S. 5759--A 24
the New York State Legislature and Governor as Chapter 3/13 to arrive at
the results shown above.
In accordance with ACNY Section 13.638.2(k-2), new Unfunded Actuarial
Accrued Liability ("UAAL") attributable to benefit changes are to be
amortized as determined by the Actuary but generally over the remaining
working lifetimes of those impacted by the benefit changes. For this
proposed legislation, the Actuary has estimated that the remaining work-
ing lifetime of those impacted to be five years. Using this approach,
the additional UAAL would be amortized over a five-year period (four
payments under One-Year Lag Methodology) using level dollar payments.
UNMEASURED ADDITIONAL COSTS: The additional APVB and employer costs
and contributions attributable to additional World Trade Center Acci-
dental Disability Retirements and World Trade Center Accidental Deaths
shown herein are based only upon using the actuarial assumptions and
methods described herein.
1. The protections afforded under the provisions of the WTC Disability
Law to the Covered Groups described in the COVERED GROUPS UNDER PROPOSED
LEGISLATION section of this Fiscal Note,
2. The extension of the deadline for registering for WTC ACCDIS, and
WTC ACCDTH benefits from September 11, 2010 to September 11, 2014 only
for the Covered Groups under the proposed legislation,
3. The extension of the deadline from September 11, 2010 to September
11, 2014 for filing a registration of participation in the WTC Rescue,
Recovery and Clean-up operations under the Worker's Compensation Law,
4. The extension of the deadline to September 11, 2014 for filing
claims for Workers' Compensation benefits for a disablement that
occurred between September 12, 2008 and September 11, 2012, and
5. Providing that any such claim for Workers' Compensation benefits
for a disablement that occurred between September 12, 2008 and September
11, 2012 that was previously disallowed for failure to register timely
would be reconsidered.
As noted earlier, the estimated financial impact for the preceding
items 2, 3, 4 and 5 is assumed to be de minimis.
Additional APVB and employer costs attributable to any benefits other
than those described herein have not been estimated.
No estimate has been made for non-vested, terminated members or for
other possible WTC Potential Recipients who are not currently partic-
ipants in the NYCRS.
No estimate has been made for the possible, initial reduction in
payroll costs due to Additional Disability Retirements or Additional
Deaths.
No estimate has been made for additional administrative expenses, for
possible increases in Workers' Compensation costs or for expected,
increased medical and insurance related costs.
CENSUS DATA: With respect to the NYCRS, the calculation of estimated
changes in APVB and changes in employer costs are in part based on the
active census data used in the June 30, 2007 (Lag) actuarial valuation,
adjusted to June 30, 2012 in accordance with the actuarial principles
and reflect the demographic actuarial assumptions that were adopted by
the Board of Trustees of each NYCRS during Fiscal Year 2012 and the
Actuarial Interest Rate assumption of 7.0% per annum that was enacted by
the New York State Legislature and Governor as Chapter 3/13. Such census
was adjusted for employees who were hired on or after September 13, 2002
and, in general, are unlikely to be WTC Potential Recipients.
In addition, the calculation of estimated changes in the APVB and
changes in employer costs are in part based on the census data of
S. 5759--A 25
retired members used in the June 30, 2007 (Lag) actuarial valuation,
adjusted to June 30, 2012 in accordance with actuarial principles and
reflect the demographic actuarial assumptions that were adopted by the
Board of Trustees of each NYCRS during Fiscal Year 2012 and the Actuari-
al Interest Rate assumption of 7.0% per annum that was enacted by the
New York State Legislature and Governor as Chapter 3/13, to determine
the Fiscal Year 2012 and later employer contributions. Such census data
includes post-September 11, 2001 retirees.
Furthermore, based on the June 30, 2007 census information, terminated
vested members between September 11, 2001 and June 30, 2007, adjusted to
June 30, 2012 in accordance with actuarial principles and to reflect the
demographic actuarial assumptions that were adopted by the Board of
Trustees of each NYCRS during Fiscal Year 2012 and the Actuarial Inter-
est Rate assumption on %7.0% per annum that was enacted by the New York
State Legislature and Governor as Chapter 3/13, were included to the
extent that they were WTC Potential Recipients, could become incapaci-
tated due to a WTC-Related Malady and reclassify as WTC-ADR.
ACTUARIAL ASSUMPTIONS AND METHODS: The additional APVB and employer
costs and contributions have been determined based on the actuarial
assumptions and methods used in June 30, 2012 (Lag) actuarial valuations
of NYCERS, NYCTRS, BERS, POLICE and FIRE.
In order to develop an estimate of the increase in APVB for NYCTRS
members, the following probabilities of reclassification to WTC-ADR were
used at the ages shown:
NYCRS
Reclassification to WTC-ADR FROM
AGE SERV ODR ADR
60 2% 4% 4%
70 2% 4% 4%
80 2% 4% 4%
90 2% 4% 4%
In addition, the following probabilities of reclassification were
assumed at the date of SER, ODR and ADR, respectively, for active
members:
SERV 2%
ODR 4%
ADR 4%
In order to develop an estimate of the increase in APVB for BERS
members, the following probabilities or reclassifications to WTC-ADR
were used at the ages shown:
BERS
RECLASSIFICATION TO WTC-ADR FROM
AGE SERV ODR ADR
60 2% 4% 4%
70 2% 4% 4%
80 2% 4% 4%
90 2% 4% 4%
In addition, the following probabilities of reclassification were
assumed at the date of SERV, ODR and ADR, respectively, for active
members:
SERV 2%
ODR 4%
S. 5759--A 26
ADR 4%
It has also been assumed that Accidental Disability Retirees who die
within 25 years of the initial retirement date would die from a WTC-Re-
lated Malady.
Due to limitations of time, resources and expected, limited impact on
overall results, the following estimates were made relative to the June
30, 2007 (Lag) actuarial valuation, adjusted to June 30, 2012 in accord-
ance with actuarial principles and reflect the demographic actuarial
assumptions that were adopted by the Board of Trustees of each NYCRS
during Fiscal Year 2012 and the Actuarial Interest Rate assumption of
7.0% per annum that was enacted by the New York State Legislature and
Governor as Chapter 3/13 to determine the Fiscal Year 2012 and later
employer contributions. In addition, for Terminated Vesteds,
* APVB was developed as the ratio of the respective liability to the
total liability of all active members.
* APVB was adjusted to reflect both the difference in the magnitude of
a WTC-ACCDIS relative to the SERV benefit otherwise payable and in the
payability date of such benefits.
In developing estimates of additional APVB upon reclassification after
retirement, the increases in WTC-ADR benefits are assumed to be prospec-
tive from the date of reclassification.
Additionally, because the mortality expectation for an individual does
not change just because that individual receives a different type of
benefit, the measurement of the increase in APVB for Service Retirees
who reclassify as WTC-ADR has been calculated based on post-disablement
retirement mortality.
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 (current and proposed) 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 2013 Legislative Session. It is Fiscal Note 2013-13, dated
June 5, 2013, 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
York City Police Pension Fund and the New York Fire Department Pension
Fund.
