senate Bill S5759A

Signed By Governor
2013-2014 Legislative Session

Addresses limitations in existing disability provisions intended to protect public employees who suffered injuries or illnesses in WTC rescue, recovery and cleanup operations

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Archive: Last Bill Status Via A7803 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 13, 2013 signed chap.489
Nov 01, 2013 delivered to governor
Jun 21, 2013 returned to assembly
passed senate
3rd reading cal.1621
substituted for s5759a
Jun 21, 2013 substituted by a7803a
ordered to third reading cal.1621
committee discharged and committed to rules
Jun 18, 2013 print number 5759a
amend and recommit to cities
Jun 12, 2013 referred to cities

Votes

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Bill Amendments

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Original
A (Active)

Co-Sponsors

S5759 - Bill Details

See Assembly Version of this Bill:
A7803A
Law Section:
New York City Administrative Code
Laws Affected:
Amd §§13-551, 13-168, 13-252.1 & 13-353.1, NYC Ad Cd; amd §2575, Ed L; amd §§507-c, 605-b, 605-c, 607-b & 2, R & SS L; amd §§161, 162, 165 & 168, Work Comp L

S5759 - Bill Texts

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Addresses limitations in existing disability provisions intended to protect public employees who suffered injuries or illnesses in WTC rescue, recovery and cleanup operations.

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BILL NUMBER:S5759

TITLE OF BILL: An act to amend the administrative code of the city of
New York, the education law, the retirement and social security law
and the workers' compensation law, in relation to injuries or
illnesses suffered as a result of participation in rescue, recovery
and cleanup directly related to the attacks at the World Trade Center
on September 11, 2001

PURPOSE: This bill would implement the recommendations of the
September Eleventh Worker Protection Task Force ("911 Task Force") to
address limitations in existing disability laws that were intended to
protect public employees who suffer injuries or illnesses as a result
of their participation in rescue, recovery and cleanup directly
related to the terrorist attacks of September Eleventh by (1)
including members of New York City pension systems who were
inadvertently excluded from prior legislation; (2) clarifying the
definition of "qualifying conditions" and (3) reopening and extending
the expired statutory deadline for filing statement of
participations.)

SUMMARY OF PROVISIONS:

Section 1 would amend section 13-551 of the Administrative Code of the
City of New York to provide members in tiers 1 and 2 of the Teachers
Retirement System ("TRS") with the protections currently afforded
members in tiers 3 and 4 of this fund under 1.2005, ch.104, as amended
1.2005, ch. 93, as amended 1.2006, ch.102, as amended L. 2006,
ch.444, as amended L. 2006, oh, 445, as amended L.2007, ch. 5, as
amended L.2007, oh, 214, as amended L. 2007, ch.495, as amended
L.2008, ch. 489, as amended L. 2010, ch.361 (the "World Trade Center
Disability Law").

Section 2 would amend section 2575 of the Education Law to provide
members in tiers 1 and 2 of the Board of Education Retirement System
("BEES") with the protections currently afforded members in tiers 3
and 4 of this fundunder the World Trade Center Disability Law.

Section 3 would amend section 13-168 of the Administrative Code of the
City of New York to provide vested members in tiers 1 and 2 of the New
York City Employees Retirement System ("NYCERS") with the protections
currently afforded members in other tiers of this fundunder the World
Trade Center Disability Law.

Section 4 would amend section 13-252.1 of the Administrative Code of
the City of New York to provide vested members of the New York City
Police Pension Fund in tiers 1 and 2 with the protections currently
afforded vested members in other tiers of this fundunder the World
Trade Center Disability Law.

Section 5 would amend section 13-352.1 of the Administrative Code of
the City of New York to provide vested members of the New York Fire
Department Pension Fund in tiers 1 and 2 with the protections
currently afforded vested members in other tiers of this fund under
the World Trade Center Disability Law.


Section 6 would amend section 507-c of the Retirement and Social
Security Law, which relates to Uniformed Corrections personnel to
provide vested members in tier 3 of the New York City Employees
Retirement System with the protections currently afforded vested
members in other tiers of this fund under the World Trade Center
Disability Law.

Section 7 would amend section 605-b of the Retirement and Social
Security Law, which relates to Uniformed Sanitation personnel, to
provide vested members in tier 4 of the New York City Employees
Retirement System with the protections currently afforded vested
members in other tiers of this fund under the World Trade Center
Disability Law.

Section 8 would amend section 605-c of the Retirement and Social
Security Law, which relates to Deputy Sheriffs, to provide vested
members in tier 4 of the New York City Employees Retirement System
with the protections currently afforded vested members in other tiers
of this fund under the World Trade Center Disability Law.

Section 9 would amend section 607-b of the Retirement and Social
Security Law, which relates to Emergency Medical Technicians employed
by the New York City Health and i Hospitals Corporation, to, provide
vested members in tier 4 of the New York City Employees Retirement
System with the protections currently afforded vested members in other
tiers of this fund under the World Trade Center Disability Law.

Section 10 would amend section 161 of the Workers' Compensation Law to
amend the definition of qualifying condition to eliminate the use of
the ambiguous phrase, "latent diseases and conditions" and replace it
with a listing of qualifying conditions used in the corresponding
definition contained in the Retirement and Social Security Law at
subdivision e of paragraph 36 of section 2.

Section 11 would amend section 162 of the Workers' Compensation Law to
extend the period for filing statements of participation in the World
Trade Center rescue, recovery and cleanup operations to September 11,
2014.

Section 12 would amend section 165 of the Workers' Compensation Law to
provide for reopening of disallowed claims barred by section 162 for
failure to register timely.

Section 13 would amend section 168 of the Workers' Compensation Law to
allow claims by participants whose disablement occurred between
September 12, 2008, and September 11, 2012, to be filed by claimants,
or reconsidered by the board.

Section 14 would amend paragraph 36 of section 2 of the Retirement and
Social Security Law to extend the period for filing statements to
September 11, 2014 for qualifying individuals.

Section 14 provides that the bill would be effective immediately and
to have been deemed in full force and effect on and after September
11, 2001.


LEGISLATIVE HISTORY: The World Trade Center Disability Law was
enacted as L.2005, ch. 104, and has been amended over the years, to
provide public employees who engaged in certain rescue, recovery and
cleanup operations in connection with the World Trade Center tragedy
of September 11, 2001, and their families, in the case of death, with
rebut table presumption that an established disability or death was
the result of a work-related accident, for purposes of accidental
disability retirement and accidental death benefits, and
reclassifications thereto, when such disability or death resulted from
statutorily specified qualifying medical conditions. Such presumption
is only available for those employees who filed registration
statements identifying their participation in covered rescue, recovery
or cleanup operations by the current statutory deadline of September
11, 2010, and who meet the various other statutory conditions.

The 911 Task Force's initial recommendations were enacted in 2008 by
L. 2008, c. 489.

The extension of the World Trade Center Disability Law to tiers 1 and
2 of the Teachers Retirement System of the City of New York was also
the subject of legislation introduced in 2008 at A9039A/S6283-A.

STATEMENT IN SUPPORT: This bill would implement recommendations of
the 911 Task Force. The 911 Task Force was established in 2005 to,
inter alia, identify, examine, and make recommendations concerning the
limitations of existing laws in providing disability coverage to
employees who were, or will become, injured or sick as a direct result
of this participation rescue, recovery and cleanup operations related
to the terrorist attack on the World Trade Center.

In 2008 the legislature passed a bill to implement the 911 Task
Force's first set of recommendations, which included amendments
intended to protect public employees who engaged in rescue, recovery
and cleanup operations and separated from service with vested
retirement rights before they became disabled due to a "qualifying
World Trade Center condition. "Those amendments allowed vested members
to use the World Trade Center Disability Law's presumption in applying
for, or converting to, an accidental disability retirement.

After enactment of the 2008 legislation, the 913, Task Force and New
York City identified certain tiers and systems where vested members
had been inadvertently excluded by the 2008 legislation, and they
worked together to draft the language contained in sections 3 to 10 of
this bill to ensure that the intended protections extended to vested
members, or, in the ease of death, their families.

In 2009, the 911 Task Force issued an annual report recommending that
the World Trade Center Disability Law be further amended to provide
members of tiers 1 and 2 of New York City Teachers Retirement System
and the Board of Education Retirement System, who engage in rescue,
recover and cleanup operations and became disabled due to a Qualifying
World Trade Center condition, with the same protections afforded to
members in other tiers of those systems, as provided for by sections 1
and 2 of this bill. In addition, the 911 Task Force's 2009 annual
report also recommended that the Legislature clarify the definition of
"qualifying condition" in Article 8-A of the NYS Workers' Compensation
Law by to eliminate the term "latent" diseases and replace it with a


non-exhaustive list of qualifying conditions based on the list of
conditions used in the World Trade Center Disability Law at found in
New York Retirement and Social Security Law § 2(36) (c). Specifically,
the Task Force recommended incorporating all but subsection (iv) which
includes "diseases of the skin such as conjunctivitis, contact
dermatitis or burns, either acute or chronic, caused by exposure or
aggravated by exposure" because such conditions would involved early
symptoms and, as a result, would not warrant the additional time for
filing claims provided by Article 8-A.

To give practical effect to these changes, the bill also extends the
statutory time periods for rescue and recovery workers covered by this
bill to file registration statements. Timely filing of such
registrations, which identify the covered operations that workers
engaged in, is a prerequisite for obtaining the statutory protections
of the World Trade Center Disability Law and Article 8-A of the
Workers' Compensation Law. The current registration period closed on
September 11, 2010. Without an extension of this registration period,
those who were unable to register because they were in tiers and
systems that were excluded from coverage will be foreclosed from any
future protections afforded by this bill if they are not given
additional time to register after the bill is enacted.

BUDGET IMPLICATIONS: None.

EFFECTIVE DATE: Immediately and to have been deemed in full force and
effect on and after September 11, 2001.

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

                                  5759

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 12, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the administrative code of the city  of  New  York,  the
  education law, the retirement and social security law and the workers'
  compensation  law,  in relation to injuries or illnesses suffered as a
  result of participation  in  rescue,  recovery  and  cleanup  directly
  related to the attacks at the World Trade Center on September 11, 2001

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

  Section 1. Subdivision c of section 13-551 of the administrative  code
of the city of New York is amended and three new subdivisions f, g and h
are added to read as follows:
  c.  Any  such  application  shall  be filed within two years after the
happening of such accident EXCEPT IF FILED BY 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.
  F. (1)(A) NOTWITHSTANDING ANY PROVISIONS OF THIS CODE OR OF ANY GENER-
AL, SPECIAL OR LOCAL LAW, CHARTER OR RULE OR REGULATION TO THE CONTRARY,
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.
  (B) THE RETIREMENT BOARD IS HEREBY AUTHORIZED TO PROMULGATE RULES  AND
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
  (2)  (A)  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, A PERFORMANCE OF DUTY DISABILITY  RETIREMENT,  OR
WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11304-01-3

S. 5759                             2

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
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-

S. 5759                             3

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
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

S. 5759                             4

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
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

S. 5759                             5

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.
  (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

S. 5759                             6

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
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:

S. 5759                             7

  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
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

S. 5759                             8

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
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

S. 5759                             9

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-
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

S. 5759                            10

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.
  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

S. 5759                            11

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 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

S. 5759                            12

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-
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

S. 5759                            13

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
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

S. 5759                            14

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
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

S. 5759                            15

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
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

S. 5759                            16

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:
  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;

S. 5759                            17

  (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
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

S. 5759                            18

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 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.

Co-Sponsors

S5759A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7803A
Law Section:
New York City Administrative Code
Laws Affected:
Amd §§13-551, 13-168, 13-252.1 & 13-353.1, NYC Ad Cd; amd §2575, Ed L; amd §§507-c, 605-b, 605-c, 607-b & 2, R & SS L; amd §§161, 162, 165 & 168, Work Comp L

S5759A (ACTIVE) - Bill Texts

view summary

Addresses limitations in existing disability provisions intended to protect public employees who suffered injuries or illnesses in WTC rescue, recovery and cleanup operations.

view sponsor memo
BILL NUMBER:S5759A REVISED 6/18/13

TITLE OF BILL:
An act
to amend the administrative code of the city of New York, the education
law, the retirement and social security law
and the workers' compensation
law, in relation to injuries or illnesses suffered as a result of
participation in rescue, recovery and cleanup directly related to the
attacks at the World Trade Center on September 11, 2001

PURPOSE:
This bill would implement the recommendations of the September
Eleventh Worker Protection Task Force ("911 Task Force") to address
limitations in existing disability laws that were intended to protect
public employees who suffer injuries or illnesses as a result of
their participation in rescue, recovery and cleanup directly related
to the terrorist attacks of September Eleventh by (1) including
members of New York City pension systems who were inadvertently
excluded from prior legislation; (2) clarifying the definition of
"qualifying conditions" and (3) reopening and extending the expired
statutory deadline for filing statement of participations.)

SUMMARY OF PROVISIONS:

Section 1 would amend section 13-551 of the Administrative Code of the
City of New York to provide members in tiers 1 and 2 of the Teachers
Retirement System ("TRS") with the protections currently afforded
members in tiers 3 and 4 of this fund under L.2005, ch.104, as
amended L.2005, ch. 93, as amended L.2006, ch.102, as amended L.
2006, ch.444, as amended L. 2006, ch. 445, as amended L.2007, ch. 5,
as amended L.2007, oh, 214, as amended L. 2007, ch.495, as amended
L.2008, ch. 489, as amended L, 2010, ch.361 (the "World Trade Center
Disability Law").

Section 2 would amend section 2575 of the Education Law to provide
members in tiers 1 and 2 of the Board of Education Retirement System
("BERS") with the protections currently afforded members in tiers 3
and 4 of this fundunder the World Trade Center Disability Law.

Section 3 would amend section 13-168 of the Administrative Code of the
City of New York to provide vested members in tiers 1 and 2 of the
New York City Employees Retirement System ("NYCERS") with the
protections currently afforded members in other tiers of this
fundunder the World
Trade Center Disability Law.

Section 4 would amend section 13-252.1 of the Administrative Code of
the City of New York to provide vested members of the New York City
Police Pension Fund in tiers 1 and 2 with the protections currently
afforded vested members in other tiers of this fundunder the World
Trade Center Disability Law.

Section 5 would amend section 13-352.1 of the Administrative Code of
the City of New York to provide vested members of the New York Fire
Department Pension Fund in tiers I and 2 with the protections
currently afforded vested members in other tiers of this fund under
the World Trade Center Disability Law.

Section 6 would amend section 507-c of the Retirement and Social

Security Law, which relates to Uniformed Corrections personnel to
provide vested members in tier 3 of the New York City Employees
Retirement System with the protections currently afforded vested
members in other tiers of this fund under the World Trade Center
Disability Law.

Section 7 would amend section 605-b of the Retirement and Social
Security Law, which relates to Uniformed Sanitation personnel, to
provide vested members in tier 4 of the New York City Employees
Retirement System with the protections currently afforded vested
members in other tiers of this fund under the World Trade Center
Disability Law.

Section 8 would amend section 605-c of the Retirement and Social
Security Law, which relates to Deputy Sheriffs, to provide vested
members in tier 4 of the New York City Employees Retirement
System with the protections currently afforded vested members in
other tiers of this fund under the World Trade Center Disability Law.

Section 9 would amend section 607-b of the Retirement and Social
Security Law, which relates to Emergency Medical Technicians employed
by the New York City Health and I Hospitals Corporation, to,provide
vested members in tier 4 of the New York City Employees Retirement
System with the protections currently afforded vested members in
other tiers of this fund under the World Trade Center Disability Law.

Section 10 would amend section 161 of the Workers' Compensation Law to
amend the definition of qualifying condition to eliminate the use of
the ambiguous phrase, "latent diseases and conditions" and replace it
with a listing of qualifying conditions used in the corresponding
definition contained in the Retirement and Social Security Law at
subdivision e of paragraph 36 of section 2.

Section 11 would amend section 162 of the Workers' Compensation Law to
extend the period for filing statements of participation in the World
Trade Center rescue, recovery and cleanup operations to September 11,
2014.

Section 12 would amend section 165 of the Workers' Compensation Law to
provide for reopening of disallowed claims barred by section 162 for
failure to register timely.

Section 13 would amend section 168 of the Workers' Compensation Law to
allow claims by participants whose disablement occurred between Septem-

ber 12, 2008, and September 11, 2012, to be filed by claimants, or
reconsidered by the board.

Section 14 would amend paragraph 36 of section 2 of the Retirement and
Social Security Law to extend the period for filing statements to
September 11, 2014 for qualifying individuals.

Section 15 provides that the bill would be effective immediately and
to have been deemed in full force and effect on and after September
11, 2001.

LEGISLATIVE HISTORY:
The World Trade Center Disability Law was enacted as L.2005, ch. 104,
and has been amended over the years, to provide public employees who
engaged in certain rescue, recovery and cleanup operations in
connection with the World Trade Center tragedy of September 11, 2001,
and their families, in the case of death, with rebut table
presumption that an established disability or death was the result of
a work-related accident, for purposes of accidental disability
retirement and accidental death benefits, and reclassifications
thereto, when such disability or death resulted from statutorily
specified qualifying medical conditions. Such presumption is only
available for those employees who filed registration statements
identifying their participation in covered rescue, recovery or
cleanup operations by the current statutory deadline of September 21,
2010, and who meet the various other statutory conditions.

The 911 Task Force's initial recommendations were enacted in 2008 by
L. 2008, c. 489.

The extension of the World Trade Center Disability Law to tiers 1 and
2 of the Teachers Retirement System of the City of New York was also
the subject of legislation introduced in 2008 at A9039A/S6283-A.

STATEMENT IN SUPPORT:
This bill would implement recommendations of the 911 Task Force. The
911 Task Force was established in 2005 to, inter alia, identify,
examine, and make recommendations concerning the limitations of
existing laws in providing disability coverage to employees who were,
or will become, injured or sick as a direct result of this
participation rescue, recovery and cleanup operations related to the
terrorist attack on the World Trade Center

In 2008 the legislature passed a bill to implement the 911 Task
Force's first set of recommendations, which included amendments
intended to protect public employees who engaged in rescue, recovery
and cleanup operations and separated from service with vested
retirement rights before they became disabled due to a "qualifying
World Trade Center condition. "Those amendments allowed vested
members to use the World Trade Center Disability Law's presumption in
applying for, or converting to, an accidental disability retirement.

After enactment of the 2008 legislation, the 911 Task Force and New
York City identified certain tiers and systems where vested members
had been
inadvertently excluded by the 2008 legislation, and they worked
together to draft the language contained in sections 3 to 10 of this
bill to ensure that the intended protections extended to vested
members, or, in the ease of death, their families.

In 2009, the 911 Task Force issued an annual report recommending that
the World Trade Center Disability Law be further amended to provide
members of tiers 1 and 2 of New York City Teachers Retirement System
and the Board of Education Retirement System, who engage in rescue,
recover and cleanup operations and became disabled due to a
qualifying World Trade Center condition, with the same protections
afforded to members in other tiers of those systems, as provided for
by sections 1 and 2 of this bill. In addition, the 911 Task Force's
2009 annual report also recommended that the Legislature clarify the
definition of "qualifying condition" in Article 8-A of the NYS
Workers' Compensation Law by to eliminate the term "latent" diseases
and replace it with a non-exhaustive list of qualifying conditions
based on the list of conditions used in the World Trade Center
Disability Law at found in New York Retirement and Social Security
Law § 2(36)(c). Specifically, the Task Force recommended
incorporating all but subsection (iv) which includes "diseases of the
skin such as conjunctivitis, contact dermatitis or burns, either
acute or chronic, caused by exposure or aggravated by exposure"
because such conditions would involved early symptoms and
as a result, would not warrant the additional time for filing claims
provided by Article 8-A.

To give practical effect to these changes, the bill also extends the
statutory time periods for rescue and recovery workers covered by
this bill to file registration statements. Timely filing of such
registrations, which identify the covered operations that workers
engaged in, is a prerequisite for obtaining the statutory protections
of the World Trade Center Disability Law and Article 8-A of the
Workers' Compensation Law. The current registration period closed on
September 11, 2010. Without an extension of this registration period,
those who were unable to register because they were in tiers and
systems that were excluded from coverage will be foreclosed from any
future protections afforded by this bill if they are not given
additional time to register after the bill is enacted.

BUDGET IMPLICATIONS:
Please see fiscal note

EFFECTIVE DATE:
Immediately and to have been deemed in full force and effect on and
after September 11, 2001.

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

                                 5759--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 12, 2013
                               ___________

Introduced by Sens. GOLDEN, LANZA -- read twice and ordered printed, and
  when  printed  to be committed to the Committee on Cities -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the administrative code of the city  of  New  York,  the
  education law, the retirement and social security law and the workers'
  compensation  law,  in relation to injuries or illnesses suffered as a
  result of participation  in  rescue,  recovery  and  cleanup  directly
  related to the attacks at the World Trade Center on September 11, 2001

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

  Section 1. Subdivision c of section 13-551 of the administrative  code
of the city of New York is amended and three new subdivisions f, g and h
are added to read as follows:
  c.  Any  such  application  shall  be filed within two years after the
happening of such accident EXCEPT IF FILED BY 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.
  F. (1)(A) NOTWITHSTANDING ANY PROVISIONS OF THIS CODE OR OF ANY GENER-
AL, SPECIAL OR LOCAL LAW, CHARTER OR RULE OR REGULATION TO THE CONTRARY,
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.
  (B) THE RETIREMENT BOARD IS HEREBY AUTHORIZED TO PROMULGATE RULES  AND
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
  (2)  (A)  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11304-03-3

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.

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