Senate Bill S3521B

2015-2016 Legislative Session

Relates to providing a final average salary disability retirement benefit to certain participants in World Trade Center rescue, recovery, or cleanup operations

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to civil service and pensions
Jun 10, 2015	print number 3521b
Jun 10, 2015	amend and recommit to civil service and pensions
May 11, 2015	print number 3521a
May 11, 2015	amend and recommit to civil service and pensions
Feb 11, 2015	referred to civil service and pensions

Bill Amendments

Original

B (Active)

2015-S3521 - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§605, 507 & 2, R & SS L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6371
2019-2020: S5898

2015-S3521 - Summary

Relates to providing a final average salary disability retirement benefit to certain participants in World Trade Center rescue, recovery, or cleanup operations.

2015-S3521 - Sponsor Memo

                                BILL NUMBER:S3521

TITLE OF BILL:

An act to amend the retirement and social security law, in relation to
disability retirement benefits for certain participants in World Trade
Center rescue, recovery, or cleanup operations

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to expand eligibility for the World Trade
Center disability benefits to include Tier 3 and 4 public employees
and extend the filing deadline.

SUMMARY OF PROVISIONS:

Sections 1 and 2 of the bill amend subdivision d of section 605 (Tier
4) and subdivisions h and I of section 507 (Tier 3) of the retirement
and social security law to require that any member who participated in
World Trade Center rescue, recovery or cleanup operations, and who is
determined to have incurred a qualifying condition, be paid a duty
disability retirement allowance equal to three-quarters of final
average salary. It requires that the condition is determined to have
been incurred in the performance and discharge of that person's job
duty, and is the natural and proximate result of an accident and not
caused by that member's willful negligence.

Section 3 amends paragraph a of subdivision 36 of section 2 of the
retirement and social security law to extend the deadline for filing
the required written and sworn statement to September 11, 2016.

Section 4 provides for this act to take effect immediately.

JUSTIFICATION:

After the 9/11 attacks on the World Trade Center (WTC), numerous
agency and municipal employees responded and were involved in the
rescue, recovery and cleanup operations. During the course of their
participation after the attacks, and throughout the years following,
many responders fell ill with respiratory tract diseases,
gastroesophageal tract diseases, and onset pulmonary, asbestos-related
musculoskeletal diseases and cancers, ultimately becoming unable to
work. In order to help those responders, the World Trade Center
Disability Law was signed into law in 2005.

Under the World Trade Center Disability Law, certain public employees
and retirees who were on duty and involved in a 9/11 related rescue,
recovery or cleanup, and became disabled as a result, are eligible for
a rebuttable presumption that his/her disability was the result of a
work-related accident. This law allowed most of the uniformed first
responders, such as police, fire, emergency response personnel,
correction and sanitation to qualify for a three-fourths or 75% salary
disability pension benefit. However, this law did not create a 75%
disability benefit for all public employees/retirees who met a
rebuttable presumption, which meant that only those whose membership
tier of the Retirement System provided a 75% accidental benefit could
benefit from the enhanced benefits. Under this law, non-uniform


municipal responders whose membership tier was not covered by 75%
salary benefit were unable to obtain the enhanced 75% salary benefit
even if they satisfied the rebuttable presumption.

For example, a Tier 4 non-uniform public employee who develops cancer
as a result of his participation at the WTC site is not eligible for
the 75% accidental retirement benefits under the existing WTC
Disability Law. In order to right this wrong, this legislation expands
those eligible to receive the WTC enhanced disability pension benefits
to include all non-uniform municipal employee responders of 9/11
regardless of their tiers and positions.

PRIOR LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S3521 - Bill Text download pdf

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

                                  3521

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 11, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the retirement and social security law, in  relation  to
  disability retirement benefits for certain participants in World Trade
  Center rescue, recovery, or cleanup operations

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

  Section 1. Paragraph 4 of subdivision d of section 605 of the  retire-
ment  and  social security law is renumbered paragraph 5 and a new para-
graph 4 is added to read as follows:
  4. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,
ANY  MEMBER  WHO PARTICIPATED IN WORLD TRADE CENTER RESCUE, RECOVERY, OR
CLEANUP OPERATIONS, AS SUCH PARTICIPATION IS DEFINED IN SECTION  TWO  OF
THIS CHAPTER, WHO INCURRED A QUALIFYING WORLD TRADE CENTER CONDITION, AS
DEFINED  IN SECTION TWO OF THIS CHAPTER, THAT IS DETERMINED TO HAVE BEEN
INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY AND IS THE NATURAL AND
PROXIMATE RESULT OF AN ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN  WILLFUL
NEGLIGENCE,  SHALL  BE  PAID A PERFORMANCE OF DUTY DISABILITY RETIREMENT
ALLOWANCE EQUAL TO THREE-QUARTERS OF FINAL AVERAGE SALARY.
  S 2. Subdivisions h and i of section 507 of the retirement and  social
security law are relettered subdivisions i and j and a new subdivision h
is added to read as follows:
  H.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
ANY MEMBER WHO PARTICIPATED IN WORLD TRADE CENTER RESCUE,  RECOVERY,  OR
CLEANUP  OPERATIONS,  AS SUCH PARTICIPATION IS DEFINED IN SECTION TWO OF
THIS CHAPTER, WHO INCURRED A QUALIFYING WORLD TRADE CENTER CONDITION, AS
DEFINED IN SECTION TWO OF THIS CHAPTER, THAT IS DETERMINED TO HAVE  BEEN
INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY AND IS THE NATURAL AND
PROXIMATE  RESULT OF AN ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL
NEGLIGENCE, SHALL BE PAID A PERFORMANCE OF  DUTY  DISABILITY  RETIREMENT
ALLOWANCE EQUAL TO THREE-QUARTERS OF FINAL AVERAGE SALARY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08981-01-5

S. 3521                             2

  S  3.  Paragraph  (a) of subdivision 36 of section 2 of the retirement
and social security law, as amended by chapter 472 of the laws of  2014,
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
fifteen,  and (ii) such member has either successfully passed a physical
examination for entry into public service, or authorized release of  all
relevant medical records, if the member did not undergo a physical exam-
ination for entry into public service; and (iii) there is no evidence of
the  qualifying  condition or impairment of health that formed the basis
for the disability in such physical examination for  entry  into  public
service or in the relevant medical records, prior to September eleventh,
two  thousand one except for such member, or eligible beneficiary in the
case of the member's death, of a local retirement system of a city  with
a population of one million or more that is covered by section 13-551 of
the  administrative  code of the city of New York, or by section twenty-
five hundred seventy-five of the education law and for such  member  who
separated  from  service  with vested rights, or eligible beneficiary of
such member who separated from service with vested rights in the case of
the member's death, of a local retirement system of a city with a  popu-
lation  of  one  million  or  more  who  are covered by sections 13-168,
13-252.1 or 13-353.1 of the administrative code of the city of New  York
or  sections  five  hundred  seven-c,  six  hundred  five-b, six hundred
five-c, or six hundred seven-b of this chapter. The deadline for  filing
a written and sworn statement required by subparagraph (i) of this para-
graph  shall  be September eleventh, two thousand [fourteen] SIXTEEN for
such member, or eligible beneficiary in the case of the member's  death,
of  a local retirement system of a city with a population of one million
or more that is covered by section 13-551 of the administrative code  of
the  city of New York, or by section twenty-five hundred seventy-five of
the education law and for such member who separated  from  service  with
vested rights, or eligible beneficiary of such member who separated from
service with vested rights in the case of the member's death, of a local
retirement system of a city with a population of one million or more who
are  covered by sections 13-168, 13-252.1 or 13-353.1 of the administra-
tive code of the city of New York and sections five hundred seven-c, six
hundred five-b, six hundred five-c, or six hundred seven-b of this chap-
ter, OR ANY OTHER MEMBER WHO IS OTHERWISE ELIGIBLE TO FILE SUCH  WRITTEN
OR  SWORN  STATEMENT. 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 [fifteen] SIXTEEN, including those that
are rejected for filing as untimely.
  S  4.  This act shall take effect immediately and apply to all members
who are determined to have incurred  a  qualifying  World  Trade  Center
condition  in  the performance and discharge of duty that is the natural
and proximate result of an accident not  caused  by  such  member's  own
willful negligence prior to the effective date of this act.

2015-S3521A - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§605, 507 & 2, R & SS L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6371
2019-2020: S5898

2015-S3521A - Summary

Relates to providing a final average salary disability retirement benefit to certain participants in World Trade Center rescue, recovery, or cleanup operations.

2015-S3521A - Sponsor Memo

                                BILL NUMBER:S3521A

TITLE OF BILL:  An act to amend the retirement and social security law,
in relation to disability retirement benefits for certain participants
in World Trade Center rescue, recovery, or cleanup operations

PURPOSE OR GENERAL IDEA OF BILL:  The purpose of the bill is to expand
eligibility for the World Trade Center disability benefits to include
Tier 3 and 4 public employees and extend the filing deadline.

SUMMARY OF PROVISIONS:

Sections 1 and 2 of the bill amend subdivision d of section 605 (Tier 4)
and subdivisions h and i of section 507 (Tier 3) of the retirement and
social security law to require that any member who participated in World
Trade Center rescue, recovery or cleanup operations, and who is deter-
mined to have incurred a qualifying condition, be paid a duty disability
retirement allowance equal to three-quarters of final average salary. It
requires that the condition is determined to have been incurred in the
performance and discharge of that person's job duty, and is the natural
and proximate result of an accident and not caused by that member's
willful negligence.

Section 3 amends paragraph a of subdivision 36 of section 2 of the
retirement and social security law to extend the deadline for filing the
required written and sworn statement to September 11, 2016 for those

eligible for disability retirement benefit provided by subdivision d of
section 605 (Tier 4) and subdivisions h of section 507 (Tier 3).

Section 4 provides for this act to take effect immediately.

JUSTIFICATION:  After the 9/11 attacks on the World Trade Center (WTC),
numerous agency and municipal employees responded and were involved in
the rescue, recovery and cleanup operations. During the course of their
participation after the attacks, and throughout the years following,
many responders fell ill with respiratory tract diseases, gastroesopha-
geal tract diseases, and onset pulmonary, asbestos-related musculoskele-
tal diseases and cancers, ultimately becoming unable to work. In order
to help those responders, the World Trade Center Disability Law was
signed into law in 2005.

Under the World Trade Center Disability Law, certain public employees
and retirees who were on duty and involved in a 9/11 related rescue,
recovery or cleanup, and became disabled as a result, are eligible for a
rebuttable presumption that his/her disability was the result of a work-
related accident. This law allowed most of the uniformed first respon-
ders, such as police, fire, emergency response personnel, correction and
sanitation to qualify for a three-fourths or 75% salary disability
pension benefit. However, this law did not create a 75% disability bene-
fit for all public employees/retirees who met a rebuttable presumption,
which meant that only those whose membership tier of the Retirement
System provided a 75% accidental benefit could benefit from the enhanced

benefits.  Under this law, non-uniform municipal responders whose
membership tier was not covered by 75% salary benefit were unable to
obtain the enhanced 75% salary benefit even if they satisfied the
rebuttable presumption.

For example, a Tier 4 non-uniform public employee who develops cancer as
a result of his participation at the WTC site is not eligible for the
75% accidental retirement benefits under the existing WTC Disability
Law. In order to right this wrong, this legislation expands those eligi-
ble to receive the WTC enhanced disability pension benefits to include
all non-uniform municipal employee responders of 9/11 regardless of
their tiers and positions.

PRIOR LEGISLATIVE HISTORY:  None

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  TBD

EFFECTIVE DATE:  This act shall take effect immediately.

2015-S3521A - Bill Text download pdf

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

                                 3521--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 11, 2015
                               ___________

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

AN  ACT  to amend the retirement and social security law, in relation to
  disability retirement benefits for certain participants in World Trade
  Center rescue, recovery, or cleanup operations

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

  Section  1. Paragraph 4 of subdivision d of section 605 of the retire-
ment and social security law is renumbered paragraph 5 and a  new  para-
graph 4 is added to read as follows:
  4.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
ANY MEMBER WHO PARTICIPATED IN WORLD TRADE CENTER RESCUE,  RECOVERY,  OR
CLEANUP  OPERATIONS,  AS SUCH PARTICIPATION IS DEFINED IN SECTION TWO OF
THIS CHAPTER, WHO INCURRED A QUALIFYING WORLD TRADE CENTER CONDITION, AS
DEFINED IN SECTION TWO OF THIS CHAPTER, THAT IS DETERMINED TO HAVE  BEEN
INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY AND IS THE NATURAL AND
PROXIMATE  RESULT OF AN ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL
NEGLIGENCE, SHALL BE PAID A PERFORMANCE OF  DUTY  DISABILITY  RETIREMENT
ALLOWANCE  EQUAL TO THREE-QUARTERS OF FINAL AVERAGE SALARY.  THE PAYMENT
OF SUCH PENSION SHALL BE SUBJECT TO THE PROVISIONS OF SECTION SIXTY-FOUR
OF THIS CHAPTER.
  S 2. Subdivisions h and i of section 507 of the retirement and  social
security law are relettered subdivisions i and j and a new subdivision h
is added to read as follows:
  H.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
ANY MEMBER WHO PARTICIPATED IN WORLD TRADE CENTER RESCUE,  RECOVERY,  OR
CLEANUP  OPERATIONS,  AS SUCH PARTICIPATION IS DEFINED IN SECTION TWO OF
THIS CHAPTER, WHO INCURRED A QUALIFYING WORLD TRADE CENTER CONDITION, AS
DEFINED IN SECTION TWO OF THIS CHAPTER, THAT IS DETERMINED TO HAVE  BEEN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08981-04-5

S. 3521--A                          2

INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY AND IS THE NATURAL AND
PROXIMATE  RESULT OF AN ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL
NEGLIGENCE, SHALL BE PAID A PERFORMANCE OF  DUTY  DISABILITY  RETIREMENT
ALLOWANCE  EQUAL TO THREE-QUARTERS OF FINAL AVERAGE SALARY.  THE PAYMENT
OF SUCH PENSION SHALL BE SUBJECT TO THE PROVISIONS OF SECTION SIXTY-FOUR
OF THIS CHAPTER.
  S 3. Paragraph (a) of subdivision 36 of section 2  of  the  retirement
and  social security law, as amended by chapter 472 of the laws of 2014,
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
fifteen, and (ii) such member has either successfully passed a  physical
examination  for entry into public service, or authorized release of all
relevant medical records, if the member did not undergo a physical exam-
ination for entry into public service; and (iii) there is no evidence of
the qualifying condition or impairment of health that formed  the  basis
for  the  disability  in such physical examination for entry into public
service or in the relevant medical records, prior to September eleventh,
two thousand one except for such member, or eligible beneficiary in  the
case  of the member's death, of a local retirement system of a city with
a population of one million or more that is covered by section 13-551 of
the administrative code of the city of New York, or by  section  twenty-
five  hundred  seventy-five of the education law and for such member who
separated from service with vested rights, or  eligible  beneficiary  of
such member who separated from service with vested rights in the case of
the  member's death, of a local retirement system of a city with a popu-
lation of one million or  more  who  are  covered  by  sections  13-168,
13-252.1  or 13-353.1 of the administrative code of the city of New York
or sections five  hundred  seven-c,  six  hundred  five-b,  six  hundred
five-c,  or six hundred seven-b of this chapter. The deadline for filing
a written and sworn statement required by subparagraph (i) of this para-
graph shall be  September  eleventh,  two  thousand  fourteen  for  such
member,  or eligible beneficiary in the case of the member's death, of a
local retirement system of a city with a population of  one  million  or
more that is covered by section 13-551 of the administrative code of the
city  of New York, or by section twenty-five hundred seventy-five of the
education law and for such member who separated from service with vested
rights, or eligible  beneficiary  of  such  member  who  separated  from
service with vested rights in the case of the member's death, of a local
retirement system of a city with a population of one million or more who
are  covered by sections 13-168, 13-252.1 or 13-353.1 of the administra-
tive code of the city of New York and sections five hundred seven-c, six
hundred five-b, six hundred five-c, or six hundred seven-b of this chap-
ter.  NOTWITHSTANDING THE DEADLINE FOR FILING A WRITTEN AND SWORN STATE-
MENT REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE DEADLINE  SHALL
BE SEPTEMBER ELEVENTH, TWO THOUSAND SIXTEEN FOR SUCH MEMBER, OR ELIGIBLE
BENEFICIARY IN THE CASE OF THE MEMBER'S DEATH, ELIGIBLE FOR THE DISABIL-
ITY RETIREMENT BENEFIT PROVIDED BY SUBDIVISION H OF SECTION FIVE HUNDRED
SEVEN  OR PARAGRAPH FOUR OF SUBDIVISION D OF SECTION SIX HUNDRED FIVE OF

S. 3521--A                          3

THIS CHAPTER. Every retirement system shall keep a copy of every written
and sworn statement that is presented for filing not later than  Septem-
ber  eleventh,  two  thousand fifteen, including those that are rejected
for filing as untimely.
  S  4.  This act shall take effect immediately and apply to all members
who are determined to have incurred  a  qualifying  World  Trade  Center
condition  in  the performance and discharge of duty that is the natural
and proximate result of an accident not  caused  by  such  member's  own
willful negligence prior to the effective date of this act.

2015-S3521B (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§605, 507 & 2, R & SS L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6371
2019-2020: S5898

2015-S3521B (ACTIVE) - Summary

Relates to providing a final average salary disability retirement benefit to certain participants in World Trade Center rescue, recovery, or cleanup operations.

2015-S3521B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3521B

TITLE OF BILL:

An act to amend the retirement and social security law, in relation to
disability retirement benefits for certain participants in World Trade
Center rescue, recovery, or cleanup operations

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to expand eligibility for the World Trade
Center disability benefits to include Tier 3 and 4 public employees
and extend the filing deadline.

SUMMARY OF PROVISIONS:

Sections 1 and 2 of the bill amend subdivision d of section 605 (Tier
4) and subdivisions h and i of section 507 (Tier 3) of the retirement
and social security law to require that any member with an active
membership who participated in World Trade Center rescue, recovery or
cleanup operations, and who is determined to have incurred a
qualifying condition, be paid a duty disability retirement allowance
equal to three-quarters of final average salary. It requires that the
condition is determined to have been incurred in the performance and
discharge of that person's job duty, and is the natural and proximate
result of an accident and not caused by that member's willful

negligence.

Section 3 amends paragraph a of subdivision 36 of section 2 of the
retirement and social security law to extend the deadline for filing
the required written and sworn statement to September 11, 2016 for
those eligible for disability retirement benefit provided by
subdivision d of section 605 (Tier 4) and subdivisions h of section
507 (Tier 3).

Section 4 provides for this act to take effect immediately.

JUSTIFICATION:

After the 9/11 attacks on the World Trade Center (WTC), numerous
agency and municipal employees responded and were involved in the
rescue, recovery and cleanup operations. During the course of their
participation after the attacks, and throughout the years following,
many responders fell ill with respiratory tract diseases,
gastroesophageal tract diseases, and onset pulmonary, asbestos-related
musculoskeletal diseases and cancers, ultimately becoming unable to
work. In order to help those responders, the World Trade Center
Disability Law was signed into law in 2005.

Under the World Trade Center Disability Law, certain public employees
and retirees who were on duty and involved in a 9/11 related rescue,
recovery or cleanup, and became disabled as a result, are eligible for
a rebuttable presumption that his/her disability was the result of a
work-related accident. This law allowed most of the uniformed first
responders, such as police, fire, emergency response personnel,
correction and sanitation to qualify for a three-fourths or 75% salary
disability pension benefit. However, this law did not create a 75%


disability benefit for all public employees/retirees who met a
rebuttable presumption, which meant that only those whose membership
tier of the Retirement System provided a 75% accidental benefit could
benefit from the enhanced benefits. Under this law, non-uniform
municipal responders whose membership tier was not covered by 75%
salary benefit were unable to obtain the enhanced 75% salary benefit
even if they satisfied the rebuttable presumption.

For example, a Tier 4 non-uniform public employee who develops cancer
as a result of his participation at the WTC site is not eligible for
the 75% accidental retirement benefits under the existing WTC
Disability Law. In order to right this wrong, this legislation expands
those eligible to receive the WTC enhanced disability pension benefits
to include all non-uniform municipal employee responders of 9/11
regardless of their tiers and positions.

PRIOR LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

"This bill would amend the benefits of members of public retirement
systems who contract any form of disease or disability related to
exposure to any elements in connection with the World Trade Center
tragedy of September 11, 2001. The annual accidental disability
benefit would be 75% of a member's final average salary less workers
compensation, regardless of a member's plan coverage. Currently,
eligible members receive the accidental disability benefit specified
in the plan under which they are covered. This improved benefit would
be payable to current members who may file for this benefit in the
future, or current retirees (or their beneficiaries) who are already
receiving World Trade Center related retirement benefits.

"if this bill is enacted, it would lead to more disabilities being
classified as "in performance of duty" or "accidental". For the
disabilities so classified due to this bill, the cost would depend on
the age, service, salary and plan of the affected member or retiree,
as well as whether such person would have otherwise been eligible for,
or has been receiving an ordinary disability, a performance of duty
disability or a service retirement. For those who contract such
disease prior to retirement, it is estimated that there could be per
person one-time costs of as much as four (4) times salary. For those
who contract such disease subsequent to a service retirement, it is
estimated that there would be an average per person cost of
approximately 150% of final average salary. For those who contract
such disease subsequent to an ordinary disability retirement, it is
estimated that there would be an average per person cost of
approximately four (4) times final average salary.

"For the 38 retirees known to be affected at this time, there would be
a one-time cost of $7.96 million, assuming a payment date of March 1,
2016.

"Pursuant to Section 25 of the Retirement and Social Security Law, the
increased cost would be borne entirely by the State of New York and
would require an itemized appropriation sufficient to pay the cost of


the provision. A precise cost for future years can't be determined at
this time. Every year a cost will be determined (and billed to the
state) based on those benefiting from this provision.

"Summary of relevant resources:

"The membership data used in measuring the impact of the proposed
change was the same as that used in the March 31, 2014 actuarial
valuation. Distributions and other statistics can be found in the 2014
Report of the Actuary and the 2014 Comprehensive Annual Financial
Report.

"The actuarial assumptions and methods used are described in the 2010,
2011, 2012, 2013 and 2014 Annual Report to the Comptroller on
Actuarial Assumptions, and the Codes Rules and Regulations of the
State of New York: Audit and Control.

"The Market Assets and GASB Disclosures are found in the March 31,
2014 New York State and Local Retirement System Financial Statements
and Supplementary Information.

"I am a member of the American Academy of Actuaries and meet the
Qualification Standards to render the actuarial opinion contained
herein.

"This estimate, dated May 21, 2015, and intended for use only during
the 2015 Legislative Session, is Fiscal Note No. 2015-71, prepared by
the Actuary for the New York State and Local Employees' Retirement
System."

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S3521B (ACTIVE) - Bill Text download pdf

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

                                 3521--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 11, 2015
                               ___________

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

AN  ACT  to amend the retirement and social security law, in relation to
  disability retirement benefits for certain participants in World Trade
  Center rescue, recovery, or cleanup operations

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

  Section  1. Paragraph 4 of subdivision d of section 605 of the retire-
ment and social security law is renumbered paragraph 5 and a  new  para-
graph 4 is added to read as follows:
  4.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
ANY MEMBER WITH AN ACTIVE MEMBERSHIP WHO  PARTICIPATED  IN  WORLD  TRADE
CENTER RESCUE, RECOVERY, OR CLEANUP OPERATIONS, AS SUCH PARTICIPATION IS
DEFINED  IN SECTION TWO OF THIS CHAPTER, WHO INCURRED A QUALIFYING WORLD
TRADE CENTER CONDITION, AS DEFINED IN SECTION TWO OF THIS CHAPTER,  THAT
IS  DETERMINED TO HAVE BEEN INCURRED IN THE PERFORMANCE AND DISCHARGE OF
DUTY AND IS THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT  NOT  CAUSED
BY  SUCH MEMBER'S OWN WILLFUL NEGLIGENCE, SHALL BE PAID A PERFORMANCE OF
DUTY DISABILITY RETIREMENT ALLOWANCE EQUAL TO  THREE-QUARTERS  OF  FINAL
AVERAGE  SALARY.    THE  PAYMENT OF SUCH PENSION SHALL BE SUBJECT TO THE
PROVISIONS OF SECTION SIXTY-FOUR OF THIS CHAPTER.
  S 2. Subdivisions h and i of section 507 of the retirement and  social
security law are relettered subdivisions i and j and a new subdivision h
is added to read as follows:
  H.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
ANY MEMBER WITH AN ACTIVE MEMBERSHIP WHO  PARTICIPATED  IN  WORLD  TRADE
CENTER RESCUE, RECOVERY, OR CLEANUP OPERATIONS, AS SUCH PARTICIPATION IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08981-05-5

S. 3521--B                          2

DEFINED  IN SECTION TWO OF THIS CHAPTER, WHO INCURRED A QUALIFYING WORLD
TRADE CENTER CONDITION, AS DEFINED IN SECTION TWO OF THIS CHAPTER,  THAT
IS  DETERMINED TO HAVE BEEN INCURRED IN THE PERFORMANCE AND DISCHARGE OF
DUTY  AND  IS THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT NOT CAUSED
BY SUCH MEMBER'S OWN WILLFUL NEGLIGENCE, SHALL BE PAID A PERFORMANCE  OF
DUTY  DISABILITY  RETIREMENT  ALLOWANCE EQUAL TO THREE-QUARTERS OF FINAL
AVERAGE SALARY.  THE PAYMENT OF SUCH PENSION SHALL  BE  SUBJECT  TO  THE
PROVISIONS OF SECTION SIXTY-FOUR OF THIS CHAPTER.
  S  3.  Paragraph  (a) of subdivision 36 of section 2 of the retirement
and social security law, as amended by chapter 472 of the laws of  2014,
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
fifteen,  and (ii) such member has either successfully passed a physical
examination for entry into public service, or authorized release of  all
relevant medical records, if the member did not undergo a physical exam-
ination for entry into public service; and (iii) there is no evidence of
the  qualifying  condition or impairment of health that formed the basis
for the disability in such physical examination for  entry  into  public
service or in the relevant medical records, prior to September eleventh,
two  thousand one except for such member, or eligible beneficiary in the
case of the member's death, of a local retirement system of a city  with
a population of one million or more that is covered by section 13-551 of
the  administrative  code of the city of New York, or by section twenty-
five hundred seventy-five of the education law and for such  member  who
separated  from  service  with vested rights, or eligible beneficiary of
such member who separated from service with vested rights in the case of
the member's death, of a local retirement system of a city with a  popu-
lation  of  one  million  or  more  who  are covered by sections 13-168,
13-252.1 or 13-353.1 of the administrative code of the city of New  York
or  sections  five  hundred  seven-c,  six  hundred  five-b, six hundred
five-c, or six hundred seven-b of this chapter. The deadline for  filing
a written and sworn statement required by subparagraph (i) of this para-
graph  shall  be  September  eleventh,  two  thousand  fourteen for such
member, or eligible beneficiary in the case of the member's death, of  a
local  retirement  system  of a city with a population of one million or
more that is covered by section 13-551 of the administrative code of the
city of New York, or by section twenty-five hundred seventy-five of  the
education law and for such member who separated from service with vested
rights,  or  eligible  beneficiary  of  such  member  who separated from
service with vested rights in the case of the member's death, of a local
retirement system of a city with a population of one million or more who
are covered by sections 13-168, 13-252.1 or 13-353.1 of the  administra-
tive code of the city of New York and sections five hundred seven-c, six
hundred five-b, six hundred five-c, or six hundred seven-b of this chap-
ter.  NOTWITHSTANDING THE DEADLINE FOR FILING A WRITTEN AND SWORN STATE-
MENT  REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE DEADLINE SHALL
BE SEPTEMBER ELEVENTH, TWO THOUSAND SIXTEEN FOR SUCH MEMBER, OR ELIGIBLE
BENEFICIARY IN THE CASE OF THE MEMBER'S DEATH, ELIGIBLE FOR THE DISABIL-

S. 3521--B                          3

ITY RETIREMENT BENEFIT PROVIDED BY SUBDIVISION H OF SECTION FIVE HUNDRED
SEVEN OR PARAGRAPH FOUR OF SUBDIVISION D OF SECTION SIX HUNDRED FIVE  OF
THIS CHAPTER. Every retirement system shall keep a copy of every written
and  sworn statement that is presented for filing not later than Septem-
ber eleventh, two thousand fifteen, including those  that  are  rejected
for filing as untimely.
  S  4.  This act shall take effect immediately and apply to all members
who are determined to have incurred  a  qualifying  World  Trade  Center
condition  in  the performance and discharge of duty that is the natural
and proximate result of an accident not  caused  by  such  member's  own
willful negligence prior to the effective date of this act.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  would  amend  the benefits of members of public retirement
systems who contract any form of disease or disability related to  expo-
sure  to  any elements in connection with the World Trade Center tragedy
of September 11, 2001. The annual accidental disability benefit would be
75% of a  member's  final  average  salary  less  workers  compensation,
regardless  of  a  member's  plan  coverage. Currently, eligible members
receive the accidental disability benefit specified in  the  plan  under
which  they  are  covered.  This  improved  benefit  would be payable to
current members who may file for this benefit in the future, or  current
retirees  (or their beneficiaries) who are already receiving World Trade
Center related retirement benefits.
  If this bill is enacted, it would  lead  to  more  disabilities  being
classified as "in performance of duty" or "accidental". For the disabil-
ities  so classified due to this bill, the cost would depend on the age,
service, salary and plan of the affected member or retiree, as  well  as
whether  such person would have otherwise been eligible for, or has been
receiving an ordinary disability, a performance of duty disability or  a
service retirement. For those who contract such disease prior to retire-
ment,  it  is estimated that there could be per person one-time costs of
as much as four (4) times salary. For those who  contract  such  disease
subsequent  to a service retirement, it is estimated that there would be
an average per person cost of approximately 150% of final average  sala-
ry.  For those who contract such disease subsequent to an ordinary disa-
bility retirement, it is estimated that there would be  an  average  per
person cost of approximately four (4) times final average salary.
  For  the 38 retirees known to be affected at this time, there would be
a one-time cost of $7.96 million, assuming a payment date  of  March  1,
2016.
  Pursuant  to Section 25 of the Retirement and Social Security Law, the
increased cost would be borne entirely by the  State  of  New  York  and
would  require  an  itemized appropriation sufficient to pay the cost of
the provision. A precise cost for future years can't  be  determined  at
this  time.  Every  year  a  cost  will be determined (and billed to the
state) based on those benefiting from this provision.
  Summary of relevant resources:
  The membership data used in  measuring  the  impact  of  the  proposed
change  was  the same as that used in the March 31, 2014 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2014
Report  of  the  Actuary  and  the  2014  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in the  2010,
2011,  2012, 2013 and 2014 Annual Report to the comptroller on Actuarial
Assumptions, and the Codes Rules and Regulations of  the  State  of  New
York: Audit and Control.

S. 3521--B                          4

  The Market Assets and GASB Disclosures are found in the March 31, 2014
New  York  State  and  Local  Retirement System Financial Statements and
Supplementary Information.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
  This  estimate,  dated  May 21, 2015, and intended for use only during
the 2015 Legislative Session, is Fiscal Note No.  2015-71,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.

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Tony Avella

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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