Senate Bill S6061B

2019-2020 Legislative Session

Relates to participation in World Trade Center rescue, recovery or cleanup operations by members of the state police; repealer

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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
Mar 18, 2020	print number 6061b
Mar 18, 2020	amend and recommit to civil service and pensions
Jan 08, 2020	referred to civil service and pensions
Jun 14, 2019	print number 6061a
Jun 14, 2019	amend and recommit to civil service and pensions
May 16, 2019	referred to civil service and pensions

Bill Amendments

Original

B (Active)

2019-S6061 - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §363-bb, rpld §363-bb sub h ¶1 sub¶ (d), R & SS L; amd §161, Work Comp L

2019-S6061 - Summary

Includes members of the state police who drove or rode in vehicles used in cleanup operations within the definition of participation in World Trade Center rescue, recovery or cleanup operations.

2019-S6061 - Sponsor Memo

                                
 
BILL NUMBER: S6061

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the retirement and social security law
and the workers' compensation law, in relation to participation in World
Trade Center rescue, recovery or cleanup operations by members of the
state police; and to repeal certain provisions of the retirement and
social security law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide a presumption for participation in the World Trade Center
rescue operation for certain state troopers

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision h of section 363-bb of the Retirement and
Social Security Law to provide that a member of the state police who was
employed between September 11th, 2001 and September 11th, 2006 occupying
a position that could reasonably include use of or work on contaminated
vehicles or equipment used in the World Trade Center sites shall receive

a World Trade Center performance-of-duty presumption.

Section 2 repeals subparagraph d of paragraph 1 of subdivision h of
section 363-bb, which provides for a much more narrow definition of
participation in the World Trade Center rescue operation conflicting
with this bill.

Section 3 amends subparagraph e of subdivision h of section 363-bb to
remove the deadline of four years from the effective date of a 2005
chapter to file a sworn statement to be considered for this World Trade
Center presumption. The removal of this deadline thus extends the appli-
cation period indefinitely.

Section 4 amends subparagraph a of paragraph 2 of subdivision h of
section 363-bb to include the heretofore established World Trade Center
presumption for purposes of reclassification.

Section 5 amends clause (i) of subparagraph b of paragraph 2 of subdivi-
sion h of section 363-bb to remove the deadline of four years from the
effective date of a 2005 chapter to file the sworn statement for reclas-
sification.

Section 6 amends subdivisions i and j of section 363-bb to provide for
the heretofore defined World Trade Center presumption for the purposes
of accidental death benefits.

Section 7 amends subdivision 1 of section 161 of the workers' compen-
sation law to establish the heretofore defined World Trade Center
presumption for the purposes of workers' compensation claims.

Section 8 establishes that none of the provisions of this act shall be
subject to section 25 of the retirement and social security law.

Section 9 provides that this act shall take effect immediately, provided
that amendments to the workers' compensation law shall apply to all open
and closed claims coming within the purview of the Board.

 
JUSTIFICATION:
In one of the worst periods in our nation's history, thousands of New
York's bravest risked their lives and health to respond to the 9/11
terrorist attacks and its aftermath. Many of these brave public employ-
ees and civilians qualify for what is known as the "World Trade Center
presumption," with which, if they become permanently disabled due to
certain health conditions and cannot continue their work, they can claim
that the impairment is due to their participation in the events and
aftermath of September 11th. As long as they meet certain qualifying
conditions, the outcome of a World Trade Center-related injury or
illness will be presumed absent competent evidence to the contrary.

This presumption has helped numerous firefighters, cops, 911 dispatch-
ers, and other first responders suffering from certain medical illnesses
and ailments apply for accidental disability retirement benefits, and
has helped bolster the families of these public servants in the form of
accidental death benefits when they pass. The presumption covers
uniformed members of the NYPD, FDNY, DSNY and Department of Correction
(DOC), civilian employees such as EMS workers, 911 dispatchers and
supervisors, emergency vehicle radio repair mechanics, and others. For
all of these titles, in order to qualify for the presumption you must
have worked at Ground Zero during the first 48 hours after the attacks
on September 11th, 2001, or worked at one of the affiliated WTC sites
for at least 40 hours between September 11th, 2001, and September 12th,
2002. You can also be eligible for the WTC presumption if you sustained
an injury during the course of your WTC work that prevented you from
completing the minimum 40 hours. You must be found to be permanently
incapacitated due to the qualifying condition, and you must produce
evidence that did not have the condition upon entering service. Section
363-bb of the Retirement and Social Security Law outlines the above
conditions and benefits of the WTC presumption for members of the State
Police as well.

Yet there is another, extremely significant clause in Section 2 of the
Retirement and Social Security Law (RSSL) that may qualify an applicant
for this presumption. Applicants may also receive disability benefits if
they "repaired, cleaned or rehabilitated vehicles or equipment" owned by
the City of New York that were contaminated by debris from the WTC site,
regardless of where the repair work was done.  This provision was added
in recognition of the fact that the toxic chemicals contained in the
work site were dispersed across many different objects and worked their
way into the lungs and skins of public servants that were many miles
outside of Ground Zero or the affiliated WTC worksites.

Section 363-bb of RSSL establishing the WTC presumption for state troop-
ers does not contain this provision on repair work, and thus covers only
members who actually visited one of the worksites downstate. Yet troop-
ers upstate are now being diagnosed with the same debilitating illnesses
as their downstate counterparts, because they later worked on or drove
in state vehicles that were used in the WTC rescue operations and
contaminated by the same debris. There was no tracking system in place
at the time to be able to tell exactly which vehicle was sent down to
which rescue site and everyone that vehicle may have come into contact
with - as anyone who participated in the aftermath of 9/11 knows, the
recovery operation was truly a herculean, all-hands-on-deck effort in
which police, firefighters, and others answered the call to action on
extremely short notice.


It is thus necessary to establish that any state trooper coming into
contact with these vehicles during the relevant time frame should be
entitled to the same presumption that his/her illness is related to the
WTC aftermath unless competent evidence can prove otherwise.  These
civil servants are being sickened by the same fumes and bacteria as the
first responders at Ground Zero, simply because they came into contact
with the vehicles and equipment used in the rescue operations. They
should not be forced to live a life of destitution and disease simply
because the state lacked the foresight to properly confiscate these
vehicles and put them out of use. This bill would correct this disparity
by clarifying that members of the State Police coming into contact with
the vehicles are eligible for the WTC presumption as well.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately and apply retroactively to
September 11th, 2001.

2019-S6061 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6061
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 and the workers'
   compensation law, in relation to participation in World  Trade  Center
   rescue, recovery or cleanup operations by members of the state police;
   and to repeal certain provisions of the retirement and social security
   law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (a) of paragraph 1 of subdivision h of section
 363-bb of the retirement and social security law, as amended by  chapter
 93 of the laws of 2005, is amended to read as follows:
   (a)  Notwithstanding any provisions of this chapter or of any general,
 special or local law, charter, administrative code or rule or regulation
 to the contrary, any condition or impairment of health caused by a qual-
 ifying condition or impairment of health resulting in  disability  to  a
 member who participated in World Trade Center rescue, recovery or clean-
 up operations for a minimum of forty hours 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. A member shall be eligible for the  presumption  provided  for
 under  this  paragraph  notwithstanding the fact that the member did not
 participate in World Trade Center recovery and cleanup operations for  a
 minimum  of  forty  hours, provided that: (i) the member participated in
 the rescue, recovery, or cleanup operations at the  World  Trade  Center
 site between September eleventh, two thousand one and September twelfth,
 two thousand one; (ii) the member sustained a documented physical injury
 at  the World Trade Center site between September eleventh, two thousand
 one and September twelfth, two thousand one that is a qualifying  condi-
 tion  or impairment of health resulting in disability to the member that
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11587-03-9

 S. 6061                             2
 
 prevented the member from  continuing  to  participate  in  World  Trade
 Center  rescue,  recovery  or  cleanup operations for a minimum of forty
 hours; and (iii) the documented physical injury that resulted in a disa-
 bility  to  the  member  that  prevented  the  member from continuing to
 participate in World Trade Center rescue, recovery or cleanup operations
 for a minimum of forty hours is the qualifying condition  or  impairment
 of  health  which  the  member  seeks to be eligible for the presumption
 provided for under this paragraph. A MEMBER SHALL ALSO BE  ELIGIBLE  FOR
 THE  PRESUMPTION  PROVIDED  FOR UNDER THIS PARAGRAPH NOTWITHSTANDING THE
 FACT THAT THE MEMBER DID NOT PARTICIPATE IN WORLD TRADE CENTER  RECOVERY
 AND  CLEANUP  OPERATIONS FOR A MINIMUM OF FORTY HOURS, PROVIDED THAT THE
 MEMBER DROVE, RODE IN, REPAIRED, CLEANED,  REHABILITATED,  OR  OTHERWISE
 USED  OR  WORKED  IN  VEHICLES OR EQUIPMENT, INCLUDING EMERGENCY VEHICLE
 RADIO EQUIPMENT, OWNED BY THE STATE OF NEW YORK THAT WAS CONTAMINATED BY
 DEBRIS IN THE WORLD TRADE CENTER SITE, AS DEFINED IN  PARAGRAPH  (F)  OF
 SUBDIVISION  THIRTY-SIX  OF  SECTION  TWO OF THIS CHAPTER, REGARDLESS OF
 WHETHER THE USE OF OR WORK ON SUCH VEHICLES AND EQUIPMENT WAS  PERFORMED
 WITHIN  THE  WORLD  TRADE  CENTER  SITE,  AND  PROVIDED SUCH USE OR WORK
 OCCURRED PRIOR TO DECONTAMINATION OF SUCH VEHICLES OR EQUIPMENT.  ABSENT
 PROOF  TO THE CONTRARY, CONTAMINATION IS PRESUMED WHERE SUCH VEHICLES OR
 EQUIPMENT WERE IN SERVICE BETWEEN SEPTEMBER ELEVENTH, TWO  THOUSAND  ONE
 AND  SEPTEMBER  ELEVENTH,  TWO  THOUSAND TWO AND USED IN THE WORLD TRADE
 CENTER SITE. FURTHERMORE, IT IS PRESUMED A MEMBER WHO WAS  A  MEMBER  OF
 THE  STATE  POLICE  BETWEEN  SEPTEMBER  ELEVENTH,  TWO  THOUSAND ONE AND
 SEPTEMBER ELEVENTH, TWO THOUSAND SIX,  AND  OCCUPIED  A  POSITION  WHOSE
 DUTIES  WOULD  REASONABLY  INCLUDE  USE  OF OR WORK ON SUCH CONTAMINATED
 VEHICLES AND EQUIPMENT, DROVE, RODE  IN,  REPAIRED,  CLEANED,  REHABILI-
 TATED,  OR  OTHERWISE  USED  OR WORKED ON SUCH CONTAMINATED VEHICLES AND
 EQUIPMENT.
   § 2. Subparagraph (d) of paragraph 1 of subdivision h of section  363-
 bb of the retirement and social security law is REPEALED.
   §  3. Subparagraph (e) of paragraph 1 of subdivision h of section 363-
 bb of the retirement and social security law, as amended by chapter  495
 of the laws of 2007, is amended to read as follows:
   (e)  In  order  to be eligible for consideration for such presumption,
 such member must file a written and sworn statement  with  the  member's
 retirement system on a form provided by such system indicating the dates
 and  locations  of  employment.  [Such statement must be filed not later
 than four years following the effective date of chapter one hundred four
 of the laws of two thousand five.]
   § 4. Subparagraph (a) of paragraph 2 of subdivision h of section  363-
 bb  of  the retirement and social security law, as amended by chapter 93
 of the laws of 2005, is amended to read as follows:
   (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 for a minimum of forty hours, and
 subsequently retired on a service  retirement,  an  ordinary  disability
 retirement,  a  performance  of  duty  disability  retirement or a state
 police disability retirement pursuant to section  three  hundred  sixty-
 three-b of this title and subsequent to such retirement incurred a disa-
 bility  caused  by  any qualifying condition or impairment of the health
 which the comptroller determines to have been caused  by  such  member's
 having  participated  in  World Trade Center rescue, recovery or cleanup
 operations for a minimum of forty hours, upon such determination by  the
 comptroller  it  shall  be presumed that such disability was incurred in

 S. 6061                             3
 
 the performance and discharge of  duty  as  the  natural  and  proximate
 result  of  an  accident  not caused by such member's own willful negli-
 gence, and that the member would have been physically or mentally  inca-
 pacitated 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.  A  member  shall  be  eligible for the presumption
 provided for under this paragraph  notwithstanding  the  fact  that  the
 member  did  not  participate  in World Trade Center rescue, recovery or
 cleanup operations for a minimum of forty hours, provided that: (i)  the
 member  participated  in  the rescue, recovery, or cleanup operations at
 the World Trade Center site between September eleventh, two thousand one
 and September twelfth, two thousand one; (ii)  the  member  sustained  a
 documented  physical  injury  at  the  World  Trade  Center site between
 September eleventh, two thousand one and September twelfth, two thousand
 one that is a qualifying condition or impairment of health resulting  in
 disability  to  the  member that prevented the member from continuing to
 participate in World Trade Center rescue, recovery or cleanup operations
 for a minimum of forty hours; and (iii) the documented  physical  injury
 that  resulted  in  a disability to the member that prevented the member
 from continuing to participate in World Trade Center rescue, recovery or
 cleanup operations for a minimum of forty hours is the qualifying condi-
 tion or impairment of health which the member seeks to be  eligible  for
 the  presumption  provided for under this paragraph. A MEMBER SHALL ALSO
 BE ELIGIBLE FOR  THE  PRESUMPTION  PROVIDED  FOR  UNDER  THIS  PARAGRAPH
 NOTWITHSTANDING  THE  FACT  THAT THE MEMBER DID NOT PARTICIPATE IN WORLD
 TRADE CENTER RECOVERY AND CLEANUP OPERATIONS  FOR  A  MINIMUM  OF  FORTY
 HOURS, PROVIDED THAT THE MEMBER DROVE, RODE IN, REPAIRED, CLEANED, REHA-
 BILITATED, OR OTHERWISE USED OR WORKED IN VEHICLES OR EQUIPMENT, INCLUD-
 ING  EMERGENCY  VEHICLE  RADIO EQUIPMENT, OWNED BY THE STATE OF NEW YORK
 THAT WAS CONTAMINATED BY DEBRIS IN  THE  WORLD  TRADE  CENTER  SITE,  AS
 DEFINED  IN  PARAGRAPH  (F)  OF SUBDIVISION THIRTY-SIX OF SECTION TWO OF
 THIS CHAPTER, REGARDLESS OF WHETHER THE USE OF OR WORK ON SAID  VEHICLES
 AND  EQUIPMENT  WAS  PERFORMED  WITHIN  THE WORLD TRADE CENTER SITE, AND
 PROVIDED SUCH USE OR WORK OCCURRED  PRIOR  TO  DECONTAMINATION  OF  SUCH
 VEHICLES  OR  EQUIPMENT.  ABSENT PROOF TO THE CONTRARY, CONTAMINATION IS
 PRESUMED WHERE SUCH  VEHICLES  OR  EQUIPMENT  WERE  IN  SERVICE  BETWEEN
 SEPTEMBER  ELEVENTH,  TWO THOUSAND ONE AND SEPTEMBER ELEVENTH, TWO THOU-
 SAND TWO AND USED IN THE WORLD TRADE CENTER  SITE.  FURTHERMORE,  IT  IS
 PRESUMED  THAT  A  MEMBER  WHO  WAS A MEMBER OF THE STATE POLICE BETWEEN
 SEPTEMBER ELEVENTH, TWO THOUSAND ONE AND SEPTEMBER ELEVENTH,  TWO  THOU-
 SAND  SIX, AND OCCUPIED A POSITION WHOSE DUTIES WOULD REASONABLY INCLUDE
 USE OF OR WORK ON SUCH CONTAMINATED VEHICLES AND EQUIPMENT, DROVE,  RODE
 IN,  REPAIRED,  CLEANED,  REHABILITATED,  OR OTHERWISE USED OR WORKED ON
 SUCH CONTAMINATED VEHICLES AND EQUIPMENT.
   § 5. Clause (i) of subparagraph (b) of paragraph 2 of subdivision h of
 section 363-bb of the retirement and social security law, as amended  by
 chapter 495 of the laws of 2007, is amended to read as follows:
   (i)  the  member files a written and sworn statement with the member's
 retirement system on a form provided by such system indicating the dates
 and locations of employment [within four years following  the  effective
 date of chapter one hundred four of the laws of two thousand five]; and
   §  6.  Subdivisions  i  and  j of section 363-bb of the retirement and
 social security law, subdivision i as amended and subdivision j as added
 by chapter 5 of the laws of 2007, are amended to read as follows:

 S. 6061                             4
 
   i. 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 who: (1) has met  the  criteria
 of  subdivision h 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; and (2) has not been retired for more than  twen-
 ty-five years; and (3) dies from a qualifying condition or impairment of
 health, as defined in subparagraph (c) of paragraph one of subdivision h
 of  this  section,  that  is  determined  by  the applicable head of the
 retirement system or applicable medical board to  have  been  caused  by
 such  retiree's participation in the World Trade Center rescue, recovery
 or cleanup operations, [as defined in subparagraph (d) of paragraph  one
 of] OR IS OTHERWISE ELIGIBLE FOR THE PRESUMPTION AS PROVIDED IN subdivi-
 sion  h of this section, then unless the contrary be proven by competent
 evidence, such retiree 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
 eligible beneficiary, as set forth in section three hundred sixty-one of
 this title, shall be entitled to an accidental death benefit as provided
 by  section  three  hundred  sixty-one  of  this title, however, for the
 purposes of determining the salary base upon which the accidental  death
 benefit  is  calculated, the retiree shall be deemed to have died on the
 date of his or her retirement. Upon the retiree's  death,  the  eligible
 beneficiary  shall make a 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 three hundred sixty-one of this
 title requesting conversion of  such  retiree'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,  including  any  post-retirement  death  benefits,  since   the
 retiree'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), the accidental death benefit payments to the eligible
 beneficiary  will be reduced by any amounts paid or payable to any other
 beneficiary.
   j. 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 h of this section; and (2) dies in  active  service  from  a
 qualifying condition or impairment of health, as defined in subparagraph
 (c)  of  paragraph  one of subdivision h of this section, that is deter-
 mined 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  subparagraph  (d)  of paragraph one of] OR IS OTHERWISE ELIGIBLE FOR
 THE PRESUMPTION AS PROVIDED IN  subdivision  h  of  this  section,  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  three hundred sixty-one of this title, 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

 S. 6061                             5
 
 filing  an  application  for an accidental death benefit as set forth in
 section three hundred sixty-one of this title.
   § 7. Subdivision 1 of section 161 of the workers' compensation law, as
 added by chapter 446 of the laws of 2006, is amended to read as follows:
   1.  "Participant  in  World  Trade Center rescue, recovery, or cleanup
 operations" means any (a) employee who within the course of  employment,
 or (b) volunteer upon presentation to the board of evidence satisfactory
 to the board that he or she:
   (i) participated in the rescue, recovery, or cleanup operations at the
 World Trade Center site between September eleventh, two thousand one and
 September twelfth, two thousand two; or
   (ii)  worked  at  the  Fresh  Kills Land Fill in New York city between
 September eleventh, two thousand one and September twelfth, two thousand
 two[,]; or
   (iii) worked at the New York city morgue or the  temporary  morgue  on
 pier locations on the west side of Manhattan between September eleventh,
 two thousand one and September twelfth, two thousand two[,]; or
   (iv)  worked  on the barges between the west side of Manhattan and the
 Fresh Kills Land Fill in New York city between September  eleventh,  two
 thousand one and September twelfth, two thousand two[.]; OR
   (V)  AS  A  MEMBER  OF  THE  STATE  POLICE,  DROVE, RODE IN, REPAIRED,
 CLEANED, REHABILITATED, OR OTHERWISE  USED  OR  WORKED  IN  VEHICLES  OR
 EQUIPMENT,  INCLUDING  EMERGENCY  VEHICLE  RADIO EQUIPMENT, OWNED BY THE
 STATE OF NEW YORK THAT WAS CONTAMINATED BY DEBRIS  IN  THE  WORLD  TRADE
 CENTER  SITE,  AS  DEFINED IN PARAGRAPH (F) OF SUBDIVISION THIRTY-SIX OF
 SECTION TWO OF THE RETIREMENT AND SOCIAL  SECURITY  LAW,  REGARDLESS  OF
 WHETHER  THE USE OF OR WORK ON SAID VEHICLES AND EQUIPMENT WAS PERFORMED
 WITHIN THE WORLD TRADE CENTER SITE, PROVIDED SUCH USE OR  WORK  OCCURRED
 PRIOR TO DECONTAMINATION OF SUCH VEHICLES OR EQUIPMENT.  ABSENT PROOF TO
 THE CONTRARY, CONTAMINATION IS PRESUMED WHERE SUCH VEHICLES OR EQUIPMENT
 WERE IN SERVICE BETWEEN SEPTEMBER ELEVENTH, TWO THOUSAND ONE AND SEPTEM-
 BER  ELEVENTH, TWO THOUSAND TWO AND USED IN THE WORLD TRADE CENTER SITE.
 FURTHERMORE, IT IS PRESUMED A MEMBER WHO  WAS  A  MEMBER  OF  THE  STATE
 POLICE  BETWEEN SEPTEMBER ELEVENTH, TWO THOUSAND ONE AND SEPTEMBER ELEV-
 ENTH, TWO THOUSAND SIX, AND  OCCUPIED  A  POSITION  WHOSE  DUTIES  WOULD
 REASONABLY  INCLUDE  USE  OF  OR  WORK  ON THE CONTAMINATED VEHICLES AND
 EQUIPMENT, DROVE, RODE IN, REPAIRED, CLEANED, REHABILITATED,  OR  OTHER-
 WISE USED OR WORKED ON SUCH CONTAMINATED VEHICLES AND EQUIPMENT.
   §  8. Notwithstanding any other provision to the contrary, none of the
 provisions of this act shall be subject to section 25 of the  retirement
 and social security law.
   §  9.  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 section 161 of the workers'
 compensation law made by section seven of this act shall  apply  to  all
 open and closed claims coming within the purview of the workers' compen-
 sation board.

2019-S6061A - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §363-bb, rpld §363-bb sub h ¶1 sub¶ (d), R & SS L; amd §161, Work Comp L

2019-S6061A - Summary

Includes members of the state police who drove or rode in vehicles used in cleanup operations within the definition of participation in World Trade Center rescue, recovery or cleanup operations.

2019-S6061A - Sponsor Memo

                                
 
BILL NUMBER: S6061A

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the retirement and social security law
and the workers' compensation law, in relation to participation in World
Trade Center rescue, recovery or cleanup operations by members of the
state police; and to repeal certain provisions of the retirement and
social security law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide a presumption for participation in the World Trade Center
rescue operation for certain state troopers

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision h of section 363-bb of the Retirement and
Social Security Law to provide that a member of the state police who was
employed between September 11th, 2001 and September 11th, 2006 occupying
a position that could reasonably include use of or work on contaminated
vehicles or equipment used in the World Trade Center sites shall receive

a World Trade Center performance-of-duty presumption.

Section 2 repeals subparagraph d of paragraph 1 of subdivision h of
section 363-bb, which provides for a much more narrow definition of
participation in the World Trade Center rescue operation conflicting
with this bill.

Section 3 amends subparagraph e of subdivision h of section 363-bb to
remove the deadline of four years from the effective date of a 2005
chapter to file a sworn statement to be considered for this World Trade
Center presumption. The removal of this deadline thus extends the appli-
cation period indefinitely.

Section 4 amends subparagraph a of paragraph 2 of subdivision h of
section 363-bb to include the heretofore established World Trade Center
presumption for purposes of reclassification.

Section 5 amends clause (i) of subparagraph b of paragraph 2 of subdivi-
sion h of section 363-bb to remove the deadline of four years from the
effective date of a 2005 chapter to file the sworn statement for reclas-
sification.

Section 6 amends subdivisions i and j of section 363-bb to provide for
the heretofore defined World Trade Center presumption for the purposes
of accidental death benefits.

Section 7 amends subdivision 1 of section 161 of the workers' compen-
sation law to establish the heretofore defined World Trade Center
presumption for the purposes of workers' compensation claims.

Section 8 establishes that none of the provisions of this act shall be
subject to section 25 of the retirement and social security law.

Section 9 provides that this act shall take effect immediately, provided
that amendments to the workers' compensation law shall apply to all open
and closed claims coming within the purview of the Board.

 
JUSTIFICATION:
In one of the worst periods in our nation's history, thousands of New
York's bravest risked their lives and health to respond to the 9/11
terrorist attacks and its aftermath. Many of these brave public employ-
ees and civilians qualify for what is known as the "World Trade Center
presumption," with which, if they become permanently disabled due to
certain health conditions and cannot continue their work, they can claim
that the impairment is due to their participation in the events and
aftermath of September 11th. As long as they meet certain qualifying
conditions, the outcome of a World Trade Center-related injury or
illness will be presumed absent competent evidence to the contrary.

This presumption has helped numerous firefighters, cops, 911 dispatch-
ers, and other first responders suffering from certain medical illnesses
and ailments apply for accidental disability retirement benefits, and
has helped bolster the families of these public servants in the form of
accidental death benefits when they pass. The presumption covers
uniformed members of the NYPD, FDNY, DSNY and Department of Correction
(DOC), civilian employees such as EMS workers, 911 dispatchers and
supervisors, emergency vehicle radio repair mechanics, and others. For
all of these titles, in order to qualify for the presumption you must
have worked at Ground Zero during the first 48 hours after the attacks
on September 11th, 2001, or worked at one of the affiliated WTC sites
for at least 40 hours between September 11th, 2001, and September 12th,
2002. You can also be eligible for the WTC presumption if you sustained
an injury during the course of your WTC work that prevented you from
completing the minimum 40 hours. You must be found to be permanently
incapacitated due to the qualifying condition, and you must produce
evidence that did not have the condition upon entering service. Section
363-bb of the Retirement and Social Security Law outlines the above
conditions and benefits of the WTC presumption for members of the State
Police as well.

Yet there is another, extremely significant clause in Section 2 of the
Retirement and Social Security Law (RSSL) that may qualify an applicant
for this presumption. Applicants may also receive disability benefits if
they "repaired, cleaned or rehabilitated vehicles or equipment" owned by
the City of New York that were contaminated by debris from the WTC site,
regardless of where the repair work was done.  This provision was added
in recognition of the fact that the toxic chemicals contained in the
work site were dispersed across many different objects and worked their
way into the lungs and skins of public servants that were many miles
outside of Ground Zero or the affiliated WTC worksites.

Section 363-bb of RSSL establishing the WTC presumption for state troop-
ers does not contain this provision on repair work, and thus covers only
members who actually visited one of the worksites downstate. Yet troop-
ers upstate are now being diagnosed with the same debilitating illnesses
as their downstate counterparts, because they later worked on or drove
in state vehicles that were used in the WTC rescue operations and
contaminated by the same debris. There was no tracking system in place
at the time to be able to tell exactly which vehicle was sent down to
which rescue site and everyone that vehicle may have come into contact
with - as anyone who participated in the aftermath of 9/11 knows, the
recovery operation was truly a herculean, all-hands-on-deck effort in
which police, firefighters, and others answered the call to action on
extremely short notice.


It is thus necessary to establish that any state trooper coming into
contact with these vehicles during the relevant time frame should be
entitled to the same presumption that his/her illness is related to the
WTC aftermath unless competent evidence can prove otherwise.  These
civil servants are being sickened by the same fumes and bacteria as the
first responders at Ground Zero, simply because they came into contact
with the vehicles and equipment used in the rescue operations. They
should not be forced to live a life of destitution and disease simply
because the state lacked the foresight to properly confiscate these
vehicles and put them out of use. This bill would correct this disparity
by clarifying that members of the State Police coming into contact with
the vehicles are eligible for the WTC presumption as well.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

See bill.

 
EFFECTIVE DATE:
This act shall take effect immediately and apply retroactively to
September 11th, 2001.

2019-S6061A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6061--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 and the  workers'
   compensation  law,  in relation to participation in World Trade Center
   rescue, recovery or cleanup operations by members of the state police;
   and to repeal certain provisions of the retirement and social security
   law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (a) of paragraph 1 of subdivision h of section
 363-bb  of the retirement and social security law, as amended by chapter
 93 of the laws of 2005, is amended to read as follows:
   (a) Notwithstanding any provisions of this chapter or of any  general,
 special or local law, charter, administrative code or rule or regulation
 to the contrary, any condition or impairment of health caused by a qual-
 ifying  condition  or  impairment of health resulting in disability to a
 member who participated in World Trade Center rescue, recovery or clean-
 up operations for a minimum of forty hours 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.  A  member  shall be eligible for the presumption provided for
 under this paragraph notwithstanding the fact that the  member  did  not
 participate  in World Trade Center recovery and cleanup operations for a
 minimum of forty hours, provided that: (i) the  member  participated  in
 the  rescue,  recovery,  or cleanup operations at the World Trade Center
 site between September eleventh, two thousand one and September twelfth,
 two thousand one; (ii) the member sustained a documented physical injury
 at the World Trade Center site between September eleventh, two  thousand
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11587-04-9

 S. 6061--A                          2
 
 one  and September twelfth, two thousand one that is a qualifying condi-
 tion or impairment of health resulting in disability to the member  that
 prevented  the  member  from  continuing  to  participate in World Trade
 Center  rescue,  recovery  or  cleanup operations for a minimum of forty
 hours; and (iii) the documented physical injury that resulted in a disa-
 bility to the member  that  prevented  the  member  from  continuing  to
 participate in World Trade Center rescue, recovery or cleanup operations
 for  a  minimum of forty hours is the qualifying condition or impairment
 of health which the member seeks to  be  eligible  for  the  presumption
 provided  for  under this paragraph. A MEMBER SHALL ALSO BE ELIGIBLE FOR
 THE PRESUMPTION PROVIDED FOR UNDER THIS  PARAGRAPH  NOTWITHSTANDING  THE
 FACT  THAT THE MEMBER DID NOT PARTICIPATE IN WORLD TRADE CENTER RECOVERY
 AND CLEANUP OPERATIONS FOR A MINIMUM OF FORTY HOURS, PROVIDED  THAT  THE
 MEMBER  DROVE,  RODE  IN, REPAIRED, CLEANED, REHABILITATED, OR OTHERWISE
 USED OR WORKED IN VEHICLES OR  EQUIPMENT,  INCLUDING  EMERGENCY  VEHICLE
 RADIO EQUIPMENT, OWNED BY THE STATE OF NEW YORK THAT WAS CONTAMINATED BY
 DEBRIS  IN  THE  WORLD TRADE CENTER SITE, AS DEFINED IN PARAGRAPH (F) OF
 SUBDIVISION THIRTY-SIX OF SECTION TWO OF  THIS  CHAPTER,  REGARDLESS  OF
 WHETHER  THE USE OF OR WORK ON SUCH VEHICLES AND EQUIPMENT WAS PERFORMED
 WITHIN THE WORLD TRADE CENTER  SITE,  AND  PROVIDED  SUCH  USE  OR  WORK
 OCCURRED  PRIOR TO DECONTAMINATION OF SUCH VEHICLES OR EQUIPMENT. ABSENT
 PROOF TO THE CONTRARY, CONTAMINATION IS PRESUMED WHERE SUCH VEHICLES  OR
 EQUIPMENT  WERE  IN SERVICE BETWEEN SEPTEMBER ELEVENTH, TWO THOUSAND ONE
 AND SEPTEMBER ELEVENTH, TWO THOUSAND TWO AND USED  IN  THE  WORLD  TRADE
 CENTER  SITE.  FURTHERMORE,  IT IS PRESUMED A MEMBER WHO WAS A MEMBER OF
 THE STATE POLICE  BETWEEN  SEPTEMBER  ELEVENTH,  TWO  THOUSAND  ONE  AND
 SEPTEMBER  ELEVENTH,  TWO  THOUSAND  SIX,  AND OCCUPIED A POSITION WHOSE
 DUTIES WOULD REASONABLY INCLUDE USE OF  OR  WORK  ON  SUCH  CONTAMINATED
 VEHICLES  AND  EQUIPMENT,  DROVE,  RODE IN, REPAIRED, CLEANED, REHABILI-
 TATED, OR OTHERWISE USED OR WORKED ON  SUCH  CONTAMINATED  VEHICLES  AND
 EQUIPMENT.
   §  2. Subparagraph (d) of paragraph 1 of subdivision h of section 363-
 bb of the retirement and social security law is REPEALED.
   § 3. Subparagraph (e) of paragraph 1 of subdivision h of section  363-
 bb  of the retirement and social security law, as amended by chapter 495
 of the laws of 2007, is amended to read as follows:
   (e) In order to be eligible for consideration  for  such  presumption,
 such  member  must  file a written and sworn statement with the member's
 retirement system on a form provided by such system indicating the dates
 and locations of employment. [Such statement must  be  filed  not  later
 than four years following the effective date of chapter one hundred four
 of the laws of two thousand five.]
   §  4. Subparagraph (a) of paragraph 2 of subdivision h of section 363-
 bb of the retirement and social security law, as amended by  chapter  93
 of the laws of 2005, is amended to read as follows:
   (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 for a minimum of forty hours, and
 subsequently  retired  on  a  service retirement, an ordinary disability
 retirement, a performance of  duty  disability  retirement  or  a  state
 police  disability  retirement  pursuant to section three hundred sixty-
 three-b of this title and subsequent to such retirement incurred a disa-
 bility caused by any qualifying condition or impairment  of  the  health
 which  the  comptroller  determines to have been caused by such member's
 having participated in World Trade Center rescue,  recovery  or  cleanup

 S. 6061--A                          3
 
 operations  for a minimum of forty hours, upon such determination by the
 comptroller 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 negli-
 gence, and that the member would have been physically or mentally  inca-
 pacitated 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.  A  member  shall  be  eligible for the presumption
 provided for under this paragraph  notwithstanding  the  fact  that  the
 member  did  not  participate  in World Trade Center rescue, recovery or
 cleanup operations for a minimum of forty hours, provided that: (i)  the
 member  participated  in  the rescue, recovery, or cleanup operations at
 the World Trade Center site between September eleventh, two thousand one
 and September twelfth, two thousand one; (ii)  the  member  sustained  a
 documented  physical  injury  at  the  World  Trade  Center site between
 September eleventh, two thousand one and September twelfth, two thousand
 one that is a qualifying condition or impairment of health resulting  in
 disability  to  the  member that prevented the member from continuing to
 participate in World Trade Center rescue, recovery or cleanup operations
 for a minimum of forty hours; and (iii) the documented  physical  injury
 that  resulted  in  a disability to the member that prevented the member
 from continuing to participate in World Trade Center rescue, recovery or
 cleanup operations for a minimum of forty hours is the qualifying condi-
 tion or impairment of health which the member seeks to be  eligible  for
 the  presumption  provided for under this paragraph. A MEMBER SHALL ALSO
 BE ELIGIBLE FOR  THE  PRESUMPTION  PROVIDED  FOR  UNDER  THIS  PARAGRAPH
 NOTWITHSTANDING  THE  FACT  THAT THE MEMBER DID NOT PARTICIPATE IN WORLD
 TRADE CENTER RECOVERY AND CLEANUP OPERATIONS  FOR  A  MINIMUM  OF  FORTY
 HOURS, PROVIDED THAT THE MEMBER DROVE, RODE IN, REPAIRED, CLEANED, REHA-
 BILITATED, OR OTHERWISE USED OR WORKED IN VEHICLES OR EQUIPMENT, INCLUD-
 ING  EMERGENCY  VEHICLE  RADIO EQUIPMENT, OWNED BY THE STATE OF NEW YORK
 THAT WAS CONTAMINATED BY DEBRIS IN  THE  WORLD  TRADE  CENTER  SITE,  AS
 DEFINED  IN  PARAGRAPH  (F)  OF SUBDIVISION THIRTY-SIX OF SECTION TWO OF
 THIS CHAPTER, REGARDLESS OF WHETHER THE USE OF OR WORK ON SAID  VEHICLES
 AND  EQUIPMENT  WAS  PERFORMED  WITHIN  THE WORLD TRADE CENTER SITE, AND
 PROVIDED SUCH USE OR WORK OCCURRED  PRIOR  TO  DECONTAMINATION  OF  SUCH
 VEHICLES  OR  EQUIPMENT.  ABSENT PROOF TO THE CONTRARY, CONTAMINATION IS
 PRESUMED WHERE SUCH  VEHICLES  OR  EQUIPMENT  WERE  IN  SERVICE  BETWEEN
 SEPTEMBER  ELEVENTH,  TWO THOUSAND ONE AND SEPTEMBER ELEVENTH, TWO THOU-
 SAND TWO AND USED IN THE WORLD TRADE CENTER  SITE.  FURTHERMORE,  IT  IS
 PRESUMED  THAT  A  MEMBER  WHO  WAS A MEMBER OF THE STATE POLICE BETWEEN
 SEPTEMBER ELEVENTH, TWO THOUSAND ONE AND SEPTEMBER ELEVENTH,  TWO  THOU-
 SAND  SIX, AND OCCUPIED A POSITION WHOSE DUTIES WOULD REASONABLY INCLUDE
 USE OF OR WORK ON SUCH CONTAMINATED VEHICLES AND EQUIPMENT, DROVE,  RODE
 IN,  REPAIRED,  CLEANED,  REHABILITATED,  OR OTHERWISE USED OR WORKED ON
 SUCH CONTAMINATED VEHICLES AND EQUIPMENT.
   § 5. Clause (i) of subparagraph (b) of paragraph 2 of subdivision h of
 section 363-bb of the retirement and social security law, as amended  by
 chapter 495 of the laws of 2007, is amended to read as follows:
   (i)  the  member files a written and sworn statement with the member's
 retirement system on a form provided by such system indicating the dates
 and locations of employment [within four years following  the  effective
 date of chapter one hundred four of the laws of two thousand five]; and

 S. 6061--A                          4
 
   §  6.  Subdivisions  i  and  j of section 363-bb of the retirement and
 social security law, subdivision i as amended and subdivision j as added
 by chapter 5 of the laws of 2007, are amended to read as follows:
   i.  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 who: (1) has met the criteria
 of subdivision h 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; and (2) has not been retired for more than  twen-
 ty-five years; and (3) dies from a qualifying condition or impairment of
 health, as defined in subparagraph (c) of paragraph one of subdivision h
 of  this  section,  that  is  determined  by  the applicable head of the
 retirement system or applicable medical board to  have  been  caused  by
 such  retiree's participation in the World Trade Center rescue, recovery
 or cleanup operations, [as defined in subparagraph (d) of paragraph  one
 of] OR IS OTHERWISE ELIGIBLE FOR THE PRESUMPTION AS PROVIDED IN subdivi-
 sion  h of this section, then unless the contrary be proven by competent
 evidence, such retiree 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
 eligible beneficiary, as set forth in section three hundred sixty-one of
 this title, shall be entitled to an accidental death benefit as provided
 by  section  three  hundred  sixty-one  of  this title, however, for the
 purposes of determining the salary base upon which the accidental  death
 benefit  is  calculated, the retiree shall be deemed to have died on the
 date of his or her retirement. Upon the retiree's  death,  the  eligible
 beneficiary  shall make a 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 three hundred sixty-one of this
 title requesting conversion of  such  retiree'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,  including  any  post-retirement  death  benefits,  since   the
 retiree'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), the accidental death benefit payments to the eligible
 beneficiary  will be reduced by any amounts paid or payable to any other
 beneficiary.
   j. 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 h of this section; and (2) dies in  active  service  from  a
 qualifying condition or impairment of health, as defined in subparagraph
 (c)  of  paragraph  one of subdivision h of this section, that is deter-
 mined 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  subparagraph  (d)  of paragraph one of] OR IS OTHERWISE ELIGIBLE FOR
 THE PRESUMPTION AS PROVIDED IN  subdivision  h  of  this  section,  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

 S. 6061--A                          5
 
 set  forth  in  section  three hundred sixty-one of this title, 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 three hundred sixty-one of this title.
   § 7. Subdivision 1 of section 161 of the workers' compensation law, as
 added by chapter 446 of the laws of 2006, is amended to read as follows:
   1. "Participant in World Trade Center  rescue,  recovery,  or  cleanup
 operations"  means any (a) employee who within the course of employment,
 or (b) volunteer upon presentation to the board of evidence satisfactory
 to the board that he or she:
   (i) participated in the rescue, recovery, or cleanup operations at the
 World Trade Center site between September eleventh, two thousand one and
 September twelfth, two thousand two; or
   (ii) worked at the Fresh Kills Land Fill  in  New  York  city  between
 September eleventh, two thousand one and September twelfth, two thousand
 two[,]; or
   (iii)  worked  at  the New York city morgue or the temporary morgue on
 pier locations on the west side of Manhattan between September eleventh,
 two thousand one and September twelfth, two thousand two[,]; or
   (iv) worked on the barges between the west side of Manhattan  and  the
 Fresh  Kills  Land Fill in New York city between September eleventh, two
 thousand one and September twelfth, two thousand two[.]; OR
   (V) AS A MEMBER  OF  THE  STATE  POLICE,  DROVE,  RODE  IN,  REPAIRED,
 CLEANED,  REHABILITATED,  OR  OTHERWISE  USED  OR  WORKED IN VEHICLES OR
 EQUIPMENT, INCLUDING EMERGENCY VEHICLE RADIO  EQUIPMENT,  OWNED  BY  THE
 STATE  OF  NEW  YORK  THAT WAS CONTAMINATED BY DEBRIS IN THE WORLD TRADE
 CENTER SITE, AS DEFINED IN PARAGRAPH (F) OF  SUBDIVISION  THIRTY-SIX  OF
 SECTION  TWO  OF  THE  RETIREMENT AND SOCIAL SECURITY LAW, REGARDLESS OF
 WHETHER THE USE OF OR WORK ON SAID VEHICLES AND EQUIPMENT WAS  PERFORMED
 WITHIN  THE  WORLD TRADE CENTER SITE, PROVIDED SUCH USE OR WORK OCCURRED
 PRIOR TO DECONTAMINATION OF SUCH VEHICLES OR EQUIPMENT.  ABSENT PROOF TO
 THE CONTRARY, CONTAMINATION IS PRESUMED WHERE SUCH VEHICLES OR EQUIPMENT
 WERE IN SERVICE BETWEEN SEPTEMBER ELEVENTH, TWO THOUSAND ONE AND SEPTEM-
 BER ELEVENTH, TWO THOUSAND TWO AND USED IN THE WORLD TRADE CENTER  SITE.
 FURTHERMORE,  IT  IS  PRESUMED  A  MEMBER  WHO WAS A MEMBER OF THE STATE
 POLICE BETWEEN SEPTEMBER ELEVENTH, TWO THOUSAND ONE AND SEPTEMBER  ELEV-
 ENTH,  TWO  THOUSAND  SIX,  AND  OCCUPIED  A POSITION WHOSE DUTIES WOULD
 REASONABLY INCLUDE USE OF OR  WORK  ON  THE  CONTAMINATED  VEHICLES  AND
 EQUIPMENT,  DROVE,  RODE IN, REPAIRED, CLEANED, REHABILITATED, OR OTHER-
 WISE USED OR WORKED ON SUCH CONTAMINATED VEHICLES AND EQUIPMENT.
   § 8. Notwithstanding any other provision to the contrary, none of  the
 provisions  of this act shall be subject to section 25 of the retirement
 and social security law.
   § 9. 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 section 161  of  the  workers'
 compensation  law  made  by section seven of this act shall apply to all
 open and closed claims coming within the purview of the workers' compen-
 sation board.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would expand the definition of a "participant in World Trade
 Center rescue, recovery, or cleanup operations" for members of the State
 Police by (1) eliminating the requirement to  have  worked  at  specific
 covered  sites, and (2) establishing the use of a State vehicle prior to
 decontamination as a  qualified  form  of  participation.  Unless  there

 S. 6061--A                          6
 
 exists  competent  evidence  to the contrary, State vehicles used at the
 World Trade Center site between September 11,  2001  and  September  11,
 2002  are presumed to be contaminated, and all State Police officers who
 worked between September 11, 2001 and September 11, 2006, who could have
 reasonably  used a contaminated State vehicle, are presumed to have used
 such vehicle prior to  decontamination.  These  provisions  take  effect
 retroactively, beginning September 11, 2001.
   For  members  who meet the requirements to be considered a participant
 in the World Trade Center rescue, recovery, or cleanup  operations,  the
 emergence  of  any  form  of  disease or impairment of health related to
 exposure to any elements in connection with such participation serves as
 presumptive evidence that such disability, or death as a result of  such
 disability,  was  the  result  of  an  accident and was sustained in the
 performance of duty, absent proof to the contrary.
   If this bill is enacted,  it  would  reclassify  certain  current  and
 future  retirement benefits. The cost of the revised benefit will depend
 upon the applicant's age, service, salary, plan, and benefit type other-
 wise payable.
   Benefit without           None            Ordinary        Service
 enactment:                                 Disability
 Cost for WTC benefit:   9 times salary   5 times salary   2 times salary
   This bill would also lead to more deaths being  classified  as  "acci-
 dental".  For  each death classified as accidental due to this bill, the
 cost would depend on the age, service, salary, plan, and status at  time
 of  death.  It  is  estimated that the cost for each individual affected
 would average approximately 11 times final average salary.
   It is estimated that the cost of  providing  these  enhanced  benefits
 will  be  approximately  $5  billion. These costs would be shared by the
 State of New York and the participating employers in the Police and Fire
 Retirement System.
   In addition to the costs stated above, there will be an administrative
 cost to implement the provisions of this legislation.
   This proposal is expected to affect 3,040  active  members  collecting
 $432 million in annual salary and 2,271 retirees collecting $160 million
 in annual benefits, as of March 31, 2018.
   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, 2018  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2018
 Report of the  Actuary  and  the  2018  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, 2017 and 2018  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, 2018
 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  fiscal note does not constitute a legal opinion on the viability
 of the proposed change nor is it intended to serve as a  substitute  for
 the professional judgment of an attorney.
   This  estimate,  dated June 13, 2019, and intended for use only during
 the 2019 Legislative Session, is Fiscal Note No. 2019-128,  prepared  by
 the Actuary for the New York State and Local Retirement System.

2019-S6061B (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §363-bb, rpld §363-bb sub h ¶1 sub¶ (d), R & SS L; amd §161, Work Comp L

2019-S6061B (ACTIVE) - Summary

Includes members of the state police who drove or rode in vehicles used in cleanup operations within the definition of participation in World Trade Center rescue, recovery or cleanup operations.

2019-S6061B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6061B

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the retirement and social security law and the workers'
compensation law, in relation to participation in World Trade Center
rescue, recovery or cleanup operations by members of the state police;
and to repeal certain provisions of the retirement and social security
law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide a presumption for participation in the World Trade Center
rescue operation for certain state troopers

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision h of section 363-bb of the Retirement and
Social Security Law to provide that a member of the state police who was
employed between September 11th, 2001 and September 11th, 2006 occupying

a position that could reasonably include use of or work on contaminated
vehicles or equipment used in the World Trade Center sites shall receive
a World Trade Center performance-of-duty presumption.

Section 2 repeals subparagraph d of paragraph 1 of subdivision h of
section 363-bb, which provides for a much more narrow definition of
participation in the World Trade Center rescue operation conflicting
with this bill.

Section 3 amends subparagraph e of subdivision h of section 363-bb to
remove the deadline of four years from the effective date of a 2005
chapter to file a sworn statement to be considered for this World Trade
Center presumption. The removal of this deadline thus extends the appli-
cation period indefinitely.

Section 4 amends subparagraph a of paragraph 2 of subdivision h of
section 363-bb to include the heretofore established World Trade Center
presumption for purposes of reclassification.

Section 5 amends clause (i) of subparagraph b of paragraph 2 of subdivi-
sion h of section 363-bb to remove the deadline of four years from the
effective date of a 2005 chapter to file the sworn statement for reclas-
sification.

Section 6 amends subdivisions i and j of section 363-bb to provide for
the heretofore defined World Trade Center presumption for the purposes
of accidental death benefits.

Section 7 amends subdivision 1 of section 161 of the workers' compen-
sation law to establish the heretofore defined World Trade Center
presumption for the purposes of workers' compensation claims.

Section 8 establishes that none of the provisions of this act shall be
subject to section 25 of the retirement and social security law.

Section 9 provides that this act shall take effect immediately, provided
that amendments to the workers' compensation law shall apply to all open
and closed claims within the purview of the Board.
 
JUSTIFICATION:

In one of the worst periods in our nation's history, thousands of New
York's bravest risked their lives and health to respond to the 9/11
terrorist attacks and its aftermath. Many of these brave public employ-
ees and civilians qualify for what is known as the "World Trade Center
presumption," with which, if they become permanently disabled due to
certain health conditions and cannot continue their work, they can claim
that the impairment is due to their participation in the events and
aftermath of September 11th. As long as they meet certain qualifying
conditions, the outcome of a World Trade Center-related injury or
illness will be presumed absent competent evidence to the contrary.

This presumption has helped numerous firefighters, cops, 911 dispatch-
ers, and other first responders suffering from certain medical illnesses
and ailments apply for accidental disability retirement benefits, and
has helped bolster the families of these public servants in the form of
accidental death benefits when they pass. The presumption covers
uniformed members of the NYPD, FDNY, DSNY and Department of Correction
(DOC), civilian employees such as EMS workers, 911 dispatchers and
supervisors, emergency vehicle radio repair mechanics, and others. For
all of these titles, in order to qualify for the presumption you must
have worked at Ground Zero during the first 48 hours after the attacks
on September 11th, 2001, or worked at one of the affiliated WTC sites
for at least 40 hours between September 11th, 2001, and September 12th,
2002. You can also be eligible for the WTC presumption if you sustained
an injury during the course of your WTC work that prevented you from
completing the minimum 40 hours. You must be found to be permanently
incapacitated due to the qualifying condition, and you must produce
evidence that did not have the condition upon entering service. Section
363-bb of the Retirement and Social Security Law outlines the above
conditions and benefits of the WTC presumption for members of the State
Police as well.

Yet there is another, extremely significant clause in Section 2 of the
Retirement and Social Security Law (RSSL) that may qualify an applicant
for this presumption. Applicants may also receive disability benefits if
they "repaired, cleaned or rehabilitated vehicles or equipment" owned by
the City of New York that were contaminated by debris from the WTC site,
regardless of where the repair work was done. This provision was added
in recognition of the fact that the toxic chemicals contained in the
work site were dispersed across many different objects and worked their
way into the lungs and skins of public servants that were many miles
outside of Ground Zero or the affiliated WTC worksites.

Section 363-bb of RSSL establishing the WTC presumption for state troop-
ers does not contain this provision on repair work, and thus covers only
members who actually visited one of the worksites downstate. Yet troop-
ers upstate are now being diagnosed with the same debilitating illnesses
as their downstate counterparts, because they later worked on or drove
in state vehicles that were used in the WTC rescue operations and
contaminated by the same debris. There was no tracking system in place
at the time to be able to tell exactly which vehicle was sent down to
which rescue site and everyone that vehicle may have come into contact
with - as anyone who participated in the aftermath of 9/11 knows, the
recovery operation was truly a herculean, all-hands-on-deck effort in
which police, firefighters, and others answered the call to action on
extremely short notice.
It is thus necessary to establish that any state trooper coming into
contact with these vehicles during the relevant time frame should be
entitled to the same presumption that his/her illness is related to the
WTC aftermath unless competent evidence can prove otherwise.  These
civil servants are being sickened by the same fumes and bacteria as the
first responders at Ground Zero, simply because they came into contact
with the vehicles and equipment used in the rescue operations. They
should not be forced to live a life of destitution and disease simply
because the state lacked the foresight to properly confiscate these
vehicles and put them out of use. This bill would correct this disparity
by clarifying that members of the State Police coming into contact with
the vehicles are eligible for the WTC presumption as well.

 
PRIOR LEGISLATIVE HISTORY:

2019: S6061A - Referred to Civil Service & Pensions

 
FISCAL IMPLICATIONS:

See bill.

 
EFFECTIVE DATE:
This act shall take effect immediately and apply retroactively to
September 11th, 2001.

2019-S6061B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6061--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 -- recommitted to the  Committee  on
   Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the retirement and social security law and the  workers'
   compensation  law,  in relation to participation in World Trade Center
   rescue, recovery or cleanup operations by members of the state police;
   and to repeal certain provisions of the retirement and social security
   law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (a) of paragraph 1 of subdivision h of section
 363-bb  of the retirement and social security law, as amended by chapter
 93 of the laws of 2005, is amended to read as follows:
   (a) Notwithstanding any provisions of this chapter or of any  general,
 special or local law, charter, administrative code or rule or regulation
 to the contrary, any condition or impairment of health caused by a qual-
 ifying  condition  or  impairment of health resulting in disability to a
 member who participated in World Trade Center rescue, recovery or clean-
 up operations for a minimum of forty hours 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.  A  member  shall be eligible for the presumption provided for
 under this paragraph notwithstanding the fact that the  member  did  not
 participate  in World Trade Center recovery and cleanup operations for a
 minimum of forty hours, provided that: (i) the  member  participated  in
 the  rescue,  recovery,  or cleanup operations at the World Trade Center
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11587-05-0

 S. 6061--B                          2
 
 site between September eleventh, two thousand one and September twelfth,
 two thousand one; (ii) the member sustained a documented physical injury
 at the World Trade Center site between September eleventh, two  thousand
 one  and September twelfth, two thousand one that is a qualifying condi-
 tion or impairment of health resulting in disability to the member  that
 prevented  the  member  from  continuing  to  participate in World Trade
 Center rescue, recovery or cleanup operations for  a  minimum  of  forty
 hours; and (iii) the documented physical injury that resulted in a disa-
 bility  to  the  member  that  prevented  the  member from continuing to
 participate in World Trade Center rescue, recovery or cleanup operations
 for a minimum of forty hours is the qualifying condition  or  impairment
 of  health  which  the  member  seeks to be eligible for the presumption
 provided for under this paragraph. A MEMBER SHALL ALSO BE  ELIGIBLE  FOR
 THE  PRESUMPTION  PROVIDED  FOR UNDER THIS PARAGRAPH NOTWITHSTANDING THE
 FACT THAT THE MEMBER DID NOT PARTICIPATE IN WORLD TRADE CENTER  RECOVERY
 AND  CLEANUP  OPERATIONS FOR A MINIMUM OF FORTY HOURS, PROVIDED THAT THE
 MEMBER DROVE, RODE IN, REPAIRED, CLEANED,  REHABILITATED,  OR  OTHERWISE
 USED  OR  WORKED  IN  VEHICLES OR EQUIPMENT, INCLUDING EMERGENCY VEHICLE
 RADIO EQUIPMENT, OWNED BY THE STATE OF NEW YORK THAT WAS CONTAMINATED BY
 DEBRIS IN THE WORLD TRADE CENTER SITE, AS DEFINED IN  PARAGRAPH  (F)  OF
 SUBDIVISION  THIRTY-SIX  OF  SECTION  TWO OF THIS CHAPTER, REGARDLESS OF
 WHETHER THE USE OF OR WORK ON SUCH VEHICLES AND EQUIPMENT WAS  PERFORMED
 WITHIN  THE  WORLD  TRADE  CENTER  SITE,  AND  PROVIDED SUCH USE OR WORK
 OCCURRED PRIOR TO DECONTAMINATION OF SUCH VEHICLES OR EQUIPMENT.  ABSENT
 PROOF  TO THE CONTRARY, CONTAMINATION IS PRESUMED WHERE SUCH VEHICLES OR
 EQUIPMENT WERE IN SERVICE BETWEEN SEPTEMBER ELEVENTH, TWO  THOUSAND  ONE
 AND  SEPTEMBER  ELEVENTH,  TWO  THOUSAND TWO AND USED IN THE WORLD TRADE
 CENTER SITE. FURTHERMORE, IT IS PRESUMED A MEMBER WHO WAS  A  MEMBER  OF
 THE  STATE  POLICE  BETWEEN  SEPTEMBER  ELEVENTH,  TWO  THOUSAND ONE AND
 SEPTEMBER ELEVENTH, TWO THOUSAND SIX,  AND  OCCUPIED  A  POSITION  WHOSE
 DUTIES  WOULD  REASONABLY  INCLUDE  USE  OF OR WORK ON SUCH CONTAMINATED
 VEHICLES AND EQUIPMENT, DROVE, RODE  IN,  REPAIRED,  CLEANED,  REHABILI-
 TATED,  OR  OTHERWISE  USED  OR WORKED ON SUCH CONTAMINATED VEHICLES AND
 EQUIPMENT.
   § 2. Subparagraph (d) of paragraph 1 of subdivision h of section  363-
 bb of the retirement and social security law is REPEALED.
   §  3. Subparagraph (e) of paragraph 1 of subdivision h of section 363-
 bb of the retirement and social security law, as amended by chapter  495
 of the laws of 2007, is amended to read as follows:
   (e)  In  order  to be eligible for consideration for such presumption,
 such member must file a written and sworn statement  with  the  member's
 retirement system on a form provided by such system indicating the dates
 and  locations  of  employment.  [Such statement must be filed not later
 than four years following the effective date of chapter one hundred four
 of the laws of two thousand five.]
   § 4. Subparagraph (a) of paragraph 2 of subdivision h of section  363-
 bb  of  the retirement and social security law, as amended by chapter 93
 of the laws of 2005, is amended to read as follows:
   (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 for a minimum of forty hours, and
 subsequently retired on a service  retirement,  an  ordinary  disability
 retirement,  a  performance  of  duty  disability  retirement or a state
 police disability retirement pursuant to section  three  hundred  sixty-
 three-b of this title and subsequent to such retirement incurred a disa-

 S. 6061--B                          3
 
 bility  caused  by  any qualifying condition or impairment of the health
 which the comptroller determines to have been caused  by  such  member's
 having  participated  in  World Trade Center rescue, recovery or cleanup
 operations  for a minimum of forty hours, upon such determination by the
 comptroller 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  negli-
 gence,  and that the member would have been physically or mentally inca-
 pacitated 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. A member  shall  be  eligible  for  the  presumption
 provided  for  under  this  paragraph  notwithstanding the fact that the
 member did not participate in World Trade  Center  rescue,  recovery  or
 cleanup  operations for a minimum of forty hours, provided that: (i) the
 member participated in the rescue, recovery, or  cleanup  operations  at
 the World Trade Center site between September eleventh, two thousand one
 and  September  twelfth,  two  thousand one; (ii) the member sustained a
 documented physical injury  at  the  World  Trade  Center  site  between
 September eleventh, two thousand one and September twelfth, two thousand
 one  that is a qualifying condition or impairment of health resulting in
 disability to the member that prevented the member  from  continuing  to
 participate in World Trade Center rescue, recovery or cleanup operations
 for  a  minimum of forty hours; and (iii) the documented physical injury
 that resulted in a disability to the member that  prevented  the  member
 from continuing to participate in World Trade Center rescue, recovery or
 cleanup operations for a minimum of forty hours is the qualifying condi-
 tion  or  impairment of health which the member seeks to be eligible for
 the presumption provided for under this paragraph. A MEMBER  SHALL  ALSO
 BE  ELIGIBLE  FOR  THE  PRESUMPTION  PROVIDED  FOR  UNDER THIS PARAGRAPH
 NOTWITHSTANDING THE FACT THAT THE MEMBER DID NOT  PARTICIPATE  IN  WORLD
 TRADE  CENTER  RECOVERY  AND  CLEANUP  OPERATIONS FOR A MINIMUM OF FORTY
 HOURS, PROVIDED THAT THE MEMBER DROVE, RODE IN, REPAIRED, CLEANED, REHA-
 BILITATED, OR OTHERWISE USED OR WORKED IN VEHICLES OR EQUIPMENT, INCLUD-
 ING EMERGENCY VEHICLE RADIO EQUIPMENT, OWNED BY THE STATE  OF  NEW  YORK
 THAT  WAS  CONTAMINATED  BY  DEBRIS  IN  THE WORLD TRADE CENTER SITE, AS
 DEFINED IN PARAGRAPH (F) OF SUBDIVISION THIRTY-SIX  OF  SECTION  TWO  OF
 THIS  CHAPTER, REGARDLESS OF WHETHER THE USE OF OR WORK ON SAID VEHICLES
 AND EQUIPMENT WAS PERFORMED WITHIN THE  WORLD  TRADE  CENTER  SITE,  AND
 PROVIDED  SUCH  USE  OR  WORK  OCCURRED PRIOR TO DECONTAMINATION OF SUCH
 VEHICLES OR EQUIPMENT. ABSENT PROOF TO THE  CONTRARY,  CONTAMINATION  IS
 PRESUMED  WHERE  SUCH  VEHICLES  OR  EQUIPMENT  WERE  IN SERVICE BETWEEN
 SEPTEMBER ELEVENTH, TWO THOUSAND ONE AND SEPTEMBER ELEVENTH,  TWO  THOU-
 SAND  TWO  AND  USED  IN THE WORLD TRADE CENTER SITE. FURTHERMORE, IT IS
 PRESUMED THAT A MEMBER WHO WAS A MEMBER  OF  THE  STATE  POLICE  BETWEEN
 SEPTEMBER  ELEVENTH,  TWO THOUSAND ONE AND SEPTEMBER ELEVENTH, TWO THOU-
 SAND SIX, AND OCCUPIED A POSITION WHOSE DUTIES WOULD REASONABLY  INCLUDE
 USE  OF OR WORK ON SUCH CONTAMINATED VEHICLES AND EQUIPMENT, DROVE, RODE
 IN, REPAIRED, CLEANED, REHABILITATED, OR OTHERWISE  USED  OR  WORKED  ON
 SUCH CONTAMINATED VEHICLES AND EQUIPMENT.
   § 5. Clause (i) of subparagraph (b) of paragraph 2 of subdivision h of
 section  363-bb of the retirement and social security law, as amended by
 chapter 495 of the laws of 2007, is amended to read as follows:
   (i) the member files a written and sworn statement with  the  member's
 retirement system on a form provided by such system indicating the dates

 S. 6061--B                          4
 
 and  locations  of employment [within four years following the effective
 date of chapter one hundred four of the laws of two thousand five]; and
   §  6.  Subdivisions  i  and  j of section 363-bb of the retirement and
 social security law, subdivision i as amended and subdivision j as added
 by chapter 5 of the laws of 2007, are amended to read as follows:
   i. 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 who: (1) has met  the  criteria
 of  subdivision h 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; and (2) has not been retired for more than twen-
 ty-five years; and (3) dies from a qualifying condition or impairment of
 health, as defined in subparagraph (c) of paragraph one of subdivision h
 of this section, that is  determined  by  the  applicable  head  of  the
 retirement  system  or  applicable  medical board to have been caused by
 such retiree's participation in the World Trade Center rescue,  recovery
 or  cleanup operations, [as defined in subparagraph (d) of paragraph one
 of] OR IS OTHERWISE ELIGIBLE FOR THE PRESUMPTION AS PROVIDED IN subdivi-
 sion h of this section, then unless the contrary be proven by  competent
 evidence,  such  retiree  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
 eligible beneficiary, as set forth in section three hundred sixty-one of
 this title, shall be entitled to an accidental death benefit as provided
 by section three hundred sixty-one  of  this  title,  however,  for  the
 purposes  of determining the salary base upon which the accidental death
 benefit is calculated, the retiree shall be deemed to have died  on  the
 date  of  his  or her retirement. Upon the retiree's death, the eligible
 beneficiary shall make a 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 three hundred  sixty-one  of  this
 title  requesting  conversion  of  such  retiree'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,   including  any  post-retirement  death  benefits,  since  the
 retiree'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), the accidental death benefit payments to the eligible
 beneficiary will be reduced by any amounts paid or payable to any  other
 beneficiary.
   j.  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  h  of  this  section; and (2) dies in active service from a
 qualifying condition or impairment of health, as defined in subparagraph
 (c) of paragraph one of subdivision h of this section,  that  is  deter-
 mined  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 subparagraph (d) of paragraph one of] OR IS  OTHERWISE  ELIGIBLE  FOR
 THE  PRESUMPTION  AS  PROVIDED  IN  subdivision  h of this section, 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

 S. 6061--B                          5
 
 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 three hundred sixty-one of  this  title,  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 three hundred sixty-one of this title.
   § 7. Subdivision 1 of section 161 of the workers' compensation law, as
 added by chapter 446 of the laws of 2006, is amended to read as follows:
   1.  "Participant  in  World  Trade Center rescue, recovery, or cleanup
 operations" means any (a) employee who within the course of  employment,
 or (b) volunteer upon presentation to the board of evidence satisfactory
 to the board that he or she:
   (i) participated in the rescue, recovery, or cleanup operations at the
 World Trade Center site between September eleventh, two thousand one and
 September twelfth, two thousand two; or
   (ii)  worked  at  the  Fresh  Kills Land Fill in New York city between
 September eleventh, two thousand one and September twelfth, two thousand
 two[,]; or
   (iii) worked at the New York city morgue or the  temporary  morgue  on
 pier locations on the west side of Manhattan between September eleventh,
 two thousand one and September twelfth, two thousand two[,]; or
   (iv)  worked  on the barges between the west side of Manhattan and the
 Fresh Kills Land Fill in New York city between September  eleventh,  two
 thousand one and September twelfth, two thousand two[.]; OR
   (V)  AS  A  MEMBER  OF  THE  STATE  POLICE,  DROVE, RODE IN, REPAIRED,
 CLEANED, REHABILITATED, OR OTHERWISE  USED  OR  WORKED  IN  VEHICLES  OR
 EQUIPMENT,  INCLUDING  EMERGENCY  VEHICLE  RADIO EQUIPMENT, OWNED BY THE
 STATE OF NEW YORK THAT WAS CONTAMINATED BY DEBRIS  IN  THE  WORLD  TRADE
 CENTER  SITE,  AS  DEFINED IN PARAGRAPH (F) OF SUBDIVISION THIRTY-SIX OF
 SECTION TWO OF THE RETIREMENT AND SOCIAL  SECURITY  LAW,  REGARDLESS  OF
 WHETHER  THE USE OF OR WORK ON SAID VEHICLES AND EQUIPMENT WAS PERFORMED
 WITHIN THE WORLD TRADE CENTER SITE, PROVIDED SUCH USE OR  WORK  OCCURRED
 PRIOR TO DECONTAMINATION OF SUCH VEHICLES OR EQUIPMENT.  ABSENT PROOF TO
 THE CONTRARY, CONTAMINATION IS PRESUMED WHERE SUCH VEHICLES OR EQUIPMENT
 WERE IN SERVICE BETWEEN SEPTEMBER ELEVENTH, TWO THOUSAND ONE AND SEPTEM-
 BER  ELEVENTH, TWO THOUSAND TWO AND USED IN THE WORLD TRADE CENTER SITE.
 FURTHERMORE, IT IS PRESUMED A MEMBER WHO  WAS  A  MEMBER  OF  THE  STATE
 POLICE  BETWEEN SEPTEMBER ELEVENTH, TWO THOUSAND ONE AND SEPTEMBER ELEV-
 ENTH, TWO THOUSAND SIX, AND  OCCUPIED  A  POSITION  WHOSE  DUTIES  WOULD
 REASONABLY  INCLUDE  USE  OF  OR  WORK  ON THE CONTAMINATED VEHICLES AND
 EQUIPMENT, DROVE, RODE IN, REPAIRED, CLEANED, REHABILITATED,  OR  OTHER-
 WISE USED OR WORKED ON SUCH CONTAMINATED VEHICLES AND EQUIPMENT.
   §  8. Notwithstanding any other provision to the contrary, none of the
 provisions of this act shall be subject to section 25 of the  retirement
 and social security law.
   §  9.  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 section 161 of the workers'
 compensation law made by section seven of this act shall  apply  to  all
 open and closed claims coming within the purview of the workers' compen-
 sation board.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would expand the definition of a "participant in World Trade
 Center rescue, recovery, or cleanup operations" for members of the State
 Police  by  (1)  eliminating  the requirement to have worked at specific

 S. 6061--B                          6
 
 covered sites, and (2) establishing the use of a State vehicle prior  to
 decontamination  as  a  qualified  form  of  participation. Unless there
 exists competent evidence to the contrary, State vehicles  used  at  the
 World  Trade  Center  site  between September 11, 2001 and September 11,
 2002 are presumed to be contaminated, and all State Police officers  who
 worked between September 11, 2001 and September 11, 2006, who could have
 reasonably  used a contaminated State vehicle, are presumed to have used
 such vehicle prior to  decontamination.  These  provisions  take  effect
 retroactively, beginning September 11, 2001.
   For  members  who meet the requirements to be considered a participant
 in the World Trade Center rescue, recovery, or cleanup  operations,  the
 onset  of  any  condition or impairment of health related to exposure in
 connection with participation serves as presumptive  evidence  that  any
 disability,  or  death as a result of such disability, was the result of
 an accident and was sustained in the performance of duty,  absent  proof
 to the contrary.
   If  this  bill  is  enacted,  it  would reclassify certain current and
 future retirement benefits. The cost of the revised benefit will  depend
 upon the applicant's age, service, salary, plan, and benefit type other-
 wise payable.
 Benefit without enactment:    None      Ordinary            Service
                                         Disability
 
 Cost for WTC benefit:         9 times   5 times             2 times
                               salary    salary              salary
 
   This  bill  would  also lead to more deaths being classified as "acci-
 dental".  For each death classified as accidental due to this bill,  the
 cost  would depend on the age, service, salary, plan, and status at time
 of death. It is estimated that the cost  for  each  individual  affected
 would average approximately 11 times salary.
   It  is  estimated  that  the cost of providing these enhanced benefits
 will be approximately $5 billion. These costs would  be  shared  by  the
 State of New York and the participating employers in the Police and Fire
 Retirement System.
   In addition to the costs stated above, there will be an administrative
 cost to implement the provisions of this legislation.
   This  proposal  is  expected to affect 2,800 active members collecting
 $393 million in annual salary and 2,531 retirees collecting $180 million
 in annual benefits, as of March 31, 2019.
   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, 2019 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2019
 Report  of  the  Actuary  and  the  2019  Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in the  2015,
 2016, 2017, 2018, and 2019 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, 2019
 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.

 S. 6061--B                          7
 
   This  fiscal note does not constitute a legal opinion on the viability
 of the proposed change nor is it intended to serve as a  substitute  for
 the professional judgment of an attorney.
   This  estimate, dated March 12, 2020, and intended for use only during
 the 2020 Legislative Session, is Fiscal Note No.  2020-77,  prepared  by
 the Actuary for the New York State and Local Retirement System.

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Sponsored By

Andrew Gounardes

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

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