S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9294--A
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 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 extending the deadline for submission
   of  a  notice  that  a  member of a retirement system  participated 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 (a) of subdivision 36 of section 2 of the retire-
 ment  and  social security law, as amended by chapter 425 of the laws of
 2021, 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 either
 filed a written and sworn statement with the member's retirement  system
 on a form provided by such system, or as allowed by the member's retire-
 ment  system, electronically submitted a statement on a form provided by
 such system through a secure online portal maintained  by  the  member's
 retirement  system  that has duly validated the member's identity, indi-
 cating the underlying dates and locations of employment not  later  than
 September  eleventh, two thousand [twenty-two] TWENTY-SIX, and (ii) such
 member has either successfully passed a physical examination  for  entry
 into  public  service,  or  authorized  release  of all relevant medical
 records, if the member did not undergo a physical examination for  entry
 into  public  service;  and (iii) there is no evidence of the qualifying
 condition or impairment of health that formed the basis for the disabil-
 ity 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15446-06-2
 S. 9294--A                          2
 
 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 adminis-
 trative 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 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  paragraph shall be
 September  eleventh,  two  thousand  [twenty-two]  TWENTY-SIX  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. 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 [twenty-two] TWENTY-SIX, including those that are
 rejected for filing as untimely.
   § 2. Section 162 of the workers' compensation law, as amended by chap-
 ter 266 of the laws of 2018, is amended to read as follows:
   § 162. Registration of participation in  World  Trade  Center  rescue,
 recovery  and  clean-up  operations. In order for the claim of a partic-
 ipant in World Trade Center rescue, recovery and clean-up operations  to
 come  within the application of this article, such participant must file
 a written and sworn statement with the board on a  form  promulgated  by
 the  chair  indicating the dates and locations of such participation and
 the name of such participant's employer during  the  period  of  partic-
 ipation. Such statement must be filed not later than September eleventh,
 two  thousand  [twenty-two] TWENTY-SIX.  The board shall transmit a copy
 of such statement to the employer or carrier named therein.  The  filing
 of  such  a  statement shall not be considered the filing of a claim for
 benefits under this chapter.
   § 3. Section 168 of the workers' compensation law is amended by adding
 a new subdivision 5 to read as follows:
   5. A CLAIM BY A PARTICIPANT IN THE WORLD TRADE CENTER RESCUE, RECOVERY
 OR CLEANUP OPERATIONS WHOSE DISABLEMENT OCCURRED BETWEEN SEPTEMBER ELEV-
 ENTH, TWO THOUSAND SEVENTEEN, AND SEPTEMBER ELEVENTH, TWO THOUSAND TWEN-
 TY-ONE, SHALL NOT BE DISALLOWED AS BARRED BY SECTION EIGHTEEN OR SECTION
 TWENTY-EIGHT OF THIS CHAPTER IF SUCH CLAIM IS FILED ON OR BEFORE SEPTEM-
 BER ELEVENTH, TWO THOUSAND TWENTY-SIX. ANY SUCH CLAIM BY  A  PARTICIPANT
 IN  THE  WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS WHOSE
 DISABLEMENT OCCURRED BETWEEN SEPTEMBER ELEVENTH, TWO THOUSAND SEVENTEEN,
 AND SEPTEMBER ELEVENTH, TWO THOUSAND TWENTY-ONE, AND WAS  DISALLOWED  BY
 SECTION  EIGHTEEN  OR TWENTY-EIGHT OF THIS CHAPTER SHALL BE RECONSIDERED
 BY THE BOARD.
 S. 9294--A                          3
 
   § 4. 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.
   §  5.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on  and  after  September  11,  2001;
 provided,  however,  that  the amendments to sections 162 and 168 of the
 workers' compensation law made by sections two and three  of  this  act,
 respectively,  shall  apply  to all open and closed claims coming within
 the purview of the workers' compensation board.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would amend subdivision 36 of Section 2  of  the  Retirement
 and Social Security Law to extend the deadline to September 11, 2026 for
 filing  notice  of having participated in the World Trade Center rescue,
 recover or cleanup operations during the qualifying period. Members  who
 become  disabled  or  die  because  of  a "Qualifying World Trade Center
 Condition" are assumed to have become disabled or  died  because  of  an
 accidental or on-the-job disability or death. This act shall take effect
 immediately and shall be deemed to have been in full force and effect on
 and after September 11, 2001.
   The  annual  cost  to  the  employers of members of the New York State
 Teachers' Retirement System is estimated to be negligible if  this  bill
 is enacted.
   Member  data  is  from  the  System's  most recent actuarial valuation
 files, consisting of data provided by the employers  to  the  Retirement
 System.  Data  distributions and statistics can be found in the System's
 Annual Report. System assets are as reported in the  System's  financial
 statements and can also be found in the System's Annual Report. Actuari-
 al  assumptions and methods are provided in the System's Actuarial Valu-
 ation Report and the 2021 Actuarial Assumptions Report.
   The source of this estimate is Fiscal Note 2022-39 dated May 11,  2022
 prepared  by  the  Office of the Actuary of the New York State Teachers'
 Retirement System and is intended for use only during the 2022  Legisla-
 tive Session. I, Richard A. Young, am the Chief Actuary for the New York
 State Teachers' Retirement System. I am a member of the American Academy
 of  Actuaries  and  I  meet  the Qualification Standards of the American
 Academy of Actuaries to render the actuarial opinion contained herein.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would amend chapter 93 of the Laws of 2005 and  chapter  445
 of  the Laws of 2006, which provided that, for members of public retire-
 ment systems who contract any form of disease related to exposure to any
 elements connected to the World Trade Center (WTC) attack  of  September
 11,  2001,  resulting  in  disability or death, said disability or death
 will be presumed to be a result of an  accident  and  sustained  in  the
 performance of duty.
   Insofar  as  this bill affects the New York State and Local Employees'
 Retirement System (NYSLERS) and the New York State and Local Police  and
 Fire  Retirement  System (NYSLPFRS), if enacted during the 2022 legisla-
 tive session, this legislation would  extend  the  deadline  for  filing
 notice  regarding  the  eligibility for benefits for certain members who
 participated in the World Trade Center rescue, recovery or cleanup oper-
 ation to September 11, 2026.
   By extending the deadline  for  filing  notice,  certain  current  and
 future  retirement  benefits  would  be reclassified as a WTC accidental
 disability. The cost of the revised benefit will depend upon the  appli-
 cant's age, service, salary, plan, and benefit type otherwise payable.
   Benefit without   None       Ordinary     Performance of     Service
 S. 9294--A                          4
 
   enactment:                   Disability   Duty Disability
   Cost for WTC      10 times   5.5 times    3 times            2 times
   benefit:          salary     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 of the
 member at time of death. It is estimated that the cost for each  NYSLERS
 and  NYSLPFRS participant affected would average approximately 4.5 times
 final average salary and 13 times final average salary, respectively.
   The provisions of this act will not be subject to Section  25  of  the
 Retirement and Social Security Law. Therefore, all costs would be shared
 by  the State of New York and the participating employers in the NYSLERS
 and NYSLPFRS.
   The exact number of current  and  future  participants  who  could  be
 affected by this legislation cannot be readily determined.
   Summary of relevant resources:
   Membership  data as of March 31, 2021 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2021 actuari-
 al valuation.  Distributions and other statistics can be  found  in  the
 2021  Report  of the Actuary and the 2021 Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2020
 and  2021 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, 2021
 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 May 2, 2022, and intended for use only during the
 2022 Legislative Session, is Fiscal Note No. 2022-130, prepared  by  the
 Actuary for the New York State and Local Retirement System.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   SUMMARY  OF BILL: With respect to the New York City Retirement Systems
 and Pension Funds (NYCRS), the proposed legislation would amend  Retire-
 ment  and  Social  Security Law (RSSL) Section 2, to extend, for certain
 members who participated in the Rescue, Recovery, or Cleanup  operations
 related  to  the  World  Trade Center (WTC) attack on September 11, 2001
 (Covered Groups), the deadline for  filing  a  Notice  of  Participation
 under the WTC Disability Law.
   The   NYCRS  include:  New  York  City  Employees'  Retirement  System
 (NYCERS), New York City Teachers' Retirement System (NYCTRS),  New  York
 City  Board  of Education Retirement System (BERS), New York City Police
 Pension Fund (POLICE), and New York City Fire Pension Fund (FIRE).
   The proposed legislation would also amend provisions of  the  Workers'
 Compensation Law (WCL). However, because such provisions do not directly
 impact  the NYCRS, the financial impact of amendments to the WCL are not
 reflected in this fiscal note.
   None of the provisions of the proposed legislation would be subject to
 Retirement and Social Security Law  Section  25,  and  therefore,  State
 appropriation would not be required.
   Effective Date : Upon enactment and retroactive to September 11, 2001.
 S. 9294--A                          5
 
   DEADLINES  UNDER EXISTING PROVISIONS: Under current law, as enacted by
 Chapter 266 of the Laws of 2018,  the  deadline  to  file  a  Notice  of
 Participation for Covered Groups is September 11, 2022.
   DEADLINES  UNDER  PROPOSED LEGISLATION: With respect to the NYCRS, the
 proposed legislation would extend the deadline for filing  a  Notice  of
 Participation  under  the  WTC  Disability  Law  for Covered Groups from
 September 11, 2022 to September 11, 2026.
   ADDITIONAL EMPLOYER CONTRIBUTIONS: The increase in  employer  contrib-
 utions  resulting  from  the  proposed  legislation  would depend on the
 number of additional members who timely file the required form, meet the
 requirements of the WTC Disability Law, and ultimately benefit from such
 Law.
   Most members eligible for the benefits provided under the WTC Disabil-
 ity Law have already filed the required form  to  register  for  partic-
 ipation.  Therefore,  for  the  purpose  of this Fiscal Note it has been
 assumed that only a minimal number of NYCRS members would  benefit  from
 the proposed legislation and that the increase in employer contributions
 would likely be de minimis.
   ACTUARIAL  ASSUMPTIONS  AND  METHODS: The additional employer contrib-
 utions presented herein have been calculated based on the same actuarial
 assumptions and methods in effect for  the  Preliminary  June  30,  2021
 (Lag) actuarial valuations used to determine the Preliminary Fiscal Year
 2023 employer contributions of NYCRS.
   RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
 highly on the realization of the actuarial assumptions used, as well  as
 certain  demographic  characteristics of each respective NYCRS and other
 exogenous factors such as investment, contribution, and other risks.  If
 actual experience deviates from actuarial assumptions, the actual  costs
 could  differ  from  those presented herein. Costs are also dependent on
 the actuarial methods used, and therefore  different  actuarial  methods
 could  produce different results.  Quantifying these risks is beyond the
 scope of this Fiscal Note.
   Not measured in this Fiscal Note are the following:
   * The initial, additional administrative costs of NYCRS and other  New
 York City agencies to implement the proposed legislation.
   *  The  impact  of  this  proposed legislation on Other Postemployment
 Benefit (OPEB) costs.
   * Any costs associated with amendments to the WCL.
   STATEMENT OF ACTUARIAL OPINION: I, Michael J. Samet,  am  the  Interim
 Chief  Actuary  for,  and  independent  of, the New York City Retirement
 Systems and Pension Funds. I am a Fellow of the Society of Actuaries and
 a Member of the American Academy of Actuaries. I meet the  Qualification
 Standards  of  the American Academy of Actuaries to render the actuarial
 opinion contained herein. To the  best  of  my  knowledge,  the  results
 contained  herein  have  been  prepared  in  accordance  with  generally
 accepted actuarial principles and  procedures  and  with  the  Actuarial
 Standards of Practice issued by the Actuarial Standards Board.
   FISCAL  NOTE  IDENTIFICATION:  This  Fiscal Note 2022-48 dated May 10,
 2022, was prepared by the Interim Chief Actuary for the  New  York  City
 Retirement  Systems and Pension Funds. This estimate is intended for use
 only during the 2022 Legislative Session.