S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7971
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 16, 2025
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Governmental Employees
 
 AN  ACT  to amend the retirement and social security law, in relation to
   making certain participants in World Trade Center rescue, recovery, or
   cleanup operations eligible for disability benefits

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph 4 of subdivision d of section 605 of the retire-
 ment and social security law, as added by chapter 252  of  the  laws  of
 2019, is amended to read as follows:
   4.  Notwithstanding any other law, rule or regulation to the contrary,
 any member who had an active membership in the New York state and  local
 employees'  retirement system or the New York state teachers' retirement
 system, when such member participated  in  World  Trade  Center  rescue,
 recovery,  or  cleanup  operations,  as such participation is defined in
 section two of this chapter, OR ANY ACTIVE  MEMBER  WITH  AT  LEAST  TEN
 YEARS OF SERVICE CREDIT WHO DID NOT HAVE AN ACTIVE MEMBERSHIP IN THE NEW
 YORK  STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK STATE
 TEACHERS' RETIREMENT SYSTEM AT THE TIME SUCH INDIVIDUAL PARTICIPATED  IN
 SUCH WORLD TRADE CENTER RESCUE, RECOVERY, OR CLEANUP OPERATIONS, BUT WHO
 IS  NOW  AN  ACTIVE MEMBER WITH A PARTICIPATING EMPLOYER IN THE NEW YORK
 STATE AND LOCAL EMPLOYEES' RETIREMENT  SYSTEM  OR  THE  NEW  YORK  STATE
 TEACHERS'  RETIREMENT  SYSTEM, AND who incurred a qualifying World Trade
 Center condition, as defined in section two of  this  chapter,  that  is
 determined  to  have  been  incurred in the performance and discharge of
 duty and is the natural and proximate result of an accident  not  caused
 by  such member's own willful negligence, shall be paid a performance of
 duty disability retirement allowance equal to  three-quarters  of  final
 average  salary.  The  payment  of  such pension shall be subject to the
 provisions of section sixty-four of this chapter.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07814-02-5
 A. 7971                             2
              

 
   § 2. Subdivision h-1 of section 507 of the retirement and social secu-
 rity law, as added by chapter 252 of the laws of  2019,  is  amended  to
 read as follows:
   h-1.  Notwithstanding any other law, rule or regulation to the contra-
 ry, any member who had an active membership in the New  York  state  and
 local  employees'  retirement  system  or  the  New York state teachers'
 retirement system, when such member participated in World  Trade  Center
 rescue,  recovery,  or  cleanup  operations,  as  such  participation is
 defined in section two of this chapter, OR ANY  ACTIVE  MEMBER  WITH  AT
 LEAST  TEN YEARS OF SERVICE CREDIT WHO DID NOT HAVE AN ACTIVE MEMBERSHIP
 IN THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE  NEW
 YORK  STATE  TEACHERS'  RETIREMENT  SYSTEM  AT  THE TIME SUCH INDIVIDUAL
 PARTICIPATED IN SUCH WORLD TRADE CENTER  RESCUE,  RECOVERY,  OR  CLEANUP
 OPERATIONS, BUT WHO IS NOW AN ACTIVE MEMBER WITH A PARTICIPATING EMPLOY-
 ER  IN  THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE
 NEW YORK STATE TEACHERS' RETIREMENT SYSTEM, AND who incurred a  qualify-
 ing  World  Trade  Center  condition,  as defined in section two of this
 chapter, that is determined to have been incurred in the performance and
 discharge of duty and is the natural and proximate result of an accident
 not caused by such member's own willful  negligence,  shall  be  paid  a
 performance of duty disability retirement allowance equal to three-quar-
 ters  of  final  average  salary.  The  payment of such pension shall be
 subject to the provisions of section sixty-four of this chapter.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would amend the benefits of certain members of the New  York
 State  and  Local  Employees' Retirement System (NYSLERS) subject to the
 provisions of Article 14 or 15 of the  Retirement  and  Social  Security
 Law,  who contract any form of disease or disability related to exposure
 to any elements in connection with the World Trade Center (WTC)  rescue,
 recovery  or  cleanup  operations, and who were not members of any state
 public retirement system at the time of participation in the  WTC  oper-
 ations.  The  annual accidental disability benefit would be 75% of final
 average salary (FAS), less workers'  compensation,  regardless  of  plan
 coverage.  Currently, eligible members receive the accidental disability
 benefit specified under their plan, which for most  Article  14  and  15
 members  is 33.3% of FAS. This improved benefit would be payable only to
 current members with at least ten years of credited  service.    Current
 retirees and their beneficiaries would not be affected.
   Pursuant  to Section 25 of the Retirement and Social Security Law, the
 increased costs would be borne entirely by the State  of  New  York  and
 would  require  an  itemized appropriation sufficient to pay the cost of
 the provision.
   Insofar as this bill affects NYSLERS, the cost will  depend  upon  the
 applicant's  age,  service, salary, plan, and any benefit type otherwise
 payable, but is expected to be 4 times FAS per applicant.
   Approximately 60 active NYSLERS members, with  a  combined  salary  of
 approximately  $5.1 million as of March 31, 2024, have filed an Applica-
 tion for WTC Notice and been rejected on the grounds that they were  not
 members at the time of their participation in certain WTC rescue, recov-
 ery  or cleanup operations. If all these members benefit, the cost would
 be approximately $20.4 million. However, the actual  number  of  members
 who could be affected by this legislation cannot readily be determined.
   Summary of relevant resources:
   Membership  data as of March 31, 2024 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2024 actuari-
 A. 7971                             3
 
 al valuation. Distributions and other statistics can  be  found  in  the
 2024  Report  of the Actuary and the 2024 Annual Comprehensive Financial
 Report.  The actuarial assumptions and methods used are described in the
 2024  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, 2024 New York State and Local Retirement System Financial Statements
 and Supplementary Information.
   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 27, 2025, and intended for use only  during
 the 2025 Legislative Session, is Fiscal Note No. 2025-55. As Chief Actu-
 ary of the New York State and Local Retirement System, I, Aaron Schottin
 Young,  hereby certify that this analysis complies with applicable Actu-
 arial Standards of Practice as well as the Code of Professional  Conduct
 and Qualification Standards for Actuaries Issuing Statements of Actuari-
 al Opinion of the American Academy of Actuaries, of which I am a member.