S T A T E O F N E W Y O R K
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8123
2025-2026 Regular Sessions
I N S E N A T E
May 15, 2025
___________
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 adminis-
trative code of the city of New York, in relation to disability
retirement benefits for certain participants in World Trade Center
rescue, recovery, or cleanup operations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 4 of subdivision d of section 605 of the retire-
ment and social security law, 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' retire-
ment system OR THE NEW YORK CITY 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, 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.
§ 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'
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07832-01-5
S. 8123 2
retirement system OR THE NEW YORK CITY 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, 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.
§ 3. Section 13-550 of the administrative code of the city of New York
is amended by adding a new subdivision d-1 to read as follows:
D-1. ANY MEMBER WHO SATISFIES THE REQUIREMENTS OF SUBDIVISION A OF
THIS SECTION AND WHO PARTICIPATED IN WORLD TRADE CENTER RESCUE, RECOV-
ERY, OR CLEANUP OPERATIONS DURING THE TIME OF MEMBERSHIP, WHO INCURRED A
QUALIFYING WORLD TRADE CENTER CONDITION 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 ELIGIBLE FOR A DISABILITY BENEFIT PURSUANT TO THE
PROVISIONS OF PARAGRAPH FOUR OF SUBDIVISION D OF SECTION SIX HUNDRED
FIVE OF THE RETIREMENT AND SOCIAL SECURITY LAW.
§ 4. This act shall take effect immediately and shall apply to all
active New York city teachers' retirement system members who are deter-
mined to have incurred a qualifying World Trade Center condition in the
performance and discharge of duty that is the natural and proximate
result of an accident not caused by such member's own willful negligence
prior to the effective date of this act.