A07958 Summary:

BILL NOA07958C
 
SAME ASSAME AS S05745-C
 
SPONSORAbbate
 
COSPNSRSaladino, Colton, Aubry, Malliotakis, Ortiz, Ceretto, Skoufis
 
MLTSPNSRGalef, Markey, Thiele
 
Amd 162 & 168, Work Comp L; amd 2, R & SS L
 
Relates to participants in the World Trade Center rescue.
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A07958 Actions:

BILL NOA07958C
 
06/02/2015referred to governmental employees
06/10/2015reported referred to ways and means
01/06/2016referred to governmental employees
03/03/2016amend and recommit to governmental employees
03/03/2016print number 7958a
03/22/2016reported referred to ways and means
05/18/2016amend and recommit to ways and means
05/18/2016print number 7958b
06/09/2016amend and recommit to ways and means
06/09/2016print number 7958c
06/14/2016reported referred to rules
06/14/2016reported
06/14/2016rules report cal.338
06/14/2016ordered to third reading rules cal.338
06/15/2016substituted by s5745c
 S05745 AMEND=C GOLDEN
 06/01/2015REFERRED TO LABOR
 06/16/2015COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/16/2015ORDERED TO THIRD READING CAL.1688
 06/16/2015PASSED SENATE
 06/16/2015DELIVERED TO ASSEMBLY
 06/16/2015referred to ways and means
 01/06/2016died in assembly
 01/06/2016returned to senate
 01/06/2016REFERRED TO LABOR
 02/29/2016AMEND AND RECOMMIT TO LABOR
 02/29/2016PRINT NUMBER 5745A
 03/07/20161ST REPORT CAL.322
 03/08/20162ND REPORT CAL.
 03/09/2016ADVANCED TO THIRD READING
 03/29/2016PASSED SENATE
 03/29/2016DELIVERED TO ASSEMBLY
 03/29/2016referred to ways and means
 05/23/2016RECALLED FROM ASSEMBLY
 05/23/2016returned to senate
 05/23/2016VOTE RECONSIDERED - RESTORED TO THIRD READING
 05/23/2016AMENDED ON THIRD READING 5745B
 06/08/2016REPASSED SENATE
 06/08/2016RETURNED TO ASSEMBLY
 06/08/2016referred to ways and means
 06/09/2016RECALLED FROM ASSEMBLY
 06/09/2016returned to senate
 06/09/2016VOTE RECONSIDERED - RESTORED TO THIRD READING
 06/09/2016AMENDED ON THIRD READING 5745C
 06/14/2016REPASSED SENATE
 06/14/2016RETURNED TO ASSEMBLY
 06/14/2016referred to ways and means
 06/15/2016substituted for a7958c
 06/15/2016ordered to third reading rules cal.338
 06/15/2016passed assembly
 06/15/2016returned to senate
 09/09/2016DELIVERED TO GOVERNOR
 09/11/2016SIGNED CHAP.326
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A07958 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7958C
 
SPONSOR: Abbate (MS)
  TITLE OF BILL: An act to amend the workers' compensation law and the retirement and social security law in relation to participants in the World Trade Center rescue   PURPOSE: Reopens notice of participation for certain members who contracted illness suffered as a result of participating in rescue, recovery, and clean up directly related to attacks at the World. Trade Center on September 11,.2001.   SUMMARY OF PROVISIONS: Extends the deadline during which to file as having a world trade center condition and modifies qualifications.   JUSTIFICATION: This bill will extend the deadline for filing a registration of partic- ipation under the World Trade Center (WTC) Disability Law for those members who were eligible and never filed an application. Some of these members have become disabled with a WTC qualifying condition and have been precluded from receiving the WTC disability benefits because they never filed the notice of participation during the open window period. This bill will correct this inequity.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: See the bill.   EFFECTIVE DATE: This act shall take effect immediately.
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A07958 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7958--C
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 2, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  ABBATE,  GOLDFEDER, SALADINO, COLTON, AUBRY,
          MALLIOTAKIS, ORTIZ, CERETTO, SKOUFIS -- Multi-Sponsored by -- M. of A.
          GALEF, MARKEY, THIELE -- read once and referred to  the  Committee  on
          Governmental Employees -- recommitted to the Committee on Governmental
          Employees  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- reported and referred to the  Committee  on  Ways
          and  Means -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee -- again reported from  said
          committee  with amendments, ordered reprinted as amended and recommit-
          ted to said committee
 
        AN ACT to amend the workers' compensation law  and  the  retirement  and
          social  security  law  in  relation to participants in the World Trade
          Center rescue
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 162 of the workers' compensation law, as amended by
     2  section 489 of the laws of 2013, is amended to read as follows:
     3    §  162.  Registration  of  participation in World Trade Center rescue,
     4  recovery and clean-up operations. In order for the claim  of  a  partic-
     5  ipant  in World Trade Center rescue, recovery and clean-up operations to
     6  come within the application of this article, such participant must  file
     7  a  written  and  sworn statement with the board on a form promulgated by
     8  the chair indicating the dates and locations of such  participation  and
     9  the  name  of  such  participant's employer during the period of partic-
    10  ipation. Such statement must be filed not later than September eleventh,
    11  two thousand [fourteen] eighteen.  The board shall transmit  a  copy  of
    12  such  statement  to the employer or carrier named therein. The filing of
    13  such a statement shall not be considered the filing of a claim for bene-
    14  fits under this chapter.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11342-08-6

        A. 7958--C                          2
 
     1    § 2. Section 168 of the workers' compensation law is amended by adding
     2  a new subdivision 3 to read as follows:
     3    3. A claim by a participant in the World Trade Center rescue, recovery
     4  or cleanup operations whose disablement occurred between September elev-
     5  enth, two thousand twelve, and September eleventh, two thousand fifteen,
     6  shall  not  be disallowed as barred by section eighteen or section twen-
     7  ty-eight of this chapter if such claim is filed on or  before  September
     8  eleventh,  two thousand eighteen. Any such claim by a participant in the
     9  World Trade Center rescue, recovery or cleanup operations whose disable-
    10  ment occurred between  September  eleventh,  two  thousand  twelve,  and
    11  September  eleventh, two thousand fifteen, and was disallowed by section
    12  eighteen or twenty-eight of this chapter shall be  reconsidered  by  the
    13  board.
    14    §  3.  Paragraph  (a) of subdivision 36 of section 2 of the retirement
    15  and social security law, as amended by chapter 472 of the laws of  2014,
    16  is amended to read as follows:
    17    (a)  "Qualifying World Trade Center condition" shall mean a qualifying
    18  condition or impairment of health resulting in disability  to  a  member
    19  who participated in World Trade Center rescue, recovery or cleanup oper-
    20  ations  for  a  qualifying  period,  as  those  terms are defined below,
    21  provided the following conditions have been met:  (i)  such  member,  or
    22  eligible  beneficiary in the case of the member's death, must have filed
    23  a written and sworn statement with the member's retirement system  on  a
    24  form  provided  by  such  system  indicating  the  underlying  dates and
    25  locations of employment not later than September eleventh, two  thousand
    26  [fifteen]  eighteen, and (ii) such member has either successfully passed
    27  a physical examination for entry  into  public  service,  or  authorized
    28  release of all relevant medical records, if the member did not undergo a
    29  physical  examination  for entry into public service; and (iii) there is
    30  no evidence of the qualifying condition or  impairment  of  health  that
    31  formed  the  basis  for  the disability in such physical examination for
    32  entry into public service or in the relevant medical records,  prior  to
    33  September eleventh, two thousand one except for such member, or eligible
    34  beneficiary  in  the  case  of the member's death, of a local retirement
    35  system of a city with a population  of  one  million  or  more  that  is
    36  covered  by section 13-551 of the administrative code of the city of New
    37  York, or by section twenty-five hundred seventy-five  of  the  education
    38  law  and  for such member who separated from service with vested rights,
    39  or eligible beneficiary of such member who separated from  service  with
    40  vested  rights  in the case of the member's death, of a local retirement
    41  system of a city with a population  of  one  million  or  more  who  are
    42  covered  by  sections 13-168, 13-252.1 or 13-353.1 of the administrative
    43  code of the city of New York  or  sections  five  hundred  seven-c,  six
    44  hundred five-b, six hundred five-c, or six hundred seven-b of this chap-
    45  ter.  The  deadline for filing a written and sworn statement required by
    46  subparagraph (i) of this paragraph  shall  be  September  eleventh,  two
    47  thousand [fourteen] eighteen for such member, or eligible beneficiary in
    48  the  case  of the member's death, of a local retirement system of a city
    49  with a population of one million or more  that  is  covered  by  section
    50  13-551 of the administrative code of the city of New York, or by section
    51  twenty-five  hundred  seventy-five  of  the  education  law and for such
    52  member who separated from service with vested rights, or eligible  bene-
    53  ficiary  of such member who separated from service with vested rights in
    54  the case of the member's death, of a local retirement system of  a  city
    55  with  a  population  of  one million or more who are covered by sections
    56  13-168, 13-252.1 or 13-353.1 of the administrative code of the  city  of

        A. 7958--C                          3
 
     1  New  York  and  sections  five  hundred seven-c, six hundred five-b, six
     2  hundred five-c, or six hundred seven-b of this chapter. Every retirement
     3  system shall keep a copy of every written and sworn  statement  that  is
     4  presented  for  filing  not  later than September eleventh, two thousand
     5  [fifteen] eighteen, including those that  are  rejected  for  filing  as
     6  untimely.
     7    §  4. Notwithstanding any other provision to the contrary, none of the
     8  provisions of this act shall be subject to section 25 of the  retirement
     9  and social security law.
    10    §  5.  This  act  shall take effect immediately and shall be deemed to
    11  have been in full force and effect on  and  after  September  11,  2001;
    12  provided,  however,  that  the amendments to sections 162 and 168 of the
    13  workers' compensation law made by sections one  and  two  of  this  act,
    14  respectively,  shall  apply  to all open and closed claims coming within
    15  its purview.
          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 members of public retirement systems
        who  contract  any  form of disease or disability related to exposure to
        any elements in connection  with  the  World  Trade  Center  tragedy  of
        September  11,  2001 to be 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.  The provisions of this act
        will not be subject to Section 25 of the Retirement and Social  Security
        Law.
          Insofar as this bill would affect the New York State and Local Employ-
        ees' Retirement and the New York State and Local Police and Fire Retire-
        ment  System,  this  bill  would  extend  the deadline for filing notice
        regarding the eligibility for benefits for certain members  who  partic-
        ipated  in  the World Trade Center rescue, recovery or cleanup operation
        to September 11, 2018.
          If this bill is enacted, it would  lead  to  more  disabilities  being
        classified as "in performance of duty" or "accidental". For the disabil-
        ities  so classified due to this bill, the cost would depend on the age,
        service, salary and plan of the affected member or retiree, as  well  as
        whether  such person would have otherwise been eligible for, or has been
        receiving an ordinary disability, a performance of duty disability or  a
        service retirement. For those who contract such disease prior to retire-
        ment,  it  is estimated that there could be per person one-time costs of
        as much as 5 times salary. For those who contract  such  disease  subse-
        quent  to  a  service retirement, it is estimated that there would be an
        average per person cost of approximately 2 times final  average  salary.
        For those who contract such disease subsequent to an ordinary disability
        retirement,  it  is  estimated that there would be an average per person
        cost of approximately 5 times final average 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 and plan of  the  affected
        individual,  as  well as whether such person was an active member or has
        been receiving an ordinary disability, a performance of duty disability,
        an accidental disability or a service retirement. It is  estimated  that
        the cost for each ERS and PFRS individual affected would average approx-
        imately 3.5 times final average salary and 8 times final average salary,
        respectively.
          These  costs  would be shared by the State of New York and the partic-
        ipating employers in the ERS and PFRS.

        A. 7958--C                          4
 
          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, 2015  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2015
        Report of the  Actuary  and  the  2015  Comprehensive  Annual  Financial
        Report.
          The  actuarial  assumptions and methods used are described in the 2015
        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, 2015
        New York State and Local  Retirement  System  Financial  Statements  and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This  estimate,  dated  February  16,  2016, and intended for use only
        during the  2016  Legislative  Session,  is  Fiscal  Note  No.  2016-62,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.
          FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
          PROVISIONS OF PROPOSED LEGISLATION: With respect to the New York  City
        Retirement  System (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,
        the deadline for filing a Notice of Participation under the WTC Disabil-
        ity 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 Fire Department Pension Fund (FIRE).
          The effective date of this proposed legislation would be the  date  of
        enactment,  and  would, as it related to NYCRS, be deemed retroactive to
        September 11, 2001.
          DEADLINES UNDER EXISTING PROVISIONS: Under current law, there are  two
        different deadlines, depending on covered groupings, for timely filing a
        Notice of Participation.
          Chapter 489 of the Laws of 2013 expanded coverage of the WTC Disabili-
        ty  law to certain groups (Chapter 489/13 Covered Groups), and enacted a
        September 11, 2014 deadline for eligible individuals within those Groups
        to file  a  Notice  of  Participation.  Chapter  489/13  Covered  Groups
        include:
          * Active, vested and retired Tier 1 and 2 NYCTRS members
          * Active, vested and retired Tier 1 and 2 BERS members
          * Vested Tier 1 and 2 NYCERS members
          * Vested Tier 1 and 2 POLICE members
          * Vested Tier 1 and 2 FIRE members
          * Vested Tier 3 NYCERS Uniformed Corrections members
          * Vested Tier 4 NYCERS Uniformed Sanitation members
          * Vested Tier 4 and 6 NYCERS Deputy Sheriff members
          * Vested Tier 4 and 6 NYCERS EMT members
          Chapter 472 of the Laws of 2014 extended the deadline to file a Notice
        of  Participation  for  all  eligible groups not included in the Chapter
        489/13 Covered Groups (the Original Covered  Groups)  to  September  11,
        2015.
          DEADLINES  UNDER PROPOSED LEGISLATION: With respect to the NYCERS, the
        proposed legislation would extend the deadline for filing  a  Notice  of

        A. 7958--C                          5
 
        Participation  under  the  WTC  Disability  Law for the Original Covered
        Groups from September 11, 2015 to September 11,  2018,  and  extend  the
        deadline  for  the Chapter 489/13 Covered Groups from September 11, 2014
        to September 11, 2018.
          ADDITIONAL  EMPLOYER  CONTRIBUTIONS: The increase in employer contrib-
        utions as a result of the  proposed  legislation  would  depend  on  the
        number  of  additional  members  who  file  the  required form, meet the
        requirements of the WTC Disability Laws and then ultimately benefit from
        one of the Laws.
          As the Actuary believes that most members who would  be  eligible  for
        the  benefits  provided  under the WTC Disability Law have already filed
        the required form to register for  participation,  only  a  few  members
        likely  would  benefit form the proposed legislation and, therefore, the
        increase in employer contributions would likely be de minimis.
          ACTUARIAL ASSUMPTIONS AND METHODS: The additional employer  costs  and
        contributions  have  been  determined based on the actuarial assumptions
        and methods used in June 30, 2015 (Lag) actuarial valuations of NYCRS.
          STATEMENT OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief  Actu-
        ary  for  the New York City Retirement Systems. I am an Associate of the
        Society of Actuaries, a Fellow of the Conference of Consulting Actuaries
        and a Member of the American Academy of Actuaries. I meet the Qualifica-
        tion Standards of the American Academy of Actuaries to render the  actu-
        arial opinion contained herein.
          FISCAL  NOTE  IDENTIFICATION: This Fiscal Note 2016-17 dated April 11,
        2016, was prepared by the Chief Actuary for the New York City Employees'
        Retirement System, the New York City Teachers'  Retirement  System,  the
        New  York  City  Board of Education Retirement System, the New York City
        Police Pension Fund and the New York Fire Department Pension Fund.  This
        estimate is intended for use only during the 2016 Legislative Session.
          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, 2018 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 as a result of a "qualifying World  Trade  Center
        condition" are assumed to have become disabled or died as a result 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.
          Employee  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
        Comprehensive Annual Financial  Report  (CAFR).  System  assets  are  as
        reported  in the System's financial statements, and can also be found in
        the CAFR. Actuarial assumptions and methods are provided in the System's
        Actuarial Valuation Report.
          The source of this estimate is Fiscal Note 2016-28 dated June 9,  2016
        prepared  by  the  Actuary  of  the  New York State Teacher's Retirement
        System and is intended for use only during the 2016 Legislative Session.
        I, Richard A. Young, am the Actuary for the  New  York  State  Teacher's
        Retirement  System.  I  am a member of the American Academy of Actuaries
        and I meet the Qualification Standards of the American Academy of  Actu-
        aries to render the actuarial opinion contained herein.
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