A07958 Summary:

BILL NOA07958A
 
SAME ASSAME AS S05745-A
 
SPONSORAbbate
 
COSPNSRGoldfeder, Saladino, Colton, Aubry, Malliotakis, Ortiz, Ceretto
 
MLTSPNSRGalef, 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 NOA07958A
 
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
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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: A7958A
 
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--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 2, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  ABBATE, GOLDFEDER, SALADINO -- 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

        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.
    15    § 2. Section 168 of the workers' compensation law is amended by adding
    16  a new subdivision 3 to read as follows:
    17    3. A claim by a participant in the World Trade Center rescue, recovery
    18  or cleanup operations whose disablement occurred between September elev-
    19  enth, two thousand twelve, and September eleventh, two thousand fifteen,
    20  shall  not  be disallowed as barred by section eighteen or section twen-
    21  ty-eight of this chapter if such claim is filed on or  before  September
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11342-04-6

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

        A. 7958--A                          3
 
     1    §  4. Notwithstanding any other provision to the contrary, none of the
     2  provisions of this act shall be subject to section 25 of the  retirement
     3  and social security law.
     4    §  5.  This  act  shall take effect immediately and shall be deemed to
     5  have been in full force and effect on  and  after  September  11,  2001;
     6  provided,  however,  that  the amendments to sections 162 and 168 of the
     7  workers' compensation law made by sections one  and  two  of  this  act,
     8  respectively,  shall  apply  to all open and closed claims coming within
     9  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.
          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.

        A. 7958--A                          4
 
          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.
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