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A07803 Summary:

BILL NO    A07803A

SAME AS    SAME AS S05759-A

SPONSOR    Abbate

COSPNSR    

MLTSPNSR   

Amd SS13-551, 13-168, 13-252.1 & 13-353.1, NYC Ad Cd; amd S2575, Ed L; amd
SS507-c, 605-b, 605-c, 607-b & 2, R & SS L; amd SS161, 162, 165 & 168, Work
Comp L

Addresses limitations in existing disability provisions intended to protect
public employees who suffered injuries or illnesses in WTC rescue, recovery and
cleanup operations.
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A07803 Actions:

BILL NO    A07803A

06/04/2013 referred to governmental employees
06/13/2013 reported referred to ways and means
06/17/2013 amend and recommit to ways and means
06/17/2013 print number 7803a
06/20/2013 reported referred to rules
06/20/2013 reported 
06/20/2013 rules report cal.651
06/20/2013 ordered to third reading rules cal.651
06/21/2013 passed assembly
06/21/2013 delivered to senate
06/21/2013 REFERRED TO RULES
06/21/2013 SUBSTITUTED FOR S5759A
06/21/2013 3RD READING CAL.1621
06/21/2013 PASSED SENATE
06/21/2013 RETURNED TO ASSEMBLY
11/01/2013 delivered to governor
11/13/2013 signed chap.489
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A07803 Votes:

A07803A06/21/2013 127/0
AbbateYColtonYGarbariYKearnsYMillmanYRiveraYStevensAB
AbinantYCookYGibsonYKellnerYMontesaERRobertsYStirpeER
ArroyoERCorwinYGiglioYKimYMorelleYRobinsoERSweeneyY
AubryYCrespoYGjonajERKolbYMosleyYRodriguYTediscoY
BarclayYCrouchYGlickYLalorYMoyaYRosaERTenneyY
BarrettYCurranYGoldfedERLavineYNojayYRosenthYThieleY
BarronYCusickYGoodellYLentolYNolanYRozicERTitoneY
BenedetYCymbrowYGottfriYLiftonYOaksYRussellYTitusY
BlankenYDenDekkERGrafYLopezYO'DonneYRyanYWalterER
BorelliYDinowitYGuntherYLupardoYOrtizYSaladinYWeinsteY
BoylandABDiPietrYHawleyYLupinacYOtisYSantabaYWeisenbY
BraunstYDupreyYHeastieYMageeYPalmesaYScarborYWeprinER
BrennanYEnglebrYHennessYMagnareYPaulinYSchimelYWrightY
BrindisYEspinalYHevesiYMaiselYPeoplesERSchimmiYZebrowsY
BronsonYFahyYHikindERMalliotYPerryYSepulveERMr SpkrY
Brook-KYFarrellYHooperYMarkeyERPretlowYSimanowER
BuchwalYFinchYJacobsYMayerYQuartYSimotasY
ButlerYFitzpatYJaffeeYMcDonalYRaYSkartadY
CahillYFriendYJohnsYMcDonouYRabbittYSkoufisY
CamaraYGabryszYJordanERMcKevitYRaiaYSolagesY
CerettoYGalefYKatzYMcLaughERRamosYStecY
ClarkYGanttYKavanagYMillerYReilichYSteckY

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A07803 Memo:

BILL NUMBER:A7803A

TITLE OF BILL:  An act to amend the administrative code of the city of
New York, the education law, the retirement and social security law
and the workers' compensation law, in relation to injuries or
illnesses suffered as a result of participation in rescue, recovery
and cleanup directly related to the attacks at the World Trade Center
on September 11, 2001

Purpose:

This bill would implement the recommendations of the September
Eleventh Worker Protection Task Force ("911 Task Force") to address
limitations in existing disability laws that were intended to protect
public employees who suffer injuries or illnesses as a result of their
participation in rescue, recovery and cleanup directly related to the
terrorist attacks of September Eleventh by (1) including members of
New York City pension systems who were inadvertently excluded from
prior legislation; (2) clarifying the definition of "qualifying
conditions" and (3) reopening and extending the expired statutory
deadline for filing statements of participation.

Summary of Provisions:

Section 1 would amend section 13-551 of the Administrative Code of the
City of New York to provide members in tiers 1 and 2 of the Teachers
Retirement System ("TRS") with the protections currently afforded
members in tiers 3 and 4 of this fund under L.2005, ch.104, as
amended; L.2005, ch. 93, as amended; L.2006, ch.102, as amended; L.
2006, ch.444, as amended; L. 2006, ch. 445, as amended; L.2007, ch. 5,
as amended; L.2007, ch. 214, as amended; L. 2007, ch.495, as amended;
L.2008, ch. 489, as amended; L, 2010, ch.361 (the "World Trade Center
Disability Law").

Section 2 would amend section 2575 of the Education Law to provide
members in tiers 1 and 2 of the Board of Education Retirement System
("BERS") with the protections currently afforded members in tiers 3
and 4 of this fund under the World Trade Center Disability Law.

Section 3 would amend section 13-168 of the Administrative Code of the
City of New York to provide vested members in tiers 1 and 2 of the New
York City Employees' Retirement System ("NYCERS") with the protections
currently afforded members in other tiers of this fund under the World
Trade Center Disability Law.

Section 4 would amend section 13-252.1 of the Administrative Code of
the City of New York to provide vested members of the New York City
Police Pension Fund in tiers 1 and 2 with the protections currently
afforded vested members in other tiers of this fund under the World
Trade Center Disability Law.

Section 5 would amend section 13-352.1 of the Administrative Code of
the City of New York to provide vested members of the New York Fire
Department Pension Fund in tiers 1 and 2 with the protections
currently afforded vested members in other tiers of this fund under
the World Trade Center Disability Law.


Section 6 would amend section 507-c of the Retirement and Social
Security Law, which relates to Uniformed Corrections personnel to
provide vested members in tier 3 of the New York City Employees'
Retirement System with the protections currently afforded vested
members in other tiers of this fund under the World Trade Center
Disability Law.

Section 7 would amend section 605-b of the Retirement and Social
Security Law, which relates to Uniformed Sanitation personnel, to
provide vested members in tier 4 of the New York City Employees'
Retirement System with the protections currently afforded vested
members in other tiers of this fund under the World Trade Center
Disability Law.

Section 8 would amend section 605-c of the Retirement and Social
Security Law, which relates to Deputy Sheriffs, to provide vested
members in tier 4 of the New York City Employees' Retirement System
with the protections currently afforded vested members in other tiers
of this fund under the World Trade Center Disability Law.

Section 9 would amend section 607-b of the Retirement and Social
Security Law, which relates to Emergency Medical Technicians employed
by the New York City Health and Hospitals Corporation, to provide
vested members in tier 4 of the New York City Employees' Retirement
System with the protections currently afforded vested members in other
tiers of this fund under the World Trade Center Disability Law.

Section 10 would amend section 161 of the Workers' Compensation Law to
amend the definition of qualifying condition to eliminate the use of
the ambiguous phrase, "latent diseases and conditions" and replace it
with a listing of qualifying conditions used in the corresponding
definition contained in the Retirement and Social Security Law at
subdivision e of paragraph 36 of section 2.

Section 11 would amend section 162 of the Workers' Compensation Law to
extend the period for filing statements of participation in the World
Trade Center rescue, recovery and cleanup operations to September 11,
2014.

Section 12 would amend section 165 of the Workers' Compensation Law to
provide for reopening of disallowed claims barred by section 162 for
failure to register timely.

Section 13 would amend section 168 of the Workers' Compensation Law to
allow claims by participants whose disablement occurred between
September 12, 2008, and September 11, 2012, to be filed by claimants,
or reconsidered by the board.

Section 14 would amend paragraph 36 of section 2 of the Retirement and
Social Security Law to extend the period for filing statements to
September 11, 2014 for qualifying individuals.

Section 14 provides that the bill would be effective immediately and
to have been deemed in full force and effect on and after September
11, 2001.

Legislative History:


The World Trade Center Disability Law was enacted as L.2005, ch. 104,
and has been amended over the years, to provide public employees who
engaged in certain rescue, recovery and cleanup operations in
connection with the World Trade Center tragedy of September 11, 2001,
and their families, in the case of death, with rebuttable presumption
that an established disability or death was the result of a
work-related accident, for purposes of accidental disability
retirement and accidental death benefits, and reclassifications
thereto, when such disability or death resulted from statutorily
specified qualifying medical conditions. Such presumption is only
available for those employees who filed registration statements
identifying their participation in covered rescue, recovery or cleanup
operations by the current statutory deadline of September 11, 2010,
and who meet the various other statutory conditions.

The 911 Task Force's initial recommendations were enacted in 2008 by
L. 2008, ch. 489.

The extension of the World Trade Center Disability Law to tiers 1 and
2 of the Teachers Retirement System of the City of New York was also
the subject of legislation introduced in 2008 at A9039A/S6283-A.

Statement in Support:

This bill would implement recommendations of the 911 Task Force. The
911 Task Force was established in 2005 to, inter alia, identify,
examine, and make recommendations concerning the limitations of
existing laws in providing disability coverage to employees who were,
or will become, injured or sick as a direct result of this
participation rescue, recovery and cleanup operations related to the
terrorist attack on the World Trade Center.

In 2008 the legislature passed a bill to implement the 911 Task
Force's first set of recommendations, which included amendments
intended to protect public employees who engaged in rescue, recovery
and cleanup operations and separated from service with vested
retirement rights before they became disabled due to a "qualifying
World Trade Center condition." Those amendments allowed vested members
to use the World Trade Center Disability Law's presumption in applying
for, or converting to, an accidental disability retirement.

After enactment of the 2008 legislation, the 911 Task Force and New
York City identified certain tiers and systems where vested members
had been inadvertently excluded by the 2008 legislation, and they
worked together to draft the language contained in sections 3 to 10 of
this bill to ensure that the intended protections extended to vested
members, or, in the case of death, their families.

In 2009, the 911 Task Force issued an annual report recommending that
the World Trade Center Disability Law be further amended to provide
members of tiers 1 and 2 of New York City Teachers Retirement System
and the Board of Education Retirement System, who engaged in rescue,
recovery and cleanup operations and became disabled due to a
qualifying World Trade Center condition, with the same protections
afforded to members in other tiers of those systems, as provided for
by sections 1 and 2 of this bill. In addition, the 911 Task Force's
2009 annual report also recommended that the Legislature clarify the


definition of "qualifying condition" in Article 8-A of the NYS
Workers' Compensation Law by eliminating the term "latent" diseases
and replace it with a non-exhaustive list of qualifying conditions
based on the list of conditions used in the World Trade Center
Disability Law found in New York Retirement and Social Security Law
2(36)(c). Specifically, the Task Force recommended incorporating all
but subsection (iv) which includes "diseases of the skin such as
conjunctivitis, contact dermatitis or burns, either acute or chronic,
caused by exposure or aggravated by exposure" because such conditions
would involve early symptoms and, as a result, would not warrant the
additional time for filing claims provided by Article 8-A.

To give practical effect to these changes, the bill also extends the
statutory time periods for rescue and recovery workers covered by this
bill to file registration statements. Timely filing of such
registrations, which identify the covered operations that workers
engaged in, is a prerequisite for obtaining the statutory protections
of the World Trade Center Disability Law and Article 8-A of the
Workers' Compensation Law. The current registration period closed on
September 11, 2010. Without an extension of this registration period,
those who were unable to register because they were in tiers and
systems that were excluded from coverage will be foreclosed from any
future protections afforded by this bill if they are not given
additional time to register after the bill is enacted.

Budget Implications:

None.

Effective Date:

Immediately and to have been deemed in full force and effect on and
after September 11, 2001.
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A07803 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        7803--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     June 4, 2013
                                      ___________

       Introduced by M. of A. ABBATE -- read once and referred to the Committee
         on Governmental Employees -- reported and referred to the Committee on
         Ways   and  Means  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee

       AN ACT to amend the administrative code of the city  of  New  York,  the
         education law, the retirement and social security law and the workers'
         compensation  law,  in relation to injuries or illnesses suffered as a
         result of participation  in  rescue,  recovery  and  cleanup  directly
         related to the attacks at the World Trade Center on September 11, 2001

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subdivision c of section 13-551 of the administrative  code
    2  of the city of New York is amended and three new subdivisions f, g and h
    3  are added to read as follows:
    4    c.  Any  such  application  shall  be filed within two years after the
    5  happening of such accident EXCEPT IF FILED BY A VESTED MEMBER  INCAPACI-
    6  TATED  AS  A  RESULT  OF  A  QUALIFYING  WORLD TRADE CENTER CONDITION AS
    7  DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW.
    8    F. (1)(A) NOTWITHSTANDING ANY PROVISIONS OF THIS CODE OR OF ANY GENER-
    9  AL, SPECIAL OR LOCAL LAW, CHARTER OR RULE OR REGULATION TO THE CONTRARY,
   10  IF ANY CONDITION OR IMPAIRMENT OF HEALTH IS CAUSED BY A QUALIFYING WORLD
   11  TRADE CENTER CONDITION AS DEFINED IN SECTION TWO OF THE  RETIREMENT  AND
   12  SOCIAL  SECURITY  LAW,  IT  SHALL  BE  PRESUMPTIVE  EVIDENCE THAT IT WAS
   13  INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY AND  THE  NATURAL  AND
   14  PROXIMATE  RESULT OF AN ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL
   15  NEGLIGENCE, UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE.
   16    (B) THE RETIREMENT BOARD IS HEREBY AUTHORIZED TO PROMULGATE RULES  AND
   17  REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
   18    (2)  (A)  NOTWITHSTANDING  THE  PROVISIONS  OF  THIS CHAPTER OR OF ANY
   19  GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR  RULE  OR
   20  REGULATION  TO THE CONTRARY, IF A MEMBER WHO PARTICIPATED IN WORLD TRADE

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11304-02-3
       A. 7803--A                          2

    1  CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS AS DEFINED IN SECTION  TWO
    2  OF THE RETIREMENT AND SOCIAL SECURITY LAW, AND SUBSEQUENTLY RETIRED ON A
    3  SERVICE  RETIREMENT,  AN  ORDINARY  DISABILITY RETIREMENT, AN ACCIDENTAL
    4  DISABILITY  RETIREMENT,  A PERFORMANCE OF DUTY DISABILITY RETIREMENT, OR
    5  WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF
    6  A RETIREMENT ALLOWANCE AND SUBSEQUENT TO SUCH RETIREMENT  OR  SEPARATION
    7  IS  DETERMINED BY THE HEAD OF THE RETIREMENT SYSTEM TO HAVE A QUALIFYING
    8  WORLD TRADE CENTER CONDITION, AS DEFINED IN SECTION TWO OF  THE  RETIRE-
    9  MENT  AND SOCIAL SECURITY LAW, UPON SUCH DETERMINATION BY THE RETIREMENT
   10  BOARD, IT SHALL BE PRESUMED THAT SUCH DISABILITY  WAS  INCURRED  IN  THE
   11  PERFORMANCE AND DISCHARGE OF DUTY AS THE NATURAL AND PROXIMATE RESULT OF
   12  AN ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL NEGLIGENCE, AND THAT
   13  THE  MEMBER WOULD HAVE BEEN PHYSICALLY OR MENTALLY INCAPACITATED FOR THE
   14  PERFORMANCE AND DISCHARGE OF DUTY OF THE POSITION FROM WHICH HE  OR  SHE
   15  RETIRED  OR  VESTED  HAD THE CONDITION BEEN KNOWN AND FULLY DEVELOPED AT
   16  THE TIME OF THE MEMBER'S RETIREMENT  OR  SEPARATION  FROM  SERVICE  WITH
   17  VESTED RIGHTS, UNLESS THE CONTRARY IS PROVEN BY COMPETENT EVIDENCE.
   18    (B)  THE  RETIREMENT  BOARD  SHALL  CONSIDER A RECLASSIFICATION OF THE
   19  MEMBER'S RETIREMENT OR VESTING AS AN  ACCIDENTAL  DISABILITY  RETIREMENT
   20  EFFECTIVE AS OF THE DATE OF SUCH RECLASSIFICATION.
   21    (C)  SUCH  MEMBER'S RETIREMENT OPTION SHALL NOT BE CHANGED AS A RESULT
   22  OF SUCH RECLASSIFICATION.
   23    (D) THE MEMBER'S FORMER EMPLOYER AT THE TIME OF THE  MEMBER'S  RETIRE-
   24  MENT  SHALL  HAVE AN OPPORTUNITY TO BE HEARD ON THE MEMBER'S APPLICATION
   25  FOR RECLASSIFICATION BY THE RETIREMENT  BOARD  ACCORDING  TO  PROCEDURES
   26  DEVELOPED BY THE RETIREMENT BOARD.
   27    (E)  THE RETIREMENT BOARD IS HEREBY AUTHORIZED TO PROMULGATE RULES AND
   28  REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
   29    G. NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS  CHAPTER  OR  OF  ANY
   30  GENERAL,  SPECIAL  OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR
   31  REGULATION TO THE CONTRARY, IF A RETIREE OR VESTEE WHO: (1) HAS MET  THE
   32  CRITERIA  OF  SUBDIVISION  F OF THIS SECTION AND RETIRED ON A SERVICE OR
   33  DISABILITY RETIREMENT, WOULD  HAVE  MET  THE  CRITERIA  IF  NOT  ALREADY
   34  RETIRED  ON AN ACCIDENTAL DISABILITY, OR WAS SEPARATED FROM SERVICE WITH
   35  A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; AND (2)
   36  HAS NOT BEEN RETIRED FOR MORE THAN TWENTY-FIVE YEARS; AND (3) DIES  FROM
   37  A  QUALIFYING WORLD TRADE CENTER CONDITION, AS DEFINED IN SECTION TWO OF
   38  THE RETIREMENT AND SOCIAL SECURITY LAW, AS DETERMINED BY THE  APPLICABLE
   39  HEAD  OF  THE RETIREMENT SYSTEM OR APPLICABLE MEDICAL BOARD, THEN UNLESS
   40  THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE,  SUCH  RETIREE  OR  VESTEE
   41  SHALL  BE  DEEMED  TO  HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF AN
   42  ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT  AS  A  RESULT  OF
   43  WILLFUL NEGLIGENCE ON HIS OR HER PART. SUCH RETIREE'S OR VESTEE'S ELIGI-
   44  BLE  BENEFICIARY,  AS SET FORTH IN SECTION 13-544 OF THIS CHAPTER, SHALL
   45  BE ENTITLED TO AN ACCIDENTAL DEATH BENEFIT AS PROVIDED BY SECTION 13-544
   46  OF THIS CHAPTER, HOWEVER, FOR THE PURPOSES  OF  DETERMINING  THE  SALARY
   47  BASE  UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, THE RETIREE
   48  OR VESTEE SHALL BE DEEMED TO HAVE DIED ON THE DATE OF HIS OR HER RETIRE-
   49  MENT OR SEPARATION FROM SERVICE WITH VESTED RIGHTS. UPON  THE  RETIREE'S
   50  OR  VESTEE'S DEATH, THE ELIGIBLE BENEFICIARY SHALL MAKE A WRITTEN APPLI-
   51  CATION TO THE HEAD OF THE RETIREMENT SYSTEM WITHIN THE TIME  FOR  FILING
   52  AN  APPLICATION  FOR AN ACCIDENTAL DEATH BENEFIT AS SET FORTH IN SECTION
   53  13-544 OF THIS CHAPTER REQUESTING CONVERSION OF SUCH RETIREE'S  SERVICE,
   54  VESTED  RIGHT  OR  DISABILITY  RETIREMENT BENEFIT TO AN ACCIDENTAL DEATH
   55  BENEFIT. AT THE TIME OF SUCH CONVERSION, THE ELIGIBLE BENEFICIARY  SHALL
   56  RELINQUISH  ALL  RIGHTS  TO  THE  PROSPECTIVE BENEFITS PAYABLE UNDER THE
       A. 7803--A                          3

    1  SERVICE OR DISABILITY RETIREMENT BENEFIT, OR VESTED RIGHT TO SUCH  BENE-
    2  FIT,  INCLUDING  ANY POST-RETIREMENT DEATH BENEFITS, SINCE THE RETIREE'S
    3  OR VESTEE'S DEATH. IF THE ELIGIBLE BENEFICIARY IS NOT THE ONLY BENEFICI-
    4  ARY  RECEIVING  OR  ENTITLED  TO  RECEIVE A BENEFIT UNDER THE SERVICE OR
    5  DISABILITY RETIREMENT BENEFIT (INCLUDING, BUT NOT LIMITED  TO,  POST-RE-
    6  TIREMENT  DEATH  BENEFITS  OR  BENEFITS  PAID OR PAYABLE PURSUANT TO THE
    7  RETIREE'S OPTION SELECTION), OR THAT WILL BE ELIGIBLE UNDER  THE  VESTED
    8  RIGHT, THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO THE ELIGIBLE BENEFICIARY
    9  WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE TO ANY OTHER BENEFICIARY.
   10    H. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CODE OR OF ANY GENERAL,
   11  SPECIAL OR LOCAL LAW, CHARTER, OR RULE OR REGULATION TO THE CONTRARY, IF
   12  A MEMBER WHO: (1) HAS MET THE CRITERIA OF SUBDIVISION F OF THIS SECTION;
   13  (2) DIES IN ACTIVE SERVICE OR AFTER SEPARATING FROM SERVICE WITH A VEST-
   14  ED  RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE, BUT PRIOR TO
   15  THE PAYABILITY OF THAT RETIREMENT ALLOWANCE; AND (3) DIES FROM A  QUALI-
   16  FYING  WORLD  TRADE  CENTER  CONDITION, AS DEFINED IN SECTION TWO OF THE
   17  RETIREMENT AND SOCIAL SECURITY LAW, AS DETERMINED BY THE APPLICABLE HEAD
   18  OF THE RETIREMENT SYSTEM OR APPLICABLE MEDICAL BOARD,  THEN  UNLESS  THE
   19  CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH MEMBER SHALL BE DEEMED TO
   20  HAVE  DIED AS A NATURAL AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN
   21  THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF WILLFUL NEGLIGENCE ON HIS
   22  OR HER PART. SUCH MEMBER'S ELIGIBLE BENEFICIARY, AS SET FORTH IN SECTION
   23  13-544 OF THIS CHAPTER, SHALL BE ENTITLED TO AN ACCIDENTAL DEATH BENEFIT
   24  PROVIDED HE OR SHE MAKES WRITTEN APPLICATION TO THE HEAD OF THE  RETIRE-
   25  MENT  SYSTEM WITHIN THE TIME FOR FILING AN APPLICATION FOR AN ACCIDENTAL
   26  DEATH BENEFIT AS SET FORTH IN SECTION 13-544 OF THIS CHAPTER.
   27    S 2. Subdivision 25 of section 2575 of the education law is amended by
   28  adding four new paragraphs (c), (d), (e) and (f) to read as follows:
   29    (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
   30  RULES  AND  REGULATIONS ADOPTED PURSUANT TO THIS SECTION SHALL BE DEEMED
   31  TO BE AMENDED TO PROVIDE THAT  ANY  REQUIREMENT  THAT  APPLICATIONS  FOR
   32  ACCIDENTAL  DISABILITY  BE  FILED WITHIN A LIMITED TIME PERIOD AFTER THE
   33  HAPPENING OF SUCH ACCIDENT SHALL NOT APPLY TO A VESTED MEMBER  INCAPACI-
   34  TATED  AS  A  RESULT  OF  A  QUALIFYING  WORLD TRADE CENTER CONDITION AS
   35  DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW.
   36    (D)(1)(I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,
   37  THE  RULES  AND  REGULATIONS  ADOPTED  PURSUANT TO THIS SECTION SHALL BE
   38  DEEMED TO BE AMENDED TO PROVIDE THAT IF ANY CONDITION OR  IMPAIRMENT  OF
   39  HEALTH IS CAUSED BY A QUALIFYING WORLD TRADE CENTER CONDITION AS DEFINED
   40  IN  SECTION  TWO  OF THE RETIREMENT AND SOCIAL SECURITY LAW, IT SHALL BE
   41  PRESUMPTIVE EVIDENCE  THAT  IT  WAS  INCURRED  IN  THE  PERFORMANCE  AND
   42  DISCHARGE  OF  DUTY  AND THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT
   43  NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL NEGLIGENCE, UNLESS THE  CONTRARY
   44  BE PROVED BY COMPETENT EVIDENCE.
   45    (II)  THE  NEW YORK CITY BOARD OF EDUCATION RETIREMENT BOARD IS HEREBY
   46  AUTHORIZED  TO  PROMULGATE  RULES  AND  REGULATIONS  TO  IMPLEMENT   THE
   47  PROVISIONS OF THIS PARAGRAPH.
   48    (2)(I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
   49  RULES  AND  REGULATIONS ADOPTED PURSUANT TO THIS SECTION SHALL BE DEEMED
   50  TO BE AMENDED TO PROVIDE THAT IF A  MEMBER  WHO  PARTICIPATED  IN  WORLD
   51  TRADE  CENTER  RESCUE,  RECOVERY  OR  CLEANUP  OPERATIONS  AS DEFINED IN
   52  SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW, AND  SUBSEQUENTLY
   53  RETIRED  ON  A SERVICE RETIREMENT, AN ORDINARY DISABILITY RETIREMENT, AN
   54  ACCIDENTAL DISABILITY  RETIREMENT,  A  PERFORMANCE  OF  DUTY  DISABILITY
   55  RETIREMENT,  OR  WAS  SEPARATED  FROM  SERVICE  WITH  A  VESTED RIGHT TO
   56  DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE  AND  SUBSEQUENT  TO  SUCH
       A. 7803--A                          4

    1  RETIREMENT  OR  SEPARATION  IS  DETERMINED BY THE HEAD OF THE RETIREMENT
    2  SYSTEM OR APPLICABLE MEDICAL BOARD TO  HAVE  A  QUALIFYING  WORLD  TRADE
    3  CENTER CONDITION, AS DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL
    4  SECURITY  LAW,  UPON  SUCH  DETERMINATION  BY THE NEW YORK CITY BOARD OF
    5  EDUCATION RETIREMENT BOARD OR APPLICABLE  MEDICAL  BOARD,  IT  SHALL  BE
    6  PRESUMED  THAT  SUCH  DISABILITY  WAS  INCURRED  IN  THE PERFORMANCE AND
    7  DISCHARGE OF DUTY AS THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT NOT
    8  CAUSED BY SUCH MEMBER'S OWN WILLFUL  NEGLIGENCE,  AND  THAT  THE  MEMBER
    9  WOULD HAVE BEEN PHYSICALLY OR MENTALLY INCAPACITATED FOR THE PERFORMANCE
   10  AND  DISCHARGE  OF  DUTY OF THE POSITION FROM WHICH HE OR SHE RETIRED OR
   11  VESTED HAD THE CONDITION BEEN KNOWN AND FULLY DEVELOPED AT THE  TIME  OF
   12  THE  MEMBER'S  RETIREMENT OR SEPARATION FROM SERVICE WITH VESTED RIGHTS,
   13  UNLESS THE CONTRARY IS PROVEN BY COMPETENT EVIDENCE.
   14    (II) THE NEW YORK CITY  BOARD  OF  EDUCATION  RETIREMENT  BOARD  SHALL
   15  CONSIDER  A RECLASSIFICATION OF THE MEMBER'S RETIREMENT OR VESTING AS AN
   16  ACCIDENTAL DISABILITY RETIREMENT  EFFECTIVE  AS  OF  THE  DATE  OF  SUCH
   17  RECLASSIFICATION.
   18    (III) SUCH MEMBER'S RETIREMENT OPTION SHALL NOT BE CHANGED AS A RESULT
   19  OF SUCH RECLASSIFICATION.
   20    (IV)  THE MEMBER'S FORMER EMPLOYER AT THE TIME OF THE MEMBER'S RETIRE-
   21  MENT SHALL HAVE AN OPPORTUNITY TO BE HEARD ON THE  MEMBER'S  APPLICATION
   22  FOR  RECLASSIFICATION BY THE NEW YORK CITY BOARD OF EDUCATION RETIREMENT
   23  BOARD ACCORDING TO PROCEDURES DEVELOPED BY THE NEW YORK  CITY  BOARD  OF
   24  EDUCATION RETIREMENT BOARD.
   25    (V)  THE  NEW  YORK CITY BOARD OF EDUCATION RETIREMENT BOARD IS HEREBY
   26  AUTHORIZED  TO  PROMULGATE  RULES  AND  REGULATIONS  TO  IMPLEMENT   THE
   27  PROVISIONS OF THIS PARAGRAPH.
   28    (E)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
   29  RULES AND REGULATIONS ADOPTED PURSUANT TO THIS SECTION SHALL  BE  DEEMED
   30  TO  BE  AMENDED  TO PROVIDE THAT IF A RETIREE OR VESTEE WHO: (1) HAS MET
   31  THE CRITERIA OF PARAGRAPH (D) OF  THIS  SUBDIVISION  AND  RETIRED  ON  A
   32  SERVICE  OR  DISABILITY  RETIREMENT,  WOULD HAVE MET THE CRITERIA IF NOT
   33  ALREADY RETIRED ON AN  ACCIDENTAL  DISABILITY,  OR  WAS  SEPARATED  FROM
   34  SERVICE  WITH  A  VESTED  RIGHT  TO  DEFERRED PAYABILITY OF A RETIREMENT
   35  ALLOWANCE; AND (2) HAS NOT BEEN RETIRED FOR MORE THAN TWENTY-FIVE YEARS;
   36  AND (3) DIES FROM A QUALIFYING WORLD TRADE CENTER CONDITION, AS  DEFINED
   37  IN  SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW, AS DETERMINED
   38  BY THE APPLICABLE HEAD OF THE RETIREMENT SYSTEM  OR  APPLICABLE  MEDICAL
   39  BOARD,  THEN  UNLESS  THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH
   40  RETIREE OR VESTEE SHALL BE DEEMED TO HAVE DIED AS A NATURAL  AND  PROXI-
   41  MATE  RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT
   42  AS A RESULT OF WILLFUL NEGLIGENCE ON HIS OR HER PART. SUCH RETIREE'S  OR
   43  VESTEE'S  ELIGIBLE  BENEFICIARY, AS SET FORTH IN TITLE TWENTY-ONE OF THE
   44  RULES AND REGULATION, SHALL BE ENTITLED TO AN ACCIDENTAL  DEATH  BENEFIT
   45  AS  PROVIDED  BY TITLE TWENTY-ONE OF THE RULES AND REGULATIONS, HOWEVER,
   46  FOR THE PURPOSES OF DETERMINING THE SALARY BASE  UPON  WHICH  THE  ACCI-
   47  DENTAL  DEATH  BENEFIT  IS  CALCULATED,  THE  RETIREE OR VESTEE SHALL BE
   48  DEEMED TO HAVE DIED ON THE DATE OF HIS OR HER RETIREMENT  OR  SEPARATION
   49  FROM  SERVICE  WITH VESTED RIGHTS. UPON THE RETIREE'S OR VESTEE'S DEATH,
   50  THE ELIGIBLE BENEFICIARY SHALL MAKE A WRITTEN APPLICATION TO THE HEAD OF
   51  THE RETIREMENT SYSTEM WITHIN THE TIME FOR FILING AN APPLICATION  FOR  AN
   52  ACCIDENTAL  DEATH  BENEFIT AS SET FORTH IN TITLE TWENTY-ONE OF THE RULES
   53  AND REGULATIONS REQUESTING CONVERSION OF SUCH RETIREE'S SERVICE,  VESTED
   54  RIGHT  OR  DISABILITY RETIREMENT BENEFIT TO AN ACCIDENTAL DEATH BENEFIT.
   55  AT THE TIME OF SUCH CONVERSION, THE ELIGIBLE  BENEFICIARY  SHALL  RELIN-
   56  QUISH  ALL  RIGHTS TO THE PROSPECTIVE BENEFITS PAYABLE UNDER THE SERVICE
       A. 7803--A                          5

    1  OR DISABILITY RETIREMENT BENEFIT,  OR  VESTED  RIGHT  TO  SUCH  BENEFIT,
    2  INCLUDING  ANY  POST-RETIREMENT  DEATH  BENEFITS, SINCE THE RETIREE'S OR
    3  VESTEE'S DEATH. IF THE ELIGIBLE BENEFICIARY IS NOT THE ONLY  BENEFICIARY
    4  RECEIVING OR ENTITLED TO RECEIVE A BENEFIT UNDER THE SERVICE OR DISABIL-
    5  ITY  RETIREMENT  BENEFIT (INCLUDING, BUT NOT LIMITED TO, POST-RETIREMENT
    6  DEATH BENEFITS OR BENEFITS PAID OR PAYABLE  PURSUANT  TO  THE  RETIREE'S
    7  OPTION  SELECTION), OR THAT  WILL BE ELIGIBLE UNDER THE VESTED RIGHT THE
    8  ACCIDENTAL DEATH BENEFIT PAYMENTS TO THE ELIGIBLE  BENEFICIARY  WILL  BE
    9  REDUCED BY ANY AMOUNTS PAID OR PAYABLE TO ANY OTHER BENEFICIARY.
   10    (F)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
   11  RULES AND REGULATIONS ADOPTED PURSUANT TO THIS SECTION SHALL  BE  DEEMED
   12  TO  BE AMENDED TO PROVIDE THAT IF A MEMBER WHO: (1) HAS MET THE CRITERIA
   13  OF PARAGRAPH (D) OF THIS SUBDIVISION; (2)  DIES  IN  ACTIVE  SERVICE  OR
   14  AFTER SEPARATING FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY
   15  OF  A  RETIREMENT ALLOWANCE, BUT PRIOR TO THE PAYABILITY OF THAT RETIRE-
   16  MENT ALLOWANCE; AND (3) DIES FROM A QUALIFYING WORLD TRADE CENTER CONDI-
   17  TION, AS DEFINED IN SECTION TWO OF THE RETIREMENT  AND  SOCIAL  SECURITY
   18  LAW,  AS  DETERMINED  BY THE APPLICABLE HEAD OF THE RETIREMENT SYSTEM OR
   19  APPLICABLE MEDICAL BOARD, THEN UNLESS THE CONTRARY BE PROVEN  BY  COMPE-
   20  TENT EVIDENCE, SUCH MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND
   21  PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND
   22  NOT  AS A RESULT OF WILLFUL NEGLIGENCE ON HIS OR HER PART. SUCH MEMBER'S
   23  ELIGIBLE BENEFICIARY, AS SET FORTH IN TITLE TWENTY-ONE OF THE RULES  AND
   24  REGULATIONS SHALL BE ENTITLED TO AN ACCIDENTAL DEATH BENEFIT PROVIDED HE
   25  OR SHE MAKES WRITTEN APPLICATION TO THE HEAD OF THE RETIREMENT SYSTEM AS
   26  SET FORTH IN TITLE TWENTY-ONE OF THE RULES AND REGULATIONS.
   27    S 3. Subparagraph (b) of paragraph 5 of subdivision b and subdivisions
   28  c  and d of section 13-168 of the administrative code of the city of New
   29  York, as amended by chapter 489 of the laws of 2008, are amended to read
   30  as follows:
   31    (b) (1) Notwithstanding the provisions  of  this  chapter  or  of  any
   32  general,  special  or local law, charter, administrative code or rule or
   33  regulation to the contrary, if a member who participated in World  Trade
   34  Center  rescue, recovery or cleanup operations as defined in section two
   35  of the retirement and social security law, and subsequently retired on a
   36  service retirement, an ordinary  disability  retirement,  an  accidental
   37  disability retirement, [or] a performance of duty disability retirement,
   38  OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY
   39  OF  A  RETIREMENT  ALLOWANCE  and subsequent to such retirement OR SEPA-
   40  RATION is determined by the board of trustees to have a qualifying World
   41  Trade Center condition as defined by section two of the  retirement  and
   42  social  security  law,  upon  such  determination by the NYCERS board of
   43  trustees, it shall be presumed that such disability was incurred in  the
   44  performance and discharge of duty as the natural and proximate result of
   45  an accident not caused by such member's own willful negligence, and that
   46  the  member would have been physically or mentally incapacitated for the
   47  performance and discharge of duty of the position from which he  or  she
   48  retired  OR  VESTED  had the condition been known and fully developed at
   49  the time of the member's retirement  OR  SEPARATION  FROM  SERVICE  WITH
   50  VESTED RIGHTS, unless the contrary is proven by competent evidence.
   51    (2)  The NYCERS board of trustees shall consider a reclassification of
   52  the member's retirement OR VESTING as an accidental  disability  retire-
   53  ment effective as of the date of such reclassification.
   54    (3)  Such  member's retirement option shall not be changed as a result
   55  of such reclassification.
       A. 7803--A                          6

    1    (4) The member's former employer at the time of the  member's  retire-
    2  ment  shall  have an opportunity to be heard on the member's application
    3  for reclassification by the NYCERS board of trustees according to proce-
    4  dures developed by the retirement system.
    5    c.  Notwithstanding  any  other  provision  of  this chapter or of any
    6  general, special or local law, charter, administrative code or  rule  or
    7  regulation  to the contrary, if a retiree OR VESTEE who: (1) has met the
    8  criteria of subdivision b of this section and retired on  a  service  or
    9  disability  retirement,  [or] would have met the criteria if not already
   10  retired on an accidental disability, OR WAS SEPARATED FROM SERVICE  WITH
   11  A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; and (2)
   12  has  not been retired for more than twenty-five years; and (3) dies from
   13  a qualifying World Trade Center condition as defined in section  two  of
   14  the  retirement and social security law, as determined by the applicable
   15  head of the retirement system or applicable medical board,  then  unless
   16  the  contrary  be  proven  by competent evidence, such retiree OR VESTEE
   17  shall be deemed to have died as a natural and  proximate  result  of  an
   18  accident  sustained  in  the  performance of duty and not as a result of
   19  willful negligence on his or her  part.    Such  retiree's  OR  VESTEE'S
   20  eligible  beneficiary,  as  set forth in section 13-149 of this chapter,
   21  shall be entitled to an accidental death benefit as provided by  section
   22  13-149  of  this  chapter,  however, for the purposes of determining the
   23  salary base upon which the accidental death benefit is  calculated,  the
   24  retiree OR VESTEE shall be deemed to have died on the date of his or her
   25  retirement  OR  SEPARATION  FROM  SERVICE  WITH  VESTED RIGHTS. Upon the
   26  retiree's OR VESTEE'S death, the eligible beneficiary shall make a writ-
   27  ten application to the head of the retirement system within the time for
   28  filing an application for an accidental death benefit as  set  forth  in
   29  section  13-149  of this chapter requesting conversion of such retiree's
   30  service, VESTED RIGHT or disability retirement benefit to an  accidental
   31  death  benefit. At the time of such conversion, the eligible beneficiary
   32  shall relinquish all rights to the prospective  benefits  payable  under
   33  the  service  or  disability retirement benefit, OR VESTED RIGHT TO SUCH
   34  BENEFIT,  including  any  post-retirement  death  benefits,  since   the
   35  retiree's  OR  VESTEE'S  death.   If the eligible beneficiary is not the
   36  only beneficiary receiving or entitled to receive a  benefit  under  the
   37  service or disability retirement benefit (including, but not limited to,
   38  post-retirement  death  benefits or benefits paid or payable pursuant to
   39  the retiree's option selection), OR THAT  WILL  BE  ELIGIBLE  UNDER  THE
   40  VESTED  RIGHT,  the  accidental  death  benefit payments to the eligible
   41  beneficiary will be reduced by any amounts paid or payable to any  other
   42  beneficiary.
   43    d. Notwithstanding any other provision of this code or of any general,
   44  special or local law, charter, or rule or regulation to the contrary, if
   45  a member who: (1) has met the criteria of subdivision b of this section;
   46  [and] (2) dies in active service OR AFTER SEPARATING FROM SERVICE WITH A
   47  VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE, BUT PRIOR
   48  TO  THE  PAYABILITY  OF  THAT  RETIREMENT ALLOWANCE; AND (3) DIES from a
   49  qualifying World Trade Center condition as defined in section two of the
   50  retirement and social security law, as determined by the applicable head
   51  of the retirement system or applicable medical board,  then  unless  the
   52  contrary be proven by competent evidence, such member shall be deemed to
   53  have  died as a natural and proximate result of an accident sustained in
   54  the performance of duty and not as a result of willful negligence on his
   55  or her part.   Such member's  eligible  beneficiary,  as  set  forth  in
   56  section 13-149 of this chapter, shall be entitled to an accidental death
       A. 7803--A                          7

    1  benefit  provided he or she makes written application to the head of the
    2  retirement system within the time for filing an application for an acci-
    3  dental death benefit as set forth in section 13-149 of this chapter.
    4    S 4. Subdivisions 2, 3 and 4 of section 13-252.1 of the administrative
    5  code  of  the city of New York, as amended by chapter 489 of the laws of
    6  2008, are amended to read as follows:
    7    2. (a) Notwithstanding the provisions of this chapter or of any gener-
    8  al, special or local law, charter, administrative code or rule or  regu-
    9  lation  to  the  contrary,  if  a member who participated in World Trade
   10  Center rescue, recovery or cleanup operations as defined in section  two
   11  of the retirement and social security law, and subsequently retired on a
   12  service  retirement,  an  ordinary  disability retirement, an accidental
   13  disability retirement, [or] a performance of duty disability retirement,
   14  OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY
   15  OF A RETIREMENT ALLOWANCE and subsequent to  such  retirement  OR  SEPA-
   16  RATION is determined by the [NYCFDPF] NYCPPF board of trustees to have a
   17  qualifying  World  Trade  Center condition, as defined in section two of
   18  the retirement and social security law, upon such determination  by  the
   19  [NYCFDPF] NYCPPF board of trustees, it shall be presumed that such disa-
   20  bility  was  incurred  in  the  performance and discharge of duty as the
   21  natural and proximate result of an accident not caused by such  member's
   22  own  willful  negligence, and that the member would have been physically
   23  or mentally incapacitated for the performance and discharge of  duty  of
   24  the  position  from  which he or she retired OR VESTED had the condition
   25  been known and fully developed at the time of the member's retirement OR
   26  SEPARATION FROM SERVICE WITH VESTED RIGHTS, unless the contrary is prov-
   27  en by competent evidence.
   28    (b) The NYCPPF board of trustees shall consider a reclassification  of
   29  the  member's  retirement OR VESTING as an accidental disability retire-
   30  ment effective as of the date of such reclassification.
   31    (c) Such member's retirement option shall not be changed as  a  result
   32  of such reclassification.
   33    (d)  The  member's former employer at the time of the member's retire-
   34  ment shall have an opportunity to be heard on the  member's  application
   35  for reclassification by the NYCPPF board of trustees according to proce-
   36  dures developed by the NYCPPF board of trustees.
   37    (e)  The  NYCPPF  board of trustees is hereby authorized to promulgate
   38  rules and regulations to implement the provisions of this paragraph.
   39    3. Notwithstanding any other provision  of  this  chapter  or  of  any
   40  general,  special  or local law, charter, administrative code or rule or
   41  regulation to the contrary, if a retiree OR VESTEE who: (1) has met  the
   42  criteria  of subdivision one of this section and retired on a service or
   43  disability retirement, [or] would have met the criteria if  not  already
   44  retired  on an accidental disability, OR WAS SEPARATED FROM SERVICE WITH
   45  A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; and (2)
   46  has not been retired for more than twenty-five years; and (3) dies  from
   47  a  qualifying World Trade Center condition, as defined in section two of
   48  the retirement and social security law, as determined by the  applicable
   49  head  of  the retirement system or applicable medical board, then unless
   50  the contrary be proven by competent evidence,  such  retiree  OR  VESTEE
   51  shall  be  deemed  to  have died as a natural and proximate result of an
   52  accident sustained in the performance of duty and not  as  a  result  of
   53  willful  negligence  on  his  or  her part.   Such retiree's OR VESTEE'S
   54  eligible beneficiary, as set forth in section 13-244 of this subchapter,
   55  shall be entitled to an accidental death benefit as provided by  section
   56  13-244  of this subchapter, however, for the purposes of determining the
       A. 7803--A                          8

    1  salary base upon which the accidental death benefit is  calculated,  the
    2  retiree OR VESTEE shall be deemed to have died on the date of his or her
    3  retirement  OR  SEPARATION  FROM  SERVICE  WITH  VESTED RIGHTS. Upon the
    4  retiree's OR VESTEE'S death, the eligible beneficiary shall make a writ-
    5  ten application to the head of the retirement system within the time for
    6  filing  an  application  for an accidental death benefit as set forth in
    7  section  13-244  of  this  subchapter  requesting  conversion  of   such
    8  retiree's  service,  VESTED RIGHT or disability retirement benefit to an
    9  accidental death benefit. At the time of such conversion,  the  eligible
   10  beneficiary  shall  relinquish  all  rights  to the prospective benefits
   11  payable under the service or disability retirement  benefit,  OR  VESTED
   12  RIGHT  TO  SUCH  BENEFIT,  including any post-retirement death benefits,
   13  since the retiree's OR VESTEE'S death. If the  eligible  beneficiary  is
   14  not  the  only  beneficiary  receiving  or entitled to receive a benefit
   15  under the service or disability retirement benefit (including,  but  not
   16  limited  to,  post-retirement death benefits or benefits paid or payable
   17  pursuant to the retiree's option selection), OR THAT  WILL  BE  ELIGIBLE
   18  UNDER  THE  VESTED  RIGHT,  the accidental death benefit payments to the
   19  eligible beneficiary will be reduced by any amounts paid or  payable  to
   20  any other beneficiary.
   21    4. Notwithstanding any other provision of this code or of any general,
   22  special or local law, charter, or rule or regulation to the contrary, if
   23  a  member  who:  (1)  has  met  the  criteria of subdivision one of this
   24  section; [and] (2) dies in  active  service  OR  AFTER  SEPARATING  FROM
   25  SERVICE  WITH  A  VESTED  RIGHT  TO  DEFERRED PAYABILITY OF A RETIREMENT
   26  ALLOWANCE, BUT PRIOR TO THE PAYABILITY OF THAT RETIREMENT ALLOWANCE; AND
   27  (3) DIES from a qualifying World Trade Center condition, as  defined  in
   28  section  two of the retirement and social security law, as determined by
   29  the applicable head of the retirement system or applicable medical board
   30  to have been caused by such member's participation in  the  World  Trade
   31  Center rescue, recovery or cleanup operations, as defined in section two
   32  of  the  retirement and social security law, then unless the contrary be
   33  proven by competent evidence, such member shall be deemed to  have  died
   34  as  a  natural  and  proximate  result  of  an accident sustained in the
   35  performance of duty and not as a result of willful negligence on his  or
   36  her  part.  Such  member's eligible beneficiary, as set forth in section
   37  13-244 of this subchapter, shall be  entitled  to  an  accidental  death
   38  benefit  provided he or she makes written application to the head of the
   39  retirement system within the time for filing an application for an acci-
   40  dental death benefit as set forth in section 13-244 of this subchapter.
   41    S 5. Subdivisions 2, 3 and 4 of section 13-353.1 of the administrative
   42  code of the city of New York, as amended by chapter 489 of the  laws  of
   43  2008, are amended to read as follows:
   44    2. (a) Notwithstanding the provisions of this chapter or of any gener-
   45  al,  special or local law, charter, administrative code or rule or regu-
   46  lation to the contrary, if a member  who  participated  in  World  Trade
   47  Center  rescue, recovery or cleanup operations as defined in section two
   48  of the retirement and social security law, and subsequently retired on a
   49  service retirement, an ordinary  disability  retirement,  an  accidental
   50  disability retirement, [or] a performance of duty disability retirement,
   51  OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY
   52  OF  A  RETIREMENT  ALLOWANCE  and subsequent to such retirement OR SEPA-
   53  RATION is determined by the head of the  retirement  system  to  have  a
   54  qualifying  World  Trade  Center condition, as defined in section two of
   55  the retirement and social security law, upon such determination  by  the
   56  NYCFDPF board of trustees, it shall be presumed that such disability was
       A. 7803--A                          9

    1  incurred  in  the  performance  and discharge of duty as the natural and
    2  proximate result of an accident not caused by such member's own  willful
    3  negligence,  and  that the member would have been physically or mentally
    4  incapacitated  for the performance and discharge of duty of the position
    5  from which he or she retired OR VESTED had the condition been known  and
    6  fully  developed  at  the  time of the member's retirement OR SEPARATION
    7  FROM SERVICE WITH VESTED RIGHTS, unless the contrary is proven by compe-
    8  tent evidence.
    9    (b) The NYCFDPF shall consider  a  reclassification  of  the  member's
   10  retirement  OR  VESTING as an accidental disability retirement effective
   11  as of the date of such reclassification.
   12    (c) Such member's retirement option shall not be changed as  a  result
   13  of such reclassification.
   14    (d)  The  member's former employer at the time of the member's retire-
   15  ment shall have an opportunity to be heard on the  member's  application
   16  for  reclassification  by  the  NYCFDPF  board  of trustees according to
   17  procedures developed by the NYCFDPF.
   18    (e) The NYCFDPF board of trustees is hereby authorized  to  promulgate
   19  rules and regulations to implement the provisions of this paragraph.
   20    3.  Notwithstanding  any  other  provision  of  this chapter or of any
   21  general, special or local law, charter, administrative code or  rule  or
   22  regulation  to the contrary, if a retiree OR VESTEE who: (1) has met the
   23  criteria of subdivision one of this section and retired on a service  or
   24  disability  retirement,  [or] would have met the criteria if not already
   25  retired on an accidental disability, OR WAS SEPARATED FROM SERVICE  WITH
   26  A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; and (2)
   27  has  not been retired for more than twenty-five years; and (3) dies from
   28  a qualifying World Trade Center condition, as defined in section two  of
   29  the  retirement and social security law, as determined by the applicable
   30  head of the retirement system or applicable medical board,  then  unless
   31  the  contrary  be  proven  by competent evidence, such retiree OR VESTEE
   32  shall be deemed to have died as a natural and  proximate  result  of  an
   33  accident  sustained  in  the  performance of duty and not as a result of
   34  willful negligence on his or her  part.    Such  retiree's  OR  VESTEE'S
   35  eligible beneficiary, as set forth in section 13-347 of this subchapter,
   36  shall be entitled to an accidental death benefit as provided by sections
   37  13-347  and  13-348  of  this  subchapter,  however, for the purposes of
   38  determining the salary base upon which the accidental death  benefit  is
   39  calculated,  the  retiree  OR VESTEE shall be deemed to have died on the
   40  date of his or her retirement OR SEPARATION  FROM  SERVICE  WITH  VESTED
   41  RIGHTS.  Upon  the retiree's OR VESTEE'S death, the eligible beneficiary
   42  shall make a written application to the head of  the  retirement  system
   43  within  the time for filing an application for an accidental death bene-
   44  fit as set forth in  sections  13-347  and  13-348  of  this  subchapter
   45  requesting  conversion  of such retiree's service, VESTED RIGHT or disa-
   46  bility retirement benefit to an accidental death benefit. At the time of
   47  such conversion, the eligible beneficiary shall relinquish all rights to
   48  the prospective benefits payable under the service or disability retire-
   49  ment benefit OR VESTED RIGHT TO SUCH BENEFIT, including any post-retire-
   50  ment death benefits, since the  retiree's  OR  VESTEE'S  death.  If  the
   51  eligible  beneficiary  is not the only beneficiary receiving or entitled
   52  to receive a benefit under the service or disability retirement  benefit
   53  (including,  but not limited to, post-retirement death benefits or bene-
   54  fits paid or payable pursuant to the  retiree's  option  selection),  OR
   55  THAT  WILL BE ELIGIBLE UNDER THE VESTED RIGHT the accidental death bene-
       A. 7803--A                         10

    1  fit payments to the eligible beneficiary will be reduced by any  amounts
    2  paid or payable to any other beneficiary.
    3    4. Notwithstanding any other provision of this code or of any general,
    4  special or local law, charter, or rule or regulation to the contrary, if
    5  a  member  who:  (1)  has  met  the  criteria of subdivision one of this
    6  section; [and] (2) dies in  active  service  OR  AFTER  SEPARATING  FROM
    7  SERVICE  WITH  A  VESTED  RIGHT  TO  DEFERRED PAYABILITY OF A RETIREMENT
    8  ALLOWANCE, BUT PRIOR TO THE PAYABILITY OF THAT RETIREMENT ALLOWANCE; AND
    9  (3) DIES from a qualifying World Trade Center condition, as  defined  in
   10  section  two of the retirement and social security law, as determined by
   11  the applicable head of  the  retirement  system  or  applicable  medical
   12  board,  then  unless  the contrary be proven by competent evidence, such
   13  member shall be deemed to have died as a natural and proximate result of
   14  an accident sustained in the performance of duty and not as a result  of
   15  willful negligence on his or her part.  Such member's eligible benefici-
   16  ary,  as  set forth in section 13-347 of this subchapter, shall be enti-
   17  tled to an accidental death benefit provided he  or  she  makes  written
   18  application  to  the  head  of the retirement system within the time for
   19  filing an application for an accidental death benefit as  set  forth  in
   20  section 13-347 of this subchapter.
   21    S  6. Paragraph 2 of subdivision c and subdivisions d and e of section
   22  507-c of the retirement and social security law, as amended  by  chapter
   23  489 of the laws of 2008, are amended to read as follows:
   24    2. (a) Notwithstanding the provisions of this chapter or of any gener-
   25  al,  special or local law, charter, administrative code or rule or regu-
   26  lation to the contrary, if a member  who  participated  in  World  Trade
   27  Center rescue, recovery or cleanup operations, as defined in section two
   28  of  this  chapter,  and subsequently retired on a service retirement, an
   29  ordinary disability retirement [or], a performance  of  duty  disability
   30  retirement,  OR  WAS  SEPARATED  FROM  SERVICE  WITH  A  VESTED RIGHT TO
   31  DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE  and  subsequent  to  such
   32  retirement  OR SEPARATION which is determined by the head of the retire-
   33  ment system to have been a qualifying World Trade Center  condition,  as
   34  defined  in  section two of this chapter, upon such determination by the
   35  head of the retirement system, it shall be presumed that such disability
   36  was incurred in the performance and discharge of duty as the natural and
   37  proximate result of an accident not caused by such member's own  willful
   38  negligence,  and  that the member would have been physically or mentally
   39  incapacitated for the performance and discharge of duty of the  position
   40  from  which he or she retired OR VESTED had the condition been known and
   41  fully developed at the time of the  member's  retirement  OR  SEPARATION
   42  FROM SERVICE WITH VESTED RIGHTS, unless the contrary is proved by compe-
   43  tent evidence.
   44    (b)  The  head of the retirement system shall consider a reclassifica-
   45  tion of the member's retirement OR VESTING as an  accidental  disability
   46  retirement effective as of the date of such reclassification.
   47    (c)  Such  member's retirement option shall not be changed as a result
   48  of such reclassification.
   49    (d) The member's former employer at the time of the  member's  retire-
   50  ment  shall  have an opportunity to be heard on the member's application
   51  for reclassification by the head of the retirement system  according  to
   52  procedures developed by the head of the retirement system.
   53    (e)  The head of the retirement system is hereby authorized to promul-
   54  gate rules and regulations to implement the  provisions  of  this  para-
   55  graph.
       A. 7803--A                         11

    1    d.  Notwithstanding  any  other  provision  of  this chapter or of any
    2  general, special or local law, charter, administrative code or  rule  or
    3  regulation  to the contrary, if a retiree OR VESTEE who: (1) has met the
    4  criteria of subdivision c of this section and retired on  a  service  or
    5  disability  retirement,  [or] would have met the criteria if not already
    6  retired on an accidental disability, OR WAS SEPARATED FROM SERVICE  WITH
    7  A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; and (2)
    8  has  not been retired for more than twenty-five years; and (3) dies from
    9  a qualifying World Trade center condition, as defined in section two  of
   10  this  chapter,  that is determined by the applicable head of the retire-
   11  ment system or applicable medical board, then  unless  the  contrary  be
   12  proven  by competent evidence, such retiree OR VESTEE shall be deemed to
   13  have died as a natural and proximate result of an accident sustained  in
   14  the performance of duty and not as a result of willful negligence on his
   15  or  her  part.  Such  retiree's OR VESTEE'S eligible beneficiary, as set
   16  forth in section five hundred one of this article, shall be entitled  to
   17  an  accidental death benefit as provided by section five hundred nine of
   18  this article, however, for the purposes of determining the  salary  base
   19  upon  which  the  accidental death benefit is calculated, the retiree OR
   20  VESTEE shall be deemed to have died on the date of his or her retirement
   21  OR SEPARATION FROM SERVICE WITH VESTED RIGHTS.  Upon  the  retiree's  OR
   22  VESTEE'S  death,  the eligible beneficiary shall make a written applica-
   23  tion to the head of the retirement system within the time for filing  an
   24  application for an accidental death benefit as set forth in section five
   25  hundred  nine  of  this  article requesting conversion of such retiree's
   26  service, VESTED RIGHT or disability retirement benefit to an  accidental
   27  death  benefit. At the time of such conversion, the eligible beneficiary
   28  shall relinquish all rights to the prospective  benefits  payable  under
   29  the  service  or  disability retirement benefit, OR VESTED RIGHT TO SUCH
   30  BENEFIT,  including  any  post-retirement  death  benefits,  since   the
   31  retiree's  OR  VESTEE'S  death.   If the eligible beneficiary is not the
   32  only beneficiary receiving or entitled to receive a  benefit  under  the
   33  service or disability retirement benefit (including, but not limited to,
   34  post-retirement  death  benefits or benefits paid or payable pursuant to
   35  the retiree's option selection), OR THAT  WILL  BE  ELIGIBLE  UNDER  THE
   36  VESTED RIGHT the accidental death benefit payments to the eligible bene-
   37  ficiary  will  be  reduced  by  any amounts paid or payable to any other
   38  beneficiary.
   39    e. Notwithstanding any other provision  of  this  chapter  or  of  any
   40  general,  special  or local law, charter, administrative code or rule or
   41  regulation to the contrary, if a member who: (1) has met the criteria of
   42  subdivision c of this section; [and] (2) dies in active service OR AFTER
   43  SEPARATING FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF  A
   44  RETIREMENT  ALLOWANCE,  BUT  PRIOR  TO THE PAYABILITY OF THAT RETIREMENT
   45  ALLOWANCE; AND (3) DIES from a qualifying World Trade Center  condition,
   46  as  defined  in  section  two of this chapter, that is determined by the
   47  applicable head of the retirement system or  applicable  medical  board,
   48  then  unless  the  contrary be proven by competent evidence, such member
   49  shall be deemed to have died as a natural and  proximate  result  of  an
   50  accident  sustained  in  the  performance of duty and not as a result of
   51  willful negligence on his or her part. Such member's eligible  benefici-
   52  ary,  as set forth in section five hundred one of this article, shall be
   53  entitled to an accidental death benefit provided he or she makes written
   54  application to the head of the retirement system  within  the  time  for
   55  filing  an  application  for an accidental death benefit as set forth in
   56  section five hundred nine of this article.
       A. 7803--A                         12

    1    S 7. Paragraph 2 of subdivision d and subdivisions e and f of  section
    2  605-b  of  the retirement and social security law, as amended by chapter
    3  489 of the laws of 2008, are amended to read as follows:
    4    2. (a) Notwithstanding the provisions of this chapter or of any gener-
    5  al,  special or local law, charter, administrative code or rule or regu-
    6  lation to the contrary, if a member  who  participated  in  World  Trade
    7  Center rescue, recovery or cleanup operations, as defined in section two
    8  of  this  chapter,  and subsequently retired on a service retirement, an
    9  ordinary disability retirement [or], a performance  of  duty  disability
   10  retirement,  OR  WAS  SEPARATED  FROM  SERVICE  WITH  A  VESTED RIGHT TO
   11  DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE  and  subsequent  to  such
   12  retirement  OR SEPARATION which is determined by the head of the retire-
   13  ment system to have  a  qualifying  World  Trade  Center  condition,  as
   14  defined  in  section two of this chapter, upon such determination by the
   15  head of the retirement system it shall be presumed that such  disability
   16  was incurred in the performance and discharge of duty as the natural and
   17  proximate  result of an accident not caused by such member's own willful
   18  negligence, and that the member would have been physically  or  mentally
   19  incapacitated  for the performance and discharge of duty of the position
   20  from which he or she retired had the  condition  been  known  and  fully
   21  developed at the time of the member's retirement, unless the contrary is
   22  proven by competent evidence.
   23    (b)  The  head of the retirement system shall consider a reclassifica-
   24  tion of the member's retirement OR VESTING as an  accidental  disability
   25  retirement effective as of the date of such reclassification.
   26    (c)  Such  member's retirement option shall not be changed as a result
   27  of such reclassification.
   28    (d) The member's former employer at the time of the  member's  retire-
   29  ment  shall  have an opportunity to be heard on the member's application
   30  for reclassification by the head of the retirement system  according  to
   31  procedures developed by the head of the retirement system.
   32    (e)  The head of the retirement system is hereby authorized to promul-
   33  gate rules and regulations to implement the  provisions  of  this  para-
   34  graph.
   35    e.  Notwithstanding  any  other  provision  of  this chapter or of any
   36  general, special or local law, charter, administrative code or  rule  or
   37  regulation  to the contrary, if a retiree OR VESTEE who: (1) has met the
   38  criteria of subdivision d of this section and retired on  a  service  or
   39  disability  retirement,  [or] would have met the criteria if not already
   40  retired on an accidental disability, OR WAS SEPARATED FROM SERVICE  WITH
   41  A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; and (2)
   42  has  not been retired for more than twenty-five years; and (3) dies from
   43  a qualifying World Trade Center condition, as defined in section two  of
   44  this  chapter,  as  determined  by the applicable head of the retirement
   45  system or applicable medical board, then unless the contrary  be  proven
   46  by  competent  evidence,  such retiree OR VESTEE shall be deemed to have
   47  died as a natural and proximate result of an accident sustained  in  the
   48  performance  of duty and not as a result of willful negligence on his or
   49  her part. Such retiree's OR VESTEE'S eligible beneficiary, as set  forth
   50  in  section  six  hundred  one  of this article, shall be entitled to an
   51  accidental death benefit as provided by section  six  hundred  seven  of
   52  this  article,  however, for the purposes of determining the salary base
   53  upon which the accidental death benefit is calculated,  the  retiree  OR
   54  VESTEE shall be deemed to have died on the date of his or her retirement
   55  OR  SEPARATION  FROM  SERVICE WITH VESTED RIGHTS.  Upon the retiree's OR
   56  VESTEE'S death, the eligible beneficiary shall make a  written  applica-
       A. 7803--A                         13

    1  tion  to the head of the retirement system within the time for filing an
    2  application for an accidental death benefit as set forth in section  six
    3  hundred seven of this article requesting conversion of such retiree's OR
    4  VESTEE'S service or disability retirement benefit to an accidental death
    5  benefit.  At the time of such conversion, the eligible beneficiary shall
    6  relinquish all rights to the  prospective  benefits  payable  under  the
    7  service  or disability retirement benefit, OR VESTED RIGHT TO SUCH BENE-
    8  FIT, including any post-retirement death benefits, since  the  retiree's
    9  OR  VESTEE'S death.  If the eligible beneficiary is not the only benefi-
   10  ciary receiving or entitled to receive a benefit under  the  service  or
   11  disability  retirement  benefit (including, but not limited to, post-re-
   12  tirement death benefits or benefits paid  or  payable  pursuant  to  the
   13  retiree's  option  selection), OR THAT WILL BE ELIGIBLE UNDER THE VESTED
   14  RIGHT, the accidental death benefit payments to the eligible beneficiary
   15  will be reduced by any amounts paid or payable to any other beneficiary.
   16    f. Notwithstanding any other provision  of  this  chapter  or  of  any
   17  general,  special  or local law, charter, administrative code or rule or
   18  regulation to the contrary, if a member who: (1) has met the criteria of
   19  subdivision d of this section; [and] (2) dies in active service OR AFTER
   20  SEPARATING FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF  A
   21  RETIREMENT  ALLOWANCE,  BUT  PRIOR  TO THE PAYABILITY OF THAT RETIREMENT
   22  ALLOWANCE; AND (3) DIES from a qualifying World Trade Center  condition,
   23  as defined in section two of this chapter, as determined by the applica-
   24  ble  head  of  the retirement system or applicable medical board to have
   25  been caused by such member's participation in  the  World  Trade  Center
   26  rescue,  recovery  or  cleanup  operations, as defined in section two of
   27  this chapter, then unless the contrary be proven by competent  evidence,
   28  such  member  shall  be  deemed  to have died as a natural and proximate
   29  result of an accident sustained in the performance of duty and not as  a
   30  result  of willful negligence on his or her part. Such member's eligible
   31  beneficiary, as set forth in section six hundred one  of  this  article,
   32  shall  be  entitled  to  an  accidental death benefit provided he or she
   33  makes written application to the head of the  retirement  system  within
   34  the  time  for  filing an application for an accidental death benefit as
   35  set forth in section six hundred seven of this article.
   36    S 8. Paragraph 2 of subdivision b and subdivisions c and d of  section
   37  605-c  of  the retirement and social security law, as amended by chapter
   38  489 of the laws of 2008, are amended to read as follows:
   39    2. (a) Notwithstanding the provisions of this chapter or of any gener-
   40  al, special or local law, charter, administrative code or rule or  regu-
   41  lation  to  the  contrary,  if  a member who participated in World Trade
   42  Center rescue, recovery or cleanup operations as defined in section  two
   43  of  this  chapter,  and subsequently retired on a service retirement, an
   44  ordinary disability retirement [or], a performance  of  duty  disability
   45  retirement,  OR  WAS  SEPARATED  FROM  SERVICE  WITH  A  VESTED RIGHT TO
   46  DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE  and  subsequent  to  such
   47  retirement  OR  SEPARATION  is  determined by the head of the retirement
   48  system to have a qualifying World Trade Center condition as  defined  in
   49  section  two of this chapter, upon such determination by the head of the
   50  retirement system,  it  shall  be  presumed  that  such  disability  was
   51  incurred  in  the  performance  and discharge of duty as the natural and
   52  proximate result of an accident not caused by such member's own  willful
   53  negligence,  and  that the member would have been physically or mentally
   54  incapacitated for the performance and discharge of duty of the  position
   55  from  which  he  or  she  retired had the condition been known and fully
       A. 7803--A                         14

    1  developed at the time of the member's retirement, unless the contrary is
    2  proven by competent evidence.
    3    (b)  The  head of the retirement system shall consider a reclassifica-
    4  tion of the member's retirement OR VESTING as an  accidental  disability
    5  retirement effective as of the date of such reclassification.
    6    (c)  Such  member's retirement option shall not be changed as a result
    7  of such reclassification.
    8    (d) The member's former employer at the time of the  member's  retire-
    9  ment  shall  have an opportunity to be heard on the member's application
   10  for reclassification by the head of the retirement system  according  to
   11  procedures developed by the comptroller.
   12    (e)  The head of the retirement system is hereby authorized to promul-
   13  gate rules and regulations to implement the  provisions  of  this  para-
   14  graph.
   15    c.  Notwithstanding  any  other  provision  of  this chapter or of any
   16  general, special or local law, charter, administrative code or  rule  or
   17  regulation  to the contrary, if a retiree OR VESTEE who: (1) has met the
   18  criteria of subdivision b of this section and retired on  a  service  or
   19  disability  retirement,  [or] would have met the criteria if not already
   20  retired on an accidental disability, OR WAS SEPARATED FROM SERVICE  WITH
   21  A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; and (2)
   22  has  not been retired for more than twenty-five years; and (3) dies from
   23  a qualifying World Trade Center condition as defined in section  two  of
   24  this  chapter,  as  determined  by the applicable head of the retirement
   25  system or applicable medical board, then unless the contrary  be  proven
   26  by  competent  evidence,  such retiree OR VESTEE shall be deemed to have
   27  died as a natural and proximate result of an accident sustained  in  the
   28  performance  of duty and not as a result of willful negligence on his or
   29  her part. Such retiree's OR VESTEE'S eligible beneficiary, as set  forth
   30  in  section  six  hundred  one  of this article, shall be entitled to an
   31  accidental death benefit as provided by section  six  hundred  seven  of
   32  this  article,  however, for the purposes of determining the salary base
   33  upon which the accidental death benefit is calculated,  the  retiree  OR
   34  VESTEE shall be deemed to have died on the date of his or her retirement
   35  OR  SEPARATION  FROM  SERVICE WITH VESTED RIGHTS.  Upon the retiree's OR
   36  VESTEE'S death, the eligible beneficiary shall make a  written  applica-
   37  tion  to the head of the retirement system within the time for filing an
   38  application for an accidental death benefit as set forth in section  six
   39  hundred  seven  of  this article requesting conversion of such retiree's
   40  service, VESTED RIGHT or disability retirement benefit to an  accidental
   41  death  benefit. At the time of such conversion, the eligible beneficiary
   42  shall relinquish all rights to the prospective  benefits  payable  under
   43  the  service  or  disability retirement benefit, OR VESTED RIGHT TO SUCH
   44  BENEFIT,  including  any  post-retirement  death  benefits,  since   the
   45  retiree's  OR  VESTEE'S  death.   If the eligible beneficiary is not the
   46  only beneficiary receiving or entitled to receive a  benefit  under  the
   47  service or disability retirement benefit (including, but not limited to,
   48  post-retirement  death  benefits or benefits paid or payable pursuant to
   49  the retiree's option selection), OR THAT  WILL  BE  ELIGIBLE  UNDER  THE
   50  VESTED  RIGHT,  the  accidental  death  benefit payments to the eligible
   51  beneficiary will be reduced by any amounts paid or payable to any  other
   52  beneficiary.
   53    d.  Notwithstanding  any  other  provision  of  this chapter or of any
   54  general, special or local law, charter, administrative code or  rule  or
   55  regulation to the contrary, if a member who: (1) has met the criteria of
   56  subdivision b of this section; [and] (2) dies in active service OR AFTER
       A. 7803--A                         15

    1  SEPARATING  FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A
    2  RETIREMENT ALLOWANCE, BUT PRIOR TO THE  PAYABILITY  OF  THAT  RETIREMENT
    3  ALLOWANCE;  AND (3) DIES from a qualifying World Trade Center condition,
    4  as defined in section two of this chapter, as determined by the applica-
    5  ble  head  of  the retirement system or applicable medical board to have
    6  been caused by such member's participation in  the  World  Trade  Center
    7  rescue,  recovery  or  cleanup  operations, as defined in section two of
    8  this chapter, then unless the contrary be proven by competent  evidence,
    9  such  member  shall  be  deemed  to have died as a natural and proximate
   10  result of an accident sustained in the performance of duty and not as  a
   11  result  of willful negligence on his or her part. Such member's eligible
   12  beneficiary, as set forth in section six hundred one  of  this  article,
   13  shall  be  entitled  to  an  accidental death benefit provided he or she
   14  makes written application to the head of the  retirement  system  within
   15  the  time  for  filing an application for an accidental death benefit as
   16  set forth in section six hundred seven of this article.
   17    S 9. Paragraph 2 of subdivision c and subdivisions d and e of  section
   18  607-b  of  the retirement and social security law, as amended by chapter
   19  489 of the laws of 2008, are amended to read as follows:
   20    2. (a) Notwithstanding the provisions of this chapter or of any gener-
   21  al, special or local law, charter, administrative code or rule or  regu-
   22  lation  to  the  contrary,  if  a member who participated in World Trade
   23  Center rescue, recovery or cleanup operations as defined in section  two
   24  of  this  chapter,  and subsequently retired on a service retirement, an
   25  ordinary disability retirement [or], a performance  of  duty  disability
   26  retirement,  OR  WAS  SEPARATED  FROM  SERVICE  WITH  A  VESTED RIGHT TO
   27  DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE, and  subsequent  to  such
   28  retirement  OR  SEPARATION  is  determined  by the comptroller to have a
   29  qualifying World Trade Center condition, as defined in  section  two  of
   30  this  chapter,  upon  such  determination  by the head of the retirement
   31  system, it shall be presumed that such disability was  incurred  in  the
   32  performance and discharge of duty as the natural and proximate result of
   33  an accident not caused by such member's own willful negligence, and that
   34  the  member would have been physically or mentally incapacitated for the
   35  performance and discharge of duty of the position from which he  or  she
   36  retired  had the condition been known and fully developed at the time of
   37  the member's retirement, unless the  contrary  is  proven  by  competent
   38  evidence.
   39    (b)  The  head of the retirement system shall consider a reclassifica-
   40  tion of the member's retirement OR VESTING as an  accidental  disability
   41  retirement effective as of the date of such reclassification.
   42    (c)  Such  member's retirement option shall not be changed as a result
   43  of such reclassification.
   44    (d) The member's former employer at the time of the  member's  retire-
   45  ment  shall  have an opportunity to be heard on the member's application
   46  for reclassification by the NYCERS board of trustees according to proce-
   47  dures developed by the NYCERS board of trustees.
   48    (e) The head of each retirement system is hereby authorized to promul-
   49  gate rules and regulations to implement the  provisions  of  this  para-
   50  graph.
   51    d.  Notwithstanding  any  other  provision  of  this chapter or of any
   52  general, special or local law, charter, administrative code or  rule  or
   53  regulation  to the contrary, if a retiree OR VESTEE who: (1) has met the
   54  criteria of subdivision c of this section and retired on  a  service  or
   55  disability  retirement,  [or] would have met the criteria if not already
   56  retired on an accidental disability, OR WAS SEPARATED FROM SERVICE  WITH
       A. 7803--A                         16

    1  A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; and (2)
    2  has  not been retired for more than twenty-five years; and (3) dies from
    3  a qualifying World Trade Center condition, as defined in section two  of
    4  this  chapter,  as  determined  by the applicable head of the retirement
    5  system or applicable medical board, then unless the contrary  be  proven
    6  by  competent  evidence,  such retiree OR VESTEE shall be deemed to have
    7  died as a natural and proximate result of an accident sustained  in  the
    8  performance  of duty and not as a result of willful negligence on his or
    9  her part. Such retiree's OR VESTEE'S eligible beneficiary, as set  forth
   10  in  section  six  hundred  one  of this article, shall be entitled to an
   11  accidental death benefit as provided by section  six  hundred  seven  of
   12  this  article,  however, for the purposes of determining the salary base
   13  upon which the accidental death benefit is calculated,  the  retiree  OR
   14  VESTEE shall be deemed to have died on the date of his or her retirement
   15  OR  SEPARATION  FROM  SERVICE  WITH VESTED RIGHTS. Upon the retiree's OR
   16  VESTEE'S death, the eligible beneficiary shall make a  written  applica-
   17  tion  to the head of the retirement system within the time for filing an
   18  application for an accidental death benefit as set forth in section  six
   19  hundred  seven  of  this article requesting conversion of such retiree's
   20  service, VESTED RIGHT or disability retirement benefit to an  accidental
   21  death  benefit. At the time of such conversion, the eligible beneficiary
   22  shall relinquish all rights to the prospective  benefits  payable  under
   23  the  service  or  disability retirement benefit, OR VESTED RIGHT TO SUCH
   24  BENEFIT,  including  any  post-retirement  death  benefits,  since   the
   25  retiree's  OR  VESTEE'S  death.   If the eligible beneficiary is not the
   26  only beneficiary receiving or entitled to receive a  benefit  under  the
   27  service or disability retirement benefit (including, but not limited to,
   28  post-retirement  death  benefits or benefits paid or payable pursuant to
   29  the retiree's option selection), OR THAT  WILL  BE  ELIGIBLE  UNDER  THE
   30  VESTED  RIGHT,  the  accidental  death  benefit payments to the eligible
   31  beneficiary will be reduced by any amounts paid or payable to any  other
   32  beneficiary.
   33    e.  Notwithstanding  any  other  provision  of  this chapter or of any
   34  general, special or local law, charter, administrative code or  rule  or
   35  regulation to the contrary, if a member who: (1) has met the criteria of
   36  subdivision c of this section; [and] (2) dies in active service OR AFTER
   37  SEPARATING  FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A
   38  RETIREMENT ALLOWANCE, BUT PRIOR TO THE  PAYABILITY  OF  THAT  RETIREMENT
   39  ALLOWANCE;  AND (3) DIES from a qualifying World Trade Center condition,
   40  as defined in section two of this chapter, as determined by the applica-
   41  ble head of the retirement system or applicable medical  board  to  have
   42  been  caused  by  such  member's participation in the World Trade Center
   43  rescue, recovery or cleanup operations, as defined in [subparagraph  (d)
   44  of  paragraph  one of subdivision c of this section] SECTION TWO OF THIS
   45  CHAPTER, then unless the contrary be proven by competent evidence,  such
   46  member shall be deemed to have died as a natural and proximate result of
   47  an  accident sustained in the performance of duty and not as a result of
   48  willful negligence on his or her part.  Such member's eligible benefici-
   49  ary, as set forth in section six hundred one of this article,  shall  be
   50  entitled to an accidental death benefit provided he or she makes written
   51  application  to  the  head  of the retirement system within the time for
   52  filing an application for an accidental death benefit as  set  forth  in
   53  section six hundred seven of this article.
   54    S  10.  Subdivision 3 of section 161 of the workers' compensation law,
   55  as added by chapter 446 of the laws of  2006,  is  amended  to  read  as
   56  follows:
       A. 7803--A                         17

    1    3.  "Qualifying  condition" means any [latent disease or condition] OF
    2  THE FOLLOWING DISEASES OR CONDITIONS resulting from a hazardous exposure
    3  during participation in World Trade Center rescue, recovery or  clean-up
    4  operations:
    5    (A)  DISEASES  OF  THE  UPPER RESPIRATORY TRACT AND MUCOSAE, INCLUDING
    6  CONDITIONS SUCH AS  CONJUNCTIVITIS,  RHINITIS,  SINUSITIS,  PHARYNGITIS,
    7  LARYNGITIS,  VOCAL  CORD  DISEASE,  UPPER  AIRWAY  HYPER-REACTIVITY  AND
    8  TRACHEO-BRONCHITIS, OR A COMBINATION OF SUCH CONDITIONS;
    9    (B) DISEASES OF THE LOWER RESPIRATORY TRACT, INCLUDING BUT NOT LIMITED
   10  TO BRONCHITIS, ASTHMA, REACTIVE AIRWAY DYSFUNCTION SYNDROME, AND DIFFER-
   11  ENT TYPES OF PNEUMONITIS, SUCH AS  HYPERSENSITIVITY,  GRANULOMATOUS,  OR
   12  EOSINOPHILIC;
   13    (C)  DISEASES OF THE GASTROESOPHAGEAL TRACT, INCLUDING ESOPHAGITIS AND
   14  REFLUX DISEASE, EITHER ACUTE OR CHRONIC, CAUSED BY  EXPOSURE  OR  AGGRA-
   15  VATED BY EXPOSURE;
   16    (D)  DISEASES  OF  THE  PSYCHOLOGICAL  AXIS,  INCLUDING POST-TRAUMATIC
   17  STRESS DISORDER, ANXIETY, DEPRESSION, OR ANY COMBINATION OF SUCH  CONDI-
   18  TIONS; OR
   19    (E)  NEW ONSET DISEASES RESULTING FROM EXPOSURE AS SUCH DISEASES OCCUR
   20  IN THE FUTURE INCLUDING CANCER, CHRONIC OBSTRUCTIVE  PULMONARY  DISEASE,
   21  ASBESTOS-RELATED DISEASE, HEAVY METAL POISONING, MUSCULOSKELETAL DISEASE
   22  AND CHRONIC PSYCHOLOGICAL DISEASE.
   23    S  11.  Section  162  of  the workers' compensation law, as amended by
   24  chapter 489 of the laws of 2008, is amended to read as follows:
   25    S 162. Registration of participation in  World  Trade  Center  rescue,
   26  recovery  and  clean-up  operations. In order for the claim of a partic-
   27  ipant in World Trade Center rescue, recovery and clean-up operations  to
   28  come  within the application of this article, such participant must file
   29  a written and sworn statement with the board on a  form  promulgated  by
   30  the  chair  indicating the dates and locations of such participation and
   31  the name of such participant's employer during  the  period  of  partic-
   32  ipation. Such statement must be filed not later than September eleventh,
   33  two  thousand  [ten] FOURTEEN.   The board shall transmit a copy of such
   34  statement to the employer or carrier named therein. The filing of such a
   35  statement shall not be considered the filing of  a  claim  for  benefits
   36  under this chapter.
   37    S  12. Section 165 of the workers' compensation law, as added by chap-
   38  ter 446 of the laws of 2006, is amended to read as follows:
   39    S 165. Reopening of disallowed claims. The  board,  upon  receiving  a
   40  statement  duly filed as required under section one hundred sixty-two of
   41  this article, from a participant in World Trade Center rescue,  recovery
   42  and  clean-up  operations for a qualifying condition that was disallowed
   43  as barred by section eighteen or section twenty-eight of this chapter OR
   44  BY SECTION ONE HUNDRED SIXTY-TWO OF THIS ARTICLE FOR FAILURE TO REGISTER
   45  TIMELY shall reopen and redetermine such claim in  accordance  with  the
   46  provisions  of this article, provided that no such previously disallowed
   47  claim for a qualifying condition shall be determined to have a  date  of
   48  disablement  that  would bar the claim under section eighteen or section
   49  twenty-eight of this chapter.
   50    S 13. Section 168 of the workers' compensation law, as added by  chap-
   51  ter 489 of the laws of 2008, is amended to read as follows:
   52    S  168.  Additional period for filing certain claims.  1. A claim by a
   53  participant in the World Trade Center rescue, recovery or cleanup  oper-
   54  ations  whose disablement occurred between September eleventh, two thou-
   55  sand three, and September eleventh, two thousand  eight,  shall  not  be
   56  disallowed as barred by section eighteen or section twenty-eight of this
       A. 7803--A                         18

    1  chapter  if such claim is filed on or before September eleven, two thou-
    2  sand ten. Any such claim by a participant  in  the  World  Trade  Center
    3  rescue,  recovery  or  cleanup  operations  whose  disablement  occurred
    4  between  September eleventh, two thousand three, and September eleventh,
    5  two thousand eight, and was disallowed by section  eighteen  or  twenty-
    6  eight of this chapter shall be reconsidered by the board.
    7    2. A CLAIM BY A PARTICIPANT IN THE WORLD TRADE CENTER RESCUE, RECOVERY
    8  OR  CLEANUP  OPERATIONS  WHOSE  DISABLEMENT  OCCURRED  BETWEEN SEPTEMBER
    9  TWELFTH, TWO  THOUSAND  EIGHT,  AND  SEPTEMBER  ELEVENTH,  TWO  THOUSAND
   10  TWELVE, SHALL NOT BE DISALLOWED AS BARRED BY SECTION EIGHTEEN OR SECTION
   11  TWENTY-EIGHT OF THIS CHAPTER IF SUCH CLAIM IS FILED ON OR BEFORE SEPTEM-
   12  BER  ELEVENTH, TWO THOUSAND FOURTEEN. ANY SUCH CLAIM BY A PARTICIPANT IN
   13  THE WORLD TRADE CENTER RESCUE,  RECOVERY  OR  CLEANUP  OPERATIONS  WHOSE
   14  DISABLEMENT OCCURRED BETWEEN SEPTEMBER ELEVENTH, TWO THOUSAND EIGHT, AND
   15  SEPTEMBER  ELEVENTH,  TWO THOUSAND TWELVE, AND WAS DISALLOWED BY SECTION
   16  EIGHTEEN OR TWENTY-EIGHT OF THIS CHAPTER SHALL BE  RECONSIDERED  BY  THE
   17  BOARD.
   18    S  14.  Paragraph (a) of subdivision 36 of section 2 of the retirement
   19  and social security law, as added by chapter 489 of the laws of 2008, is
   20  amended to read as follows:
   21    (a) "Qualifying World Trade Center condition" shall mean a  qualifying
   22  condition  or  impairment  of health resulting in disability to a member
   23  who participated in World Trade Center rescue, recovery or cleanup oper-
   24  ations for a qualifying  period,  as  those  terms  are  defined  below,
   25  provided  the  following  conditions  have been met: (i) such member, or
   26  eligible beneficiary in the case of the member's death, must have  filed
   27  a  written  and sworn statement with the member's retirement system on a
   28  form provided  by  such  system  indicating  the  underlying  dates  and
   29  locations  of employment not later than September eleventh, two thousand
   30  ten, OR ANY LATER DATE AS HEREINAFTER PROVIDED IN  THIS  PARAGRAPH;  and
   31  (ii)  such  member has either successfully passed a physical examination
   32  for entry into public service, or authorized  release  of  all  relevant
   33  medical  records,  if  the member did not undergo a physical examination
   34  for entry into public service; and (iii) there is  no  evidence  of  the
   35  qualifying  condition  or impairment of health that formed the basis for
   36  the disability in  such  physical  examination  for  entry  into  public
   37  service or in the relevant medical records, prior to September eleventh,
   38  two  thousand one. THE DEADLINE FOR FILING A WRITTEN AND SWORN STATEMENT
   39  REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH  IS  HEREBY  EXTENDED  TO
   40  SEPTEMBER  ELEVENTH,  TWO THOUSAND FOURTEEN FOR SUCH MEMBER, OR ELIGIBLE
   41  BENEFICIARY IN THE CASE OF THE MEMBER'S DEATH,  OF  A  LOCAL  RETIREMENT
   42  SYSTEM  OF  A  CITY  WITH  A  POPULATION  OF ONE MILLION OR MORE THAT IS
   43  COVERED BY SECTION 13-551 OF THE ADMINISTRATIVE CODE OF THE CITY OF  NEW
   44  YORK,  OR  BY  SECTION TWENTY-FIVE HUNDRED SEVENTY-FIVE OF THE EDUCATION
   45  LAW AND FOR SUCH MEMBER WHO SEPARATED FROM SERVICE WITH  VESTED  RIGHTS,
   46  OR  ELIGIBLE  BENEFICIARY OF SUCH MEMBER WHO SEPARATED FROM SERVICE WITH
   47  VESTED RIGHTS IN THE CASE OF THE MEMBER'S  DEATH,  OF  LOCAL  RETIREMENT
   48  SYSTEMS  OF  A  CITY  WITH  A  POPULATION OF ONE MILLION OR MORE WHO ARE
   49  COVERED BY SECTIONS 13-168, 13-252.1 AND 13-353.1 OF THE  ADMINISTRATIVE
   50  CODE  OF  THE  CITY  OF  NEW YORK AND SECTIONS FIVE HUNDRED SEVEN-C, SIX
   51  HUNDRED FIVE-B, SIX HUNDRED FIVE-C, AND  SIX  HUNDRED  SEVEN-B  OF  THIS
   52  CHAPTER.  EVERY RETIREMENT SYSTEM SHALL KEEP A COPY OF EVERY WRITTEN AND
   53  SWORN STATEMENT THAT IS PRESENTED FOR FILING NOT  LATER  THAN  SEPTEMBER
   54  ELEVENTH,  TWO  THOUSAND FOURTEEN, INCLUDING THOSE THAT ARE REJECTED FOR
   55  FILING AS UNTIMELY.
       A. 7803--A                         19

    1    S 15. This act shall take effect immediately and shall  be  deemed  to
    2  have  been  in  full  force  and effect on and after September 11, 2001;
    3  provided, however, that the amendments to sections 161, 162, 165 and 168
    4  of the workers' compensation law made by sections  ten,  eleven,  twelve
    5  and  thirteen  of  this  act,  respectively, shall apply to all open and
    6  closed claims coming within its purview.
         FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
         PROVISIONS OF PROPOSED LEGISLATION: With respect the the New York city
       Retirement Systems  ("NYCRS"),  the  proposed  legislation  would  amend
       Administrative  Code  of  the City of New York ("ACNY") Sections 13-551,
       13-168, 13-525.1 and 13-353.1, Education Law  Section  2575,  Retirement
       and  Social  Security  Law  ("RSSL") Sections 2, 507-c, 605-b, 605-c and
       607-b, and Workers' Compensation Law Sections 161,162, 165  and  168  to
       extend  the  provisions of the World Trade Center ("WTC") Disability Law
       to certain members who participated in the Rescue, Recovery or  Clean-up
       operations  related  to  the WTC attack on September 11, 2001 and expand
       certain provisions of the Workers'  Compensation  Law  relating  to  the
       deadline  for  filing a registration of participation in the WTC Rescue,
       Recovery or  Clean-up  operations,  the  additional  period  for  filing
       certain WTC-related claims and the reconsideration of certain disallowed
       WTC-related claims.
         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 WTC Disability Law was enacted under Chapter 104 of  the  Laws  of
       2005,  and was amended by Chapter 93 of the laws of 2005, Chapter 102 of
       the Laws of 2006, Chapter 444 of the Laws of 2006, Chapter  445  of  the
       Laws  of 2006, Chapter 5 of the Laws of 2007, Chapter 214 of the Laws of
       2007, Chapter 495 of the Laws of 2007, Chapter 489 of the Laws  of  2008
       and Chapter 361 of the Laws of 2010.
         The  Effective  Date of this proposed Legislation would be retroactive
       to September 11, 2001.
         BENEFITS UNDER EXISTING WTC-RELATED PROVISIONS
         ACCIDENTAL DISABILITY RETIREMENT BENEFITS
         With respect to the NYCRS, under  current  law,  active,  retired  and
       vested  groups  covered  by  the WTC Disability Law could potentially be
       eligible for WTC-related benefits ("WTC Potential Recipients").
         If an active,  retired  or  vested  WTC  Potential  Recipient  becomes
       partially  or  totally disabled due to a WTC-Related Malady, such condi-
       tion or impairment of health incurred by the member would be  considered
       presumptive  evidence  that  it was sustained in the line-of-duty as the
       result of an accident unless the contrary can  be  proven  by  competent
       evidence.
         Once  such  member's  application  is approved by the respective NYCRS
       Medical Board and the respective NYCRS Board of Trustees  ("BOT"),  then
       such  member  would  be entitled to the applicable Accidental Disability
       Retirement ("ADR") Benefit ("ACCDIS") that is payable for  a  member  in
       such NYCRS at such tier and based upon a respective job title, if appli-
       cable. Such ACCDIS are generally subject to the offset from any Workers'
       Compensation benefits payable.
         Under  current  law,  if an active WTC Potential Recipient who retires
       initially for Service Retirement ("SERV"), Ordinary  Disability  Retire-
       ment ("ODR"), Accidental Disability Retirement ("ADR") or Performance of
       Duty  Disability  Retirement ("PODR") becomes partially or totally disa-
       A. 7803--A                         20

       bled due to a WTC-Related Malady, then such WTC-Related Malady would  be
       considered presumptive evidence that it was incurred in the line-of-duty
       as the result of an accident.
         Such retiree would be permitted to apply with the respective NYCRS for
       a reclassification of  his retirement to a World Trade Center Accidental
       Disability  Retirement  ("WTC-ADR"). Upon the approval of the respective
       NYCRS Medical Board and the respective NYCRS BOT, such retiree would  be
       entitled  to receive an ACCDIS, based on the salaries and service at the
       initial retirement date and determined under the respective NYCRS, paya-
       ble from the date of reclassification. There would be no change  in  the
       optional form of payment elected at the initial retirement date.
         ACCIDENTAL DEATH BENEFITS
         With  respect  to  the NYCRS under current law, beneficiaries of those
       WTC Potential Recipients who die either while actively employed or while
       on an approved leave of absence and whose cause of death originated from
       a WTC qualifying condition or impairment of health may  apply  with  the
       respective  NYCRS  within  the  applicable  filing window for Accidental
       Death Benefits ("ACCDTH").
         In addition, if such deceased NYCRS members are in any of the  follow-
       ing groups:
         * POLICE,
         * FIRE,
         * NYCERS in certain Triborough Bridge and Tunnel Authority job titles,
         * NYCERS in certain Uniformed Department of Corrections job titles, or
         * NYCERS in certain Emergency Medical Technician ("EMT") job titles
       then  such  deceased  member's beneficiaries could also be entitled to a
       Special Accidental Death Benefit ("SADB") provided under General Munici-
       pal Law ("GML") Section 208-f. Such  SADB  is  generally  based  on  the
       member's  salary  at  the  date of death, reduced by the ACCDTH benefits
       payable and any Social Security and Workers'  Compensation  death  bene-
       fits. SADB is subject to annual cost-of-living increases.
         Under  current  law,  the  beneficiaries of those active WTC Potential
       Recipients who retire for Service,  Ordinary  Disability  Retirement  or
       Accidental  Disability  Retirement  and die, whose cause of death origi-
       nated from a WTC qualified condition or impairment  of  health  and  who
       have not been retired for more than 25 years, may apply with the respec-
       tive  NYCRS within the applicable filing period for receipt of an ACCDTH
       and SADB, if eligible. Once such application is approved by the  respec-
       tive  NYCRS  Medical  Board and respective NYCRS BOT, such beneficiaries
       would be entitled to the applicable benefits from the date of death.
         To receive the ACCDTH, beneficiaries must relinquish their  rights  to
       any  death  benefits  that  would  have otherwise been payable under the
       retiree's initial form of payment election.
         These ACCDTH would replace the existent death benefits that are avail-
       able for active, inactive and retired NYCRS members based on NYCRS, Tier
       and job title, if applicable.
         IMPACT OF PROPOSED LEGISLATION ON WTC  ELIGIBILITY  PROVISIONS:  Under
       current law, a WTC Potential Recipient must have registered by September
       11,  2010  in order to ever become eligible to qualify for WTC ACCDIS or
       WTC ACCDTH.
         Under the proposed legislation, if enacted, the deadline for register-
       ing for WTC ACCDIS or WTC ACCDTH would be extended to September 11, 2014
       only for the Covered Groups, later defined.
         IMPACT OF PROPOSED LEGISLATION ON WORKERS' COMPENSATION BENEFITS:  The
       proposed legislation, if enacted, would:
       A. 7803--A                         21

         1. Extend the period for filing statements of participation in the WTC
       Rescue,  Recovery  or  Clean-up  operations  from  September 11, 2010 to
       September 11, 2014 under the Workers' Compensation Law
         2.  Extend  the  deadline  for filing claims for Workers' Compensation
       benefits for a WTC-related disablement that occurred  between  September
       12, 2008 and September 11, 2012 to September 11, 2014
         3.  Provide that any such claim for Workers' Compensation benefits for
       a WTC-related disablement that occurred between September 12,  2008  and
       September  11, 2012 that was previously disallowed for failure to regis-
       ter timely would be reconsidered
         COVERED GROUPS UNDER PROPOSED LEGISLATION: With respect to the  NYCRS,
       the  proposed legislation would expand coverage under the WTC Disability
       Law to certain groups ("Covered Groups"), provided they satisfy  certain
       qualifying WTC conditions.
         These Covered Groups are as follows:
         * Active, vested and retired members in NYCTRS in Tiers I and II
         * Active, vested and retired members in BERS in Tiers I and II
         * Vested members in NYCERS in Tiers I and II
         * Vested members in POLICE in Tiers I and II
         * Vested members in FIRE in Tiers I and II
         * Vested Uniformed Corrections members in NYCERS in Tier III
         * Vested Uniformed Sanitation members in NYCERS in Tier IV
         * Vested Deputy Sheriff members in NYCERS in Tier IV and Tier VI
         * Vested EMT members in NYCERS in Tier IV and Tier VI
         WTC  DISABILITY  LAW  PROVISIONS APPLYING TO THE COVERED GROUP: All of
       the WTC Disability Law provisions would  apply  to  the  Covered  Group.
       However,  the  Special  Accidental  Death  Benefits  provided  under GML
       Section 208-f to certain groups would not apply.
         ESTIMATED FINANCIAL IMPACT OF PRIOR FISCAL NOTE 2008-09:  Fiscal  Note
       2008-09,  dated  June  18, 2008, which estimated the financial impact of
       proposed legislation LBDC #12080-02-8, enacted as  Chapter  489  of  the
       Laws  of 2008 to expand the coverage of the WTC Disability Law, included
       the  estimated  financial  impact  attributed  to  the  Covered   Groups
       described  above based upon the Actuary's understanding of the intent of
       the recommendations of the September 11 Worker  Protection  Task  Force,
       rather than adhering to the strict draft wording of proposed legislation
       LBDC #120870-02-8.
         Accordingly,  the  estimated  financial  impact of the proposed legis-
       lation (denoted by Verison date (6/7/12)  was  based  on  the  financial
       impact  of these Covered Groups that was previously determined in Fiscal
       Note 2008-09, adjusted for the passage of time using  actuarial  princi-
       ples  and  to  reflect  the  demographic actuarial assumptions that were
       adopted by the Board of Trustees of each NYCRS during Fiscal  Year  2012
       and  the  Actuarial  Interest Rate assumption of 7.0% per annum that was
       enacted by the New York State Legislature and Governor as Chapter  3  of
       the Laws of 2013 ("Chapter 3/13").
         It  is assumed that the estimated financial impact would be de minimis
       for:
         (1) Extending the deadline for registering  for  WTC  ACCDIS  and  WTC
       ACCDTH  to  September  11, 2014 only for the Covered Groups as described
       under COVERED GROUPS UNDER PROPOSED LEGISLATION section of  this  Fiscal
       Note,
         (2)  Extending  the  deadline from September 11, 2010 to September 11,
       2014 for filing a registration  of  participation  in  the  WTC  Rescue,
       Recovery and Clean-up operations under the Workers' Compensation Law,
       A. 7803--A                         22

         (3) Extending the deadline for filing claims for Workers' Compensation
       benefits  for  a WTC-related disablement that occurred between September
       12, 2008 and September 11, 2012 to September 11, 2014, and
         (4)  Providing  that any such claim for Workers' Compensation benefits
       for a WTC-related disablement that occurred between September  12,  2008
       and  September  11,  2012  that was previously disallowed for failure to
       register timely would be reconsidered.
         ADDITIONAL ACTUARIAL PRESENT VALUE OF  BENEFITS  AND  EMPLOYER  COSTS:
       Under the proposed legislation, the estimated additional Actuarial Pres-
       ent  Value of Benefits ("APVB") and employer costs for each of the NYCRS
       are shown in the following table.

                      INCREASES IN APVB AND ANNUAL EMPLOYER COST
                      OF INCLUDING CERTAIN RECOMMENDATIONS OF THE
                       SEPTEMBER 11 WORKER PROTECTION TASK FORCE
                                FOR CERTAIN MEMBERS OF
                        NYCERS, NYCTRS, BERS, POLICE AND FIRE*

                                     ($ Millions)

       ITEM      NYCERS    NYCTRS    BERS      POLICE    FIRE      TOTAL
       Increase  $1.8      $2.1      **        $0.6      $0.1      $4.6
       in APVB

       Increase
       in Annual
       Employer
       Costs***  $0.6      $0.7      **        $0.2      **        $1.5

         *The increase in APVB and in Annual Employer Costs for  these  Covered
       Groups  was included in the financial impact of Fiscal Note 2008-09. The
       results included in Fiscal Note 2008-09 have been adjusted using actuar-
       ial principles and reflect the demographic  actuarial  assumptions  that
       were  adopted  by the Board of Trustees of each NYCRS during Fiscal Year
       2012 and the Actuarial Interest Rate assumption of 7.0% per  annum  that
       was  enacted  by  the New York State Legislature and Governor as Chapter
       3/13 to arrive at the results shown above.
         It is assumed that the estimated financial impact would be de  minimis
       for:
         1.  Extending  the  deadline  for  registering  for WTC ACCDIS and WTC
       ACCDTH to September 11, 2014 only for Covered Groups under the  proposed
       legislation,
         2.  Extending  the  deadline  from September 11, 2010 to September 11,
       2014 for filing a registration  of  participation  in  the  WTC  Rescue,
       Recovery and Clean-up operations under the Workers' Compensation Law,
         3.  Extending the deadline to September 11, 2014 for filing claims for
       Workers'  Compensation  benefits  for  a  WTC-related  disablement  that
       occured between September 12, 2008 and September 11, 2012, and
         4.  Providing  that  any such claim for Workers' Comepnsation benefits
       for a WTC-related disablement that occured between  September  12,  2008
       and  September  11,  2012  that was previously disallowed for failure to
       register timely would be reconsidered.
         For purposes of this Fiscal Note, the Actuary has assumed that reclas-
       sification of certain retired members to WTC-Related Accidental Disabil-
       ity Retirement from Service Retirement or Ordinary Disability Retirement
       A. 7803--A                         23

       would result in changes in benefits, prospectively only from the date of
       reclassification.
         ** Less than $50,000.
         ***  Assumes that Net Increases in APV of Future Employer Normal Costs
       are financed over the average remaining  working  lifetimes  of  members
       impacted  by  the  benefit  changes  which has been estimated to be five
       years.
         ADDITIONAL EMPLOYER CONTRIBUTIONS - GENERAL: In general, the real cost
       of the enactment of this proposed legislation would  be  the  additional
       benefits paid.
         However,  the  timing  and amount of additional employer contributions
       attributable to the enactment of this proposed legislation  will  depend
       primarily upon five factors:
         *  The point in time when the Actuary revises actuarial assumptions to
       reflect whether certain active members who  now  would  be  expected  to
       receive  Service  Retirement  benefits,  Ordinary  Disability Retirement
       benefits, or Accidental Disability  Retirement  benefits  would  in  the
       future  be eligible for World Trade Center Accidental Disability Retire-
       ment and/or Accidental Death benefits.
         *  The point in time at which the Actuary  revises  actuarial  assump-
       tions  to  reflect  possible,  further, increased expectations for Acci-
       dental Disability Retirements.
         * The points in time after retirement when diseases deemed to be disa-
       bling and attributable to WTC-related activities could result in reclas-
       sification of Service Retirements, Ordinary Disability  Retirements,  or
       Accidental Disability Retirements to World Trade Center Accidental Disa-
       bility Retirements.
         *  The points in time after retirement subsequent to reclassification,
       or  in  the  application process, to a WTC-Related Accidental Disability
       Retirement which could result in Accidental  Death  from  a  WTC-Related
       Malady.
         * The impact on employer contributions of any actuarial gains or loss-
       es  attributable  to  additional  Accidental  Disability Retirements and
       Accidental Deaths.
         ADDITIONAL EMPLOYER CONTRIBUTIONS  -  FISCAL  YEARS  2013  AND  LATER:
       Assuming  that  this  proposed legislation is enacted during the current
       Legislative Session on or before June 30, 2013 or after  June  30,  2013
       and  on  or  before  June  30, 2014, then the enactment of this proposed
       legislation  would  increase  annual  employer  contributions  beginning
       Fiscal Year 2014 as follows:
         * To NYCERS by approximately $0.6 million and by a comparable percent-
       age of payroll thereafter,
         * To NYCTRS by approximately $0.7 million and by a comparable percent-
       age of payroll thereafter,
         *  To  BERS  by  approximately  less  than $50,000 and by a comparable
       percentage of payroll thereafter,
         * To POLICE by approximately $0.2 million and by a comparable percent-
       age of payroll thereafter, and
         * To FIRE by approximately less  than  $50,000  and  by  a  comparable
       percentage of payroll thereafter.
         These  employer contributions were included in the financial impact of
       Fiscal Note 2008-09 and have been adjusted  using  actuarial  principles
       and  reflect  the demographic actuarial assumptions that were adopted by
       the Board of Trustees of each NYCRS during  Fiscal  Year  2012  and  the
       Actuarial Interest Rate assumption of 7.0% per annum that was enacted by
       A. 7803--A                         24

       the New York State Legislature and Governor as Chapter 3/13 to arrive at
       the results shown above.
         In  accordance with ACNY Section 13.638.2(k-2), new Unfunded Actuarial
       Accrued Liability ("UAAL") attributable to benefit  changes  are  to  be
       amortized  as determined by the Actuary but generally over the remaining
       working lifetimes of those impacted by the  benefit  changes.  For  this
       proposed legislation, the Actuary has estimated that the remaining work-
       ing  lifetime  of  those impacted to be five years. Using this approach,
       the additional UAAL would be amortized over  a  five-year  period  (four
       payments under One-Year Lag Methodology) using level dollar payments.
         UNMEASURED  ADDITIONAL  COSTS:  The additional APVB and employer costs
       and contributions attributable to additional World  Trade  Center  Acci-
       dental  Disability  Retirements and World Trade Center Accidental Deaths
       shown herein are based only upon using  the  actuarial  assumptions  and
       methods described herein.
         1. The protections afforded under the provisions of the WTC Disability
       Law to the Covered Groups described in the COVERED GROUPS UNDER PROPOSED
       LEGISLATION section of this Fiscal Note,
         2.  The  extension of the deadline for registering for WTC ACCDIS, and
       WTC ACCDTH benefits from September 11, 2010 to September 11,  2014  only
       for the Covered Groups under the proposed legislation,
         3.  The extension of the deadline from September 11, 2010 to September
       11, 2014 for filing a registration of participation in the  WTC  Rescue,
       Recovery and Clean-up operations under the Worker's Compensation Law,
         4.  The  extension  of  the  deadline to September 11, 2014 for filing
       claims  for  Workers'  Compensation  benefits  for  a  disablement  that
       occurred between September 12, 2008 and September 11, 2012, and
         5.  Providing  that  any such claim for Workers' Compensation benefits
       for a disablement that occurred between September 12, 2008 and September
       11, 2012 that was previously disallowed for failure to  register  timely
       would be reconsidered.
         As  noted  earlier,  the  estimated financial impact for the preceding
       items 2, 3, 4 and 5 is assumed to be de minimis.
         Additional APVB and employer costs attributable to any benefits  other
       than those described herein have not been estimated.
         No  estimate  has  been made for non-vested, terminated members or for
       other possible WTC Potential Recipients who are  not  currently  partic-
       ipants in the NYCRS.
         No  estimate  has  been  made  for  the possible, initial reduction in
       payroll costs due to Additional  Disability  Retirements  or  Additional
       Deaths.
         No  estimate has been made for additional administrative expenses, for
       possible increases in  Workers'  Compensation  costs  or  for  expected,
       increased medical and insurance related costs.
         CENSUS  DATA:  With respect to the NYCRS, the calculation of estimated
       changes in APVB and changes in employer costs are in part based  on  the
       active  census data used in the June 30, 2007 (Lag) actuarial valuation,
       adjusted to June 30, 2012 in accordance with  the  actuarial  principles
       and  reflect  the demographic actuarial assumptions that were adopted by
       the Board of Trustees of each NYCRS during  Fiscal  Year  2012  and  the
       Actuarial Interest Rate assumption of 7.0% per annum that was enacted by
       the New York State Legislature and Governor as Chapter 3/13. Such census
       was adjusted for employees who were hired on or after September 13, 2002
       and, in general, are unlikely to be WTC Potential Recipients.
         In  addition,  the  calculation  of  estimated changes in the APVB and
       changes in employer costs are in  part  based  on  the  census  data  of
       A. 7803--A                         25

       retired  members  used  in  the June 30, 2007 (Lag) actuarial valuation,
       adjusted to June 30, 2012 in accordance with  actuarial  principles  and
       reflect  the  demographic actuarial assumptions that were adopted by the
       Board of Trustees of each NYCRS during Fiscal Year 2012 and the Actuari-
       al  Interest  Rate  assumption of 7.0% per annum that was enacted by the
       New York State Legislature and Governor as Chapter  3/13,  to  determine
       the  Fiscal Year 2012 and later employer contributions. Such census data
       includes post-September 11, 2001 retirees.
         Furthermore, based on the June 30, 2007 census information, terminated
       vested members between September 11, 2001 and June 30, 2007, adjusted to
       June 30, 2012 in accordance with actuarial principles and to reflect the
       demographic actuarial assumptions that were  adopted  by  the  Board  of
       Trustees  of each NYCRS during Fiscal Year 2012 and the Actuarial Inter-
       est Rate assumption on %7.0% per annum that was enacted by the New  York
       State  Legislature  and  Governor  as Chapter 3/13, were included to the
       extent that they were WTC Potential Recipients, could  become  incapaci-
       tated due to a WTC-Related Malady and reclassify as WTC-ADR.
         ACTUARIAL  ASSUMPTIONS  AND  METHODS: The additional APVB and employer
       costs and contributions have been  determined  based  on  the  actuarial
       assumptions and methods used in June 30, 2012 (Lag) actuarial valuations
       of NYCERS, NYCTRS, BERS, POLICE and FIRE.
         In  order  to  develop  an estimate of the increase in APVB for NYCTRS
       members, the following probabilities of reclassification to WTC-ADR were
       used at the ages shown:
                                         NYCRS
                           Reclassification to WTC-ADR FROM
                    AGE            SERV        ODR           ADR

                     60             2%          4%            4%
                     70             2%          4%            4%
                     80             2%          4%            4%
                     90             2%          4%            4%
         In addition, the  following  probabilities  of  reclassification  were
       assumed  at  the  date  of  SER,  ODR  and ADR, respectively, for active
       members:
                                          SERV 2%
                                           ODR 4%
                                           ADR 4%
         In order to develop an estimate of  the  increase  in  APVB  for  BERS
       members,  the  following  probabilities  or reclassifications to WTC-ADR
       were used at the ages shown:

                                          BERS
                           RECLASSIFICATION TO WTC-ADR FROM

                 AGE            SERV           ODR            ADR
                 60             2%             4%             4%
                 70             2%             4%             4%
                 80             2%             4%             4%
                 90             2%             4%             4%
       In  addition,  the  following  probabilities  of  reclassification  were
       assumed  at  the  date  of  SERV,  ODR and ADR, respectively, for active
       members:

                                SERV 2%
                                 ODR 4%
       A. 7803--A                         26

                                 ADR 4%

         It  has  also been assumed that Accidental Disability Retirees who die
       within 25 years of the initial retirement date would die from a  WTC-Re-
       lated Malady.
         Due  to limitations of time, resources and expected, limited impact on
       overall results, the following estimates were made relative to the  June
       30, 2007 (Lag) actuarial valuation, adjusted to June 30, 2012 in accord-
       ance  with  actuarial  principles  and reflect the demographic actuarial
       assumptions that were adopted by the Board of  Trustees  of  each  NYCRS
       during  Fiscal  Year  2012 and the Actuarial Interest Rate assumption of
       7.0% per annum that was enacted by the New York  State  Legislature  and
       Governor  as  Chapter  3/13  to determine the Fiscal Year 2012 and later
       employer contributions. In addition, for Terminated Vesteds,
         * APVB was developed as the ratio of the respective liability  to  the
       total liability of all active members.
         * APVB was adjusted to reflect both the difference in the magnitude of
       a  WTC-ACCDIS  relative to the SERV benefit otherwise payable and in the
       payability date of such benefits.
         In developing estimates of additional APVB upon reclassification after
       retirement, the increases in WTC-ADR benefits are assumed to be prospec-
       tive from the date of reclassification.
         Additionally, because the mortality expectation for an individual does
       not change just because that individual receives  a  different  type  of
       benefit,  the  measurement  of the increase in APVB for Service Retirees
       who reclassify as WTC-ADR has been calculated based on  post-disablement
       retirement mortality.
         ECONOMIC  VALUES OF BENEFITS: The actuarial assumptions used to deter-
       mine the financial impact of the proposed legislation discussed in  this
       Fiscal  Note  are those appropriate for budgetary models and determining
       annual employer contributions to the NYCRS.
         However, the economic assumptions (current and proposed) that are used
       for determining employer contributions  do  not  develop  risk-adjusted,
       economic  values  of  benefits.  Such  risk-adjusted, economic values of
       benefits would likely differ significantly from those developed  by  the
       budgetary models.
         STATEMENT  OF ACTUARIAL OPINION: I, Robert C. North, Jr., am the Chief
       Actuary for the New York City Retirement Systems. 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.
         FISCAL  NOTE  IDENTIFICATION:  This  estimate is intended for use only
       during the 2013 Legislative Session. It is Fiscal  Note  2013-13,  dated
       June  5,  2013,  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.
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