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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7803A
SPONSOR: Abbate 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 employ-
ees 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) reopen-
ing 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 Depart-
ment 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 Securi-
ty 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 Securi-
ty 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 Securi-
ty 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 Securi-
ty 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 Septem-
ber 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 acci-
dent, 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 regis-
tration 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, recov-
ery 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, recov-
ery 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 elimi-
nating 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 registra-
tions, 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. With-
out 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.
STATE OF NEW YORK
________________________________________________________________________
7803--A
2013-2014 Regular Sessions
IN ASSEMBLY
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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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.
