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A07803 Summary:

BILL NO    A07803A

SAME AS    SAME AS S05759-A

SPONSOR    Abbate

COSPNSR    

MLTSPNSR   

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

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

BILL NO    A07803A

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

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

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A07803 Memo:

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.
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A07803 Text:



 
                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.
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