Amd §§2, 363-bb & 605, R & SS L; amd §13-168, NYC Ad Cd
Allows for the electronic submission of a notice that a member of a retirement system participated in World Trade Center rescue, recovery or cleanup operations for a qualifying period.
STATE OF NEW YORK
________________________________________________________________________
6934--A
2021-2022 Regular Sessions
IN ASSEMBLY
April 13, 2021
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the retirement and social security law and the adminis-
trative code of the city of New York, in relation to allowing for the
electronic submission of a notice that a member of a retirement system
participated in World Trade Center rescue, recovery or cleanup oper-
ations for a qualifying period
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 36 of section 2 of the retire-
2 ment and social security law, as amended by chapter 266 of the laws of
3 2018, is amended to read as follows:
4 (a) "Qualifying World Trade Center condition" shall mean a qualifying
5 condition or impairment of health resulting in disability to a member
6 who participated in World Trade Center rescue, recovery or cleanup oper-
7 ations for a qualifying period, as those terms are defined below,
8 provided the following conditions have been met: (i) such member, or
9 eligible beneficiary in the case of the member's death, must have either
10 filed a written and sworn statement with the member's retirement system
11 on a form provided by such system, or as allowed by the member's retire-
12 ment system, electronically submitted a statement on a form provided by
13 such system through a secure online portal maintained by the member's
14 retirement system that has duly validated the member's identity, indi-
15 cating the underlying dates and locations of employment not later than
16 September eleventh, two thousand twenty-two, and (ii) such member has
17 either successfully passed a physical examination for entry into public
18 service, or authorized release of all relevant medical records, if the
19 member did not undergo a physical examination for entry into public
20 service; and (iii) there is no evidence of the qualifying condition or
21 impairment of health that formed the basis for the disability in such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08579-06-1
A. 6934--A 2
1 physical examination for entry into public service or in the relevant
2 medical records, prior to September eleventh, two thousand one except
3 for such member, or eligible beneficiary in the case of the member's
4 death, of a local retirement system of a city with a population of one
5 million or more that is covered by section 13-551 of the administrative
6 code of the city of New York, or by section twenty-five hundred seven-
7 ty-five of the education law and for such member who separated from
8 service with vested rights, or eligible beneficiary of such member who
9 separated from service with vested rights in the case of the member's
10 death, of a local retirement system of a city with a population of one
11 million or more who are covered by sections 13-168, 13-252.1 or 13-353.1
12 of the administrative code of the city of New York or sections five
13 hundred seven-c, six hundred five-b, six hundred five-c, or six hundred
14 seven-b of this chapter. The deadline for filing a written and sworn
15 statement required by subparagraph (i) of this paragraph shall be
16 September eleventh, two thousand twenty-two for such member, or eligible
17 beneficiary in the case of the member's death, of a local retirement
18 system of a city with a population of one million or more that is
19 covered by section 13-551 of the administrative code of the city of New
20 York, or by section twenty-five hundred seventy-five of the education
21 law and for such member who separated from service with vested rights,
22 or eligible beneficiary of such member who separated from service with
23 vested rights in the case of the member's death, of a local retirement
24 system of a city with a population of one million or more who are
25 covered by sections 13-168, 13-252.1 or 13-353.1 of the administrative
26 code of the city of New York and sections five hundred seven-c, six
27 hundred five-b, six hundred five-c, or six hundred seven-b of this chap-
28 ter. Every retirement system shall keep a copy of every written and
29 sworn statement that is presented for filing not later than September
30 eleventh, two thousand twenty-two, including those that are rejected for
31 filing as untimely.
32 § 2. Subparagraph (e) of paragraph 1 and clause (i) of subparagraph
33 (b) of paragraph 2 of subdivision h of section 363-bb of the retirement
34 and social security law, as amended by chapter 495 of the laws of 2007,
35 are amended to read as follows:
36 (e) In order to be eligible for consideration for such presumption,
37 such member must file either a written and sworn statement with the
38 member's retirement system on a form provided by such system, or as
39 allowed by the member's retirement system, electronically submit a
40 statement on a form provided by such system through a secure online
41 portal maintained by the member's retirement system that has duly vali-
42 dated the member's identity, indicating the dates and locations of
43 employment. Such statement must be filed not later than four years
44 following the effective date of chapter one hundred four of the laws of
45 two thousand five.
46 (i) the member files either a written and sworn statement with the
47 member's retirement system on a form provided by such system, or as
48 allowed by the member's retirement system, electronically submits a
49 statement on a form provided by such system through a secure online
50 portal maintained by the member's retirement system that has duly vali-
51 dated the member's identity, indicating the dates and locations of
52 employment within four years following the effective date of chapter one
53 hundred four of the laws of two thousand five; and
54 § 3. Clause (i) of subparagraph (b) of paragraph 2 of subdivision h of
55 section 605 of the retirement and social security law, as amended by
56 chapter 489 of the laws of 2008, is amended to read as follows:
A. 6934--A 3
1 (i) the member files either a written and sworn statement with the
2 member's retirement system on a form provided by such system, or as
3 allowed by the member's retirement system, electronically submits a
4 statement on a form provided by such system through a secure online
5 portal maintained by the member's retirement system that has duly vali-
6 dated the member's identity, indicating the dates and locations of
7 employment within four years following the effective date of chapter one
8 hundred four of the laws of two thousand five; and
9 § 4. Paragraph a of section 13-168 of the administrative code of the
10 city of New York, as amended by chapter 489 of the laws of 2008, is
11 amended to read as follows:
12 a. Medical examination of a member in city-service for accident disa-
13 bility and investigation of all statements and certifications by him or
14 her or on his or her behalf in connection therewith shall be made upon
15 the application of the head of the agency in which the member is
16 employed, or upon the application of a member or of a person acting in
17 his or her behalf, either in writing or, as allowed by the member's
18 retirement system, electronically submitted on a form provided by such
19 system through a secure online portal maintained by the member's retire-
20 ment system that has duly validated the member's identity, stating that
21 such member is physically or mentally incapacitated for the performance
22 of city-service, as a natural and proximate result of such city-service,
23 and certifying the time, place and conditions of such city-service
24 performed by such member resulting in such alleged disability and that
25 such alleged disability was not the result of wilful negligence on the
26 part of such member and that such member should, therefore, be retired.
27 Such application shall be filed within two years from the happening of
28 such accident, except, however, that such requirement as to time of
29 filing shall not apply to any such application which (1) is filed by or
30 with respect to a member who is a member of the uniformed force of the
31 department of sanitation (as such force is defined in subdivision a of
32 section 13-154 of this chapter) and is based on an accident occurring
33 wholly on or after July first, nineteen hundred sixty-three, or (2) if
34 filed by a vested member incapacitated as a result of a qualifying World
35 [trade] Trade Center condition as defined in section two of the retire-
36 ment and social security law. If such medical examination and investi-
37 gation shows that any member, by whom or with respect to whom an appli-
38 cation is filed under this section, is physically or mentally
39 incapacitated for the performance of city-service as a natural and prox-
40 imate result of an accidental injury received in such city-service while
41 a member, and that such disability was not the result of wilful negli-
42 gence on the part of such member and that such member should be retired,
43 the medical board shall so certify to the board stating the time, place
44 and conditions of such city-service performed by such member resulting
45 in such disability. The board shall review such certification with
46 respect to any issues other than the existence or non-existence of phys-
47 ical or mental incapacitation and shall determine the member's eligibil-
48 ity with respect to any such issues. Upon such certification by the
49 medical board of the member's physical or mental incapacitation and a
50 determination by the board finding the member otherwise eligible, such
51 member shall be retired for accident disability effective the date the
52 application is filed or the date immediately following the last date the
53 member was on the payroll, whichever is later.
54 § 5. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
A. 6934--A 4
This bill would authorize a retirement system to make available the
option for a member, or eligible beneficiary in the case of a member's
death, to electronically submit a statement through a secure online
portal maintained by the member's retirement system indicating that the
member participated in World Trade Center rescue, recovery or cleanup
operations for a qualifying period.
Insofar as this bill affects the New York State and Local Retirement
System (NYSLRS), certain technology upgrades would be necessary to
expand current functionality of the online portal, generating additional
administrative costs to implement the provisions of this legislation
should NYSLRS make this electronic filing option available to members.
Summary of relevant resources:
Membership data as of March 31, 2020 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2020 actuari-
al valuation. Distributions and other statistics can be found in the
2020 Report of the Actuary and the 2020 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2020
Annual Report to the Comptroller on Actuarial Assumptions, and the
Codes, Rules and Regulations of the State of New York: Audit and
Control.
The Market Assets and GASB Disclosures are found in the March 31, 2020
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated March 31, 2021, and intended for use only during
the 2021 Legislative Session, is Fiscal Note No. 2021-67, prepared by
the Actuary for the New York State and Local Retirement System.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill (bill A6934) would amend subdivision h of Section 605 of the
Retirement and Social Security Law to allow the New York State Teachers'
Retirement System (NYSTRS) to make available the option for a member, or
a member's beneficiary, to electronically submit a statement on a form
provided by NYSTRS through a secure online portal maintained by NYSTRS
indicating such member participated in the World Trade Center rescue,
recovery or cleanup operations during a qualifying period. Currently, a
member or beneficiary must file a paper form provided by NYSTRS to indi-
cate their participation in the World Trade Center rescue, recovery or
cleanup operations during a qualifying period.
The annual cost to the employers of members of the New York State
Teachers' Retirement System is estimated to be negligible if this bill
is enacted.
Member data is from the System's most recent actuarial valuation
files, consisting of data provided by the employers to the Retirement
System. Data distributions and statistics can be found in the System's
Annual Report. System assets are as reported in the System's financial
statements, and can also be found in the System's Annual Report. Actu-
arial assumptions and methods are provided in the System's Actuarial
Valuation Report.
The source of this estimate is Fiscal Note 2021-50 dated May 12, 2021
prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2021 Legislative Session.
A. 6934--A 5
I, Richard A. Young, am the Actuary for the New York State Teachers'
Retirement System. I am a member of the American Academy of Actuaries
and I meet the Qualification Standards of the American Academy of Actu-
aries to render the actuarial opinion contained herein.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY OF BILL: This proposed legislation, as it relates to the New
York City Retirement Systems and Pension Funds (NYCRS)1, would, among
other things, amend provisions of the Retirement and Social Security Law
(RSSL) and the Administrative Code of the City of New York to permit
certain NYCRS members to file a World Trade Center (WTC) Notice of
Participation electronically2. The electronic filing would provide an
alternative mechanism to the current written and sworn Notice of Partic-
ipation filing.
EFFECTIVE DATE: Upon enactment.
BACKGROUND: Currently, in order to be eligible for WTC benefits,
members must file a written and sworn WTC Notice of Participation state-
ment with their respective retirement system on a form provided by such
system within the permitted time deadline.
The proposed legislation would allow a member to electronically submit
a WTC Notice of Participation through a secure online portal maintained
by the member's retirement system that has duly validated the member's
identity.
IMPACT ON BENEFITS: If enacted, this proposed legislation, to the
extent an electronic filing would not enable a Notice of Participation
to be submitted timely when a written sworn statement would be untimely,
would have no impact on benefits paid to members.
FINANCIAL IMPACT - ANNUAL EMPLOYER CONTRIBUTIONS: The Employer
Contribution for a fiscal year includes the amount of administrative
expenses paid during the second prior fiscal year adjusted with interest
to the current date. If enacted, this proposed legislation would
increase the amount of administrative expenses initially due to the cost
of setting up electronic submission capabilities but could potentially
have long term savings and therefore, the impact on annual Employer
Contribution will depend on the actual change in administrative
expenses. The actual increase or decrease in the Employer Contribution,
is expected to be de minimis.
ACTUARIAL ASSUMPTIONS AND METHODS: The interest rate for adjusting the
administrative expenses from the date paid out of NYCRS to the date the
Employer Contribution is received is 7%.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the realization of the actuarial assumptions used, as well as
certain demographic characteristics of NYCRS and other exogenous factors
such as investment, contribution, and other risks. If actual experience
deviates from actuarial assumptions, the actual costs could differ from
those presented herein. Costs are also dependent on the actuarial meth-
ods used, and therefore different actuarial methods could produce
different results. Quantifying these risks is beyond the scope of this
Fiscal Note.
STATEMENT OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief Actu-
ary for, and independent of, the New York City Retirement Systems and
Pension Funds. I am a Fellow of the Society of Actuaries, an Enrolled
Actuary under the Employee Retirement Income and Security Act of 1974, a
Member of the American Academy of Actuaries, and a Fellow of the Confer-
ence of Consulting Actuaries. I meet the Qualification Standards of the
American Academy of Actuaries to render the actuarial opinion contained
herein. To the best of my knowledge, the results contained herein have
A. 6934--A 6
been prepared in accordance with generally accepted actuarial principles
and procedures and with the Actuarial Standards of Practice issued by
the Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2021-20 dated April 22,
2021 was prepared by the Chief Actuary for the five New York City
Retirement Systems and Pension Funds. This estimate is intended for use
only during the 2021 Legislative Session.
