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A08792 Summary:

BILL NOA08792
 
SAME ASSAME AS S08135-A
 
SPONSORPheffer Amato
 
COSPNSR
 
MLTSPNSR
 
Amd §2, R & SS L
 
Provides WTC-related benefits to certain employees who worked at the Verrazano Bridge Toll Facility.
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A08792 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8792
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 5, 2025
                                       ___________
 
        Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
          Committee on Governmental Employees
 
        AN ACT to amend the retirement and social security law, in  relation  to
          providing  WTC-related benefits to certain employees who worked at the
          Verrazano Bridge Toll Facility

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (e) of subdivision 36 of section 2 of the retire-
     2  ment  and  social security law, as amended by chapter 424 of the laws of
     3  2021, is amended to read as follows:
     4    (e) "Participated in World Trade Center rescue,  recovery  or  cleanup
     5  operations"  shall  mean any member who: (i) participated in the rescue,
     6  recovery, or cleanup operations at  the  World  Trade  Center  site,  as
     7  defined  in  paragraph (f) of this subdivision; (ii) worked at the Fresh
     8  Kills Land Fill in New York; (iii) worked at the New York city morgue or
     9  the temporary morgue on pier locations on the west  side  of  Manhattan;
    10  (iv)  manned the barges between the west side of Manhattan and the Fresh
    11  Kills Land Fill in New York;  (v)  repaired,  cleaned  or  rehabilitated
    12  vehicles or equipment, including emergency vehicle radio equipment owned
    13  by  the  city  of New York that were contaminated by debris in the World
    14  Trade Center site, as defined in  paragraph  (f)  of  this  subdivision,
    15  regardless of whether the work on the repair, cleaning or rehabilitation
    16  of  said  vehicles  and  equipment  was performed within the World Trade
    17  Center site, provided such work was performed prior  to  decontamination
    18  of such vehicles or equipment; [or] (vi) worked in the following depart-
    19  ments,  worksites  and titles: (A) New York City Police Department at 11
    20  Metrotec Center in Brooklyn or 1 Police Plaza in Manhattan as  a  Police
    21  Communication  Technician (PCT), Supervisor Police Communication Techni-
    22  cian (SPCT), Principal  Police  Communication  Technician  I,  Principal
    23  Police Communication Technician II, Principal Police Communication Tech-
    24  nician  III,  Administrative  Manager - Communications, or in the Police
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02346-03-5

        A. 8792                             2
 
     1  Administrative Aide title series; (B) Fire Department of the City of New
     2  York at 35 Empire Boulevard  in  Brooklyn,  79th  Street  Transverse  in
     3  Manhattan,  83-98 Woodhaven Boulevard in Queens, 1129 East 180 Street in
     4  the  Bronx,  65  Slosson  Avenue  in Staten Island, 9 Metrotec Center in
     5  Brooklyn, or 25 Rockaway Avenue in Brooklyn as  Fire  Alarm  Dispatchers
     6  (FAD),  Supervising  Fire  Alarm  Dispatchers I (SFAD), Supervising Fire
     7  Alarm Dispatchers II (Borough Supervisor), Deputy  Director  &  Director
     8  Fire  Dispatch Operations, or Assistant Commissioner for Communications;
     9  (C) for the Fire Department of the City of New York's Emergency  Medical
    10  Service  at  1  or 9 Metrotec Centers in Brooklyn, or 55-30 58 Street in
    11  Maspeth Queens as Emergency Medical Specialist-Level I (EMT),  Emergency
    12  Medical  Specialist  Level II-(Paramedic), Supervising Emergency Medical
    13  Specialist Level I (LT), Supervising Emergency Medical Specialist  Level
    14  II  (Capt),  Deputy  Chief EMS Communications, or Division Commander EMS
    15  Communications; or (vii) worked at the Verrazano Bridge  Toll  Facility.
    16  For  purposes  of  this  paragraph, the term "member" shall include each
    17  person who during the qualifying period  was  in  the  employment  of  a
    18  public  employer  which then participated for such employees in a public
    19  retirement system in this state, irrespective of whether the person  was
    20  a  participant in such system at that time, provided that the person has
    21  become a participant in such retirement system and has purchased service
    22  credit for a period of time that includes some or all of the  qualifying
    23  period  in accordance with provisions of law applicable to such purchase
    24  of service credit.
    25    § 2. Notwithstanding any other provision of law to the contrary,  none
    26  of  the  provisions  of  this  act shall be subject to section 25 of the
    27  retirement and social security law.
    28    § 3. This act shall take effect immediately and  shall  be  deemed  to
    29  have been in full force and effect on and after September 11, 2001.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY:  This  proposed  legislation would expand the definition of a
        member who participated in the World Trade Center rescue,  recovery,  or
        cleanup  operations  to include those who worked at the Verrazano Bridge
        Toll Facility.
              ILLUSTRATION - INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
                 by Fiscal Year for the first 25 years ($ in Thousands)
                                           Per Incident
                            Year      Disability     Death
                            2026              22       101
                            2027              22       101
                            2028              22       101
                            2029              22       101
                            2030              22       101
                            2031              22       101
                            2032              22       101
                            2033              22       101
                            2034              22       101
                            2035              22       101
                            2036              22       101
                            2037              22       101
                            2038              22       101
                            2039              22       101
                            2040               0         0
                            2041               0         0
                            2042               0         0
                            2043               0         0

        A. 8792                             3
 
                            2044               0         0
                            2045               0         0
                            2046               0         0
                            2047               0         0
                            2048               0         0
                            2049               0         0
                            2050               0         0
           Employer contribution impact beyond Fiscal Year 2050 is not shown.
 
          The potential increases in employer contributions will be allocated to
        the Triborough Bridge and Tunnel Authority (TBTA).
          PRESENT  VALUE  OF  BENEFITS:  The  Present  Value  of Benefits is the
        discounted expected value of benefits paid to  current  members  if  all
        assumptions are met, including future service accrual and pay increases.
 
                 INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
                          as of June 30, 2024 ($ in Thousands)
             Present Value (PV)                 Per Disability   Per Death
             (1) PV of Employer Contributions:             184         851
             (2) PV of Employee Contributions:             (0)           0
             Total PV of Benefits (1) + (2):               184         851

          UNFUNDED  ACCRUED  LIABILITY  (UAL): Actuarial Accrued Liabilities are
        the portion of the Present Value of Benefits allocated to past  service.
        Changes in UAL per incident would be recognized as ongoing gain/loss.
 
                       AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
             Recognized as Ongoing Gain/Loss    Per Disability      Per Death
             Increase (Decrease) in UAL:                 184 K          851 K
             Number of Payments:                            14             14
             Amortization Payment:                        22 K          101 K
 
          CENSUS DATA: The number of members and eligible retirees who worked at
        the  Verrazano bridge during the applicable period is unknown. The esti-
        mates presented herein are based on preliminary census data collected as
        of June 30, 2024. The census data for  the  potentially  impacted  popu-
        lation used to develop the average costs in this Fiscal Note is based on
        TBTA  members  active  during  the  applicable  period and is summarized
        below.
 
                                                     NYCERS
                            Active Members
                            - Number Count:              155
                            - Average Age:              58.0
                            - Average Service:          26.9
                            - Average Salary:        129,700
                            Term. Vested Members
                            - Number Count:               59
                            - Average Age:              54.4
                            Receiving Members
                            - Number Count:              888
                            - Average Age:              68.9
 
          IMPACT ON MEMBER BENEFITS: Currently, a member  who  becomes  disabled
        would  be  eligible  for  an  applicable ordinary disability retirement,
        generally a lifetime payment of 1/3  of  Final  Average  Salary  or  the

        A. 8792                             4
 
        service  retirement  benefit if greater. The ordinary death benefit is a
        lump sum payment generally equal to three times the member's salary  for
        active members or a fraction of the retirement benefit for retirees.
          Under  the  proposed  legislation,  the accidental death benefit would
        generally be equal to a lifetime benefit  of  50%,  or  100%  for  those
        eligible  for  the Special Accidental Death Benefit, of a member's wages
        earned during their last year of service.
          ASSUMPTIONS AND METHODS: The  estimates  presented  herein  have  been
        calculated  based  on the Revised 2021 Actuarial Assumptions and Methods
        of the impacted retirement systems.
          The cost of this proposed legislation could vary greatly depending  on
        the number of future members who benefit and on their length of service,
        age,  and  salary  history.  The estimated financial impact for disabled
        members has been calculated assuming 50% would  have  retired  under  an
        ordinary disability benefit, and 50% would have continued working if the
        proposed legislation were not passed.
          RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
        highly on the actuarial assumptions, methods,  and  models  used,  demo-
        graphics  of  the impacted population, and other factors such as invest-
        ment, contribution, and other risks. If actual experience deviates  from
        actuarial   assumptions,  the  actual  costs  could  differ  from  those
        presented herein. Quantifying these risks is beyond the  scope  of  this
        Fiscal Note.
          This  Fiscal  Note  is intended to measure pension-related impacts and
        does not include other potential costs (e.g., administrative  and  Other
        Postemployment  Benefits). This Fiscal Note does not reflect any chapter
        laws that may have been enacted during the current legislative session.
          STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
        sky are members of the Society of Actuaries and the American Academy  of
        Actuaries.  We  are members of NYCERS, but do not believe it impairs our
        objectivity, and we meet the Qualification  Standards  of  the  American
        Academy  of  Actuaries to render the actuarial opinion contained herein.
        To the best of our knowledge, the results  contained  herein  have  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 2025-73 dated May 29,
        2025 was prepared by the Chief Actuary for the New York City  Retirement
        Systems  and  Pension Funds and is intended for use only during the 2025
        Legislative Session.
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