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A08792 Summary:

BILL NOA08792A
 
SAME ASSAME AS S08135-B
 
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--A
 
                               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 -- recommitted to the Committee on
          Governmental Employees in accordance with Assembly Rule 3, sec.  2  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        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-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02346-05-6

        A. 8792--A                          2
 
     1  cian (SPCT), Principal  Police  Communication  Technician  I,  Principal
     2  Police Communication Technician II, Principal Police Communication Tech-
     3  nician  III,  Administrative  Manager - Communications, or in the Police
     4  Administrative Aide title series; (B) Fire Department of the City of New
     5  York  at  35  Empire  Boulevard  in  Brooklyn, 79th Street Transverse in
     6  Manhattan, 83-98 Woodhaven Boulevard in Queens, 1129 East 180 Street  in
     7  the  Bronx,  65  Slosson  Avenue  in Staten Island, 9 Metrotec Center in
     8  Brooklyn, or 25 Rockaway Avenue in Brooklyn as  Fire  Alarm  Dispatchers
     9  (FAD),  Supervising  Fire  Alarm  Dispatchers I (SFAD), Supervising Fire
    10  Alarm Dispatchers II (Borough Supervisor), Deputy  Director  &  Director
    11  Fire  Dispatch Operations, or Assistant Commissioner for Communications;
    12  (C) for the Fire Department of the City of New York's Emergency  Medical
    13  Service  at  1  or 9 Metrotec Centers in Brooklyn, or 55-30 58 Street in
    14  Maspeth Queens as Emergency Medical Specialist-Level I (EMT),  Emergency
    15  Medical  Specialist  Level II-(Paramedic), Supervising Emergency Medical
    16  Specialist Level I (LT), Supervising Emergency Medical Specialist  Level
    17  II  (Capt),  Deputy  Chief EMS Communications, or Division Commander EMS
    18  Communications; or (vii) worked at the Verrazano Bridge  Toll  Facility.
    19  For  purposes  of  this  paragraph, the term "member" shall include each
    20  person who during the qualifying period  was  in  the  employment  of  a
    21  public  employer  which then participated for such employees in a public
    22  retirement system in this state, irrespective of whether the person  was
    23  a  participant in such system at that time, provided that the person has
    24  become a participant in such retirement system and has purchased service
    25  credit for a period of time that includes some or all of the  qualifying
    26  period  in accordance with provisions of law applicable to such purchase
    27  of service credit.
    28    § 2. Notwithstanding any other provision of law to the contrary,  none
    29  of  the  provisions  of  this  act shall be subject to section 25 of the
    30  retirement and social security law.
    31    § 3. This act shall take effect immediately and  shall  be  deemed  to
    32  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
                       2027           22              93
                       2028           22              93
                       2029           22              93
                       2030           22              93
                       2031           22              93
                       2032           22              93
                       2033           22              93
                       2034           22              93
                       2035           22              93
                       2036           22              93
                       2037           22              93
                       2038           22              93
                       2039           22              93

        A. 8792--A                          3
 
                       2040           22              93
                       2041            0               0
                       2042            0               0
                       2043            0               0
                       2044            0               0
                       2045            0               0
                       2046            0               0
                       2047            0               0
                       2048            0               0
                       2049            0               0
                       2050            0               0
                       2051            0               0
 
            Employer contribution impact beyond Fiscal Year 2051 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, 2025 ($ in Thousands)
 
        Present Value (PV)                   Per Disability      Per Death
        (1) PV of Employer Contributions:          182              785
        (2) PV of Employee Contributions:            0                0
        Total PV of Benefits (1) + (2):            182              785
 
          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:                182 K            785 K
        Number of Payments:                         14               14
        Amortization Payment:                       22 K             93 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, 2025. 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:                        159
                       - Average Age:                        58.2
                       - Average Service:                    26.9
                       - Average Salary:                  128,900
                       Term. Vested Members
                       - Number Count:                         18

        A. 8792--A                          4
 
                       - Average Age:                        60.2
                       Receiving Members
                       - Number Count:                        858
                       - Average Age:                        69.4
 
          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
        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  2026-14  dated  February
        11, 2026 was prepared by the Chief Actuary for the New York City Retire-
        ment  Systems  and Pension Funds and is intended for use only during the
        2026 Legislative Session.
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