Allows for participants in World Trade Center rescue, recovery, or cleanup operations who were not members of a New York state retirement system at the time of such participation but who are now currently active members in such retirement systems to be eligible for disability benefits.
STATE OF NEW YORK
________________________________________________________________________
7831
2025-2026 Regular Sessions
IN SENATE
May 9, 2025
___________
Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
and when printed to be committed to the Committee on Civil Service and
Pensions
AN ACT to amend the retirement and social security law, in relation to
making certain participants in World Trade Center rescue, recovery, or
cleanup operations eligible for disability benefits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 4 of subdivision d of section 605 of the retire-
2 ment and social security law, as added by chapter 252 of the laws of
3 2019, is amended to read as follows:
4 4. Notwithstanding any other law, rule or regulation to the contrary,
5 any member who had an active membership in the New York state and local
6 employees' retirement system or the New York state teachers' retirement
7 system, when such member participated in World Trade Center rescue,
8 recovery, or cleanup operations, as such participation is defined in
9 section two of this chapter, or any active member with at least ten
10 years of service credit who did not have an active membership in the New
11 York state and local employees' retirement system or the New York state
12 teachers' retirement system at the time such individual participated in
13 such World Trade Center rescue, recovery, or cleanup operations, but who
14 is now an active member with a participating employer in the New York
15 state and local employees' retirement system or the New York state
16 teachers' retirement system, and who incurred a qualifying World Trade
17 Center condition, as defined in section two of this chapter, that is
18 determined to have been incurred in the performance and discharge of
19 duty and is the natural and proximate result of an accident not caused
20 by such member's own willful negligence, shall be paid a performance of
21 duty disability retirement allowance equal to three-quarters of final
22 average salary. The payment of such pension shall be subject to the
23 provisions of section sixty-four of this chapter.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07814-02-5
S. 7831 2
1 § 2. Subdivision h-1 of section 507 of the retirement and social secu-
2 rity law, as added by chapter 252 of the laws of 2019, is amended to
3 read as follows:
4 h-1. Notwithstanding any other law, rule or regulation to the contra-
5 ry, any member who had an active membership in the New York state and
6 local employees' retirement system or the New York state teachers'
7 retirement system, when such member participated in World Trade Center
8 rescue, recovery, or cleanup operations, as such participation is
9 defined in section two of this chapter, or any active member with at
10 least ten years of service credit who did not have an active membership
11 in the New York state and local employees' retirement system or the New
12 York state teachers' retirement system at the time such individual
13 participated in such World Trade Center rescue, recovery, or cleanup
14 operations, but who is now an active member with a participating employ-
15 er in the New York state and local employees' retirement system or the
16 New York state teachers' retirement system, and who incurred a qualify-
17 ing World Trade Center condition, as defined in section two of this
18 chapter, that is determined to have been incurred in the performance and
19 discharge of duty and is the natural and proximate result of an accident
20 not caused by such member's own willful negligence, shall be paid a
21 performance of duty disability retirement allowance equal to three-quar-
22 ters of final average salary. The payment of such pension shall be
23 subject to the provisions of section sixty-four of this chapter.
24 § 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend the benefits of certain members of the New York
State and Local Employees' Retirement System (NYSLERS) subject to the
provisions of Article 14 or 15 of the Retirement and Social Security
Law, who contract any form of disease or disability related to exposure
to any elements in connection with the World Trade Center (WTC) rescue,
recovery or cleanup operations, and who were not members of any state
public retirement system at the time of participation in the WTC oper-
ations. The annual accidental disability benefit would be 75% of final
average salary (FAS), less workers' compensation, regardless of plan
coverage. Currently, eligible members receive the accidental disability
benefit specified under their plan, which for most Article 14 and 15
members is 33.3% of FAS. This improved benefit would be payable only to
current members with at least ten years of credited service. Current
retirees and their beneficiaries would not be affected.
Pursuant to Section 25 of the Retirement and Social Security Law, the
increased costs would be borne entirely by the State of New York and
would require an itemized appropriation sufficient to pay the cost of
the provision.
Insofar as this bill affects NYSLERS, the cost will depend upon the
applicant's age, service, salary, plan, and any benefit type otherwise
payable, but is expected to be 4 times FAS per applicant.
Approximately 60 active NYSLERS members, with a combined salary of
approximately $5.1 million as of March 31, 2024, have filed an Applica-
tion for WTC Notice and been rejected on the grounds that they were not
members at the time of their participation in certain WTC rescue, recov-
ery or cleanup operations. If all these members benefit, the cost would
be approximately $20.4 million. However, the actual number of members
who could be affected by this legislation cannot readily be determined.
Summary of relevant resources:
Membership data as of March 31, 2024 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2024 actuari-
S. 7831 3
al valuation. Distributions and other statistics can be found in the
2024 Report of the Actuary and the 2024 Annual Comprehensive Financial
Report. The actuarial assumptions and methods used are described in the
2024 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, 2024 New York State and Local Retirement System Financial Statements
and Supplementary Information.
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 27, 2025, and intended for use only during
the 2025 Legislative Session, is Fiscal Note No. 2025-55. As Chief Actu-
ary of the New York State and Local Retirement System, I, Aaron Schottin
Young, hereby certify that this analysis complies with applicable Actu-
arial Standards of Practice as well as the Code of Professional Conduct
and Qualification Standards for Actuaries Issuing Statements of Actuari-
al Opinion of the American Academy of Actuaries, of which I am a member.
