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S08135 Summary:

BILL NOS08135A
 
SAME ASSAME AS A08792
 
SPONSORJACKSON
 
COSPNSRMARTINEZ, MARTINS
 
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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S08135 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8135--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 15, 2025
                                       ___________
 
        Introduced by Sens. JACKSON, MARTINEZ, MARTINS -- read twice and ordered
          printed,  and  when  printed to be committed to the Committee on Civil
          Service and Pensions -- 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-
    22  cian  (SPCT),  Principal  Police  Communication  Technician I, Principal
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02346-02-5

        S. 8135--A                          2
 
     1  Police Communication Technician II, Principal Police Communication Tech-
     2  nician III, Administrative Manager - Communications, or  in  the  Police
     3  Administrative Aide title series; (B) Fire Department of the City of New
     4  York  at  35  Empire  Boulevard  in  Brooklyn, 79th Street Transverse in
     5  Manhattan, 83-98 Woodhaven Boulevard in Queens, 1129 East 180 Street  in
     6  the  Bronx,  65  Slosson  Avenue  in Staten Island, 9 Metrotec Center in
     7  Brooklyn, or 25 Rockaway Avenue in Brooklyn as  Fire  Alarm  Dispatchers
     8  (FAD),  Supervising  Fire  Alarm  Dispatchers I (SFAD), Supervising Fire
     9  Alarm Dispatchers II (Borough Supervisor), Deputy  Director  &  Director
    10  Fire  Dispatch Operations, or Assistant Commissioner for Communications;
    11  (C) for the Fire Department of the City of New York's Emergency  Medical
    12  Service  at  1  or 9 Metrotec Centers in Brooklyn, or 55-30 58 Street in
    13  Maspeth Queens as Emergency Medical Specialist-Level I (EMT),  Emergency
    14  Medical  Specialist  Level II-(Paramedic), Supervising Emergency Medical
    15  Specialist Level I (LT), Supervising Emergency Medical Specialist  Level
    16  II  (Capt),  Deputy  Chief EMS Communications, or Division Commander EMS
    17  Communications; or (vii) worked at the Verrazano Bridge  Toll  Facility.
    18  For  purposes  of  this  paragraph, the term "member" shall include each
    19  person who during the qualifying period  was  in  the  employment  of  a
    20  public  employer  which then participated for such employees in a public
    21  retirement system in this state, irrespective of whether the person  was
    22  a  participant in such system at that time, provided that the person has
    23  become a participant in such retirement system and has purchased service
    24  credit for a period of time that includes some or all of the  qualifying
    25  period  in accordance with provisions of law applicable to such purchase
    26  of service credit.
    27    § 2. Notwithstanding any other provision of law to the contrary,  none
    28  of  the  provisions  of  this  act shall be subject to section 25 of the
    29  retirement and social security law.
    30    § 3. This act shall take effect immediately and  shall  be  deemed  to
    31  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

        S. 8135--A                          3
 
                            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
           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

        S. 8135--A                          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  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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