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
________________________________________________________________________
8501
IN SENATE
June 6, 2020
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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. Subparagraph (a) of paragraph 36 of section 2 of the
2 retirement and social security law, as amended by chapter 266 of the
3 laws of 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 electronically submitted a state-
12 ment through a secure online portal maintained by the member's retire-
13 ment system that has duly validated the member's identity, indicating
14 the underlying dates and locations of employment not later than Septem-
15 ber eleventh, two thousand twenty-two, and (ii) such member has either
16 successfully passed a physical examination for entry into public
17 service, or authorized release of all relevant medical records, if the
18 member did not undergo a physical examination for entry into public
19 service; and (iii) there is no evidence of the qualifying condition or
20 impairment of health that formed the basis for the disability in such
21 physical examination for entry into public service or in the relevant
22 medical records, prior to September eleventh, two thousand one except
23 for such member, or eligible beneficiary in the case of the member's
24 death, of a local retirement system of a city with a population of one
25 million or more that is covered by section 13-551 of the administrative
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16631-01-0
S. 8501 2
1 code of the city of New York, or by section twenty-five hundred seven-
2 ty-five of the education law and for such member who separated from
3 service with vested rights, or eligible beneficiary of such member who
4 separated from service with vested rights in the case of the member's
5 death, of a local retirement system of a city with a population of one
6 million or more who are covered by sections 13-168, 13-252.1 or 13-353.1
7 of the administrative code of the city of New York or sections five
8 hundred seven-c, six hundred five-b, six hundred five-c, or six hundred
9 seven-b of this chapter. The deadline for filing a written and sworn
10 statement required by subparagraph (i) of this paragraph shall be
11 September eleventh, two thousand twenty-two for such member, or eligible
12 beneficiary in the case of the member's death, of a local retirement
13 system of a city with a population of one million or more that is
14 covered by section 13-551 of the administrative code of the city of New
15 York, or by section twenty-five hundred seventy-five of the education
16 law and for such member who separated from service with vested rights,
17 or eligible beneficiary of such member who separated from service with
18 vested rights in the case of the member's death, of a local retirement
19 system of a city with a population of one million or more who are
20 covered by sections 13-168, 13-252.1 or 13-353.1 of the administrative
21 code of the city of New York and sections five hundred seven-c, six
22 hundred five-b, six hundred five-c, or six hundred seven-b of this chap-
23 ter. Every retirement system shall keep a copy of every written and
24 sworn statement that is presented for filing not later than September
25 eleventh, two thousand twenty-two, including those that are rejected for
26 filing as untimely.
27 § 2. Subparagraph (e) of paragraph 1 and clause (i) of subparagraph
28 (b) of paragraph 2 of subdivision h of section 363-bb of the retirement
29 and social security law, as amended by chapter 495 of the laws of 2007,
30 are amended to read as follows:
31 (e) In order to be eligible for consideration for such presumption,
32 such member must file either a written and sworn statement with the
33 member's retirement system on a form provided by such system, or elec-
34 tronically submit a statement through a secure online portal maintained
35 by the member's retirement system that has duly validated the member's
36 identity, indicating the dates and locations of employment. Such state-
37 ment must be filed not later than four years following the effective
38 date of chapter one hundred four of the laws of two thousand five.
39 (i) the member files either a written and sworn statement with the
40 member's retirement system on a form provided by such system, or elec-
41 tronically submits a statement through a secure online portal maintained
42 by the member's retirement system that has duly validated the member's
43 identity, indicating the dates and locations of employment within four
44 years following the effective date of chapter one hundred four of the
45 laws of two thousand five; and
46 § 3. Clause (i) of subparagraph (b) of paragraph 2 of subdivision h of
47 section 605 of the retirement and social security law, as amended by
48 chapter 489 of the laws of 2008, is amended to read as follows:
49 (i) the member files either a written and sworn statement with the
50 member's retirement system on a form provided by such system, or elec-
51 tronically submits a statement through a secure online portal maintained
52 by the member's retirement system that has duly validated the member's
53 identity, indicating the dates and locations of employment within four
54 years following the effective date of chapter one hundred four of the
55 laws of two thousand five; and
S. 8501 3
1 § 4. Paragraph a of section 13-168 of the administrative code of the
2 city of New York, as amended by chapter 489 of the laws of 2008, is
3 amended to read as follows:
4 a. Medical examination of a member in city-service for accident disa-
5 bility and investigation of all statements and certifications by him or
6 her or on his or her behalf in connection therewith shall be made upon
7 the application of the head of the agency in which the member is
8 employed, or upon the application of a member or of a person acting in
9 his or her behalf, either in writing or electronically submitted through
10 a secure online portal maintained by the member's retirement system that
11 has duly validated the member's identity, stating that such member is
12 physically or mentally incapacitated for the performance of city-ser-
13 vice, as a natural and proximate result of such city-service, and certi-
14 fying the time, place and conditions of such city-service performed by
15 such member resulting in such alleged disability and that such alleged
16 disability was not the result of wilful negligence on the part of such
17 member and that such member should, therefore, be retired. Such appli-
18 cation shall be filed within two years from the happening of such acci-
19 dent, except, however, that such requirement as to time of filing shall
20 not apply to any such application which (1) is filed by or with respect
21 to a member who is a member of the uniformed force of the department of
22 sanitation (as such force is defined in subdivision a of section 13-154
23 of this chapter) and is based on an accident occurring wholly on or
24 after July first, nineteen hundred sixty-three, or (2) if filed by a
25 vested member incapacitated as a result of a qualifying World trade
26 Center condition as defined in section two of the retirement and social
27 security law. If such medical examination and investigation shows that
28 any member, by whom or with respect to whom an application is filed
29 under this section, is physically or mentally incapacitated for the
30 performance of city-service as a natural and proximate result of an
31 accidental injury received in such city-service while a member, and that
32 such disability was not the result of wilful negligence on the part of
33 such member and that such member should be retired, the medical board
34 shall so certify to the board stating the time, place and conditions of
35 such city-service performed by such member resulting in such disability.
36 The board shall review such certification with respect to any issues
37 other than the existence or non-existence of physical or mental incapac-
38 itation and shall determine the member's eligibility with respect to any
39 such issues. Upon such certification by the medical board of the
40 member's physical or mental incapacitation and a determination by the
41 board finding the member otherwise eligible, such member shall be
42 retired for accident disability effective the date the application is
43 filed or the date immediately following the last date the member was on
44 the payroll, whichever is later.
45 § 5. This act shall take effect immediately.
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), would, among
other things, amend provisions of the of the Retirement and Social Secu-
rity 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 electronically. The electronic filing would provide an
alternative mechanism to the current written and sworn Notice of Partic-
ipation filing.
EFFECTIVE DATE: Upon enactment.
S. 8501 4
BACKGROUND: Currently, in order to eligible for WTC benefits, members
must file a written and sworn WTC Notice of Participation statement 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
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 2020-49 dated June 3,
2020 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 2020 Legislative Session.
