Bill Text: NY A09113 | 2023-2024 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-07 - referred to governmental employees [A09113 Detail]

Download: New_York-2023-A09113-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9113

                   IN ASSEMBLY

                                    February 7, 2024
                                       ___________

        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Governmental Employees

        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.
    24    § 2. Subdivision h-1 of section 507 of the retirement and social secu-
    25  rity law, as added by chapter 252 of the laws of  2019,  is  amended  to
    26  read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13179-03-4

        A. 9113                             2

     1    h-1.  Notwithstanding any other law, rule or regulation to the contra-
     2  ry, any member who had an active membership in the New  York  state  and
     3  local  employees'  retirement  system  or  the  New York state teachers'
     4  retirement system, when such member participated in World  Trade  Center
     5  rescue,  recovery,  or  cleanup  operations,  as  such  participation is
     6  defined in section two of this chapter, or any  active  member  with  at
     7  least  ten years of service credit who did not have an active membership
     8  in the New York state and local employees' retirement system or the  New
     9  York  state  teachers'  retirement  system  at  the time such individual
    10  participated in such World Trade Center  rescue,  recovery,  or  cleanup
    11  operations, but who is now an active member with a participating employ-
    12  er  in  the New York state and local employees' retirement system or the
    13  New York state teachers' retirement system, and who incurred a  qualify-
    14  ing  World  Trade  Center  condition,  as defined in section two of this
    15  chapter, that is determined to have been incurred in the performance and
    16  discharge of duty and is the natural and proximate result of an accident
    17  not caused by such member's own willful  negligence,  shall  be  paid  a
    18  performance of duty disability retirement allowance equal to three-quar-
    19  ters  of  final  average  salary.  The  payment of such pension shall be
    20  subject to the provisions of section sixty-four of this chapter.
    21    § 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) who are currently
        subject  to the provisions of Article 14 or Article 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  such public retirement systems at the time of participation
        in said operations.  The annual accidental disability benefit  would  be
        75  percent  of  a  member's  final average salary less workers' compen-
        sation, regardless of plan coverage. Currently, eligible members receive
        the accidental disability benefit specified in the plan under which they
        are covered, which for most Article 14 and 15 members is  1/3  of  final
        average  salary.  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 by this bill.
          Insofar  as  this bill would affect NYSLERS, the cost will depend upon
        the applicant's age, service, salary, plan, and any benefit type  other-
        wise payable, but is expected to cost up to 4 times final average salary
        per applicant.
          Approximately  50  active  NYSLERS  members, with a combined salary of
        approximately $4.5 million as of March 31, 2023, 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. However, the actual  number  of  members  who
        could  be  affected  by  this  legislation cannot be readily determined.
        Pursuant to Section 25 of the Retirement and Social Security Law,  those
        costs arising in the NYSLERS would be borne by the State of New York.
          Summary of relevant resources:
          Membership  data as of March 31, 2023 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2023 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
        Report.

        A. 9113                             3

          The actuarial assumptions and methods used are described in  the  2023
        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, 2023
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          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 February 1,  2024,  and  intended  for  use  only
        during  the  2024  Legislative  Session,  is  Fiscal  Note  No. 2024-10,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.
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