Bill Text: NY S07628 | 2013-2014 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Extends deadline during which to file as having a World Trade Center condition, and modifies qualifications.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-11-21 - SIGNED CHAP.472 [S07628 Detail]
Download: New_York-2013-S07628-Introduced.html
Bill Title: Extends deadline during which to file as having a World Trade Center condition, and modifies qualifications.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-11-21 - SIGNED CHAP.472 [S07628 Detail]
Download: New_York-2013-S07628-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7628
I N S E N A T E
May 21, 2014
___________
Introduced by Sen. GOLDEN -- 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
injuries or illnesses suffered as a result of participating in rescue,
recovery and cleanup directly related to attacks at the World Trade
Center on September 11, 2001
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (a) of subdivision 36 of section 2 of the retire-
2 ment and social security law, as added by chapter 489 of the laws of
3 2013, 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 filed
10 a written and sworn statement with the member's retirement system on a
11 form provided by such system indicating the underlying dates and
12 locations of employment not later than September eleventh, two thousand
13 [ten, or any later date as hereinafter provided in this paragraph;]
14 FIFTEEN, and (ii) such member has either successfully passed a physical
15 examination for entry into public service, or authorized release of all
16 relevant medical records, if the member did not undergo a physical exam-
17 ination for entry into public service; and (iii) there is no evidence of
18 the qualifying condition or impairment of health that formed the basis
19 for the disability in such physical examination for entry into public
20 service or in the relevant medical records, prior to September eleventh,
21 two thousand one EXCEPT FOR SUCH MEMBER, OR ELIGIBLE BENEFICIARY IN THE
22 CASE OF THE MEMBER'S DEATH, OF A LOCAL RETIREMENT SYSTEM OF A CITY WITH
23 A POPULATION OF ONE MILLION OR MORE THAT IS COVERED BY SECTION 13-551 OF
24 THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, OR BY SECTION
25 TWENTY-FIVE HUNDRED SEVENTY-FIVE OF THE EDUCATION LAW AND FOR SUCH
26 MEMBER WHO SEPARATED FROM SERVICE WITH VESTED RIGHTS, OR ELIGIBLE BENE-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14985-01-4
S. 7628 2
1 FICIARY OF SUCH MEMBER WHO SEPARATED FROM SERVICE WITH VESTED RIGHTS IN
2 THE CASE OF THE MEMBER'S DEATH, OF A LOCAL RETIREMENT SYSTEM OF A CITY
3 WITH A POPULATION OF ONE MILLION OR MORE WHO ARE COVERED BY SECTIONS
4 13-168, 13-252.1 OR 13-353.1 OF THE ADMINISTRATIVE CODE OF THE CITY OF
5 NEW YORK OR SECTIONS FIVE HUNDRED SEVEN-C, SIX HUNDRED FIVE-B, SIX
6 HUNDRED FIVE-C, OR SIX HUNDRED SEVEN-B OF THIS CHAPTER. The deadline for
7 filing a written and sworn statement required by subparagraph (i) of
8 this paragraph [is hereby extended to] SHALL BE September eleventh, two
9 thousand fourteen for such member, or eligible beneficiary in the case
10 of the member's death, of a local retirement system of a city with a
11 population of one million or more that is covered by section 13-551 of
12 the administrative code of the city of New York, or by section twenty-
13 five hundred seventy-five of the education law and for such member who
14 separated from service with vested rights, or eligible beneficiary of
15 such member who separated from service with vested rights in the case of
16 the member's death, of A local retirement [systems] SYSTEM of a city
17 with a population of one million or more who are covered by sections
18 13-168, 13-252.1 [and] OR 13-353.1 of the administrative code of the
19 city of New York and sections five hundred seven-c, six hundred five-b,
20 six hundred five-c, [and] OR six hundred seven-b of this chapter. Every
21 retirement system shall keep a copy of every written and sworn statement
22 that is presented for filing not later than September eleventh, two
23 thousand [fourteen] FIFTEEN, including those that are rejected for
24 filing as untimely.
25 S 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
PROVISIONS OF PROPOSED LEGISLATION: With respect to the New York City
Retirement Systems ("NYCRS"), the proposed legislation would amend
Retirement and Social Security Law ("RSSL") Section 2, to extend the
deadline for filing a registration of participation under the World
Trade Center ("WTC") Disability Law to certain members who participated
in the Rescue, Recovery or Cleanup operations related to the World Trade
Center attack on September 11, 2001.
The NYCRS include: New York City Employees' Retirement System
("NYCERS"), New York City Teachers' Retirement System ("NYCTRS"), New
York City Board of Education Retirement System ("BERS"), New York City
Police Pension Fund ("POLICE") and New York Fire Department Pension Fund
("FIRE").
The WTC Disability Law was enacted under Chapter 104 of the Laws of
2005, and was amended by Chapter 93 of the Laws of 2005, Chapter 102 of
the Laws of 2006, Chapter 444 of the Laws of 2006, Chapter 445 of the
Laws of 2006, Chapter 5 of the Laws of 2007, Chapter 214 of the Laws of
2007, Chapter 495 of the Laws of 2007, Chapter 489 of the Laws of 2008,
Chapter 361 of the Laws of 2010 and Chapter 489 of 2013.
The Effective Date of this proposed legislation would be the date of
enactment.
DEADLINES FOR FILING A REGISTRATION OF PARTICIPATION UNDER EXISTING
WTC-RELATED PROVISIONS: Under current law, as a result of the enactment
of Chapter 489 of 2013, the deadline for filing a written and sworn
statement with the member's retirement system to register for partic-
ipation under the WTC Disability Law is September 11, 2014 for certain
groups ("Chapter 489/13 Covered Groups"). These Chapter 489/13 Covered
Groups are as follows:
* Active, vested and retired members in NYCTRS in Tiers I and II
* Active, vested and retired members in BERS in Tiers I and II
* Vested members in NYCERS in Tiers I and II
S. 7628 3
* Vested members in POLICE in Tiers I and II
* Vested members in FIRE in Tiers I and II
* Vested Uniformed Corrections members in NYCERS in Tier III
* Vested Uniformed Sanitation members in NYCERS in Tier IV
* Vested Deputy Sheriff members in NYCERS in Tier IV and Tier VI
* Vested EMT members in NYCERS in Tier IV and Tier VI
Similarly, the deadline for filing a written and sworn statement with
the member's retirement system to register for participation under the
WTC Disability law is September 11, 2010 for all groups not included in
the Chapter 489/13 Covered Groups (the "Original Covered Groups").
DEADLINES FOR FILING A REGISTRATION OF PARTICIPATION UNDER PROPOSED
LEGISLATION: With respect to the NYCRS, the proposed legislation would
extend the deadline for filing a registration of participation under the
WTC Disability Law for the Original Covered Groups from September 11,
2010 to September 11, 2015. The deadline for filing a registration of
participation under the WTC Disability Law for the Chapter 489/13
Covered Groups would remain unchanged at September 11, 2014.
ADDITIONAL EMPLOYER COSTS: The cost of the proposed legislation would
depend on the number of additional members who file the required form,
meet the requirements and then ultimately benefit from one of the WTC
Disability Laws.
As the Actuary believes that most members who would be eligible for
the benefits provided under the WTC Disability Law have already filed
the required form to register for participation, only a few members
likely would benefit from the proposed legislation and, therefore, the
increase in employer costs likely would be de minimis.
ADDITIONAL EMPLOYER CONTRIBUTIONS: In general, the increase in employ-
er contributions will be comparable to the increase in employer costs.
ACTUARIAL ASSUMPTIONS AND METHODS: The additional employer costs and
contributions have been determined based on the actuarial assumptions
and methods used in June 30, 2013 (Lag) actuarial valuations of NYCERS,
NYCTRS, BERS, POLICE and FIRE.
ECONOMIC VALUES OF BENEFITS: The actuarial assumptions used to deter-
mine the financial impact of the proposed legislation discussed in this
Fiscal Note are those appropriate for budgetary models and determining
annual employer contributions to the NYCRS.
However, the economic assumptions that are used for determining
employer contributions do not develop risk-adjusted, economic values of
benefits. Such risk-adjusted, economic values of benefits would likely
differ significantly from those developed by the budgetary models.
STATEMENT OF ACTUARIAL OPINION: I, Robert C. North, Jr., am the Chief
Actuary for the New York City Retirement Systems. I am a Fellow of the
Society of Actuaries and a Member of the American Academy of Actuaries.
I meet the Qualification Standards of the American Academy of Actuaries
to render the actuarial opinion contained herein.
FISCAL NOTE IDENTIFICATION: This estimate is intended for use only
during the 2014 Legislative Session. It is Fiscal Note 2014-18, dated
April 30, 2014, prepared by the Chief Actuary for the New York City
Employees' Retirement System, the New York City Teachers' Retirement
System, the New York City Board of Education Retirement System, the New
York City Police Pension Fund and the New York Fire Department Pension
Fund.
