S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10499
 
                           I N  A S S E M B L Y
 
                              April 30, 2018
                                ___________
 
 Introduced  by  M.  of  A. NIOU, ABBATE, BRINDISI, PHEFFER AMATO -- read
   once and referred to the Committee on Governmental Employees
 
 AN ACT to amend the retirement and social security law and the  workers'
   compensation  law,  in  relation  to  participants  in the World Trade
   Center rescue
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Paragraph  (a)  of  subdivision  36 of section 2 of the
 retirement and social security law, as amended by  chapter  326  of  the
 laws of 2016, is amended to read as follows:
   (a)  "Qualifying World Trade Center condition" shall mean a qualifying
 condition or impairment of health resulting in disability  to  a  member
 who participated in World Trade Center rescue, recovery or cleanup oper-
 ations  for  a  qualifying  period,  as  those  terms are defined below,
 provided the following conditions have been met:  (i)  such  member,  or
 eligible  beneficiary in the case of the member's death, must have filed
 a written and sworn statement with the member's retirement system  on  a
 form  provided  by  such  system  indicating  the  underlying  dates and
 locations of employment not later than September eleventh, two  thousand
 [eighteen]  TWENTY-TWO,  and  (ii)  such  member has either successfully
 passed a physical examination for entry into public service, or  author-
 ized  release  of  all  relevant  medical records, if the member did not
 undergo a physical examination for entry into public service; and  (iii)
 there is no evidence of the qualifying condition or impairment of health
 that  formed  the  basis for the disability in such physical examination
 for entry into public service or in the relevant medical records,  prior
 to  September  eleventh,  two  thousand  one  except for such member, or
 eligible beneficiary in the case of  the  member's  death,  of  a  local
 retirement  system  of  a  city with a population of one million or more
 that is covered by section 13-551 of the administrative code of the city
 of New York, or by  section  twenty-five  hundred  seventy-five  of  the
 education law and for such member who separated from service with vested
 rights,  or  eligible  beneficiary  of  such  member  who separated from
 service with vested rights in the case of the member's death, of a local
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14551-05-8

 A. 10499                            2
 
 retirement system of a city with a population of one million or more who
 are covered by sections 13-168, 13-252.1 or 13-353.1 of the  administra-
 tive  code of the city of New York or sections five hundred seven-c, six
 hundred five-b, six hundred five-c, or six hundred seven-b of this chap-
 ter.  The  deadline for filing a written and sworn statement required by
 subparagraph (i) of this paragraph  shall  be  September  eleventh,  two
 thousand  [eighteen] TWENTY-TWO for such member, or eligible beneficiary
 in the case of the member's death, of a local  retirement  system  of  a
 city with a population of one million or more that is covered by section
 13-551 of the administrative code of the city of New York, or by section
 twenty-five  hundred  seventy-five  of  the  education  law and for such
 member who separated from service with vested rights, or eligible  bene-
 ficiary  of such member who separated from service with vested rights in
 the case of the member's death, of a local retirement system of  a  city
 with  a  population  of  one million or more who are covered by sections
 13-168, 13-252.1 or 13-353.1 of the administrative code of the  city  of
 New  York  and  sections  five  hundred seven-c, six hundred five-b, six
 hundred five-c, or six hundred seven-b of this chapter. Every retirement
 system shall keep a copy of every written and sworn  statement  that  is
 presented  for  filing  not  later than September eleventh, two thousand
 [eighteen] TWENTY-TWO, including those that are rejected for  filing  as
 untimely.
   § 2. Section 162 of the workers' compensation law, as amended by chap-
 ter 326 of the laws of 2016, is amended to read as follows:
   §  162.  Registration  of  participation in World Trade Center rescue,
 recovery and clean-up operations. In order for the claim  of  a  partic-
 ipant  in World Trade Center rescue, recovery and clean-up operations to
 come within the application of this article, such participant must  file
 a  written  and  sworn statement with the board on a form promulgated by
 the chair indicating the dates and locations of such  participation  and
 the  name  of  such  participant's employer during the period of partic-
 ipation. Such statement must be filed not later than September eleventh,
 two thousand [eighteen] TWENTY-TWO.  The board shall transmit a copy  of
 such  statement  to the employer or carrier named therein. The filing of
 such a statement shall not be considered the filing of a claim for bene-
 fits under this chapter.
   § 3. Section 168 of the workers' compensation law is amended by adding
 a new subdivision 4 to read as follows:
   4. A CLAIM BY A PARTICIPANT IN THE WORLD TRADE CENTER RESCUE, RECOVERY
 OR CLEANUP OPERATIONS WHOSE DISABLEMENT OCCURRED BETWEEN SEPTEMBER ELEV-
 ENTH, TWO THOUSAND FIFTEEN, AND SEPTEMBER ELEVENTH, TWO THOUSAND  SEVEN-
 TEEN,  SHALL  NOT BE DISALLOWED AS BARRED BY SECTION EIGHTEEN OR SECTION
 TWENTY-EIGHT OF THIS CHAPTER IF SUCH CLAIM IS FILED ON OR BEFORE SEPTEM-
 BER ELEVENTH, TWO THOUSAND TWENTY-TWO. ANY SUCH CLAIM BY  A  PARTICIPANT
 IN  THE  WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS WHOSE
 DISABLEMENT OCCURRED BETWEEN SEPTEMBER ELEVENTH, TWO  THOUSAND  FIFTEEN,
 AND  SEPTEMBER  ELEVENTH,  TWO THOUSAND SEVENTEEN, AND WAS DISALLOWED BY
 SECTION EIGHTEEN OR TWENTY-EIGHT OF THIS CHAPTER SHALL  BE  RECONSIDERED
 BY THE BOARD.
   §  4. Notwithstanding any other provision to the contrary, none of the
 provisions of this act shall be subject to section 25 of the  retirement
 and social security law.
   §  5.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on  and  after  September  11,  2001;
 provided,  however,  that  the amendments to sections 162 and 168 of the
 workers' compensation law made by sections two and three  of  this  act,

 A. 10499                            3
 
 respectively,  shall  apply  to all open and closed claims coming within
 its purview.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would amend chapter 93 of the Laws of 2005 and chapter 445
 of the Laws of 2006, which provided members of public retirement systems
 who contract any form of disease or disability related  to  exposure  to
 any  elements  in connection with the World Trade Center (WTC) attack of
 September 11, 2001 to be presumptive evidence that such  disability,  or
 death  as  a result of such disability was the result of an accident and
 was sustained in the performance of duty. The  provisions  of  this  act
 will  not be subject to Section 25 of the Retirement and Social Security
 Law.
   Insofar as this bill would affect the New York State and Local Employ-
 ees' Retirement and the New York State and Local Police and Fire Retire-
 ment System, this bill would  extend  the  deadline  for  filing  notice
 regarding  the  eligibility for benefits for certain members who partic-
 ipated in the World Trade Center rescue, recovery or  cleanup  operation
 to September 11, 2022.
   If  this  bill  is  enacted,  it  would reclassify certain current and
 future retirement benefits. The cost of the revised benefit will  depend
 upon the applicant's age, service, salary, plan, and benefit type other-
 wise payable.
 Benefit        None           Ordinary       In Performance Service
 without                       Disability     of Duty
 enactment:                                   Disability
 Cost for WTC   9 times        5 times        2.5 times      2 times
 benefit:       salary         salary         salary         salary
   This  bill  would  also lead to more deaths being classified as "acci-
 dental". For each death classified as accidental due to this  bill,  the
 cost  would depend on the age, service, salary, plan, and status at time
 of death. It is estimated that the cost for each ERS and PFRS individual
 affected would average approximately 3.5 times final average salary  and
 8 times final average salary, respectively.
   These  cost  would  be shared by the State of New York and the partic-
 ipating employers in the ERS and PFRS.
   Summary of relevant resources:
   The membership data used in  measuring  the  impact  of  the  proposed
 change  was  the same as that used in the March 31, 2017 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2017
 Report  of  the  Actuary  and  the  2017  Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in the  2015,
 2016,  and  2017  Annual  Report to the Comptroller on Actuarial Assump-
 tions, 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, 2017
 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 estimate, dated February 8, 2018 and intended for use only during
 the 2018 Legislative Session, is Fiscal Note No.  2018-55,  prepared  by
 the Actuary for the New York State and Local Retirement System.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  amend Subdivision 36 of Section 2 of the Retirement
 and Social Security Law to extend the deadline to September 11, 2022 for

 A. 10499                            4
 
 filing notice of having participated in the World Trade  Center  rescue,
 recover  or cleanup operations during the qualifying period. Members who
 become disabled or die as a result of a "qualifying World  Trade  Center
 condition" are assumed to have become disabled or died as a result of an
 accidental or on-the-job disability or death. This act shall take effect
 immediately and shall be deemed to have been in full force and effect on
 and after September 11, 2001.
   The  annual  cost  to  the  employers of members of the New York State
 Teachers' Retirement System is estimated to be negligible if  this  bill
 is enacted.
   Member  data  is  from  the  System's  most recent actuarial valuation
 files, consisting of data provided by the employers  to  the  Retirement
 System.   Data distributions and statistics can be found in the System's
 Comprehensive Annual Financial  Report  (CAFR).  System  assets  are  as
 reported  in the System's financial statements, and can also be found in
 the CAFR. Actuarial assumptions and methods are provided in the System's
 Actuarial Valuation Report.
   The source of this estimate is Fiscal Note 2018-12 dated March 9, 2018
 prepared by the Actuary of  the  New  York  State  Teachers'  Retirement
 System and is intended for use only during the 2018 Legislative Session.
 I,  Richard  A.  Young,  am the Actuary for the New York State Teachers'
 Retirement System. I am a member of the American  Academy  of  Actuaries
 and  I meet the Qualification Standards of the American Academy of Actu-
 aries to render the actuarial opinion contained herein.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   SUMMARY OF BILL: With respect to the New York City Retirement  Systems
 and  Pension Funds (NYCRS), the proposed legislation would amend Retire-
 ment and Social Security Law (RSSL) Section 2, to  extend,  for  certain
 members  who  participated in the Rescue, Recovery or Cleanup operations
 related to the World Trade Center (WTC) attack  on  September  11,  2001
 (Covered  Groups),  the  deadline  for  filing a Notice of Participation
 under the WTC Disability Law.
   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 City Fire Pension Fund (FIRE).
   The  proposed  legislation would also amend provisions of the Workers'
 Compensation Law (WCL). However, because such provisions do not directly
 impact the NYCRS, the financial impact of amendments to the WCL are  not
 reflected in this fiscal note.
   None of the provisions of the proposed legislation would be subject to
 Retirement  and  Social  Security  Law  Section 25, and therefore, State
 appropriation would not be required.
   Effective Date for this  proposed  legislation:  Upon  enactment,  and
 would,  as  it relates to the NYCERS, be deemed retroactive to September
 11, 2001.
   DEADLINES UNDER EXISTING PROVISIONS: Under current law, as enacted  by
 Chapter  326  of  the  Laws  of  2016,  the deadline to file a Notice of
 Participation for Covered Groups is September 11, 2018.
   DEADLINES UNDER PROPOSED LEGISLATION: With respect to the  NYCRS,  the
 proposed  legislation  would  extend the deadline for filing a Notice of
 Participation under the WTC  Disability  Law  for  Covered  Groups  from
 September 11, 2018 to September 11, 2022.
   ADDITIONAL  EMPLOYER  CONTRIBUTIONS: The increase in employer contrib-
 utions resulting from the  proposed  legislation  would  depend  on  the
 number of additional members who timely file the required form, meet the

 A. 10499                            5
 
 requirements of the WTC Disability Law, and ultimately benefit from such
 Law.
   Most members eligible for the benefits provided under the WTC Disabil-
 ity  Law  have  already  filed the required form to register for partic-
 ipation.  Therefore, for the purpose of this Fiscal  Note  it  has  been
 assumed  that  only a minimal number of NYCRS members would benefit from
 the proposed legislation and that the increase in employer contributions
 would likely be de minimis.
   ACTUARIAL ASSUMPTIONS AND METHODS: The  additional  employer  contrib-
 utions presented herein have been calculated based on the same actuarial
 assumptions  and methods in effect for the June 30, 2016 (Lag) actuarial
 valuations used to determine the Preliminary Fiscal Year  2018  employer
 contributions  of  NYCRS.  Please note these assumptions and methods are
 subject to change as this valuation is not considered  final  until  the
 end of the Fiscal Year 2018.
   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
 (ERISA),  a Member of the American Academy of Actuaries, and a Fellow of
 the Conference of Consulting Actuaries. I meet the Qualification  Stand-
 ards  of the American Academy of Actuaries to render the actuarial opin-
 ion contained herein. To the best of my knowledge, the results contained
 herein have been prepared in accordance with generally accepted actuari-
 al principles and procedures and with the Actuarial Standards  of  Prac-
 tice issued by the Actuarial Standards Board.
   FISCAL  NOTE  IDENTIFICATION:  This Fiscal Note 2018-07 dated March 9,
 2018, was prepared by the Chief Actuary for  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 City Fire Pension Fund. This esti-
 mate is intended for use only during the 2018 Legislative Session.