S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7009
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 24, 2021
                                ___________
 
 Introduced  by  Sen.  SAVINO -- 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 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:
 
   Section 1. Paragraph (a) of subdivision 36 of section 2 of the retire-
 ment and social security law, as amended by chapter 266 of the  laws  of
 2018, 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 EITHER
 filed  a written and sworn statement with the member's retirement system
 on a form provided by such system, OR AS ALLOWED BY THE MEMBER'S RETIRE-
 MENT SYSTEM, ELECTRONICALLY SUBMITTED A STATEMENT ON A FORM PROVIDED  BY
 SUCH  SYSTEM  THROUGH  A SECURE ONLINE PORTAL MAINTAINED BY THE MEMBER'S
 RETIREMENT SYSTEM THAT HAS DULY VALIDATED THE MEMBER'S  IDENTITY,  indi-
 cating  the  underlying dates and locations of employment not later than
 September eleventh, two thousand twenty-two, and (ii)  such  member  has
 either  successfully passed a physical examination for entry into public
 service, or authorized 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08579-07-1

 S. 7009                             2
 
 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  seven-
 ty-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 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 or sections five
 hundred seven-c, six hundred five-b, six hundred five-c, or six  hundred
 seven-b  of  this  chapter.  The deadline for filing a written and sworn
 statement required by  subparagraph  (i)  of  this  paragraph  shall  be
 September eleventh, two thousand 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 beneficiary 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 chap-
 ter.  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 twenty-two, including those that are rejected for
 filing as untimely.
   §  2.  Subparagraph  (e) of paragraph 1 and clause (i) of subparagraph
 (b) of paragraph 2 of subdivision h of section 363-bb of the  retirement
 and  social security law, as amended by chapter 495 of the laws of 2007,
 are amended to read as follows:
   (e) In order to be eligible for consideration  for  such  presumption,
 such  member  must  file  EITHER  a written and sworn statement with the
 member's retirement system on a form provided  by  such  system,  OR  AS
 ALLOWED  BY  THE  MEMBER'S  RETIREMENT  SYSTEM,  ELECTRONICALLY SUBMIT A
 STATEMENT ON A FORM PROVIDED BY SUCH  SYSTEM  THROUGH  A  SECURE  ONLINE
 PORTAL  MAINTAINED BY THE MEMBER'S RETIREMENT SYSTEM THAT HAS DULY VALI-
 DATED THE MEMBER'S IDENTITY,  indicating  the  dates  and  locations  of
 employment.  Such  statement  must  be  filed  not later than four years
 following the effective date of chapter one hundred four of the laws  of
 two thousand five.
   (i)  the  member  files  EITHER a written and sworn statement with the
 member's retirement system on a form provided  by  such  system,  OR  AS
 ALLOWED  BY  THE  MEMBER'S  RETIREMENT  SYSTEM, ELECTRONICALLY SUBMITS A
 STATEMENT ON A FORM PROVIDED BY SUCH  SYSTEM  THROUGH  A  SECURE  ONLINE
 PORTAL  MAINTAINED BY THE MEMBER'S RETIREMENT SYSTEM THAT HAS DULY VALI-
 DATED THE MEMBER'S IDENTITY,  indicating  the  dates  and  locations  of
 employment within four years following the effective date of chapter one
 hundred four of the laws of two thousand five; and
   § 3. Clause (i) of subparagraph (b) of paragraph 2 of subdivision h of
 section  605  of  the  retirement and social security law, as amended by
 chapter 489 of the laws of 2008, is amended to read as follows:

 S. 7009                             3
 
   (i) the member files EITHER a written and  sworn  statement  with  the
 member's  retirement  system  on  a  form provided by such system, OR AS
 ALLOWED BY THE MEMBER'S  RETIREMENT  SYSTEM,  ELECTRONICALLY  SUBMITS  A
 STATEMENT  ON  A  FORM  PROVIDED  BY SUCH SYSTEM THROUGH A SECURE ONLINE
 PORTAL  MAINTAINED BY THE MEMBER'S RETIREMENT SYSTEM THAT HAS DULY VALI-
 DATED THE MEMBER'S IDENTITY,  indicating  the  dates  and  locations  of
 employment within four years following the effective date of chapter one
 hundred four of the laws of two thousand five; and
   §  4.  Paragraph a of section 13-168 of the administrative code of the
 city of New York, as amended by chapter 489 of  the  laws  of  2008,  is
 amended to read as follows:
   a.  Medical examination of a member in city-service for accident disa-
 bility and investigation of all statements and certifications by him  or
 her  or  on his OR HER behalf in connection therewith shall be made upon
 the application of the head  of  the  agency  in  which  the  member  is
 employed,  or  upon the application of a member or of a person acting in
 his or her behalf, EITHER IN WRITING OR,  AS  ALLOWED  BY  THE  MEMBER'S
 RETIREMENT  SYSTEM,  ELECTRONICALLY SUBMITTED ON A FORM PROVIDED BY SUCH
 SYSTEM THROUGH A SECURE ONLINE PORTAL MAINTAINED BY THE MEMBER'S RETIRE-
 MENT SYSTEM THAT HAS DULY VALIDATED THE MEMBER'S IDENTITY, stating  that
 such  member is physically or mentally incapacitated for the performance
 of city-service, as a natural and proximate result of such city-service,
 and certifying the time,  place  and  conditions  of  such  city-service
 performed  by  such member resulting in such alleged disability and that
 such alleged disability was not the result of wilful negligence  on  the
 part  of such member and that such member should, therefore, be retired.
 Such application shall be filed within two years from the  happening  of
 such  accident,  except,  however,  that  such requirement as to time of
 filing shall not apply to any such application which (1) is filed by  or
 with  respect  to a member who is a member of the uniformed force of the
 department of sanitation (as such force is defined in subdivision  a  of
 section  13-154  of  this chapter) and is based on an accident occurring
 wholly on or after July first, nineteen hundred sixty-three, or  (2)  if
 filed by a vested member incapacitated as a result of a qualifying World
 [trade]  TRADE Center condition as defined in section two of the retire-
 ment and social security law. If such medical examination  and  investi-
 gation  shows that any member, by whom or with respect to whom an appli-
 cation  is  filed  under  this  section,  is  physically   or   mentally
 incapacitated for the performance of city-service as a natural and prox-
 imate result of an accidental injury received in such city-service while
 a  member,  and that such disability was not the result of wilful negli-
 gence on the part of such member and that such member should be retired,
 the medical board shall so certify to the board stating the time,  place
 and  conditions  of such city-service performed by such member resulting
 in such disability.   The board shall  review  such  certification  with
 respect to any issues other than the existence or non-existence of phys-
 ical or mental incapacitation and shall determine the member's eligibil-
 ity  with  respect  to  any  such issues. Upon such certification by the
 medical board of the member's physical or mental  incapacitation  and  a
 determination  by  the board finding the member otherwise eligible, such
 member shall be retired for accident disability effective the  date  the
 application is filed or the date immediately following the last date the
 member was on the payroll, whichever is later.
   § 5. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

 S. 7009                             4

   This  bill  would  authorize a retirement system to make available the
 option for a member, or eligible beneficiary in the case of  a  member's
 death,  to  electronically  submit  a  statement through a secure online
 portal maintained by the member's retirement system indicating that  the
 member  participated  in  World Trade Center rescue, recovery or cleanup
 operations for a qualifying period.
   Insofar as this bill affects the New York State and  Local  Retirement
 System  (NYSLRS),  certain  technology  upgrades  would  be necessary to
 expand current functionality of the online portal, generating additional
 administrative costs to implement the  provisions  of  this  legislation
 should NYSLRS make this electronic filing option available to members.
   Summary of relevant resources:
   Membership  data as of March 31, 2020 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2020 actuari-
 al valuation.  Distributions and other statistics can be  found  in  the
 2020  Report  of the Actuary and the 2020 Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2020
 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, 2020
 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 March 31, 2021, and intended for use only  during
 the  2021  Legislative  Session, is Fiscal Note No. 2021-67, prepared by
 the Actuary for the New York State and Local Retirement System.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill (bill A6934) would amend subdivision h of Section 605 of the
 Retirement and Social Security Law to allow the New York State Teachers'
 Retirement System (NYSTRS) to make available the option for a member, or
 a member's beneficiary, to electronically submit a statement on  a  form
 provided  by  NYSTRS through a secure online portal maintained by NYSTRS
 indicating such member participated in the World  Trade  Center  rescue,
 recovery  or cleanup operations during a qualifying period. Currently, a
 member or beneficiary must file a paper form provided by NYSTRS to indi-
 cate their participation in the World Trade Center rescue,  recovery  or
 cleanup operations during a qualifying period.
   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
 Annual Report. System assets are as reported in the  System's  financial
 statements,  and can also be found in the System's Annual Report.  Actu-
 arial assumptions and methods are provided  in  the  System's  Actuarial
 Valuation Report.
   The  source of this estimate is Fiscal Note 2021-50 dated May 12, 2021
 prepared by the Actuary of  the  New  York  State  Teachers'  Retirement
 System and is intended for use only during the 2021 Legislative Session.

 S. 7009                             5
 
 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: This proposed legislation, as it relates to the New
 York City Retirement Systems and Pension Funds  (NYCRS)1,  would,  among
 other things, amend provisions of the Retirement and Social Security 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  electronically2.  The  electronic filing would provide an
 alternative mechanism to the current written and sworn Notice of Partic-
 ipation filing.
   EFFECTIVE DATE: Upon enactment.
   BACKGROUND: Currently, in order  to  be  eligible  for  WTC  benefits,
 members must file a written and sworn WTC Notice of Participation state-
 ment  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

 S. 7009                             6
 
 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 2021-20 dated April 22,
 2021 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 2021 Legislative Session.