S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9113
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1. Paragraph 4 of subdivision d of section 605 of the retire-
 ment and social security law, as added by chapter 252  of  the  laws  of
 2019, is amended to read as follows:
   4.  Notwithstanding any other law, rule or regulation to the contrary,
 any member who had an active membership in the New York state and  local
 employees'  retirement system or the New York state teachers' retirement
 system, when such member participated  in  World  Trade  Center  rescue,
 recovery,  or  cleanup  operations,  as such participation is defined in
 section two of this chapter, OR ANY ACTIVE  MEMBER  WITH  AT  LEAST  TEN
 YEARS OF SERVICE CREDIT WHO DID NOT HAVE AN ACTIVE MEMBERSHIP IN THE NEW
 YORK  STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK STATE
 TEACHERS' RETIREMENT SYSTEM AT THE TIME SUCH INDIVIDUAL PARTICIPATED  IN
 SUCH WORLD TRADE CENTER RESCUE, RECOVERY, OR CLEANUP OPERATIONS, BUT WHO
 IS  NOW  AN  ACTIVE MEMBER WITH A PARTICIPATING EMPLOYER IN THE NEW YORK
 STATE AND LOCAL EMPLOYEES' RETIREMENT  SYSTEM  OR  THE  NEW  YORK  STATE
 TEACHERS'  RETIREMENT  SYSTEM, AND who incurred a qualifying World Trade
 Center condition, as defined in section two of  this  chapter,  that  is
 determined  to  have  been  incurred in the performance and discharge of
 duty and is the natural and proximate result of an accident  not  caused
 by  such member's own willful negligence, shall be paid a performance of
 duty disability retirement allowance equal to  three-quarters  of  final
 average  salary.  The  payment  of  such pension shall be subject to the
 provisions of section sixty-four of this chapter.
   § 2. Subdivision h-1 of section 507 of the retirement and social secu-
 rity law, as added by chapter 252 of the laws of  2019,  is  amended  to
 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
 
   h-1.  Notwithstanding any other law, rule or regulation to the contra-
 ry, any member who had an active membership in the New  York  state  and
 local  employees'  retirement  system  or  the  New York state teachers'
 retirement system, when such member participated in World  Trade  Center
 rescue,  recovery,  or  cleanup  operations,  as  such  participation is
 defined in section two of this chapter, OR ANY  ACTIVE  MEMBER  WITH  AT
 LEAST  TEN YEARS OF SERVICE CREDIT WHO DID NOT HAVE AN ACTIVE MEMBERSHIP
 IN THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE  NEW
 YORK  STATE  TEACHERS'  RETIREMENT  SYSTEM  AT  THE TIME SUCH INDIVIDUAL
 PARTICIPATED IN SUCH WORLD TRADE CENTER  RESCUE,  RECOVERY,  OR  CLEANUP
 OPERATIONS, BUT WHO IS NOW AN ACTIVE MEMBER WITH A PARTICIPATING EMPLOY-
 ER  IN  THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE
 NEW YORK STATE TEACHERS' RETIREMENT SYSTEM, AND who incurred a  qualify-
 ing  World  Trade  Center  condition,  as defined in section two of this
 chapter, that is determined to have been incurred in the performance and
 discharge of duty and is the natural and proximate result of an accident
 not caused by such member's own willful  negligence,  shall  be  paid  a
 performance of duty disability retirement allowance equal to three-quar-
 ters  of  final  average  salary.  The  payment of such pension shall be
 subject to the provisions of section sixty-four of this chapter.
   § 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.
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   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.