NY State Senate Bill 2023-S7039A

Senate Bill S7039A

2023-2024 Legislative Session

Relates to disability retirement benefits for Lawrence R. Hrazanek, a participant in World Trade Center rescue, recovery, or cleanup operations

download bill text pdf

Current Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 19, 2024	print number 7039a
Jan 19, 2024	amend and recommit to civil service and pensions
Jan 03, 2024	referred to civil service and pensions
May 17, 2023	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2023-S7039 - Details

See Assembly Version of this Bill:: A7412
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement

2023-S7039 - Summary

Provides accidental disability retirement benefits for Lawrence R. Hrazanek, a participant in World Trade Center rescue, recovery, and cleanup operations.

2023-S7039 - Sponsor Memo

                                 
BILL NUMBER: S7039

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act relating to disability retirement benefits for Lawrence R. Hraza-
nek, a participant in World Trade Center rescue, recovery, and cleanup
operations

 
PURPOSE:

Allows Lawrence. R Hrazanek, a participant in the World Trade Center
rescue, recovery, and cleanup operations to receive 75% accidental disa-
bility retirement benefit.

 
SUMMARY OF PROVISIONS:

Section 1 would allow Lawrence R Hrazanek to receive 75% accidental
disability retirement benefit as a result of his permanent incapaci-
tation due to his participation in the World Trade Center rescue, recov-
ery, and cleanup operations

Section 2 states that New York State will be responsible for all costs
associated with implementing this legislation.

Section 3 states the effective date. Section 4 outlines the fiscal note.

 
JUSTIFICATION:

After the September 11th World Trade Center attacks, Lawrence Hrazanek,
who at the time was working as an excise tax investigator for the New
York Department of Taxation. Before his retirement, the New York State
and local employees' retirement system deemed him to be incapacitated as
a result of this.

Although the intent of the law was to provide state agency employees who
participated in the rescue, recovery and cleanup after the 9/11 attacks
the same 75% accidental disability retirement benefits granted to first
responders, agency employees who retired before 2019 are unable to
access these benefits. As Lawrence Hrazanek retired in 2015, he is
unable to receive the benefits the legislature unanimously voted to
grant state agency employees who participated in the rescue, recovery
and/or cleanup after the 9/11 attacks.  This legislation will allow
Lawrence Hrazanek to receive 75% accidental disability retirement bene-
fit, as was the original intent of the law.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

This bill would allow Lawrence R. Hrazanek, a disability retiree of the
New York State and Local Employees' Retirement System who previously
worked for the New York State Department of Taxation and Finance, to be
entitled to an accidental disability retirement benefit equal to 75% of
final average salary, payable pursuant to § 605(d)(4) of the Retirement
and Social Security Law, as a result of their participation in the World
Trade Center (WTC) rescue, recovery and cleanup operations. The retire-
ment benefit would be recalculated and payment would be made retroactive
to the date of retirement. If this bill is enacted during the 2023
legislative session, there will be an immediate past service cost of
approximately $761,000 which will be borne by the State of New York as a
one-time payment. This estimate assumes that payment will be made on
March 1, 2024.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7039 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7039
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT relating to disability retirement benefits for Lawrence R. Hraza-
   nek, a participant in World Trade Center rescue, recovery, and cleanup
   operations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Notwithstanding any other law to the contrary, Lawrence R.
 Hrazanek, a senior investigator employed by the New York  state  depart-
 ment  of  taxation  and finance who retired from such service in October
 2015, and who participated in the World Trade  Center  rescue,  recovery
 and  cleanup  operations  as  an excise tax investigator of the New York
 state department of taxation and finance, shall be  entitled  to  a  75%
 accidental  disability  retirement  benefit  pursuant  to paragraph 4 of
 subdivision d of section 605 of the retirement and social  security  law
 based  upon the determination by the New York state and local employees'
 retirement system that Lawrence R. Hrazanek  was  permanently  incapaci-
 tated for the performance of his duties as a result of his participation
 in  the World Trade Center rescue, recovery, or cleanup operations. Such
 benefit shall be payable from the date of his retirement.
   § 2. All costs associated with implementing this act shall be borne by
 the state of New York.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would allow Lawrence R. Hrazanek, a  disability  retiree  of
 the New York State and Local Employees' Retirement System who previously
 worked  for the New York State Department of Taxation and Finance, to be
 entitled to an accidental disability retirement benefit equal to 75%  of
 final  average salary, payable pursuant to § 605(d)(4) of the Retirement
 and Social Security Law, as a result of their participation in the World
 Trade Center (WTC) rescue, recovery and cleanup operations. The  retire-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11087-02-3

 S. 7039                             2
 
 ment benefit would be recalculated and payment would be made retroactive
 to the date of retirement.
   If  this  bill  is  enacted during the 2023 legislative session, there
 will be an immediate past service cost of approximately  $761,000  which
 will be borne by the State of New York as a one-time payment. This esti-
 mate assumes that payment will be made on March 1, 2024.
   Summary of relevant resources:
   Membership  data as of March 31, 2022 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2022 actuari-
 al valuation.  Distributions and other statistics can be  found  in  the
 2022  Report  of the Actuary and the 2022 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in the  2020,
 2021,  and  2022  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, 2022
 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 May 15, 2023, and intended for  use  only  during
 the  2023  Legislative Session, is Fiscal Note No. 2023-155, prepared by
 the Actuary for the New York State and Local Retirement System.

2023-S7039A (ACTIVE) - Details

See Assembly Version of this Bill:: A7412
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement

2023-S7039A (ACTIVE) - Summary

Provides accidental disability retirement benefits for Lawrence R. Hrazanek, a participant in World Trade Center rescue, recovery, and cleanup operations.

2023-S7039A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7039A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act relating to disability retirement benefits for Lawrence R. Hraza-
nek, a participant in World Trade Center rescue, recovery, and cleanup
operations

 
PURPOSE:

Allows Lawrence R Hrazanek, a participant in the World Trade Center
rescue, recovery, and cleanup operations to receive 75% accidental disa-
bility retirement benefit.

 
SUMMARY OF PROVISIONS:

Section 1 would allow Lawrence R Hrazanek to receive 75% accidental
disability retirement benefit as a result of his permanent incapaci-
tation due to his participation in the World Trade Center rescue, recov-
ery, and cleanup operations

Section 2 states that New York State will be responsible for all costs
associated with implementing this legislation.

Section 3 states the effective date.

Section 4 outlines the fiscal note.

 
JUSTIFICATION:

After the September 11th World Trade Center attacks, Lawrence Hrazanek,
who at the time was working as an excise tax investigator for the New
York Department of Taxation, aided in the cleanup efforts. Before his
retirement, the New York State and local employees' retirement system
deemed him to be incapacitated as a result of this.

Although the intent of the law was to provide state agency employees who
participated in the rescue, recovery and cleanup after the 9/11 attacks
the same 75% accidental disability retirement benefits granted to first
responders, agency employees who retired before 2019 are unable to
access these benefits. As Lawrence Hrazanek retired in 2015, he is
unable to receive the benefits the legislature unanimously voted to
grant state agency employees who participated in the rescue, recovery
and/or cleanup after the 9/11 attacks.

This legislation will allow Lawrence Hrazanek to receive 75% accidental
disability retirement benefit, as was the original intent of the law.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL LIPLICATIONS:

If this bill is enacted during the 2024 legislative session, there will
be an immediate past service cost of approximately $793,000 which will
be borne by the State of New York as a one-time payment.  This estimate
assumes that payment will be made on March 1, 2025.
 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7039A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7039--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN ACT relating to disability retirement benefits for Lawrence R. Hraza-
   nek, a participant in World Trade Center rescue, recovery, and cleanup
   operations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any other law to the contrary, Lawrence  R.
 Hrazanek,  a  senior investigator employed by the New York state depart-
 ment of taxation and finance who retired from such  service  in  October
 2015,  and  who  participated in the World Trade Center rescue, recovery
 and cleanup operations as an excise tax investigator  of  the  New  York
 state  department  of  taxation  and finance, shall be entitled to a 75%
 accidental disability retirement benefit  pursuant  to  paragraph  4  of
 subdivision  d  of section 605 of the retirement and social security law
 based upon the determination by the New York state and local  employees'
 retirement  system  that  Lawrence R. Hrazanek was permanently incapaci-
 tated for the performance of his duties as a result of his participation
 in the World Trade Center rescue, recovery, or cleanup operations.  Such
 benefit shall be payable from the date of his retirement.
   § 2. All costs associated with implementing this act shall be borne by
 the state of New York.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  allow Lawrence R. Hrazanek, a disability retiree of
 the New York State and Local Employees' Retirement System who previously
 worked for the New York State Department of Taxation and Finance, to  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11087-03-4

 S. 7039--A                          2
 
 entitled  to an accidental disability retirement benefit equal to 75% of
 final average salary, payable pursuant to §605(d)(4) of  the  Retirement
 and Social Security Law, as a result of their participation in the World
 Trade  Center (WTC) rescue, recovery and cleanup operations. The retire-
 ment benefit would be recalculated and payment would be made retroactive
 to the date of retirement.
   If this bill is enacted during the  2024  legislative  session,  there
 will  be  an immediate past service cost of approximately $793,000 which
 will be borne by the State of New York as a one-time payment. This esti-
 mate assumes that payment will be made on March 1, 2025.
   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.
   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 January 3, 2024, and intended for use only during
 the  2024  Legislative  Session, is Fiscal Note No. 2024-12, prepared by
 the Actuary for the New York State and Local Retirement System.

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