S T A T E   O F   N E W   Y O R K
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                                   6856
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2025
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to provide certain enhanced disability  retirement  benefits  for
   Kyle  Brower  relating  to participation in World Trade Center rescue,
   recovery, or 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, rule or regulation to the
 contrary, Kyle Brower, a retired member of the New York state  teachers'
 retirement  system who participated in World Trade Center rescue, recov-
 ery, or cleanup operations, as such participation is defined in  section
 2  of  the retirement and social security law, who incurred a qualifying
 World Trade Center condition, as defined in such section, that is deter-
 mined 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, and who retired for disability in 2013,
 shall  be  paid  a  performance  of duty disability retirement allowance
 equal to three-quarters of final  average  salary  and  shall  have  his
 retirement  benefit  recalculated  as of 2013 if he shall file a written
 request to that effect with the head of the  New  York  state  teachers'
 retirement system within one year of the effective date of this act. The
 payment of such pension shall be subject to the provisions of section 64
 of the retirement and social security law.
   §  2. Notwithstanding any other provision of law to the contrary, none
 of the provisions of this act shall be subject  to  section  25  of  the
 retirement and social security law.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  allow Kyle Brower, a retired member of the New York
 State Teachers' Retirement System  who  has  a  qualifying  World  Trade
 Center condition, to receive a performance of duty disability retirement
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10741-03-5
              

 S. 6856                             2
 
 benefit  equal to three-quarters of final average salary, instead of the
 ordinary disability benefit he has been receiving.  Mr. Brower's pension
 would be recalculated prospectively and with retroactive  adjustment  to
 payments  made  since his date of retirement of July 9, 2013. Mr. Brower
 must file a written request with the head of the New York  State  Teach-
 ers'  Retirement  System  within  one year of the effective date of this
 bill.
   The cost of this benefit is equal to the increase in the present value
 of liabilities, which is estimated to be $937,000. This  cost  would  be
 borne  by  the  employers  of  members  of  the New York State Teachers'
 Retirement System.
   Member data is from the System's most recent actuarial valuation files
 as of June 30, 2024, consisting of data provided by the employers to the
 Retirement System. The most recent data distributions and statistics can
 be found in the System's Annual Report for fiscal year  ended  June  30,
 2024. System assets are as reported in the System's financial statements
 and  can  also be found in the System's Annual Report. Actuarial assump-
 tions and methods will be provided in the System's  Actuarial  Valuation
 Report as of June 30, 2024.
   The  source  of  this  estimate is Fiscal Note 2025-15 dated March 24,
 2025 prepared by the Office of the Actuary of the New York State  Teach-
 ers'  Retirement  System  and  is  intended for use only during the 2025
 Legislative Session. I, Richard A. Young, am the Chief Actuary  for  the
 New  York State Teachers' Retirement System. I am a member of the Ameri-
 can Academy of Actuaries and I meet the Qualification Standards  of  the
 American  Academy of Actuaries to render the actuarial opinion contained
 herein.