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A07344 Summary:

BILL NOA07344B
 
SAME ASSAME AS S06306-B
 
SPONSORPheffer Amato
 
COSPNSR
 
MLTSPNSR
 
Amd 2, R & SS L
 
Provides WTC-related benefits to certain employees who worked at the Verrazano Bridge Toll Facility.
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A07344 Actions:

BILL NOA07344B
 
05/17/2023referred to governmental employees
01/03/2024referred to governmental employees
01/12/2024amend and recommit to governmental employees
01/12/2024print number 7344a
03/13/2024amend and recommit to governmental employees
03/13/2024print number 7344b
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A07344 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7344B
 
SPONSOR: Pheffer Amato
  TITLE OF BILL: An act to amend the retirement and social security law, in relation to providing WTC-related benefits to certain employees who worked at the Verrazano Bridge Toll Facility   PURPOSE: The purpose of this bill is to provide WTC-related benefits to employees who worked at the Verrazano Bridge Toll Facility during the debris removal from the World Trade Center.   SUMMARY OF PROVISIONS: Section 1 amends paragraph (e) of subdivision 36 of.Section 2 of the Retirement and Social Security law to include employees that worked at the Verrazano Bridge Toll Facility during the rescue, recovery, or cleanup operations at the World Trade Center. Section 2 is the effective date.   JUSTIFICATION: Enacting the proposed bill is essential for providing coverage to employees exposed to the harmful dust and debris that were removed from the World Trade Center site. A large portion of the debris removed from the World Trade Center site during the cleanup was transported across the Verrazzano-Narrows Bridge to the Fresh Kills Landfill. The employees who Worked at the Verrazzano-Narrows Bridge were exposed to the same harmful toxins as workers who performed rescue, recovery, or clean up, including workers of the Fresh Kills Landfill. Considering these factors, the employees who worked at the Verrazzano-Narrows bridge should have the same benefits and protections that were provided to all others exposed to these harmful toxins.   LEGISLATIVE HISTORY: New bill.   STATE AND LOCAL FISCAL IMPLICATIONS: Please see fiscal note.   EFFECTIVE DATE: This act shall take effect immediately and shall be deemed to have been in full force and effect on and after September 11, 2001.
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A07344 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7344--B
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 17, 2023
                                       ___________
 
        Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
          Committee on Governmental Employees -- recommitted to the Committee on
          Governmental Employees in accordance with Assembly Rule 3, sec.  2  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee  --  recommitted  to  the  Committee  on
          Governmental  Employees  in accordance with Assembly Rule 3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        AN  ACT  to amend the retirement and social security law, in relation to
          providing WTC-related benefits to certain employees who worked at  the
          Verrazano Bridge Toll Facility
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (e) of subdivision 36 of section 2 of the retire-
     2  ment and social security law, as amended by chapter 424 of the  laws  of
     3  2021, is amended to read as follows:
     4    (e)  "Participated  in  World Trade Center rescue, recovery or cleanup
     5  operations" shall mean any member who: (i) participated in  the  rescue,
     6  recovery,  or  cleanup  operations  at  the  World Trade Center site, as
     7  defined in paragraph (f) of this subdivision; (ii) worked at  the  Fresh
     8  Kills Land Fill in New York; (iii) worked at the New York city morgue or
     9  the  temporary  morgue  on pier locations on the west side of Manhattan;
    10  (iv) manned the barges between the west side of Manhattan and the  Fresh
    11  Kills  Land  Fill  in  New  York; (v) repaired, cleaned or rehabilitated
    12  vehicles or equipment, including emergency vehicle radio equipment owned
    13  by the city of New York that were contaminated by debris  in  the  World
    14  Trade  Center  site,  as  defined  in paragraph (f) of this subdivision,
    15  regardless of whether the work on the repair, cleaning or rehabilitation
    16  of said vehicles and equipment was  performed  within  the  World  Trade
    17  Center  site,  provided such work was performed prior to decontamination
    18  of such vehicles or equipment; [or] (vi) worked in the following depart-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10515-06-4

        A. 7344--B                          2
 
     1  ments, worksites and titles: (A) New York City Police Department  at  11
     2  Metrotec  Center  in Brooklyn or 1 Police Plaza in Manhattan as a Police
     3  Communication Technician (PCT), Supervisor Police Communication  Techni-
     4  cian  (SPCT),  Principal  Police  Communication  Technician I, Principal
     5  Police Communication Technician II, Principal Police Communication Tech-
     6  nician III, Administrative Manager - Communications, or  in  the  Police
     7  Administrative Aide title series; (B) Fire Department of the City of New
     8  York  at  35  Empire  Boulevard  in  Brooklyn, 79th Street Transverse in
     9  Manhattan, 83-98 Woodhaven Boulevard in Queens, 1129 East 180 Street  in
    10  the  Bronx,  65  Slosson  Avenue  in Staten Island, 9 Metrotec Center in
    11  Brooklyn, or 25 Rockaway Avenue in Brooklyn as  Fire  Alarm  Dispatchers
    12  (FAD),  Supervising  Fire  Alarm  Dispatchers I (SFAD), Supervising Fire
    13  Alarm Dispatchers II (Borough Supervisor), Deputy  Director  &  Director
    14  Fire  Dispatch Operations, or Assistant Commissioner for Communications;
    15  (C) for the Fire Department of the City of New York's Emergency  Medical
    16  Service  at  1  or 9 Metrotec Centers in Brooklyn, or 55-30 58 Street in
    17  Maspeth Queens as Emergency Medical Specialist-Level I (EMT),  Emergency
    18  Medical  Specialist  Level II-(Paramedic), Supervising Emergency Medical
    19  Specialist Level I (LT), Supervising Emergency Medical Specialist  Level
    20  II  (Capt),  Deputy  Chief EMS Communications, or Division Commander EMS
    21  Communications; or (vii) worked at the Verrazano Bridge  Toll  Facility.
    22  For  purposes  of  this  paragraph, the term "member" shall include each
    23  person who during the qualifying period  was  in  the  employment  of  a
    24  public  employer  which then participated for such employees in a public
    25  retirement system in this state, irrespective of whether the person  was
    26  a  participant in such system at that time, provided that the person has
    27  become a participant in such retirement system and has purchased service
    28  credit for a period of time that includes some or all of the  qualifying
    29  period  in accordance with provisions of law applicable to such purchase
    30  of service credit.
    31    § 2. This act shall take effect immediately and  shall  be  deemed  to
    32  have been in full force and effect on and after September 11, 2001.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill would expand the definition of a member who participated in
        World Trade Center (WTC)  rescue,  recovery  or  cleanup  operations  to
        include those who worked at the Verrazano Bridge Toll Facility.
          Insofar as this bill would affect the New York State and Local Employ-
        ees' Retirement System (NYSLERS) and the New York State and Local Police
        and  Fire  Retirement  System (NYSLPFRS), if this bill is enacted during
        the 2024 Legislative Session, it would (a)  reclassify  certain  retiree
        benefits  as  accidental  disability, (b) lead to an increased number of
        accidental disability benefits for future retirees, and (c) also lead to
        more deaths being classified as "accidental". The cost  of  the  revised
        benefit  will depend upon the applicant's age, service, salary, plan and
        benefit type otherwise payable.
 
        Benefit prior                  Ordinary      Performance
        to enactment:        None     Disability       of Duty
 
        NYSLERS cost for   10 times    5.5 times       3 times
        proposed benefit:   salary      salary          salary
 
        NYSLPFRS cost for  10 times    5.5 times       3 times
        proposed benefit:   salary      salary          salary

        A. 7344--B                          3
 
        Benefit prior       Service    Ordinary
        to enactment:     Retirement    Death
 
        NYSLERS cost for    2 times    4.5 times
        proposed benefit:   salary      salary
 
        NYSLPFRS cost for   2 times    13 times
        proposed benefit:   salary      salary
 
          The  exact  number  of  current  members as well as future members who
        could be affected by this  legislation  cannot  be  readily  determined.
        Pursuant  to  Section  25 of the Retirement and Social Security Law, the
        costs arising in the NYSLERS will be borne entirely by the State of  New
        York  and  will  require an itemized appropriation sufficient to pay the
        cost of the provision. The costs arising in the NYSLPFRS will be  shared
        by  the  State  of New York and the local participating employers of the
        NYSLPFRS.
          Further, we anticipate additional administrative  costs  to  implement
        the provisions of this legislation.
          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.  2024-18,  prepared  by
        the Actuary for the New York State and Local Retirement System.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY:  This  proposed  legislation would expand the definition of a
        member who participated in  World  Trade  Center  rescue,  recovery,  or
        cleanup  operations  to include those who worked at the Verrazano Bridge
        Toll Facility.
 
              ILLUSTRATION - INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
                 by Fiscal Year for the first 25 years ($ in Thousands)
                                                Per Incident
                       Year                Disability     Death
                       2025                        30        116
                       2026                        30        116
                       2027                        30        116
                       2028                        30        116
                       2029                        30        116
                       2030                        30        116

        A. 7344--B                          4
 
                       2031                        30        116
                       2032                        30        116
                       2033                        30        116
                       2034                        30        116
                       2035                        30        116
                       2036                        30        116
                       2037                        30        116
                       2038                        30        116
                       2039                         0          0
                       2040                         0          0
                       2041                         0          0
                       2042                         0          0
                       2043                         0          0
                       2044                         0          0
                       2045                         0          0
                       2046                         0          0
                       2047                         0          0
                       2048                         0          0
                       2049                         0          0
           Employer contribution impact beyond Fiscal Year 2049 is not shown.
          The potential increases in employer contributions will be allocated to
        the Triborough Bridge and Tunnel Authority.
 
                  EXPECTED INCREASE (DECREASE) IN ACTUARIAL LIABILITIES
                          as of June 30, 2023 ($ in Thousands)
             Present Value (PV)            Per Disability  Per Death
             PV of Benefits:                    254            983
             PV of Employee Contributions:      0              0
             PV of Employer Contributions:      254            983
             Unfunded Accrued Liabilities:      254            983
 
                       AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
             Recognized as Ongoing         Per Disability      Per Death
             Gain/Loss
             Number of Payments:                14                  14
             Amortization Payment:              30 K                116 K
 
          CENSUS DATA: The number of members and eligible retirees who worked at
        the  Verrazano bridge during the applicable period is unknown. The esti-
        mates presented herein are based on preliminary census data collected as
        of June 30, 2023. The census data for  the  potentially  impacted  popu-
        lation used to develop the average costs in this Fiscal Note is based on
        TBTA  members  active  during  the  applicable  period and is summarized
        below.
 
                                                     NYCERS
                            Active Members
                            - Number Count:              220
                            - Average Age:               56.0
                            - Average Service:           25.1
                            - Average Salary:          119,300
 
                            Term. Vested Members
                            - Number Count:              31
                            - Average Age:               58.0

        A. 7344--B                          5
 
                            Receiving Members
                            - Number Count:              902
                            - Average Age:                68.2
 
          IMPACT  ON  MEMBER  BENEFITS: Currently, a member who becomes disabled
        would be eligible for  an  applicable  ordinary  disability  retirement,
        generally  a  lifetime  payment  of  1/3 of salary or service benefit if
        greater. The ordinary death benefit is  a  lump  sum  payment  generally
        equal  to  three times the member's salary for active members or a frac-
        tion of the retirement benefit for retirees.
          Under the proposed legislation, the  accidental  death  benefit  would
        generally  be  equal  to  a  lifetime  benefit of 50%, or 100% for those
        eligible for Special Accidental Death  Benefits,  of  a  member's  wages
        earned during the last year of service.
          ASSUMPTIONS  AND  METHODS:  The  estimates  presented herein have been
        calculated based on the Revised 2021 Actuarial Assumptions  and  Methods
        of NYCERS.
          The  cost of this proposed legislation could vary greatly depending on
        the number of future members who benefit and on their length of service,
        age, and salary history.
          The estimated financial impact for disabled members  has  been  calcu-
        lated assuming 50% would have retired under an Ordinary Disability bene-
        fit,  and  50%  would have continued working if the proposed legislation
        were not passed.
          RISK AND UNCERTAINTY: The costs presented in this Fiscal  Note  depend
        highly  on  the  actuarial  assumptions, methods, and models used, demo-
        graphics of the impacted population and other factors  such  as  invest-
        ment,  contribution, and other risks. If actual experience deviates from
        actuarial  assumptions,  the  actual  costs  could  differ  from   those
        presented  herein.  Quantifying  these risks is beyond the scope of this
        Fiscal Note.
          This Fiscal Note is intended to measure  pension-related  impacts  and
        does  not  include other potential costs (e.g., administrative and Other
        Postemployment Benefits).
          STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
        sky are members of the Society of Actuaries and the American Academy  of
        Actuaries.  We  are  members of NYCERS but do not believe it impairs our
        objectivity and we meet the  Qualification  Standards  of  the  American
        Academy  of  Actuaries to render the actuarial opinion contained herein.
        To the best of our knowledge, the results  contained  herein  have  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 2024-22 dated March 11,
        2024 was prepared by the Chief Actuary for the New York City  Retirement
        Systems and Pension Funds. This estimate is intended for use only during
        the 2024 Legislative Session.
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