Amd SS13-551, 13-168, 13-252.1 & 13-353.1, NYC Ad Cd; amd S2575, Ed L; amd SS507-c, 605-b, 605-c, 607-b & 2,
R & SS L; amd SS161, 162, 165 & 168, Work Comp L
Addresses limitations in existing disability provisions intended to protect public employees who suffered injuries or illnesses in WTC rescue, recovery and cleanup operations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7803A
SPONSOR: Abbate TITLE OF BILL: An act to amend the administrative code of the city of
New York, the education law, the retirement and social security law and
the workers' compensation law, in relation to injuries or illnesses
suffered as a result of participation in rescue, recovery and cleanup
directly related to the attacks at the World Trade Center on September
11, 2001
PURPOSE:
This bill would implement the recommendations of the September Eleventh
Worker Protection Task Force ("911 Task Force") to address limitations
in existing disability laws that were intended to protect public employ-
ees who suffer injuries or illnesses as a result of their participation
in rescue, recovery and cleanup directly related to the terrorist
attacks of September Eleventh by (1) including members of New York City
pension systems who were inadvertently excluded from prior legislation;
(2) clarifying the definition of "qualifying conditions" and (3) reopen-
ing and extending the expired statutory deadline for filing statements
of participation.
SUMMARY OF PROVISIONS:
Section 1 would amend section 13-551 of the Administrative Code of the
City of New York to provide members in tiers 1 and 2 of the Teachers
Retirement System ("TRS") with the protections currently afforded
members in tiers 3 and 4 of this fund under L.2005, ch.104, as amended;
L.2005, ch. 93, as amended; L.2006, ch.102, as amended; L. 2006,
ch.444, as amended; L. 2006, ch. 445, as amended; L.2007, ch. 5, as
amended; L.2007, ch. 214, as amended; L. 2007, ch.495, as amended;
L.2008, ch. 489, as amended; L, 2010, ch.361 (the "World Trade Center
Disability Law").
Section 2 would amend section 2575 of the Education Law to provide
members in tiers 1 and 2 of the Board of Education Retirement System
("BERS") with the protections currently afforded members in tiers 3 and
4 of this fund under the World Trade Center Disability Law.
Section 3 would amend section 13-168 of the Administrative Code of the
City of New York to provide vested members in tiers 1 and 2 of the New
York City Employees' Retirement System ("NYCERS") with the protections
currently afforded members in other tiers of this fund under the World
Trade Center Disability Law.
Section 4 would amend section 13-252.1 of the Administrative Code of the
City of New York to provide vested members of the New York City Police
Pension Fund in tiers 1 and 2 with the protections currently afforded
vested members in other tiers of this fund under the World Trade Center
Disability Law.
Section 5 would amend section 13-352.1 of the Administrative Code of the
City of New York to provide vested members of the New York Fire Depart-
ment Pension Fund in tiers 1 and 2 with the protections currently
afforded vested members in other tiers of this fund under the World
Trade Center Disability Law.
Section 6 would amend section 507-c of the Retirement and Social Securi-
ty Law, which relates to Uniformed Corrections personnel to provide
vested members in tier 3 of the New York City Employees' Retirement
System with the protections currently afforded vested members in other
tiers of this fund under the World Trade Center Disability Law.
Section 7 would amend section 605-b of the Retirement and Social Securi-
ty Law, which relates to Uniformed Sanitation personnel, to provide
vested members in tier 4 of the New York City Employees' Retirement
System with the protections currently afforded vested members in other
tiers of this fund under the World Trade Center Disability Law.
Section 8 would amend section 605-c of the Retirement and Social Securi-
ty Law, which relates to Deputy Sheriffs, to provide vested members in
tier 4 of the New York City Employees' Retirement System with the
protections currently afforded vested members in other tiers of this
fund under the World Trade Center Disability Law.
Section 9 would amend section 607-b of the Retirement and Social Securi-
ty Law, which relates to Emergency Medical Technicians employed by the
New York City Health and Hospitals Corporation, to provide vested
members in tier 4 of the New York City Employees' Retirement System with
the protections currently afforded vested members in other tiers of this
fund under the World Trade Center Disability Law.
Section 10 would amend section 161 of the Workers' Compensation Law to
amend the definition of qualifying condition to eliminate the use of the
ambiguous phrase, "latent diseases and conditions" and replace it with a
listing of qualifying conditions used in the corresponding definition
contained in the Retirement and Social Security Law at subdivision e of
paragraph 36 of section 2.
Section 11 would amend section 162 of the Workers' Compensation Law to
extend the period for filing statements of participation in the World
Trade Center rescue, recovery and cleanup operations to September 11,
2014.
Section 12 would amend section 165 of the Workers' Compensation Law to
provide for reopening of disallowed claims barred by section 162 for
failure to register timely.
Section 13 would amend section 168 of the Workers' Compensation Law to
allow claims by participants whose disablement occurred between Septem-
ber 12, 2008, and September 11, 2012, to be filed by claimants, or
reconsidered by the board.
Section 14 would amend paragraph 36 of section 2 of the Retirement and
Social Security Law to extend the period for filing statements to
September 11, 2014 for qualifying individuals.
Section 14 provides that the bill would be effective immediately and to
have been deemed in full force and effect on and after September 11,
2001.
LEGISLATIVE HISTORY:
The World Trade Center Disability Law was enacted as L.2005, ch. 104,
and has been amended over the years, to provide public employees who
engaged in certain rescue, recovery and cleanup operations in connection
with the World Trade Center tragedy of September 11, 2001, and their
families, in the case of death, with rebuttable presumption that an
established disability or death was the result of a work-related acci-
dent, for purposes of accidental disability retirement and accidental
death benefits, and reclassifications thereto, when such disability or
death resulted from statutorily specified qualifying medical conditions.
Such presumption is only available for those employees who filed regis-
tration statements identifying their participation in covered rescue,
recovery or cleanup operations by the current statutory deadline of
September 11, 2010, and who meet the various other statutory conditions.
The 911 Task Force's initial recommendations were enacted in 2008 by L.
2008, ch. 489.
The extension of the World Trade Center Disability Law to tiers 1 and 2
of the Teachers Retirement System of the City of New York was also the
subject of legislation introduced in 2008 at A9039A/S6283-A.
STATEMENT IN SUPPORT:
This bill would implement recommendations of the 911 Task Force. The 911
Task Force was established in 2005 to, inter alia, identify, examine,
and make recommendations concerning the limitations of existing laws in
providing disability coverage to employees who were, or will become,
injured or sick as a direct result of this participation rescue, recov-
ery and cleanup operations related to the terrorist attack on the World
Trade Center.
In 2008 the legislature passed a bill to implement the 911 Task Force's
first set of recommendations, which included amendments intended to
protect public employees who engaged in rescue, recovery and cleanup
operations and separated from service with vested retirement rights
before they became disabled due to a "qualifying World Trade Center
condition." Those amendments allowed vested members to use the World
Trade Center Disability Law's presumption in applying for, or converting
to, an accidental disability retirement.
After enactment of the 2008 legislation, the 911 Task Force and New York
City identified certain tiers and systems where vested members had been
inadvertently excluded by the 2008 legislation, and they worked together
to draft the language contained in sections 3 to 10 of this bill to
ensure that the intended protections extended to vested members, or, in
the case of death, their families.
In 2009, the 911 Task Force issued an annual report recommending that
the World Trade Center Disability Law be further amended to provide
members of tiers 1 and 2 of New York City Teachers Retirement System and
the Board of Education Retirement System, who engaged in rescue, recov-
ery and cleanup operations and became disabled due to a qualifying World
Trade Center condition, with the same protections afforded to members in
other tiers of those systems, as provided for by sections 1 and 2 of
this bill. In addition, the 911 Task Force's 2009 annual report also
recommended that the Legislature clarify the definition of "qualifying
condition" in Article 8-A of the NYS Workers' Compensation Law by elimi-
nating the term "latent" diseases and replace it with a non-exhaustive
list of qualifying conditions based on the list of conditions used in
the World Trade Center Disability Law found in New York Retirement and
Social Security Law § 2(36)(c). Specifically, the Task Force recommended
incorporating all but subsection (iv) which includes "diseases of the
skin such as conjunctivitis, contact dermatitis or burns, either acute
or chronic, caused by exposure or aggravated by exposure" because such
conditions would involve early symptoms and, as a result, would not
warrant the additional time for filing claims provided by Article 8-A.
To give practical effect to these changes, the bill also extends the
statutory time periods for rescue and recovery workers covered by this
bill to file registration statements. Timely filing of such registra-
tions, which identify the covered operations that workers engaged in, is
a prerequisite for obtaining the statutory protections of the World
Trade Center Disability Law and Article 8-A of the Workers' Compensation
Law. The current registration period closed on September 11, 2010. With-
out an extension of this registration period, those who were unable to
register because they were in tiers and systems that were excluded from
coverage will be foreclosed from any future protections afforded by this
bill if they are not given additional time to register after the bill is
enacted.
BUDGET IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately and to have been deemed in full force and effect on and
after September 11, 2001.
