Allows for participants in World Trade Center rescue, recovery, or cleanup operations who were not members of a New York state retirement system at the time of such participation but who are now currently active members in such retirement systems to be eligible for disability benefits.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7971B
SPONSOR: Weprin TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to expand eligibility for the World Trade
Center disability benefits to individuals who did not have an active
membership in the New York state and local employee's retirement system
or the New York state teachers' retirement system at the time of their
participation in the World Trade Center rescue, recovery, and cleanup
operation but are now currently employed by the state, a public authori-
ty, or any municipal corporation with an active membership in the New
York state and local employees' retirement system or the New York state
teachers' retirement system if such employee is determined to have
incurred a qualifying World Trade Center condition in the performance
and discharge of their duties.
SUMMARY OF PROVISIONS:
Section 1 amends paragraph 4 of subdivision d of section 605 of the
retirement and social security law.
Section 2 amends subdivision h-1 of section 507 of the retirement and
social security law.
Section 3 is the effective date.
JUSTIFICATION:
After the 9/11 attacks on the World Trade Center (WTC), numerous agency
employees responded and were involved in the rescue, recovery and clean-
up operations. During the course of their participation after the
attacks, and throughout the years following, many responders fell ill
with respiratory tract diseases, gastroesophageal tract diseases, and
onset pulmonary, asbestos-related musculoskeletal diseases and cancers,
ultimately becoming unable to work. In order to help those responders,
the World Trade Center Disability Law was signed into law in 2005.
Under the World Trade Center Disability Law, certain public employees
and retirees who were on duty and involved in a 9/11 related rescue,
recovery or cleanup, and became disabled as a result, are eligible for a
rebuttable presumption that his/her disability was the result of a work
related accident. This law allowed most of the uniformed first respon-
ders, such as police, fire, emergency response personnel, correction and
sanitation to qualify for a three-fourths or 75% salary disability
pension benefit.
Later legislation expanded those eligible to receive the WTC enhanced
disability pension benefits to include all non-uniform municipal employ-
ee responders of 9/11 regardless of their tiers and positions. This
legislation seeks to expand WTC enhanced disability pension benefits to
individuals who did not have an active membership in the New York state
and local employee's retirement system or the New York state teachers'
retirement system at the time of their participation in the World Trade
Center rescue, recovery, and cleanup operation but are now currently
employed by the state, a public authority, or any municipal corporation
with an active membership in the New York state and local employees'
retirement system or the New York state teachers' retirement system if
such employee is determined to have incurred a qualifying World Trade
Center condition in the performance and discharge of their duties.
Past legislation has expanded eligibility for WTC rescue, recovery, and
cleanup operations line of duty sick leave in a similar fashion. This
bill seeks to do the same for retirement benefits. With this expansion,
every public officer or employee who engaged in World Trade Center
rescue, recovery or cleanup activities will be eligible to receive a 75%
salary retirement benefit. This expansion acknowledges that every public
employee who put his or her life on the line to help in, our time of
crisis should receive the same benefits. In this instance, the benefit
is a 75% salary disability benefit.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7971--B
2025-2026 Regular Sessions
IN ASSEMBLY
April 16, 2025
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Governmental Employees -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee
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:
1 Section 1. Paragraph 4 of subdivision d of section 605 of the retire-
2 ment and social security law, as added by chapter 252 of the laws of
3 2019, is amended to read as follows:
4 4. Notwithstanding any other law, rule or regulation to the contrary,
5 any member who had an active membership in the New York state and local
6 employees' retirement system or the New York state teachers' retirement
7 system, when such member participated in World Trade Center rescue,
8 recovery, or cleanup operations, as such participation is defined in
9 section two of this chapter, or any active member with at least ten
10 years of service credit who did not have an active membership in the New
11 York state and local employees' retirement system or the New York state
12 teachers' retirement system at the time such individual participated in
13 such World Trade Center rescue, recovery, or cleanup operations, but who
14 is now an active member with a participating employer in the New York
15 state and local employees' retirement system or the New York state
16 teachers' retirement system, and who incurred a qualifying World Trade
17 Center condition, as defined in section two of this chapter, that is
18 determined to have been incurred in the performance and discharge of
19 duty and is the natural and proximate result of an accident not caused
20 by such member's own willful negligence, shall be paid a performance of
21 duty disability retirement allowance equal to three-quarters of final
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07814-05-5
A. 7971--B 2
1 average salary. The payment of such pension shall be subject to the
2 provisions of section sixty-four of this chapter.
3 § 2. Subdivision h-1 of section 507 of the retirement and social secu-
4 rity law, as added by chapter 252 of the laws of 2019, is amended to
5 read as follows:
6 h-1. Notwithstanding any other law, rule or regulation to the contra-
7 ry, any member who had an active membership in the New York state and
8 local employees' retirement system or the New York state teachers'
9 retirement system, when such member participated in World Trade Center
10 rescue, recovery, or cleanup operations, as such participation is
11 defined in section two of this chapter, or any active member with at
12 least ten years of service credit who did not have an active membership
13 in the New York state and local employees' retirement system or the New
14 York state teachers' retirement system at the time such individual
15 participated in such World Trade Center rescue, recovery, or cleanup
16 operations, but who is now an active member with a participating employ-
17 er in the New York state and local employees' retirement system or the
18 New York state teachers' retirement system, and who incurred a qualify-
19 ing World Trade Center condition, as defined in section two of this
20 chapter, that is determined to have been incurred in the performance and
21 discharge of duty and is the natural and proximate result of an accident
22 not caused by such member's own willful negligence, shall be paid a
23 performance of duty disability retirement allowance equal to three-quar-
24 ters of final average salary. The payment of such pension shall be
25 subject to the provisions of section sixty-four of this chapter.
26 § 3. None of the provisions of this act shall be subject to section 25
27 of the retirement and social security law.
28 § 4. 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) subject to the
provisions of Article 14 or 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 any state
public retirement system at the time of participation in the WTC oper-
ations. The annual accidental disability benefit would be 75% of final
average salary (FAS), less workers' compensation, regardless of plan
coverage. Currently, eligible members receive the accidental disability
benefit specified under their plan, which for most Article 14 and 15
members is 33.3% of FAS. 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.
Pursuant to Section 25 of the Retirement and Social Security Law, the
increased costs would be borne entirely by the State of New York and
would require an itemized appropriation sufficient to pay the cost of
the provision.
Insofar as this bill affects NYSLERS, the cost will depend upon the
applicant's age, service, salary, plan, and any benefit type otherwise
payable, but is expected to be 4 times FAS per applicant.
Approximately 60 active NYSLERS members, with a combined salary of
approximately $5.1 million as of March 31, 2024, 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. If all these members benefit, the cost would
A. 7971--B 3
be approximately $20.4 million. However, the actual number of members
who could be affected by this legislation cannot readily be determined.
Summary of relevant resources:
Membership data as of March 31, 2024 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2024 actuari-
al valuation. Distributions and other statistics can be found in the
2024 Report of the Actuary and the 2024 Annual Comprehensive Financial
Report. The actuarial assumptions and methods used are described in the
2024 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, 2024 New York State and Local Retirement System Financial Statements
and Supplementary Information.
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 March 27, 2025, and intended for use only during
the 2025 Legislative Session, is Fiscal Note No. 2025-55. As Chief Actu-
ary of the New York State and Local Retirement System, I, Aaron Schottin
Young, hereby certify that this analysis complies with applicable Actu-
arial Standards of Practice as well as the Code of Professional Conduct
and Qualification Standards for Actuaries Issuing Statements of Actuari-
al Opinion of the American Academy of Actuaries, of which I am a member.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend Section 605 of the Retirement and Social Securi-
ty Law to allow an active member of the New York State Teachers' Retire-
ment System (NYSTRS) with 10 or more years of service credit who did not
have an active membership in NYSTRS or the New York State and Local
Retirement System (NYSLRS) at the time they participated in World Trade
Center rescue, recovery, or cleanup operations, and who incurred a qual-
ifying World Trade center condition, to be paid a performance of duty
disability retirement benefit equal to three-quarters of final average
salary for life. Currently, a member must have been an active member of
NYSTRS or NYSLRS at the time of participation in World Trade Center
rescue, recovery, or cleanup operations to be eligible for this benefit.
The average cost per individual member impacted is estimated as
follows:
Member Age Performance of Duty Disability
30 $330,000 (5.4 times salary)
40 $410,000 (5.0 times salary)
50 $470,000 (4.5 times salary)
The actual cost per member would depend on the member's age and sala-
ry. The costs above are determined based on averages, so the actual
cost for a member could be higher or lower. It is estimated that there
would be few members of NYSTRS eligible for this benefit.
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.
A. 7971--B 4
The source of this estimate is Fiscal Note 2025-23 dated May 20, 2025
prepared by the Office of the Actuary of the New York State Teachers'
Retirement System and is intended for use only during the 2025 Legisla-
tive Session. I, Richard A. Young, am the Chief Actuary for the New York
State Teachers' Retirement System. I am a member of the American Academy
of Actuaries and I meet the Qualification Standards of the American
Academy of Actuaries to render the actuarial opinion contained herein.
