Laws of New York, 2006

ASSEMBLY BILL #A10731 SAME AS SENATE BILL #S7377

LAWS OF NEW YORK, 2006

CHAPTER 444

(See FISCAL NOTES at end of Chapter.)

AN ACT to amend the retirement and social security law and the administrative code of the city of New York, in relation to requiring sworn statements for presumptive eligibility for accidental disabilities occurring as a result of the terrorist attacks on September eleventh,

two thousand one

Became a law August 14, 2006, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Clause (i) of subparagraph (b) of paragraph 2 of subdivision g of section 63 of the retirement and social security law, as amended by chapter 93 of the laws of 2005, is amended to read as follows:

(i) the member files a written and sworn [request for reclassification] statement with the member's retirement system on a form provided by such system indicating the dates and locations of employment within two years following the effective date of [the] chapter one hundred four of the laws of two thousand five which added this subdivision; and

§ 2. Clause (i) of subparagraph (b) of paragraph 2 of subdivision g of section 363 of the retirement and social security law, as amended by chapter 93 of the laws of 2005, is amended to read as follows:

§ 3. Clause (i) of subparagraph (b) of paragraph 2 of subdivision h of section 363-bb of the retirement and social security law, as amended by chapter 93 of the laws of 2005, is amended to read as follows:

§ 4. Clause (i) of subparagraph (b) of paragraph 2 of subdivision g of section 507 of the retirement and social security law, as amended by chapter 93 of the laws of 2005, is amended to read as follows:

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

CHAP. 444 2

§ 5. Clause (i) of subparagraph (b) of paragraph 2 of subdivision h of section 556 of the retirement and social security law, as amended by chapter 93 of the laws of 2005, is amended to read as follows:

§ 6. Clause (i) of subparagraph (b) of paragraph 2 of subdivision h of section 605 of the retirement and social security law, as amended by chapter 93 of the laws of 2005, is amended to read as follows:

§ 7. Clause (i) of subparagraph (b) of paragraph 2 of subdivision h of section 605-a of the retirement and social security law, as amended by chapter 93 of the laws of 2005, is amended to read as follows:

§ 8. Clause (i) of subparagraph (b) of paragraph 2 of subdivision d of section 605-b of the retirement and social security law, as amended by chapter 93 of the laws of 2005, is amended to read as follows:

(i) the member files a written and sworn [request for reclassification] statement with NYCERS on a form provided by such system indicating the dates and locations of employment within two years following the effective date of [the] chapter one hundred four of the laws of two thousand five which added this subdivision; and

§ 9. Clause (i) of subparagraph (b) of paragraph 2 of subdivision b of section 605-c of the retirement and social security law, as amended by chapter 93 of the laws of 2005, is amended to read as follows:

(i) the member files a written and sworn [request for reclassification] statement with the NYCERS on a form provided by such system indicating the dates and locations of employment within two years following the effective date of [the] chapter one hundred four of the laws of two thousand five which added this subdivision; and

§ 10. Clause (i) of subparagraph (b) of paragraph 2 of subdivision c of section 607-b of the retirement and social security law, as amended by chapter 93 of the laws of 2005, is amended to read as follows:

(i) the member files a written and sworn [request for reclassification] statement with NYCERS on a form provided by such system indicating the dates and locations of employment within two years following the effective date of [the] chapter one hundred four of the laws of two thousand five which added this subdivision; and

§ 11. Subparagraph (i) of paragraph (b) of subdivision 2 of section 13-252.1 of the administrative code of the city of New York, as amended by chapter 93 of the laws of 2005, is amended to read as follows:

(i) the member files a written and sworn [request for reclassification] statement with the NYCPPF on a form provided by such system indicating the dates and locations of employment within two years following the effective date of [the] chapter one hundred four of the laws of two thousand five which added this subdivision; and

3 CHAP. 444

§ 12. Subparagraph (i) of paragraph (b) of subdivision 2 of section 13-353.1 of the administrative code of the city of New York, as amended by chapter 93 of the laws of 2005, is amended to read as follows:

(i) the member files a written and sworn [request for reclassification] statement with the NYCFDPF on a form provided by such system indicating the dates and locations of employment within two years following the effective date of [the] chapter one hundred four of the laws of two thousand five which added this subdivision; and

§ 13. Item (A) of clause 2 of subparagraph (b) of paragraph 5 of subdivision b of section 13-168 of the administrative code of the city of New York, as amended by chapter 93 of the laws of 2005, is amended to read as follows:

(A) the member files a written and sworn [request for reclassification] statement with NYCERS on a form provided by such system indicating the dates and locations of employment within two years following the effective date of [the] chapter one hundred four of the laws of two thousand five which added this subdivision; and

§ 14. Clause (i) of subparagraph (b) of paragraph 2 of subdivision c of section 507-c of the retirement and social security law, as added by a chapter of the laws of 2006 amending the retirement and social security law relating to presumptive eligibility for an accidental disability for injury or illness related to the terrorist attack on September 11, 2001, as proposed in legislative bill number S. 6624-A, is amended to read as follows:

(i) the member files a written and sworn [request for reclassification] statement with NYCERS on a form provided by such system indicating the dates and location of employment within two years following the effective date of the chapter of the laws of two thousand six which added this subdivision; and

§ 15. This act shall take effect immediately; provided, however, that the amendments to sections 507, 605, 605-a, 605-b, 605-c, 607-b and 507-c of the retirement and social security law made by sections four, six, seven, eight, nine, ten and fourteen of this act shall not affect the expiration of such sections as provided in section 615 of the retirement and social security law and shall be deemed to expire therewith; and provided, further, that section fourteen of this act shall take effect on the same date and in the same manner as a chapter of the laws of 2006 amending the retirement and social security law relating to presumptive eligibility for an accidental disability for injury or illness related to the terrorist attack on September 11, 2001, as proposed in legislative bill number S.6624-A, takes effect.

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FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

If this bill were to be enacted in the 2006 Legislation Session, there would be no cost to the city of New York, other than the cost set forth in the fiscal notes for chapters 104 and 93 of the laws of 2005.

This estimate, dated January 9, 2006, was prepared by Jonathan

Schwartz, consulting actuary.

FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:

This bill would allow certain members and retirees who participated in the World Trade Center rescue, recovery or cleanup operation and subsequently retire or are retired on an ordinary disability, a performance of duty disability or a service retirement to file for a reclassification to an accidental disability at any time after retirement, provided they have timely filed a written sworn statement by June 14, 2007.

CHAP. 444 4

If this bill is enacted, it would lead to more disabilities being classified as "in performance of duty" or "accidental". For the disabilities so classified due to this bill, the cost would depend on the age, service, salary and plan of the affected member or retiree, as well as whether such person will be, or has been receiving an ordinary disability, a performance of duty disability or a service retirement. For those who contract such disease subsequent to a service retirement, it is estimated that there would be an average per person cost of approximately 150% of final average salary. For those who contract such disease subsequent to an ordinary disability retirement, it is estimated that there would be an average per person cost of approximately four (4) times final average salary. For those who contract such disease subsequent to a 50% of pay performance of duty disability retirement, it is estimated that there would be an average per person cost of approximately 250% of final average salary. The number of members and retirees who could be affected by this legislation could be substantial. These costs would be borne by the State of New York and all the participating employers in the ERS and the PFRS.

This estimate, dated May 31, 2006, and intended for use only during the 2006 Legislative Session, is Fiscal Note No. 2006-321, prepared by the Actuary for the New York State and Local Employees' Retirement System and the New York State and Local Police and Fire Retirement System.

The Legislature of the STATE OF NEW YORK ss:

Pursuant to the authority vested in us by section 70-b of the Public Officers Law, we hereby jointly certify that this slip copy of this session law was printed under our direction and, in accordance with such section, is entitled to be read into evidence.

JOSEPH L. BRUNO SHELDON SILVER

Temporary President of the Senate Speaker of the Assembly