Bill S5759A-2013

Addresses limitations in existing disability provisions intended to protect public employees who suffered injuries or illnesses in WTC rescue, recovery and cleanup operations

Addresses limitations in existing disability provisions intended to protect public employees who suffered injuries or illnesses in WTC rescue, recovery and cleanup operations.

Details

Actions

  • Jun 21, 2013: SUBSTITUTED BY A7803A
  • Jun 21, 2013: ORDERED TO THIRD READING CAL.1621
  • Jun 21, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 18, 2013: PRINT NUMBER 5759A
  • Jun 18, 2013: AMEND AND RECOMMIT TO CITIES
  • Jun 12, 2013: REFERRED TO CITIES

Votes

Memo

BILL NUMBER:S5759A              REVISED 6/18/13

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 employees 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) reopening and extending the expired statutory deadline for filing statement of participations.)

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, oh, 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 fundunder 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 fundunder 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 fundunder 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 Department Pension Fund in tiers I 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

Security 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 Security 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 Security 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 Security Law, which relates to Emergency Medical Technicians employed by the New York City Health and I 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 15 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 rebut table presumption that an established disability or death was the result of a work-related accident, 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 registration statements identifying their participation in covered rescue, recovery or cleanup operations by the current statutory deadline of September 21, 2010, and who meet the various other statutory conditions.

The 911 Task Force's initial recommendations were enacted in 2008 by L. 2008, c. 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, recovery 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 ease 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 engage in rescue, recover 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 to eliminate 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 at 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 involved 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 registrations, 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. Without 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: Please see fiscal note

EFFECTIVE DATE: Immediately and to have been deemed in full force and effect on and after September 11, 2001.


Text

STATE OF NEW YORK ________________________________________________________________________ 5759--A 2013-2014 Regular Sessions IN SENATE June 12, 2013 ___________
Introduced by Sens. GOLDEN, LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision c of section 13-551 of the administrative code of the city of New York is amended and three new subdivisions f, g and h are added to read as follows: c. Any such application shall be filed within two years after the happening of such accident EXCEPT IF FILED BY A VESTED MEMBER INCAPACI- TATED AS A RESULT OF A QUALIFYING WORLD TRADE CENTER CONDITION AS DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW. F. (1)(A) NOTWITHSTANDING ANY PROVISIONS OF THIS CODE OR OF ANY GENER- AL, SPECIAL OR LOCAL LAW, CHARTER OR RULE OR REGULATION TO THE CONTRARY, IF ANY CONDITION OR IMPAIRMENT OF HEALTH IS CAUSED BY A QUALIFYING WORLD TRADE CENTER CONDITION AS DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW, IT SHALL BE PRESUMPTIVE EVIDENCE THAT IT WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY AND THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL NEGLIGENCE, UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE. (B) THE RETIREMENT BOARD IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH. (2) (A) NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR REGULATION TO THE CONTRARY, IF A MEMBER WHO PARTICIPATED IN WORLD TRADE
CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS AS DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW, AND SUBSEQUENTLY RETIRED ON A SERVICE RETIREMENT, AN ORDINARY DISABILITY RETIREMENT, AN ACCIDENTAL DISABILITY RETIREMENT, A PERFORMANCE OF DUTY DISABILITY RETIREMENT, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE AND SUBSEQUENT TO SUCH RETIREMENT OR SEPARATION IS DETERMINED BY THE HEAD OF THE RETIREMENT SYSTEM TO HAVE A QUALIFYING WORLD TRADE CENTER CONDITION, AS DEFINED IN SECTION TWO OF THE RETIRE- MENT AND SOCIAL SECURITY LAW, UPON SUCH DETERMINATION BY THE RETIREMENT BOARD, IT SHALL BE PRESUMED THAT SUCH DISABILITY WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY AS THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL NEGLIGENCE, AND THAT THE MEMBER WOULD HAVE BEEN PHYSICALLY OR MENTALLY INCAPACITATED FOR THE PERFORMANCE AND DISCHARGE OF DUTY OF THE POSITION FROM WHICH HE OR SHE RETIRED OR VESTED HAD THE CONDITION BEEN KNOWN AND FULLY DEVELOPED AT THE TIME OF THE MEMBER'S RETIREMENT OR SEPARATION FROM SERVICE WITH VESTED RIGHTS, UNLESS THE CONTRARY IS PROVEN BY COMPETENT EVIDENCE. (B) THE RETIREMENT BOARD SHALL CONSIDER A RECLASSIFICATION OF THE MEMBER'S RETIREMENT OR VESTING AS AN ACCIDENTAL DISABILITY RETIREMENT EFFECTIVE AS OF THE DATE OF SUCH RECLASSIFICATION. (C) SUCH MEMBER'S RETIREMENT OPTION SHALL NOT BE CHANGED AS A RESULT OF SUCH RECLASSIFICATION. (D) THE MEMBER'S FORMER EMPLOYER AT THE TIME OF THE MEMBER'S RETIRE- MENT SHALL HAVE AN OPPORTUNITY TO BE HEARD ON THE MEMBER'S APPLICATION FOR RECLASSIFICATION BY THE RETIREMENT BOARD ACCORDING TO PROCEDURES DEVELOPED BY THE RETIREMENT BOARD. (E) THE RETIREMENT BOARD IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH. G. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR LOCAL LAW, CHARTER, ADMINISTRATIVE CODE OR RULE OR REGULATION TO THE CONTRARY, IF A RETIREE OR VESTEE WHO: (1) HAS MET THE CRITERIA OF SUBDIVISION F OF THIS SECTION AND RETIRED ON A SERVICE OR DISABILITY RETIREMENT, WOULD HAVE MET THE CRITERIA IF NOT ALREADY RETIRED ON AN ACCIDENTAL DISABILITY, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; AND (2) HAS NOT BEEN RETIRED FOR MORE THAN TWENTY-FIVE YEARS; AND (3) DIES FROM A QUALIFYING WORLD TRADE CENTER CONDITION, AS DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW, AS DETERMINED BY THE APPLICABLE HEAD OF THE RETIREMENT SYSTEM OR APPLICABLE MEDICAL BOARD, THEN UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH RETIREE OR VESTEE SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF WILLFUL NEGLIGENCE ON HIS OR HER PART. SUCH RETIREE'S OR VESTEE'S ELIGI- BLE BENEFICIARY, AS SET FORTH IN SECTION 13-544 OF THIS CHAPTER, SHALL BE ENTITLED TO AN ACCIDENTAL DEATH BENEFIT AS PROVIDED BY SECTION 13-544 OF THIS CHAPTER, HOWEVER, FOR THE PURPOSES OF DETERMINING THE SALARY BASE UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, THE RETIREE OR VESTEE SHALL BE DEEMED TO HAVE DIED ON THE DATE OF HIS OR HER RETIRE- MENT OR SEPARATION FROM SERVICE WITH VESTED RIGHTS. UPON THE RETIREE'S OR VESTEE'S DEATH, THE ELIGIBLE BENEFICIARY SHALL MAKE A WRITTEN APPLI- CATION TO THE HEAD OF THE RETIREMENT SYSTEM WITHIN THE TIME FOR FILING AN APPLICATION FOR AN ACCIDENTAL DEATH BENEFIT AS SET FORTH IN SECTION 13-544 OF THIS CHAPTER REQUESTING CONVERSION OF SUCH RETIREE'S SERVICE, VESTED RIGHT OR DISABILITY RETIREMENT BENEFIT TO AN ACCIDENTAL DEATH BENEFIT. AT THE TIME OF SUCH CONVERSION, THE ELIGIBLE BENEFICIARY SHALL RELINQUISH ALL RIGHTS TO THE PROSPECTIVE BENEFITS PAYABLE UNDER THE
SERVICE OR DISABILITY RETIREMENT BENEFIT, OR VESTED RIGHT TO SUCH BENE- FIT, INCLUDING ANY POST-RETIREMENT DEATH BENEFITS, SINCE THE RETIREE'S OR VESTEE'S DEATH. IF THE ELIGIBLE BENEFICIARY IS NOT THE ONLY BENEFICI- ARY RECEIVING OR ENTITLED TO RECEIVE A BENEFIT UNDER THE SERVICE OR DISABILITY RETIREMENT BENEFIT (INCLUDING, BUT NOT LIMITED TO, POST-RE- TIREMENT DEATH BENEFITS OR BENEFITS PAID OR PAYABLE PURSUANT TO THE RETIREE'S OPTION SELECTION), OR THAT WILL BE ELIGIBLE UNDER THE VESTED RIGHT, THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO THE ELIGIBLE BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE TO ANY OTHER BENEFICIARY. H. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CODE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW, CHARTER, OR RULE OR REGULATION TO THE CONTRARY, IF A MEMBER WHO: (1) HAS MET THE CRITERIA OF SUBDIVISION F OF THIS SECTION; (2) DIES IN ACTIVE SERVICE OR AFTER SEPARATING FROM SERVICE WITH A VEST- ED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE, BUT PRIOR TO THE PAYABILITY OF THAT RETIREMENT ALLOWANCE; AND (3) DIES FROM A QUALI- FYING WORLD TRADE CENTER CONDITION, AS DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW, AS DETERMINED BY THE APPLICABLE HEAD OF THE RETIREMENT SYSTEM OR APPLICABLE MEDICAL BOARD, THEN UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF WILLFUL NEGLIGENCE ON HIS OR HER PART. SUCH MEMBER'S ELIGIBLE BENEFICIARY, AS SET FORTH IN SECTION 13-544 OF THIS CHAPTER, SHALL BE ENTITLED TO AN ACCIDENTAL DEATH BENEFIT PROVIDED HE OR SHE MAKES WRITTEN APPLICATION TO THE HEAD OF THE RETIRE- MENT SYSTEM WITHIN THE TIME FOR FILING AN APPLICATION FOR AN ACCIDENTAL DEATH BENEFIT AS SET FORTH IN SECTION 13-544 OF THIS CHAPTER. S 2. Subdivision 25 of section 2575 of the education law is amended by adding four new paragraphs (c), (d), (e) and (f) to read as follows: (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE RULES AND REGULATIONS ADOPTED PURSUANT TO THIS SECTION SHALL BE DEEMED TO BE AMENDED TO PROVIDE THAT ANY REQUIREMENT THAT APPLICATIONS FOR ACCIDENTAL DISABILITY BE FILED WITHIN A LIMITED TIME PERIOD AFTER THE HAPPENING OF SUCH ACCIDENT SHALL NOT APPLY TO A VESTED MEMBER INCAPACI- TATED AS A RESULT OF A QUALIFYING WORLD TRADE CENTER CONDITION AS DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW. (D)(1)(I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE RULES AND REGULATIONS ADOPTED PURSUANT TO THIS SECTION SHALL BE DEEMED TO BE AMENDED TO PROVIDE THAT IF ANY CONDITION OR IMPAIRMENT OF HEALTH IS CAUSED BY A QUALIFYING WORLD TRADE CENTER CONDITION AS DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW, IT SHALL BE PRESUMPTIVE EVIDENCE THAT IT WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY AND THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL NEGLIGENCE, UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE. (II) THE NEW YORK CITY BOARD OF EDUCATION RETIREMENT BOARD IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH. (2)(I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE RULES AND REGULATIONS ADOPTED PURSUANT TO THIS SECTION SHALL BE DEEMED TO BE AMENDED TO PROVIDE THAT IF A MEMBER WHO PARTICIPATED IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS AS DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW, AND SUBSEQUENTLY RETIRED ON A SERVICE RETIREMENT, AN ORDINARY DISABILITY RETIREMENT, AN ACCIDENTAL DISABILITY RETIREMENT, A PERFORMANCE OF DUTY DISABILITY RETIREMENT, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE AND SUBSEQUENT TO SUCH
RETIREMENT OR SEPARATION IS DETERMINED BY THE HEAD OF THE RETIREMENT SYSTEM OR APPLICABLE MEDICAL BOARD TO HAVE A QUALIFYING WORLD TRADE CENTER CONDITION, AS DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW, UPON SUCH DETERMINATION BY THE NEW YORK CITY BOARD OF EDUCATION RETIREMENT BOARD OR APPLICABLE MEDICAL BOARD, IT SHALL BE PRESUMED THAT SUCH DISABILITY WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY AS THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL NEGLIGENCE, AND THAT THE MEMBER WOULD HAVE BEEN PHYSICALLY OR MENTALLY INCAPACITATED FOR THE PERFORMANCE AND DISCHARGE OF DUTY OF THE POSITION FROM WHICH HE OR SHE RETIRED OR VESTED HAD THE CONDITION BEEN KNOWN AND FULLY DEVELOPED AT THE TIME OF THE MEMBER'S RETIREMENT OR SEPARATION FROM SERVICE WITH VESTED RIGHTS, UNLESS THE CONTRARY IS PROVEN BY COMPETENT EVIDENCE. (II) THE NEW YORK CITY BOARD OF EDUCATION RETIREMENT BOARD SHALL CONSIDER A RECLASSIFICATION OF THE MEMBER'S RETIREMENT OR VESTING AS AN ACCIDENTAL DISABILITY RETIREMENT EFFECTIVE AS OF THE DATE OF SUCH RECLASSIFICATION. (III) SUCH MEMBER'S RETIREMENT OPTION SHALL NOT BE CHANGED AS A RESULT OF SUCH RECLASSIFICATION. (IV) THE MEMBER'S FORMER EMPLOYER AT THE TIME OF THE MEMBER'S RETIRE- MENT SHALL HAVE AN OPPORTUNITY TO BE HEARD ON THE MEMBER'S APPLICATION FOR RECLASSIFICATION BY THE NEW YORK CITY BOARD OF EDUCATION RETIREMENT BOARD ACCORDING TO PROCEDURES DEVELOPED BY THE NEW YORK CITY BOARD OF EDUCATION RETIREMENT BOARD. (V) THE NEW YORK CITY BOARD OF EDUCATION RETIREMENT BOARD IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH. (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE RULES AND REGULATIONS ADOPTED PURSUANT TO THIS SECTION SHALL BE DEEMED TO BE AMENDED TO PROVIDE THAT IF A RETIREE OR VESTEE WHO: (1) HAS MET THE CRITERIA OF PARAGRAPH (D) OF THIS SUBDIVISION AND RETIRED ON A SERVICE OR DISABILITY RETIREMENT, WOULD HAVE MET THE CRITERIA IF NOT ALREADY RETIRED ON AN ACCIDENTAL DISABILITY, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; AND (2) HAS NOT BEEN RETIRED FOR MORE THAN TWENTY-FIVE YEARS; AND (3) DIES FROM A QUALIFYING WORLD TRADE CENTER CONDITION, AS DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW, AS DETERMINED BY THE APPLICABLE HEAD OF THE RETIREMENT SYSTEM OR APPLICABLE MEDICAL BOARD, THEN UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH RETIREE OR VESTEE SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXI- MATE RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF WILLFUL NEGLIGENCE ON HIS OR HER PART. SUCH RETIREE'S OR VESTEE'S ELIGIBLE BENEFICIARY, AS SET FORTH IN TITLE TWENTY-ONE OF THE RULES AND REGULATION, SHALL BE ENTITLED TO AN ACCIDENTAL DEATH BENEFIT AS PROVIDED BY TITLE TWENTY-ONE OF THE RULES AND REGULATIONS, HOWEVER, FOR THE PURPOSES OF DETERMINING THE SALARY BASE UPON WHICH THE ACCI- DENTAL DEATH BENEFIT IS CALCULATED, THE RETIREE OR VESTEE SHALL BE DEEMED TO HAVE DIED ON THE DATE OF HIS OR HER RETIREMENT OR SEPARATION FROM SERVICE WITH VESTED RIGHTS. UPON THE RETIREE'S OR VESTEE'S DEATH, THE ELIGIBLE BENEFICIARY SHALL MAKE A WRITTEN APPLICATION TO THE HEAD OF THE RETIREMENT SYSTEM WITHIN THE TIME FOR FILING AN APPLICATION FOR AN ACCIDENTAL DEATH BENEFIT AS SET FORTH IN TITLE TWENTY-ONE OF THE RULES AND REGULATIONS REQUESTING CONVERSION OF SUCH RETIREE'S SERVICE, VESTED RIGHT OR DISABILITY RETIREMENT BENEFIT TO AN ACCIDENTAL DEATH BENEFIT. AT THE TIME OF SUCH CONVERSION, THE ELIGIBLE BENEFICIARY SHALL RELIN- QUISH ALL RIGHTS TO THE PROSPECTIVE BENEFITS PAYABLE UNDER THE SERVICE
OR DISABILITY RETIREMENT BENEFIT, OR VESTED RIGHT TO SUCH BENEFIT, INCLUDING ANY POST-RETIREMENT DEATH BENEFITS, SINCE THE RETIREE'S OR VESTEE'S DEATH. IF THE ELIGIBLE BENEFICIARY IS NOT THE ONLY BENEFICIARY RECEIVING OR ENTITLED TO RECEIVE A BENEFIT UNDER THE SERVICE OR DISABIL- ITY RETIREMENT BENEFIT (INCLUDING, BUT NOT LIMITED TO, POST-RETIREMENT DEATH BENEFITS OR BENEFITS PAID OR PAYABLE PURSUANT TO THE RETIREE'S OPTION SELECTION), OR THAT WILL BE ELIGIBLE UNDER THE VESTED RIGHT THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO THE ELIGIBLE BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE TO ANY OTHER BENEFICIARY. (F) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE RULES AND REGULATIONS ADOPTED PURSUANT TO THIS SECTION SHALL BE DEEMED TO BE AMENDED TO PROVIDE THAT IF A MEMBER WHO: (1) HAS MET THE CRITERIA OF PARAGRAPH (D) OF THIS SUBDIVISION; (2) DIES IN ACTIVE SERVICE OR AFTER SEPARATING FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE, BUT PRIOR TO THE PAYABILITY OF THAT RETIRE- MENT ALLOWANCE; AND (3) DIES FROM A QUALIFYING WORLD TRADE CENTER CONDI- TION, AS DEFINED IN SECTION TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW, AS DETERMINED BY THE APPLICABLE HEAD OF THE RETIREMENT SYSTEM OR APPLICABLE MEDICAL BOARD, THEN UNLESS THE CONTRARY BE PROVEN BY COMPE- TENT EVIDENCE, SUCH MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF WILLFUL NEGLIGENCE ON HIS OR HER PART. SUCH MEMBER'S ELIGIBLE BENEFICIARY, AS SET FORTH IN TITLE TWENTY-ONE OF THE RULES AND REGULATIONS SHALL BE ENTITLED TO AN ACCIDENTAL DEATH BENEFIT PROVIDED HE OR SHE MAKES WRITTEN APPLICATION TO THE HEAD OF THE RETIREMENT SYSTEM AS SET FORTH IN TITLE TWENTY-ONE OF THE RULES AND REGULATIONS. S 3. Subparagraph (b) of paragraph 5 of subdivision b and subdivisions c and d of section 13-168 of the administrative code of the city of New York, as amended by chapter 489 of the laws of 2008, are amended to read as follows: (b) (1) Notwithstanding the provisions of this chapter or of any general, special or local law, charter, administrative code or rule or regulation to the contrary, if a member who participated in World Trade Center rescue, recovery or cleanup operations as defined in section two of the retirement and social security law, and subsequently retired on a service retirement, an ordinary disability retirement, an accidental disability retirement, [or] a performance of duty disability retirement, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE and subsequent to such retirement OR SEPA- RATION is determined by the board of trustees to have a qualifying World Trade Center condition as defined by section two of the retirement and social security law, upon such determination by the NYCERS board of trustees, it shall be presumed that such disability was incurred in the performance and discharge of duty as the natural and proximate result of an accident not caused by such member's own willful negligence, and that the member would have been physically or mentally incapacitated for the performance and discharge of duty of the position from which he or she retired OR VESTED had the condition been known and fully developed at the time of the member's retirement OR SEPARATION FROM SERVICE WITH VESTED RIGHTS, unless the contrary is proven by competent evidence. (2) The NYCERS board of trustees shall consider a reclassification of the member's retirement OR VESTING as an accidental disability retire- ment effective as of the date of such reclassification. (3) Such member's retirement option shall not be changed as a result of such reclassification.
(4) The member's former employer at the time of the member's retire- ment shall have an opportunity to be heard on the member's application for reclassification by the NYCERS board of trustees according to proce- dures developed by the retirement system. c. Notwithstanding any other provision of this chapter or of any general, special or local law, charter, administrative code or rule or regulation to the contrary, if a retiree OR VESTEE who: (1) has met the criteria of subdivision b of this section and retired on a service or disability retirement, [or] would have met the criteria if not already retired on an accidental disability, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; and (2) has not been retired for more than twenty-five years; and (3) dies from a qualifying World Trade Center condition as defined in section two of the retirement and social security law, as determined by the applicable head of the retirement system or applicable medical board, then unless the contrary be proven by competent evidence, such retiree OR VESTEE shall be deemed to have died as a natural and proximate result of an accident sustained in the performance of duty and not as a result of willful negligence on his or her part. Such retiree's OR VESTEE'S eligible beneficiary, as set forth in section 13-149 of this chapter, shall be entitled to an accidental death benefit as provided by section 13-149 of this chapter, however, for the purposes of determining the salary base upon which the accidental death benefit is calculated, the retiree OR VESTEE shall be deemed to have died on the date of his or her retirement OR SEPARATION FROM SERVICE WITH VESTED RIGHTS. Upon the retiree's OR VESTEE'S death, the eligible beneficiary shall make a writ- ten application to the head of the retirement system within the time for filing an application for an accidental death benefit as set forth in section 13-149 of this chapter requesting conversion of such retiree's service, VESTED RIGHT or disability retirement benefit to an accidental death benefit. At the time of such conversion, the eligible beneficiary shall relinquish all rights to the prospective benefits payable under the service or disability retirement benefit, OR VESTED RIGHT TO SUCH BENEFIT, including any post-retirement death benefits, since the retiree's OR VESTEE'S death. If the eligible beneficiary is not the only beneficiary receiving or entitled to receive a benefit under the service or disability retirement benefit (including, but not limited to, post-retirement death benefits or benefits paid or payable pursuant to the retiree's option selection), OR THAT WILL BE ELIGIBLE UNDER THE VESTED RIGHT, the accidental death benefit payments to the eligible beneficiary will be reduced by any amounts paid or payable to any other beneficiary. d. Notwithstanding any other provision of this code or of any general, special or local law, charter, or rule or regulation to the contrary, if a member who: (1) has met the criteria of subdivision b of this section; [and] (2) dies in active service OR AFTER SEPARATING FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE, BUT PRIOR TO THE PAYABILITY OF THAT RETIREMENT ALLOWANCE; AND (3) DIES from a qualifying World Trade Center condition as defined in section two of the retirement and social security law, as determined by the applicable head of the retirement system or applicable medical board, then unless the contrary be proven by competent evidence, such member shall be deemed to have died as a natural and proximate result of an accident sustained in the performance of duty and not as a result of willful negligence on his or her part. Such member's eligible beneficiary, as set forth in section 13-149 of this chapter, shall be entitled to an accidental death
benefit provided he or she makes written application to the head of the retirement system within the time for filing an application for an acci- dental death benefit as set forth in section 13-149 of this chapter. S 4. Subdivisions 2, 3 and 4 of section 13-252.1 of the administrative code of the city of New York, as amended by chapter 489 of the laws of 2008, are amended to read as follows: 2. (a) Notwithstanding the provisions of this chapter or of any gener- al, special or local law, charter, administrative code or rule or regu- lation to the contrary, if a member who participated in World Trade Center rescue, recovery or cleanup operations as defined in section two of the retirement and social security law, and subsequently retired on a service retirement, an ordinary disability retirement, an accidental disability retirement, [or] a performance of duty disability retirement, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE and subsequent to such retirement OR SEPA- RATION is determined by the [NYCFDPF] NYCPPF board of trustees to have a qualifying World Trade Center condition, as defined in section two of the retirement and social security law, upon such determination by the [NYCFDPF] NYCPPF board of trustees, it shall be presumed that such disa- bility was incurred in the performance and discharge of duty as the natural and proximate result of an accident not caused by such member's own willful negligence, and that the member would have been physically or mentally incapacitated for the performance and discharge of duty of the position from which he or she retired OR VESTED had the condition been known and fully developed at the time of the member's retirement OR SEPARATION FROM SERVICE WITH VESTED RIGHTS, unless the contrary is prov- en by competent evidence. (b) The NYCPPF board of trustees shall consider a reclassification of the member's retirement OR VESTING as an accidental disability retire- ment effective as of the date of such reclassification. (c) Such member's retirement option shall not be changed as a result of such reclassification. (d) The member's former employer at the time of the member's retire- ment shall have an opportunity to be heard on the member's application for reclassification by the NYCPPF board of trustees according to proce- dures developed by the NYCPPF board of trustees. (e) The NYCPPF board of trustees is hereby authorized to promulgate rules and regulations to implement the provisions of this paragraph. 3. Notwithstanding any other provision of this chapter or of any general, special or local law, charter, administrative code or rule or regulation to the contrary, if a retiree OR VESTEE who: (1) has met the criteria of subdivision one of this section and retired on a service or disability retirement, [or] would have met the criteria if not already retired on an accidental disability, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; and (2) has not been retired for more than twenty-five years; and (3) dies from a qualifying World Trade Center condition, as defined in section two of the retirement and social security law, as determined by the applicable head of the retirement system or applicable medical board, then unless the contrary be proven by competent evidence, such retiree OR VESTEE shall be deemed to have died as a natural and proximate result of an accident sustained in the performance of duty and not as a result of willful negligence on his or her part. Such retiree's OR VESTEE'S eligible beneficiary, as set forth in section 13-244 of this subchapter, shall be entitled to an accidental death benefit as provided by section 13-244 of this subchapter, however, for the purposes of determining the
salary base upon which the accidental death benefit is calculated, the retiree OR VESTEE shall be deemed to have died on the date of his or her retirement OR SEPARATION FROM SERVICE WITH VESTED RIGHTS. Upon the retiree's OR VESTEE'S death, the eligible beneficiary shall make a writ- ten application to the head of the retirement system within the time for filing an application for an accidental death benefit as set forth in section 13-244 of this subchapter requesting conversion of such retiree's service, VESTED RIGHT or disability retirement benefit to an accidental death benefit. At the time of such conversion, the eligible beneficiary shall relinquish all rights to the prospective benefits payable under the service or disability retirement benefit, OR VESTED RIGHT TO SUCH BENEFIT, including any post-retirement death benefits, since the retiree's OR VESTEE'S death. If the eligible beneficiary is not the only beneficiary receiving or entitled to receive a benefit under the service or disability retirement benefit (including, but not limited to, post-retirement death benefits or benefits paid or payable pursuant to the retiree's option selection), OR THAT WILL BE ELIGIBLE UNDER THE VESTED RIGHT, the accidental death benefit payments to the eligible beneficiary will be reduced by any amounts paid or payable to any other beneficiary. 4. Notwithstanding any other provision of this code or of any general, special or local law, charter, or rule or regulation to the contrary, if a member who: (1) has met the criteria of subdivision one of this section; [and] (2) dies in active service OR AFTER SEPARATING FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE, BUT PRIOR TO THE PAYABILITY OF THAT RETIREMENT ALLOWANCE; AND (3) DIES from a qualifying World Trade Center condition, as defined in section two of the retirement and social security law, as determined by the applicable head of the retirement system or applicable medical board to have been caused by such member's participation in the World Trade Center rescue, recovery or cleanup operations, as defined in section two of the retirement and social security law, then unless the contrary be proven by competent evidence, such member shall be deemed to have died as a natural and proximate result of an accident sustained in the performance of duty and not as a result of willful negligence on his or her part. Such member's eligible beneficiary, as set forth in section 13-244 of this subchapter, shall be entitled to an accidental death benefit provided he or she makes written application to the head of the retirement system within the time for filing an application for an acci- dental death benefit as set forth in section 13-244 of this subchapter. S 5. Subdivisions 2, 3 and 4 of section 13-353.1 of the administrative code of the city of New York, as amended by chapter 489 of the laws of 2008, are amended to read as follows: 2. (a) Notwithstanding the provisions of this chapter or of any gener- al, special or local law, charter, administrative code or rule or regu- lation to the contrary, if a member who participated in World Trade Center rescue, recovery or cleanup operations as defined in section two of the retirement and social security law, and subsequently retired on a service retirement, an ordinary disability retirement, an accidental disability retirement, [or] a performance of duty disability retirement, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE and subsequent to such retirement OR SEPA- RATION is determined by the head of the retirement system to have a qualifying World Trade Center condition, as defined in section two of the retirement and social security law, upon such determination by the NYCFDPF board of trustees, it shall be presumed that such disability was
incurred in the performance and discharge of duty as the natural and proximate result of an accident not caused by such member's own willful negligence, and that the member would have been physically or mentally incapacitated for the performance and discharge of duty of the position from which he or she retired OR VESTED had the condition been known and fully developed at the time of the member's retirement OR SEPARATION FROM SERVICE WITH VESTED RIGHTS, unless the contrary is proven by compe- tent evidence. (b) The NYCFDPF shall consider a reclassification of the member's retirement OR VESTING as an accidental disability retirement effective as of the date of such reclassification. (c) Such member's retirement option shall not be changed as a result of such reclassification. (d) The member's former employer at the time of the member's retire- ment shall have an opportunity to be heard on the member's application for reclassification by the NYCFDPF board of trustees according to procedures developed by the NYCFDPF. (e) The NYCFDPF board of trustees is hereby authorized to promulgate rules and regulations to implement the provisions of this paragraph. 3. Notwithstanding any other provision of this chapter or of any general, special or local law, charter, administrative code or rule or regulation to the contrary, if a retiree OR VESTEE who: (1) has met the criteria of subdivision one of this section and retired on a service or disability retirement, [or] would have met the criteria if not already retired on an accidental disability, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; and (2) has not been retired for more than twenty-five years; and (3) dies from a qualifying World Trade Center condition, as defined in section two of the retirement and social security law, as determined by the applicable head of the retirement system or applicable medical board, then unless the contrary be proven by competent evidence, such retiree OR VESTEE shall be deemed to have died as a natural and proximate result of an accident sustained in the performance of duty and not as a result of willful negligence on his or her part. Such retiree's OR VESTEE'S eligible beneficiary, as set forth in section 13-347 of this subchapter, shall be entitled to an accidental death benefit as provided by sections 13-347 and 13-348 of this subchapter, however, for the purposes of determining the salary base upon which the accidental death benefit is calculated, the retiree OR VESTEE shall be deemed to have died on the date of his or her retirement OR SEPARATION FROM SERVICE WITH VESTED RIGHTS. Upon the retiree's OR VESTEE'S death, the eligible beneficiary shall make a written application to the head of the retirement system within the time for filing an application for an accidental death bene- fit as set forth in sections 13-347 and 13-348 of this subchapter requesting conversion of such retiree's service, VESTED RIGHT or disa- bility retirement benefit to an accidental death benefit. At the time of such conversion, the eligible beneficiary shall relinquish all rights to the prospective benefits payable under the service or disability retire- ment benefit OR VESTED RIGHT TO SUCH BENEFIT, including any post-retire- ment death benefits, since the retiree's OR VESTEE'S death. If the eligible beneficiary is not the only beneficiary receiving or entitled to receive a benefit under the service or disability retirement benefit (including, but not limited to, post-retirement death benefits or bene- fits paid or payable pursuant to the retiree's option selection), OR THAT WILL BE ELIGIBLE UNDER THE VESTED RIGHT the accidental death bene-
fit payments to the eligible beneficiary will be reduced by any amounts paid or payable to any other beneficiary. 4. Notwithstanding any other provision of this code or of any general, special or local law, charter, or rule or regulation to the contrary, if a member who: (1) has met the criteria of subdivision one of this section; [and] (2) dies in active service OR AFTER SEPARATING FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE, BUT PRIOR TO THE PAYABILITY OF THAT RETIREMENT ALLOWANCE; AND (3) DIES from a qualifying World Trade Center condition, as defined in section two of the retirement and social security law, as determined by the applicable head of the retirement system or applicable medical board, then unless the contrary be proven by competent evidence, such member shall be deemed to have died as a natural and proximate result of an accident sustained in the performance of duty and not as a result of willful negligence on his or her part. Such member's eligible benefici- ary, as set forth in section 13-347 of this subchapter, shall be enti- tled to an accidental death benefit provided he or she makes written application to the head of the retirement system within the time for filing an application for an accidental death benefit as set forth in section 13-347 of this subchapter. S 6. Paragraph 2 of subdivision c and subdivisions d and e of section 507-c of the retirement and social security law, as amended by chapter 489 of the laws of 2008, are amended to read as follows: 2. (a) Notwithstanding the provisions of this chapter or of any gener- al, special or local law, charter, administrative code or rule or regu- lation to the contrary, if a member who participated in World Trade Center rescue, recovery or cleanup operations, as defined in section two of this chapter, and subsequently retired on a service retirement, an ordinary disability retirement [or], a performance of duty disability retirement, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE and subsequent to such retirement OR SEPARATION which is determined by the head of the retire- ment system to have been a qualifying World Trade Center condition, as defined in section two of this chapter, upon such determination by the head of the retirement system, it shall be presumed that such disability was incurred in the performance and discharge of duty as the natural and proximate result of an accident not caused by such member's own willful negligence, and that the member would have been physically or mentally incapacitated for the performance and discharge of duty of the position from which he or she retired OR VESTED had the condition been known and fully developed at the time of the member's retirement OR SEPARATION FROM SERVICE WITH VESTED RIGHTS, unless the contrary is proved by compe- tent evidence. (b) The head of the retirement system shall consider a reclassifica- tion of the member's retirement OR VESTING as an accidental disability retirement effective as of the date of such reclassification. (c) Such member's retirement option shall not be changed as a result of such reclassification. (d) The member's former employer at the time of the member's retire- ment shall have an opportunity to be heard on the member's application for reclassification by the head of the retirement system according to procedures developed by the head of the retirement system. (e) The head of the retirement system is hereby authorized to promul- gate rules and regulations to implement the provisions of this para- graph.
d. Notwithstanding any other provision of this chapter or of any general, special or local law, charter, administrative code or rule or regulation to the contrary, if a retiree OR VESTEE who: (1) has met the criteria of subdivision c of this section and retired on a service or disability retirement, [or] would have met the criteria if not already retired on an accidental disability, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; and (2) has not been retired for more than twenty-five years; and (3) dies from a qualifying World Trade center condition, as defined in section two of this chapter, that is determined by the applicable head of the retire- ment system or applicable medical board, then unless the contrary be proven by competent evidence, such retiree OR VESTEE shall be deemed to have died as a natural and proximate result of an accident sustained in the performance of duty and not as a result of willful negligence on his or her part. Such retiree's OR VESTEE'S eligible beneficiary, as set forth in section five hundred one of this article, shall be entitled to an accidental death benefit as provided by section five hundred nine of this article, however, for the purposes of determining the salary base upon which the accidental death benefit is calculated, the retiree OR VESTEE shall be deemed to have died on the date of his or her retirement OR SEPARATION FROM SERVICE WITH VESTED RIGHTS. Upon the retiree's OR VESTEE'S death, the eligible beneficiary shall make a written applica- tion to the head of the retirement system within the time for filing an application for an accidental death benefit as set forth in section five hundred nine of this article requesting conversion of such retiree's service, VESTED RIGHT or disability retirement benefit to an accidental death benefit. At the time of such conversion, the eligible beneficiary shall relinquish all rights to the prospective benefits payable under the service or disability retirement benefit, OR VESTED RIGHT TO SUCH BENEFIT, including any post-retirement death benefits, since the retiree's OR VESTEE'S death. If the eligible beneficiary is not the only beneficiary receiving or entitled to receive a benefit under the service or disability retirement benefit (including, but not limited to, post-retirement death benefits or benefits paid or payable pursuant to the retiree's option selection), OR THAT WILL BE ELIGIBLE UNDER THE VESTED RIGHT the accidental death benefit payments to the eligible bene- ficiary will be reduced by any amounts paid or payable to any other beneficiary. e. Notwithstanding any other provision of this chapter or of any general, special or local law, charter, administrative code or rule or regulation to the contrary, if a member who: (1) has met the criteria of subdivision c of this section; [and] (2) dies in active service OR AFTER SEPARATING FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE, BUT PRIOR TO THE PAYABILITY OF THAT RETIREMENT ALLOWANCE; AND (3) DIES from a qualifying World Trade Center condition, as defined in section two of this chapter, that is determined by the applicable head of the retirement system or applicable medical board, then unless the contrary be proven by competent evidence, such member shall be deemed to have died as a natural and proximate result of an accident sustained in the performance of duty and not as a result of willful negligence on his or her part. Such member's eligible benefici- ary, as set forth in section five hundred one of this article, shall be entitled to an accidental death benefit provided he or she makes written application to the head of the retirement system within the time for filing an application for an accidental death benefit as set forth in section five hundred nine of this article.
S 7. Paragraph 2 of subdivision d and subdivisions e and f of section 605-b of the retirement and social security law, as amended by chapter 489 of the laws of 2008, are amended to read as follows: 2. (a) Notwithstanding the provisions of this chapter or of any gener- al, special or local law, charter, administrative code or rule or regu- lation to the contrary, if a member who participated in World Trade Center rescue, recovery or cleanup operations, as defined in section two of this chapter, and subsequently retired on a service retirement, an ordinary disability retirement [or], a performance of duty disability retirement, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE and subsequent to such retirement OR SEPARATION which is determined by the head of the retire- ment system to have a qualifying World Trade Center condition, as defined in section two of this chapter, upon such determination by the head of the retirement system it shall be presumed that such disability was incurred in the performance and discharge of duty as the natural and proximate result of an accident not caused by such member's own willful negligence, and that the member would have been physically or mentally incapacitated for the performance and discharge of duty of the position from which he or she retired had the condition been known and fully developed at the time of the member's retirement, unless the contrary is proven by competent evidence. (b) The head of the retirement system shall consider a reclassifica- tion of the member's retirement OR VESTING as an accidental disability retirement effective as of the date of such reclassification. (c) Such member's retirement option shall not be changed as a result of such reclassification. (d) The member's former employer at the time of the member's retire- ment shall have an opportunity to be heard on the member's application for reclassification by the head of the retirement system according to procedures developed by the head of the retirement system. (e) The head of the retirement system is hereby authorized to promul- gate rules and regulations to implement the provisions of this para- graph. e. Notwithstanding any other provision of this chapter or of any general, special or local law, charter, administrative code or rule or regulation to the contrary, if a retiree OR VESTEE who: (1) has met the criteria of subdivision d of this section and retired on a service or disability retirement, [or] would have met the criteria if not already retired on an accidental disability, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; and (2) has not been retired for more than twenty-five years; and (3) dies from a qualifying World Trade Center condition, as defined in section two of this chapter, as determined by the applicable head of the retirement system or applicable medical board, then unless the contrary be proven by competent evidence, such retiree OR VESTEE shall be deemed to have died as a natural and proximate result of an accident sustained in the performance of duty and not as a result of willful negligence on his or her part. Such retiree's OR VESTEE'S eligible beneficiary, as set forth in section six hundred one of this article, shall be entitled to an accidental death benefit as provided by section six hundred seven of this article, however, for the purposes of determining the salary base upon which the accidental death benefit is calculated, the retiree OR VESTEE shall be deemed to have died on the date of his or her retirement OR SEPARATION FROM SERVICE WITH VESTED RIGHTS. Upon the retiree's OR VESTEE'S death, the eligible beneficiary shall make a written applica-
tion to the head of the retirement system within the time for filing an application for an accidental death benefit as set forth in section six hundred seven of this article requesting conversion of such retiree's OR VESTEE'S service or disability retirement benefit to an accidental death benefit. At the time of such conversion, the eligible beneficiary shall relinquish all rights to the prospective benefits payable under the service or disability retirement benefit, OR VESTED RIGHT TO SUCH BENE- FIT, including any post-retirement death benefits, since the retiree's OR VESTEE'S death. If the eligible beneficiary is not the only benefi- ciary receiving or entitled to receive a benefit under the service or disability retirement benefit (including, but not limited to, post-re- tirement death benefits or benefits paid or payable pursuant to the retiree's option selection), OR THAT WILL BE ELIGIBLE UNDER THE VESTED RIGHT, the accidental death benefit payments to the eligible beneficiary will be reduced by any amounts paid or payable to any other beneficiary. f. Notwithstanding any other provision of this chapter or of any general, special or local law, charter, administrative code or rule or regulation to the contrary, if a member who: (1) has met the criteria of subdivision d of this section; [and] (2) dies in active service OR AFTER SEPARATING FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE, BUT PRIOR TO THE PAYABILITY OF THAT RETIREMENT ALLOWANCE; AND (3) DIES from a qualifying World Trade Center condition, as defined in section two of this chapter, as determined by the applica- ble head of the retirement system or applicable medical board to have been caused by such member's participation in the World Trade Center rescue, recovery or cleanup operations, as defined in section two of this chapter, then unless the contrary be proven by competent evidence, such member shall be deemed to have died as a natural and proximate result of an accident sustained in the performance of duty and not as a result of willful negligence on his or her part. Such member's eligible beneficiary, as set forth in section six hundred one of this article, shall be entitled to an accidental death benefit provided he or she makes written application to the head of the retirement system within the time for filing an application for an accidental death benefit as set forth in section six hundred seven of this article. S 8. Paragraph 2 of subdivision b and subdivisions c and d of section 605-c of the retirement and social security law, as amended by chapter 489 of the laws of 2008, are amended to read as follows: 2. (a) Notwithstanding the provisions of this chapter or of any gener- al, special or local law, charter, administrative code or rule or regu- lation to the contrary, if a member who participated in World Trade Center rescue, recovery or cleanup operations as defined in section two of this chapter, and subsequently retired on a service retirement, an ordinary disability retirement [or], a performance of duty disability retirement, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE and subsequent to such retirement OR SEPARATION is determined by the head of the retirement system to have a qualifying World Trade Center condition as defined in section two of this chapter, upon such determination by the head of the retirement system, it shall be presumed that such disability was incurred in the performance and discharge of duty as the natural and proximate result of an accident not caused by such member's own willful negligence, and that the member would have been physically or mentally incapacitated for the performance and discharge of duty of the position from which he or she retired had the condition been known and fully
developed at the time of the member's retirement, unless the contrary is proven by competent evidence. (b) The head of the retirement system shall consider a reclassifica- tion of the member's retirement OR VESTING as an accidental disability retirement effective as of the date of such reclassification. (c) Such member's retirement option shall not be changed as a result of such reclassification. (d) The member's former employer at the time of the member's retire- ment shall have an opportunity to be heard on the member's application for reclassification by the head of the retirement system according to procedures developed by the comptroller. (e) The head of the retirement system is hereby authorized to promul- gate rules and regulations to implement the provisions of this para- graph. c. Notwithstanding any other provision of this chapter or of any general, special or local law, charter, administrative code or rule or regulation to the contrary, if a retiree OR VESTEE who: (1) has met the criteria of subdivision b of this section and retired on a service or disability retirement, [or] would have met the criteria if not already retired on an accidental disability, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; and (2) has not been retired for more than twenty-five years; and (3) dies from a qualifying World Trade Center condition as defined in section two of this chapter, as determined by the applicable head of the retirement system or applicable medical board, then unless the contrary be proven by competent evidence, such retiree OR VESTEE shall be deemed to have died as a natural and proximate result of an accident sustained in the performance of duty and not as a result of willful negligence on his or her part. Such retiree's OR VESTEE'S eligible beneficiary, as set forth in section six hundred one of this article, shall be entitled to an accidental death benefit as provided by section six hundred seven of this article, however, for the purposes of determining the salary base upon which the accidental death benefit is calculated, the retiree OR VESTEE shall be deemed to have died on the date of his or her retirement OR SEPARATION FROM SERVICE WITH VESTED RIGHTS. Upon the retiree's OR VESTEE'S death, the eligible beneficiary shall make a written applica- tion to the head of the retirement system within the time for filing an application for an accidental death benefit as set forth in section six hundred seven of this article requesting conversion of such retiree's service, VESTED RIGHT or disability retirement benefit to an accidental death benefit. At the time of such conversion, the eligible beneficiary shall relinquish all rights to the prospective benefits payable under the service or disability retirement benefit, OR VESTED RIGHT TO SUCH BENEFIT, including any post-retirement death benefits, since the retiree's OR VESTEE'S death. If the eligible beneficiary is not the only beneficiary receiving or entitled to receive a benefit under the service or disability retirement benefit (including, but not limited to, post-retirement death benefits or benefits paid or payable pursuant to the retiree's option selection), OR THAT WILL BE ELIGIBLE UNDER THE VESTED RIGHT, the accidental death benefit payments to the eligible beneficiary will be reduced by any amounts paid or payable to any other beneficiary. d. Notwithstanding any other provision of this chapter or of any general, special or local law, charter, administrative code or rule or regulation to the contrary, if a member who: (1) has met the criteria of subdivision b of this section; [and] (2) dies in active service OR AFTER
SEPARATING FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE, BUT PRIOR TO THE PAYABILITY OF THAT RETIREMENT ALLOWANCE; AND (3) DIES from a qualifying World Trade Center condition, as defined in section two of this chapter, as determined by the applica- ble head of the retirement system or applicable medical board to have been caused by such member's participation in the World Trade Center rescue, recovery or cleanup operations, as defined in section two of this chapter, then unless the contrary be proven by competent evidence, such member shall be deemed to have died as a natural and proximate result of an accident sustained in the performance of duty and not as a result of willful negligence on his or her part. Such member's eligible beneficiary, as set forth in section six hundred one of this article, shall be entitled to an accidental death benefit provided he or she makes written application to the head of the retirement system within the time for filing an application for an accidental death benefit as set forth in section six hundred seven of this article. S 9. Paragraph 2 of subdivision c and subdivisions d and e of section 607-b of the retirement and social security law, as amended by chapter 489 of the laws of 2008, are amended to read as follows: 2. (a) Notwithstanding the provisions of this chapter or of any gener- al, special or local law, charter, administrative code or rule or regu- lation to the contrary, if a member who participated in World Trade Center rescue, recovery or cleanup operations as defined in section two of this chapter, and subsequently retired on a service retirement, an ordinary disability retirement [or], a performance of duty disability retirement, OR WAS SEPARATED FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE, and subsequent to such retirement OR SEPARATION is determined by the comptroller to have a qualifying World Trade Center condition, as defined in section two of this chapter, upon such determination by the head of the retirement system, it shall be presumed that such disability was incurred in the performance and discharge of duty as the natural and proximate result of an accident not caused by such member's own willful negligence, and that the member would have been physically or mentally incapacitated for the performance and discharge of duty of the position from which he or she retired had the condition been known and fully developed at the time of the member's retirement, unless the contrary is proven by competent evidence. (b) The head of the retirement system shall consider a reclassifica- tion of the member's retirement OR VESTING as an accidental disability retirement effective as of the date of such reclassification. (c) Such member's retirement option shall not be changed as a result of such reclassification. (d) The member's former employer at the time of the member's retire- ment shall have an opportunity to be heard on the member's application for reclassification by the NYCERS board of trustees according to proce- dures developed by the NYCERS board of trustees. (e) The head of each retirement system is hereby authorized to promul- gate rules and regulations to implement the provisions of this para- graph. d. Notwithstanding any other provision of this chapter or of any general, special or local law, charter, administrative code or rule or regulation to the contrary, if a retiree OR VESTEE who: (1) has met the criteria of subdivision c of this section and retired on a service or disability retirement, [or] would have met the criteria if not already retired on an accidental disability, OR WAS SEPARATED FROM SERVICE WITH
A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE; and (2) has not been retired for more than twenty-five years; and (3) dies from a qualifying World Trade Center condition, as defined in section two of this chapter, as determined by the applicable head of the retirement system or applicable medical board, then unless the contrary be proven by competent evidence, such retiree OR VESTEE shall be deemed to have died as a natural and proximate result of an accident sustained in the performance of duty and not as a result of willful negligence on his or her part. Such retiree's OR VESTEE'S eligible beneficiary, as set forth in section six hundred one of this article, shall be entitled to an accidental death benefit as provided by section six hundred seven of this article, however, for the purposes of determining the salary base upon which the accidental death benefit is calculated, the retiree OR VESTEE shall be deemed to have died on the date of his or her retirement OR SEPARATION FROM SERVICE WITH VESTED RIGHTS. Upon the retiree's OR VESTEE'S death, the eligible beneficiary shall make a written applica- tion to the head of the retirement system within the time for filing an application for an accidental death benefit as set forth in section six hundred seven of this article requesting conversion of such retiree's service, VESTED RIGHT or disability retirement benefit to an accidental death benefit. At the time of such conversion, the eligible beneficiary shall relinquish all rights to the prospective benefits payable under the service or disability retirement benefit, OR VESTED RIGHT TO SUCH BENEFIT, including any post-retirement death benefits, since the retiree's OR VESTEE'S death. If the eligible beneficiary is not the only beneficiary receiving or entitled to receive a benefit under the service or disability retirement benefit (including, but not limited to, post-retirement death benefits or benefits paid or payable pursuant to the retiree's option selection), OR THAT WILL BE ELIGIBLE UNDER THE VESTED RIGHT, the accidental death benefit payments to the eligible beneficiary will be reduced by any amounts paid or payable to any other beneficiary. e. Notwithstanding any other provision of this chapter or of any general, special or local law, charter, administrative code or rule or regulation to the contrary, if a member who: (1) has met the criteria of subdivision c of this section; [and] (2) dies in active service OR AFTER SEPARATING FROM SERVICE WITH A VESTED RIGHT TO DEFERRED PAYABILITY OF A RETIREMENT ALLOWANCE, BUT PRIOR TO THE PAYABILITY OF THAT RETIREMENT ALLOWANCE; AND (3) DIES from a qualifying World Trade Center condition, as defined in section two of this chapter, as determined by the applica- ble head of the retirement system or applicable medical board to have been caused by such member's participation in the World Trade Center rescue, recovery or cleanup operations, as defined in [subparagraph (d) of paragraph one of subdivision c of this section] SECTION TWO OF THIS CHAPTER, then unless the contrary be proven by competent evidence, such member shall be deemed to have died as a natural and proximate result of an accident sustained in the performance of duty and not as a result of willful negligence on his or her part. Such member's eligible benefici- ary, as set forth in section six hundred one of this article, shall be entitled to an accidental death benefit provided he or she makes written application to the head of the retirement system within the time for filing an application for an accidental death benefit as set forth in section six hundred seven of this article. S 10. Subdivision 3 of section 161 of the workers' compensation law, as added by chapter 446 of the laws of 2006, is amended to read as follows:
3. "Qualifying condition" means any [latent disease or condition] OF THE FOLLOWING DISEASES OR CONDITIONS resulting from a hazardous exposure during participation in World Trade Center rescue, recovery or clean-up operations: (A) DISEASES OF THE UPPER RESPIRATORY TRACT AND MUCOSAE, INCLUDING CONDITIONS SUCH AS CONJUNCTIVITIS, RHINITIS, SINUSITIS, PHARYNGITIS, LARYNGITIS, VOCAL CORD DISEASE, UPPER AIRWAY HYPER-REACTIVITY AND TRACHEO-BRONCHITIS, OR A COMBINATION OF SUCH CONDITIONS; (B) DISEASES OF THE LOWER RESPIRATORY TRACT, INCLUDING BUT NOT LIMITED TO BRONCHITIS, ASTHMA, REACTIVE AIRWAY DYSFUNCTION SYNDROME, AND DIFFER- ENT TYPES OF PNEUMONITIS, SUCH AS HYPERSENSITIVITY, GRANULOMATOUS, OR EOSINOPHILIC; (C) DISEASES OF THE GASTROESOPHAGEAL TRACT, INCLUDING ESOPHAGITIS AND REFLUX DISEASE, EITHER ACUTE OR CHRONIC, CAUSED BY EXPOSURE OR AGGRA- VATED BY EXPOSURE; (D) DISEASES OF THE PSYCHOLOGICAL AXIS, INCLUDING POST-TRAUMATIC STRESS DISORDER, ANXIETY, DEPRESSION, OR ANY COMBINATION OF SUCH CONDI- TIONS; OR (E) NEW ONSET DISEASES RESULTING FROM EXPOSURE AS SUCH DISEASES OCCUR IN THE FUTURE INCLUDING CANCER, CHRONIC OBSTRUCTIVE PULMONARY DISEASE, ASBESTOS-RELATED DISEASE, HEAVY METAL POISONING, MUSCULOSKELETAL DISEASE AND CHRONIC PSYCHOLOGICAL DISEASE. S 11. Section 162 of the workers' compensation law, as amended by chapter 489 of the laws of 2008, is amended to read as follows: S 162. Registration of participation in World Trade Center rescue, recovery and clean-up operations. In order for the claim of a partic- ipant in World Trade Center rescue, recovery and clean-up operations to come within the application of this article, such participant must file a written and sworn statement with the board on a form promulgated by the chair indicating the dates and locations of such participation and the name of such participant's employer during the period of partic- ipation. Such statement must be filed not later than September eleventh, two thousand [ten] FOURTEEN. The board shall transmit a copy of such statement to the employer or carrier named therein. The filing of such a statement shall not be considered the filing of a claim for benefits under this chapter. S 12. Section 165 of the workers' compensation law, as added by chap- ter 446 of the laws of 2006, is amended to read as follows: S 165. Reopening of disallowed claims. The board, upon receiving a statement duly filed as required under section one hundred sixty-two of this article, from a participant in World Trade Center rescue, recovery and clean-up operations for a qualifying condition that was disallowed as barred by section eighteen or section twenty-eight of this chapter OR BY SECTION ONE HUNDRED SIXTY-TWO OF THIS ARTICLE FOR FAILURE TO REGISTER TIMELY shall reopen and redetermine such claim in accordance with the provisions of this article, provided that no such previously disallowed claim for a qualifying condition shall be determined to have a date of disablement that would bar the claim under section eighteen or section twenty-eight of this chapter. S 13. Section 168 of the workers' compensation law, as added by chap- ter 489 of the laws of 2008, is amended to read as follows: S 168. Additional period for filing certain claims. 1. A claim by a participant in the World Trade Center rescue, recovery or cleanup oper- ations whose disablement occurred between September eleventh, two thou- sand three, and September eleventh, two thousand eight, shall not be disallowed as barred by section eighteen or section twenty-eight of this
chapter if such claim is filed on or before September eleven, two thou- sand ten. Any such claim by a participant in the World Trade Center rescue, recovery or cleanup operations whose disablement occurred between September eleventh, two thousand three, and September eleventh, two thousand eight, and was disallowed by section eighteen or twenty- eight of this chapter shall be reconsidered by the board. 2. A CLAIM BY A PARTICIPANT IN THE WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS WHOSE DISABLEMENT OCCURRED BETWEEN SEPTEMBER TWELFTH, TWO THOUSAND EIGHT, AND SEPTEMBER ELEVENTH, TWO THOUSAND TWELVE, SHALL NOT BE DISALLOWED AS BARRED BY SECTION EIGHTEEN OR SECTION TWENTY-EIGHT OF THIS CHAPTER IF SUCH CLAIM IS FILED ON OR BEFORE SEPTEM- BER ELEVENTH, TWO THOUSAND FOURTEEN. ANY SUCH CLAIM BY A PARTICIPANT IN THE WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS WHOSE DISABLEMENT OCCURRED BETWEEN SEPTEMBER ELEVENTH, TWO THOUSAND EIGHT, AND SEPTEMBER ELEVENTH, TWO THOUSAND TWELVE, AND WAS DISALLOWED BY SECTION EIGHTEEN OR TWENTY-EIGHT OF THIS CHAPTER SHALL BE RECONSIDERED BY THE BOARD. S 14. Paragraph (a) of subdivision 36 of section 2 of the retirement and social security law, as added by chapter 489 of the laws of 2008, is amended to read as follows: (a) "Qualifying World Trade Center condition" shall mean a qualifying condition or impairment of health resulting in disability to a member who participated in World Trade Center rescue, recovery or cleanup oper- ations for a qualifying period, as those terms are defined below, provided the following conditions have been met: (i) such member, or eligible beneficiary in the case of the member's death, must have filed a written and sworn statement with the member's retirement system on a form provided by such system indicating the underlying dates and locations of employment not later than September eleventh, two thousand ten, OR ANY LATER DATE AS HEREINAFTER PROVIDED IN THIS PARAGRAPH; and (ii) such member has either successfully passed a physical examination for entry into public service, or authorized release of all relevant medical records, if the member did not undergo a physical examination for entry into public service; and (iii) there is no evidence of the qualifying condition or impairment of health that formed the basis for the disability in such physical examination for entry into public service or in the relevant medical records, prior to September eleventh, two thousand one. THE DEADLINE FOR FILING A WRITTEN AND SWORN STATEMENT REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH IS HEREBY EXTENDED TO SEPTEMBER ELEVENTH, TWO THOUSAND FOURTEEN FOR SUCH MEMBER, OR ELIGIBLE BENEFICIARY IN THE CASE OF THE MEMBER'S DEATH, OF A LOCAL RETIREMENT SYSTEM OF A CITY WITH A POPULATION OF ONE MILLION OR MORE THAT IS COVERED BY SECTION 13-551 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, OR BY SECTION TWENTY-FIVE HUNDRED SEVENTY-FIVE OF THE EDUCATION LAW AND FOR SUCH MEMBER WHO SEPARATED FROM SERVICE WITH VESTED RIGHTS, OR ELIGIBLE BENEFICIARY OF SUCH MEMBER WHO SEPARATED FROM SERVICE WITH VESTED RIGHTS IN THE CASE OF THE MEMBER'S DEATH, OF LOCAL RETIREMENT SYSTEMS OF A CITY WITH A POPULATION OF ONE MILLION OR MORE WHO ARE COVERED BY SECTIONS 13-168, 13-252.1 AND 13-353.1 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK AND SECTIONS FIVE HUNDRED SEVEN-C, SIX HUNDRED FIVE-B, SIX HUNDRED FIVE-C, AND SIX HUNDRED SEVEN-B OF THIS CHAPTER. EVERY RETIREMENT SYSTEM SHALL KEEP A COPY OF EVERY WRITTEN AND SWORN STATEMENT THAT IS PRESENTED FOR FILING NOT LATER THAN SEPTEMBER ELEVENTH, TWO THOUSAND FOURTEEN, INCLUDING THOSE THAT ARE REJECTED FOR FILING AS UNTIMELY.
S 15. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after September 11, 2001; provided, however, that the amendments to sections 161, 162, 165 and 168 of the workers' compensation law made by sections ten, eleven, twelve and thirteen of this act, respectively, shall apply to all open and closed claims coming within its purview. FISCAL NOTE.-- Pursuant to Legislative Law, Section 50: PROVISIONS OF PROPOSED LEGISLATION: With respect the the New York city Retirement Systems ("NYCRS"), the proposed legislation would amend Administrative Code of the City of New York ("ACNY") Sections 13-551, 13-168, 13-525.1 and 13-353.1, Education Law Section 2575, Retirement and Social Security Law ("RSSL") Sections 2, 507-c, 605-b, 605-c and 607-b, and Workers' Compensation Law Sections 161,162, 165 and 168 to extend the provisions of the World Trade Center ("WTC") Disability Law to certain members who participated in the Rescue, Recovery or Clean-up operations related to the WTC attack on September 11, 2001 and expand certain provisions of the Workers' Compensation Law relating to the deadline for filing a registration of participation in the WTC Rescue, Recovery or Clean-up operations, the additional period for filing certain WTC-related claims and the reconsideration of certain disallowed WTC-related claims. The NYCRS include: New York City Employees' Retirement System ("NYCERS"), New York City Teachers' Retirement System ("NYCTRS"), New York City Board of Education Retirement System ("BERS"), New York City Police Pension Fund ("POLICE") and New York Fire Department Pension Fund ("FIRE"). The WTC Disability Law was enacted under Chapter 104 of the Laws of 2005, and was amended by Chapter 93 of the laws of 2005, Chapter 102 of the Laws of 2006, Chapter 444 of the Laws of 2006, Chapter 445 of the Laws of 2006, Chapter 5 of the Laws of 2007, Chapter 214 of the Laws of 2007, Chapter 495 of the Laws of 2007, Chapter 489 of the Laws of 2008 and Chapter 361 of the Laws of 2010. The Effective Date of this proposed Legislation would be retroactive to September 11, 2001. BENEFITS UNDER EXISTING WTC-RELATED PROVISIONS ACCIDENTAL DISABILITY RETIREMENT BENEFITS With respect to the NYCRS, under current law, active, retired and vested groups covered by the WTC Disability Law could potentially be eligible for WTC-related benefits ("WTC Potential Recipients"). If an active, retired or vested WTC Potential Recipient becomes partially or totally disabled due to a WTC-Related Malady, such condi- tion or impairment of health incurred by the member would be considered presumptive evidence that it was sustained in the line-of-duty as the result of an accident unless the contrary can be proven by competent evidence. Once such member's application is approved by the respective NYCRS Medical Board and the respective NYCRS Board of Trustees ("BOT"), then such member would be entitled to the applicable Accidental Disability Retirement ("ADR") Benefit ("ACCDIS") that is payable for a member in such NYCRS at such tier and based upon a respective job title, if appli- cable. Such ACCDIS are generally subject to the offset from any Workers' Compensation benefits payable. Under current law, if an active WTC Potential Recipient who retires initially for Service Retirement ("SERV"), Ordinary Disability Retire- ment ("ODR"), Accidental Disability Retirement ("ADR") or Performance of Duty Disability Retirement ("PODR") becomes partially or totally disa-

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