Bill S7628A-2013

Extends deadline during which to file as having a World Trade Center condition, and modifies qualifications

Extends deadline during which to file as having a World Trade Center condition, and modifies qualifications.

Details

Actions

  • Jun 17, 2014: returned to senate
  • Jun 17, 2014: passed assembly
  • Jun 17, 2014: ordered to third reading rules cal.309
  • Jun 17, 2014: substituted for a9562a
  • Jun 16, 2014: referred to ways and means
  • Jun 16, 2014: DELIVERED TO ASSEMBLY
  • Jun 16, 2014: PASSED SENATE
  • Jun 11, 2014: ORDERED TO THIRD READING CAL.1308
  • Jun 11, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 10, 2014: PRINT NUMBER 7628A
  • Jun 10, 2014: AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • May 21, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 11, 2014
Ayes (21): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Montgomery, Parker, Gianaris
Ayes W/R (1): Krueger
Nays (1): Perkins
Excused (2): Hassell-Thompson, Espaillat

Memo

BILL NUMBER:S7628A

TITLE OF BILL: An act to amend the retirement and social security law, in relation to injuries or illnesses suffered as a result of participating in rescue, recovery and cleanup directly related to attacks at the World Trade Center on September 11, 2001

PURPOSE: Reopens notice of participation for certain members who contracted illness suffered as a result of participating in rescue, recovery, and clean up directly related to attacks at the World Trade Center on September 11, 2001.

SUMMARY OF PROVISIONS: Extends the deadline during which to file as having a world trade center condition and modifies qualifications.

JUSTIFICATION: This bill will extend the deadline for filing a registration of participation under the World Trade Center (WTC) Disability Law for those members who were eligible and never filed an application. Some of these members have become disabled with a WTC qualifying condition and have been precluded from receiving the WTC disability benefits because they never filed the notice of participation during the open window period. This bill will correct this inequity.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: See fiscal note.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7628--A IN SENATE May 21, 2014 ___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the retirement and social security law, in relation to injuries or illnesses suffered as a result of participating in rescue, recovery and cleanup directly related to 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. Paragraph (a) of subdivision 36 of section 2 of the retire- ment and social security law, as amended by chapter 489 of the laws of 2013, 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;] FIFTEEN, 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 exam- ination 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 EXCEPT 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 BENE- FICIARY OF SUCH MEMBER WHO SEPARATED FROM SERVICE WITH VESTED RIGHTS IN THE CASE OF THE MEMBER'S DEATH, OF A LOCAL RETIREMENT SYSTEM OF A CITY WITH A POPULATION OF ONE MILLION OR MORE WHO ARE COVERED BY SECTIONS 13-168, 13-252.1 OR 13-353.1 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK OR SECTIONS FIVE HUNDRED SEVEN-C, SIX HUNDRED FIVE-B, SIX HUNDRED FIVE-C, OR SIX HUNDRED SEVEN-B OF THIS CHAPTER. The deadline for filing a written and sworn statement required by subparagraph (i) of this paragraph [is hereby extended to] SHALL BE 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 A local retirement [systems] SYSTEM of a city with a population of one million or more who are covered by sections 13-168, 13-252.1 [and] OR 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] OR 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] FIFTEEN, including those that are rejected for filing as untimely. S 2. Notwithstanding any other provision of law to the contrary, none of the provisions of this act shall be subject to section 25 of the retirement and social security law. S 3. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: PROVISIONS OF PROPOSED LEGISLATION: With respect to the New York City Retirement Systems ("NYCRS"), the proposed legislation would amend Retirement and Social Security Law ("RSSL") Section 2, to extend the deadline for filing a registration of participation under the World Trade Center ("WTC") Disability Law to certain members who participated in the Rescue, Recovery or Cleanup operations related to the World Trade Center attack on September 11, 2001. 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, Chapter 361 of the Laws of 2010 and Chapter 489 of 2013. The Effective Date of this proposed legislation would be the date of enactment. DEADLINES FOR FILING A REGISTRATION OF PARTICIPATION UNDER EXISTING WTC-RELATED PROVISIONS: Under current law, as a result of the enactment of Chapter 489 of 2013, the deadline for filing a written and sworn statement with the member's retirement system to register for partic- ipation under the WTC Disability Law is September 11, 2014 for certain

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