S 10605

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   10605
                             I N  S E N A T E
                               May 29, 2026
                                ___________
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 AN ACT to amend the retirement and social security law and the  workers'
   compensation law, in relation to extending the deadline for submission
   of a notice that a member of a retirement system participated in World
   Trade Center rescue, recovery or cleanup operations
   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 561 of the  laws  of
 2022, 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 either
 filed  a written and sworn statement with the member's retirement system
 on a form provided by such system, or as allowed by the member's retire-
 ment system, electronically submitted a statement on a form provided  by
 such  system  through  a secure online portal maintained by the member's
 retirement system that has duly validated the member's  identity,  indi-
 cating  the  underlying dates and locations of employment not later than
 September eleventh, two thousand  [twenty-six]  THIRTY,  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 disabil-
 ity 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 adminis-
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15895-03-6
 S. 10605                            2
 trative  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 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  shall  be
 September eleventh, two thousand [twenty-six] THIRTY 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 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 administra-
 tive code of the city of New York and sections five hundred seven-c, six
 hundred five-b, six hundred five-c, or six hundred seven-b of this chap-
 ter. 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 [twenty-six] THIRTY,  including  those  that  are
 rejected for filing as untimely.
   § 2. Section 162 of the workers' compensation law, as amended by chap-
 ter 561 of the laws of 2022, is amended to read as follows:
   §  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 [twenty-six] THIRTY. 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 bene-
 fits under this chapter.
   § 3. Section 168 of the workers' compensation law is amended by adding
 a new subdivision 6 to read as follows:
   6. A CLAIM BY A PARTICIPANT IN THE WORLD TRADE CENTER RESCUE, RECOVERY
 OR CLEANUP OPERATIONS WHOSE DISABLEMENT OCCURRED BETWEEN SEPTEMBER ELEV-
 ENTH, TWO THOUSAND TWENTY-ONE,  AND  SEPTEMBER  ELEVENTH,  TWO  THOUSAND
 TWENTY-FIVE,  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 ELEVENTH, TWO THOUSAND THIRTY. ANY SUCH CLAIM BY A PARTICIPANT
 IN THE WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP  OPERATIONS  WHOSE
 DISABLEMENT  OCCURRED  BETWEEN  SEPTEMBER ELEVENTH, TWO THOUSAND TWENTY-
 ONE, AND SEPTEMBER ELEVENTH, TWO THOUSAND TWENTY-FIVE,  AND  WAS  DISAL-
 LOWED  BY  SECTION  EIGHTEEN  OR  TWENTY-EIGHT  OF THIS CHAPTER SHALL BE
 RECONSIDERED BY THE BOARD.
   § 4. Notwithstanding any other provision to the contrary, none of  the
 provisions  of this act shall be subject to section 25 of the retirement
 and social security law.
 S. 10605                            3
   § 5. 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 162 and  168  of  the
 workers'  compensation  law  made by sections two and three of this act,
 respectively,  shall  apply  to all open and closed claims coming within
 the purview of the workers' compensation board.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would extend the deadline to submit  a  World  Trade  Center
 (WTC) Notice from September 11, 2026 to September 11, 2030.
   The provisions of section 25 of the RSSL shall not apply.
   Insofar  as  this bill affects the New York State and Local Retirement
 System (NYSLRS), more retirement benefits would be reclassified as acci-
 dental disability benefits. The cost of the revised benefit will  depend
 upon  the applicant's age, service, salary, plan, and any benefit other-
 wise payable, but is expected to average:
 Benefit prior       None        Ordinary     Perf. of          Service
 to enactment:                    Disab.        Duty         Retirement
 NYSLRS cost      10.5 times    5.5 times      3 times        2.5 times
 of proposal:     salary          salary       salary            salary
   This bill would also increase the number of accidental death  benefits
 granted.  The  additional cost for each death is expected to average 4.5
 times final average salary in NYSLERS and 14 times in NYSLPFRS.
   Further, we anticipate some  administrative  costs  to  implement  the
 provisions of this legislation.
   The  number  of  current  and future members and retirees who could be
 affected by this legislation cannot be readily determined.
   Summary of relevant resources:
   Membership data as of March 31, 2025 was used to measure the impact of
 the bill, the same data used in the Actuarial Valuations dated April  1,
 2025. Distributions and other statistics can be found in the 2025 Report
 of  the  Actuary and the 2025 Annual Comprehensive Financial Report. The
 actuarial assumptions and methods used are described in the 2025  Annual
 Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules
 and  Regulations  of  the State of New York: Audit and Control. The fair
 value of assets and GASB disclosures can be found in the 2025  Financial
 Statements and Supplementary Information.
   Assumptions,  demographics,  and  other  considerations  may have been
 modified to better reflect specific provisions of any  proposed  benefit
 change(s).
   This  fiscal note does not constitute a legal opinion on the viability
 of the bill, nor is it intended to serve as a substitute for the profes-
 sional judgment of an attorney.
   This estimate, dated May 20, 2026, and intended for  use  only  during
 the  2026  Legislative Session, is Fiscal Note Number 2026-229. As Chief
 Actuary of the New York State and Local Retirement System  (NYSLRS),  I,
 Aaron  Schottin  Young,  hereby certify that this analysis complies with
 applicable Actuarial Standards of  Practice  as  well  as  the  Code  of
 Professional  Conduct  and Qualification Standards for Actuaries Issuing
 Statements of Actuarial Opinion of the American Academy of Actuaries, of
 which I am a member. I am a member of  NYSLRS  but  do  not  believe  it
 impairs my objectivity.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   Bill Description:
 S. 10605                            4
   This  fiscal  note is prepared for legislative bill draft #15895-02-6.
 This bill would amend subdivision 36 of Section 2 of the Retirement  and
 Social  Security Law to extend the deadline for filing notice of partic-
 ipation in the World Trade Center rescue, recover or cleanup  operations
 during  the  qualifying period to September 11, 2030. Members who become
 disabled or deceased because of a qualifying World Trade  Center  condi-
 tion  are  presumed  to have been because of an accidental or on-the-job
 disability or death. The current deadline for filing  is  September  11,
 2026.
   Cost:
   The  annual  cost to the participating employers of the New York State
 Teachers' Retirement System is estimated to be negligible if  this  bill
 is enacted because it is anticipated there would be few members eligible
 for an accidental disability or death benefit.
   Data:
   Member data as of June 30, 2025, prepared for the most recent actuari-
 al  valuation  was  used  in determining this cost. The most recent data
 distributions and statistics can be found in the System's Annual  Report
 for  the  fiscal year ended June 30, 2025. System assets are as reported
 in the System's financial statements which can be found in the  System's
 Annual Report. This data will also be provided in the System's Actuarial
 Valuation Report as of June 30, 2025.
   Methods and Assumptions:
   A summary of actuarial assumptions and methods will be provided in the
 System's Actuarial Valuation Report as of June 30, 2025. Further details
 can  be  found in the most recent Recommended Actuarial Assumptions 2025
 Report.
   Actuarial Certification:
   We, the undersigned actuaries for the New York State Teachers' Retire-
 ment System, certify the following:
   1. The actuarial assumptions, methods, and data  used  are  reasonable
 for  the  purposes of this fiscal note, internally consistent and are in
 accordance with standards of practice prescribed by the Actuarial Stand-
 ards Board and generally accepted actuarial principles and procedures.
   2. We relied on member data supplied by the participating employers of
 the New York State Teachers' Retirement System and assets as supplied in
 the annual Financial Statements by NYSTRS' Finance Department.
   3. Results were prepared based on our  current  understanding  of  the
 proposal  as  of  the  date  of this fiscal note. If the language or our
 understanding of the proposal changes,  the  results  could  change  and
 require the issuance of a new fiscal note. The next annual update of the
 actuarial valuation could also produce different results. Results should
 not be relied upon for any other purpose.
   4.  This  fiscal  note  was prepared in accordance with New York State
 Retirement and Social Security Law, New York State Education Law, appli-
 cable Internal Revenue Code, and accepted actuarial standards  of  prac-
 tice  as  of  the  date  of  this fiscal note. This fiscal note does not
 constitute  a  legal  opinion  on  the  viability  of  this  legislative
 proposal.
   5. We are members of the American Academy of Actuaries and the Society
 of  Actuaries,  and  we meet the Qualification Standards of the American
 Academy of Actuaries to render the actuarial opinion  contained  herein.
 We  are currently compliant with the Continuing Professional Development
 Requirement of the Society of Actuaries.
   Fiscal Note Identification:
 S. 10605                            5
   This Fiscal Note, 2026-61, dated May 26, 2026,  was  prepared  by  the
 Office  of the Actuary of the New York State Teachers' Retirement System
 and is intended for use only during the 2026 Legislative Session.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   SUMMARY: This proposed legislation, as it relates to the New York City
 Retirement  Systems  and Pension Funds (NYCRS) would extend the deadline
 for filing a Notice of Participation under the World Trade Center  (WTC)
 Disability  Law  for  certain  members  who  participated in the Rescue,
 Recovery, or Cleanup operations related to the WTC attack  on  September
 11, 2001.
   EXPECTED  INCREASE  (DECREASE) IN EMPLOYER CONTRIBUTIONS: The increase
 in employer contributions resulting from the proposed legislation  would
 depend  on the number of additional members who timely file the required
 form, meet the requirements of the WTC Disability  Law,  and  ultimately
 benefit from such Law.
   Most members eligible for the benefits provided under the WTC Disabil-
 ity  Law  have  already  filed the required form to register for partic-
 ipation.  Therefore, for the purpose of this Fiscal  Note  it  has  been
 assumed  that  only a minimal number of NYCRS members would benefit from
 the proposed legislation and that the increase in employer contributions
 would likely be de minimis.
   IMPACT ON FILING DEADLINE: Currently, the deadline to file a Notice of
 Participation for NYCRS members is September 11, 2026.
   Under the proposed legislation, the  deadline  to  file  a  Notice  of
 Participation under the WTC Disability Law would be September 11, 2030.
   ASSUMPTIONS  AND  METHODS:  The  estimates  presented herein have been
 calculated based on the Revised 2021 Actuarial Assumptions  and  Methods
 of the impacted retirement systems.
   Potential  savings related to additional Workers' Compensation offsets
 under the proposed legislation were not considered for purposes of  this
 Fiscal Note.
   RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
 highly on the actuarial assumptions, methods,  and  models  used,  demo-
 graphics  of  the impacted population, and other factors such as invest-
 ment, contribution, and other risks. If actual experience deviates  from
 actuarial   assumptions,  the  actual  costs  could  differ  from  those
 presented herein. Quantifying these risks is beyond the  scope  of  this
 Fiscal Note.
   This  Fiscal  Note  is intended to measure pension-related impacts and
 does not include other potential costs (e.g., administrative  and  Other
 Postemployment  Benefits). This Fiscal Note does not reflect any chapter
 laws that may have been enacted during the current legislative session.
   STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
 sky are members of the Society of Actuaries and the American Academy  of
 Actuaries.  We  are members of NYCERS, but do not believe it impairs our
 objectivity, and we meet the Qualification  Standards  of  the  American
 Academy  of  Actuaries to render the actuarial opinion contained herein.
 To the best of our knowledge, the results  contained  herein  have  been
 prepared  in accordance with generally accepted actuarial principles and
 procedures and with the Actuarial Standards of Practice  issued  by  the
 Actuarial Standards Board.
   FISCAL  NOTE  IDENTIFICATION:  This  Fiscal Note 2026-94 dated May 29,
 2026 was prepared by the Chief Actuary for the New York City  Retirement
 Systems  and  Pension Funds and is intended for use only during the 2026
 Legislative Session.