ASSEMBLY BILL _A9962-A SAME AS SENATE BILL _S6624-A

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					        ASSEMBLY BILL #A9962-A SAME AS SENATE BILL #S6624-A

                           LAWS OF NEW YORK, 2006

                                    CHAPTER 102

                            (See FISCAL NOTE at end of Chapter.)

  AN ACT to amend the retirement and social security law, in relation to
presumptive eligibility for an accidental disability for injury or illness related to
the terrorist attack on September 11, 2001 with respect to correction members of
the New York city employees' retirement system

     Became a law June 13, 2006, with the approval of the Governor.
       Passed by a majority vote, three-fifths being present.

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

   Section 1. Section 507-c of the retirement and social security law is
amended by adding a new subdivision c to read as follows:
   c. 1. (a) Notwithstanding any provisions of this chapter or of any
general, special or local law, charter, administrative code or rule or
regulation to the contrary, any condition or impairment of health caused
by a qualifying condition or impairment of health resulting in disability to
a member who participated in World Trade Center rescue, recovery or
cleanup operations for a minimum of forty hours 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. A member shall be eligible for the presumption
provided for under this paragraph notwithstanding the fact that the
member did not participate in World Trade Center recovery and cleanup
operations for a minimum of forty hours, provided that: (i) the member
participated in the rescue, recovery or cleanup operations at the World
Trade Center site between September eleventh, two thousand one and
September twelfth, two thousand one; (ii) the member sustained a
documented physical injury at the World Trade Center site between
September eleventh, two thousand one and September twelfth, two
thousand one that is a qualifying condition or impairment of health
resulting in disability to the member that prevented the member from
continuing to participate in World Trade Center recovery or cleanup
operations for a minimum of forty hours; and (iii) the documented
physical injury that resulted in a disability to the member that prevented
the member from continuing to participate in World Trade Center rescue,
recovery or cleanup operations for a minimum of forty hours is the
qualifying condition or impairment of health which the member seeks to be
eligible for the presumption provided for under this paragraph.
   (b) In order to be eligible for the presumption provided for under
subparagraph (a) of this paragraph, a member must have successfully
passed a physical examination for entry into public service which failed to
disclose evidence of the qualifying condition or impairment of health that
formed the basis for the disability.

 EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law
              to be omitted.
 CHAP. 102               2

    (c) For purposes of this subdivision "qualifying condition or impairment
of health" shall include:
    (i) 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;
    (ii) Diseases of the lower respiratory tract, including but not limited to
bronchitis, asthma, reactive airway dysfunction syndrome and different
types of pneumonitis, such as hypersensitivity, granulomatous, or
eosinophilic;
    (iii) Diseases of the gastroesophageal tract, including esophagitis and
reflux disease, either acute or chronic, caused by exposure or aggravated
by exposure;
    (iv) Diseases of the psychological axis, including post-traumatic stress
disorder, anxiety, depression, or any combination of such conditions;
    (v) Diseases of the skin such as contact dermatitis or burns, either
acute or chronic in nature, infectious, irritant, allergic, idiopathic or non-
specific reactive in nature, caused by exposure or aggravated by exposure;
or
    (vi) 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.
    (d) For purposes of this subdivision, "participated in World Trade
Center rescue, recovery or cleanup operations" shall mean any member
who:
    (i) participated in the rescue, recovery, or cleanup operations at the
World Trade Center between September eleventh, two thousand one and
September twelfth, two thousand two, or
    (ii) worked at the Fresh Kills Land Fill in New York between September
eleventh, two thousand one and September twelfth, two thousand two, or
    (iii) worked at the New York morgue or the temporary morgue on pier
locations on the west side of Manhattan between September eleventh, two
thousand one and September twelfth, two thousand two, or
    (iv) manned the barges between the west side of Manhattan and the
Fresh Kills Land Fill in New York between September eleventh, two
thousand one and September twelfth, two thousand two. For the purposes
of this subdivision, "World Trade Center site" shall mean anywhere below a
line starting from the Hudson River and Canal Street; east on Canal Street
to Pike Street; south on Pike Street to the East River; and extending to the
lower tip of Manhattan.
    (e) In order to be eligible for consideration for such presumption, such
member must file a written and sworn statement with the member's
retirement system on a form provided by such system indicating the dates
and locations of employment. Such statement must be filed not later than
two years following the effective date of the chapter of the laws of two
thousand six, which added this subdivision.
    (f) The NYCERS board of trustees is hereby authorized to promulgate
rules and regulations to implement the provisions of this paragraph. For
the purposes of this subdivision, "NYCERS" shall mean the New York city
employees' retirement system.
    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 for a minimum of forty
                          3                CHAP. 102

hours and subsequently retired on a service retirement, an ordinary
disability retirement or a performance of duty disability retirement and
subsequent to such retirement incurred a disability caused by any
qualifying condition or impairment of health which the NYCERS board of
trustees determines, after a determination of disability by the applicable
medical board, to have been caused by such member's having participated
in World Trade Center rescue, recovery or cleanup operations for a
minimum of forty hours, 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 had the condition been known and fully developed at the time of
the member's retirement, unless the contrary is proved by competent
evidence. A member shall be eligible for the presumption provided under
this paragraph notwithstanding the fact that the member did not participate
in World Trade Center rescue, recovery or cleanup operations for a
minimum of forty hours, provided that: (i) the member participated in the
rescue, recovery, or cleanup operations at the World Trade Center site
between September eleventh, two thousand one and September twelfth,
two thousand one; (ii) the member sustained a documented injury at the
World Trade Center site between September eleventh, two thousand one
and September twelfth, two thousand one that is a qualifying condition or
impairment of health resulting in disability to the member that prevented
the member from continuing to participate in World Trade Center rescue,
recovery or cleanup operations for a minimum of forty hours; and (iii) the
documented physical injury that resulted in a disability to the member that
prevented the member from continuing to participate in World Trade Center
rescue, recovery or cleanup operations for a minimum of forty hours is the
qualifying condition or impairment of health which the member seeks to be
eligible for the presumption provided for under this paragraph.
   (b) The reclassification provided for in subparagraph (a) of this
paragraph shall not be granted unless:
   (i) the member files a written and sworn request for reclassification with
NYCERS on a form provided by such system indicating the dates and
location of employment within two years following the effective date of the
chapter of the laws of two thousand six which added this subdivision; and
   (ii) the member must have successfully passed a physical examination
for entry into public service which failed to disclose evidence of the
qualifying condition or impairment of health that formed the basis for the
disability.
   (c) The NYCERS board of trustees shall consider a reclassification of the
members' retirement as an accidental disability retirement effective as of
the date of such reclassification.
   (d) Such member's retirement option shall not be changed as a result
of such reclassification.
   (e) The member's former employer at the time of the member's
retirement shall have an opportunity to be heard on the member's
application for reclassification by the NYCERS board of trustees according
to procedures developed by the NYCERS board of trustees.
   (f) The retirement system is hereby authorized to promulgate rules and
regulations to implement the provisions of this paragraph.
  CHAP. 102                  4

    § 2. This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after June 14, 2005 provided that subdivision c of
section 507-c of the retirement and social security law added by section one of
this act shall expire on the same date as such section expires pursuant to section
615 of such law.
  ------------------------------------------------------------------------
    FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
    If this bill were to be enacted in the 2006 Legislative Session, there would be
no cost to the city of New York, other than the cost set forth in the fiscal notes for
S.3659-A, A.6281-A, S.5657 and A.8790.
    This estimate, dated January 9, 2006 and intended for use only during the
2006 Legislative Session, was prepared by Jonathan Schwartz, consulting
actuary.
  The Legislature of the STATE OF NEW YORK ss:
    Pursuant to the authority vested in us by section 70-b of the Public Officers
Law, we hereby jointly certify that this slip copy of this session law was printed
under our direction and, in accordance with such section, is entitled to be read
into evidence.

  JOSEPH L. BRUNO                               SHELDON SILVER
 Temporary President of the Senate               Speaker of the Assembly

				
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