A 5458: Relates to filing timely notices of participation in World Trade Center rescue efforts for the purposes of receiving World Trade Center benefits.

  
  STATE OF NEW YORK ________________________________________________________________________ 5458 2025-2026 Regular Sessions  IN ASSEMBLY February 14, 2025 ___________ Introduced by M. of A. PHEFFER AMATO -- read once and referred to the Committee on Governmental Employees AN ACT to amend the administrative code of the city of New York, in relation to the verification of participation in the rescue, recovery, and clean-up operations at the site of the World Trade Center terror attacks on September 11, 2001 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 13-252.1 of the administrative 2 code of the city of New York, as amended by chapter 489 of the laws of 3 2013, is amended to read as follows: 4 2. (a) Notwithstanding the provisions of this chapter or of any gener- 5 al, special or local law, charter, administrative code or rule or regu- 6 lation to the contrary, if a member who [participated] filed a timely 7 notice of participation in World Trade Center rescue, recovery or clean- 8 up operations as defined in section two of the retirement and social 9 security law[, and] subsequently retired [on a service retirement, an 10 ordinary disability retirement, an accidental disability retirement, a 11 performance of duty disability retirement, or was separated from service 12 with a vested right to deferred payability of a retirement allowance] 13 and subsequent to such retirement or separation is determined by the 14 [NYCPPF] police pension fund board of trustees to have a qualifying 15 World Trade Center condition, as defined in section two of the retire- 16 ment and social security law, upon such determination by the [NYCPPF] 17 police pension fund board of trustees, it shall be presumed that such 18 disability was incurred in the performance and discharge of duty as the 19 natural and proximate result of an accident not caused by such member's 20 own willful negligence, and that the member would have been physically 21 or mentally incapacitated for the performance and discharge of duty of 22 the position from which he or she retired or vested had the condition 23 been known and fully developed at the time of the member's retirement or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07774-01-5 
 A. 5458 2 1 separation from service with vested rights, unless the contrary is prov- 2 en by competent evidence. 3 (b) The [NYCPPF] police pension fund board of trustees shall consider 4 a reclassification of the member's retirement or vesting as an acci- 5 dental disability retirement effective as of the date of such reclassi- 6 fication. 7 (c) Such member's retirement option shall not be changed as a result 8 of such reclassification. 9 (d) [The member's former employer at the time of the member's retire- 10 ment shall have an opportunity to be heard on the member's application 11 for reclassification by the NYCPPF board of trustees according to proce- 12 dures developed by the NYCPPF board of trustees] Notwithstanding the 13 provisions of any general, special or local law, or administrative code 14 to the contrary, but except for the purposes of determining eligibility 15 for World Trade Center benefits, it shall be considered presumptive 16 evidence that upon the timely filing of a fully sworn notice of partic- 17 ipation, such member shall have a qualifying World Trade Center condi- 18 tion, as defined by subdivision thirty-six of section two of the retire- 19 ment and social security law, unless the contrary be proved by competent 20 evidence and adopted by a quorum of the board of trustees. 21 (e) The [NYCPPF] police pension fund board of trustees is hereby 22 authorized to promulgate rules and regulations to implement the 23 provisions of this paragraph. 24 § 2. This act shall take effect immediately.