- Enacted Legislation
Chapter 5
This law amends Chapter 445 of the Laws of 2006, which provided
line-of-duty death benefits to the statutory beneficiaries of eligible
members/retirees who die from illnesses or diseases contracted as a result of
participation in WTC rescue, recovery or cleanup operations. The enactment of
Chapter 5 eliminates the gaps in coverage and other ambiguities found in
Chapter 445. The following is a brief description of the laws provisions:
-
Includes retirees in the special accidental death benefit provisions of Section
208-f of the General Municipal Law.
- Includes active members in the accidental death benefit provisions
of the Retirement & Social Security Law and Administrative Code of the City
of New York.
- Clarifies that ALL members/retirees must have met the underlying
criteria of the WTC Presumptive Disability Law (pre-employment physical
examination, participated in rescue, recovery or cleanup operations for a
minimum of forty hours, filed a timely Notice of Participation) OR, for
retirees only, would have met the criteria if not already retired on an
accidental disability.
- Clarifies eligible beneficiaries who successfully apply and are
awarded death benefits under this law shall relinquish their rights to
prospective benefits payable under a service or disability retirement benefit,
including any post-retirement death benefits, since the retirees death .
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Chapter 39
Chapter 39 of the Laws of 2007 increases the special accidental death benefit,
by 3% or more for deaths that occurred in 2007 or earlier for Correction
Officers, Housing and Transit Police, certain EMTs and TBTA members. The
benefit is payable to the widow or widower or the children of the deceased
under 18 years of age or under 23 if the child is a student, if the widow or
widower is deceased. This law was signed on May 29, 2007 and takes effect on
July 1, 2007.
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Chapter 182
This law allows employees of the NYC Parks Department in the titles of Climber and Pruner, who were laid off on or after July 1, 1991 and who returned to service prior to July 1, 1995 to buy-back the period of time they were laid off. Eligible members shall be deemed to have been in continuous service for the layoff period provided it did not exceed 25 months in duration. To effectuate the buy-back, members are required to pay the Basic Member Contributions required of them had they been in service and if they are in a Chapter 96 plan, the Additional Member Contributions required under such plan
.
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Chapter
214
This law expands the covered sites defined in the WTC Presumptive
Disability Law to include members who repaired, cleaned or rehabilitated
vehicles contaminated by debris at the WTC site, regardless of whether the
vehicles were tended to at the WTC site. Such members, now deemed eligible,
would still have to meet the underlying criteria established in the WTC
Presumptive Disability Law, i.e. passed a physical examination upon entry into
service, etc.
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Chapter
349
This law allows members in the following titles to elect to
participate in the Automotive Workers twenty-five year/age 50 retirement plan
(AUT 25):
Senior Stationary Engineer, Stationary Engineer, Auto Mechanic
(Diesel), Auto Electrician, Auto Machinist, Machinist or Machinist Helper.
Members in the aforementioned titles may file a duly executed
application with NYCERS within 270 days after the enactment of this law in
order to become a participant in this retirement plan. Employees in the
aforementioned titles were first given the opportunity to elect the Automotive
Workers twenty-five year/age 50 retirement plan pursuant to Chapter 681 of the
Laws of 2003.This law affords them another opportunity to join the plan.
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Chapter
379
This law allows current and former members of the Transport Workers
Union, Local 100 who had an accumulated balance of additional member
contributions made in accordance with the Transit 25-Year/Age 55 Retirement
Plan on December 16, 2005 to apply for a refund of such contributions. Former
members include retirees (if retired after 12/16/05) and those who were
promoted to supervisory titles represented by another public employee union.
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Chapter
495
This law extends the deadline for eligible members to file the
Notice of Participation required by the World Trade Center Presumptive
Disability Law. Eligible members, except Tier 3 Correction Officers, may now
file the Notice of Participation no later than June 14, 2009. Eligible Tier 3
Correction Officers may file no later than June 13, 2009. This law is
retroactive to June 14, 2007, therefore, members who may have filed after the
original deadline are now considered to have filed a timely Notice of
Participation.
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Chapter
496
This law authorizes public retirement systems to reproduce all or
any part of paper records by any computerized process which accurately produces
a digital image of such paper records. Once the paper records have been
reproduced, examined and placed in easily accessible files, the retirement
systems are further authorized to dispose of or destroy the originals. The law
also authorizes representatives of public retirement systems to certify the
authenticity of the records reproduced and authorizes the systems to charge for
copies of such records as provided by law.
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Chapter
625
This law raises the maximum benefit cap for Tier 2 members of the
New York State and Local Police and Fire Retirement System and Tier 2 NYCERS
Investigators to 32 years from 30 years. The law takes effect immediately.
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Chapter
627
This law allows the favorable tax treatment, as authorized by
Section 414h of the Internal Revenue Code, of payroll deductions towards the
purchase of previous service or military service. Such payroll deductions would
be eligible for employer pick-up, or Federal tax-deferred status, like payroll
deductions toward required Basic or Additional Member Contributions, etc. The
law takes effect at the beginning of the first payroll period following sixty
(60) days after at least one of the retirement systems covered by this act
shall receive an IRS ruling stating the authorization of the favorable tax
treatment of such payroll deductions.
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Chapter
637
This law allows the following types of service to count as service in the
uniformed force of the NYC Fire Department for retirement eligibility and
benefit purposes (such prior service must immediately precede service in the
uniformed force of the NYC Fire Department):
- Allowable EMT Service .
- Allowable Peace Officer Service (as defined in Section 2.10 of the
Criminal Procedure Law) .
- Sheriff, Deputy Sheriff, Marshal, D.A. Investigator.
- Any position specified in Appendix A of the agreement dated October
27, 2005 among the City of New York, the Uniformed Firefighters' Association
and the Uniformed Fire Officers' Association .
This law takes effect immediately.
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