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Chapter 93
This law creates a presumptive eligibility for an accidental disability in
connection with the World Trade Center tragedy of September 11, 2001. To
qualify for the presumption provided in this law you must 1) have passed a
physical exam for entry into public service; 2) have participated in the
Rescue, Recovery or Clean-Up Operations between 9/11/01 and 9/12/02 at either
the WTC site, the Fresh Kills Landfill, the New York City Morgue or temporary
morgues on the piers on the West Side of Manhattan, or the barges between the
West Side of Manhattan and the Fresh Kills Landfill; 3) file a Notice of
Participation and 4) become disabled by a qualifying condition or impairment of
health as defined in the law at some point in your lifetime.
A Notice of Participation which informs NYCERS that you participated in the
WTC Rescue, Recovery or Clean-Up Operations between 9/11/01 and 9/12/02 must be
filed by June 13, 2007 or by August 14, 2008 for Tier 3 Correction Officers. A
Notice of Participation is not a disability application. Should you become
disabled in the future the Notice of Participation protects your right to file
a disability application.
The law was passed on June 14, 2005 and is deemed to have been in effect on
September 11, 2001.
NOTE: The filing deadline for the Notice of Participation was
changed to August 14, 2008 for Tier 3 Correction Officers by the enactment of
Chapter 445 of the Laws of 2006.
Read more in the WTC Disability Law Fact
Sheet.
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Chapter 48
This law increases the special accidental death benefit, by 3% or more for
deaths that occurred in 2005 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.
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Chapter 133
This law extends the statutory rate of interest used by the Actuary to credit
interest on the Actuarial Interest Rate on employer contributions. The rate is
8% per year and is extended through fiscal year 2006. This law also extends the
8.25% per year rate for crediting interest on Tiers 1 & 2 members'
contributions and Increased-Take-Home-Pay (ITHP)Reserves for fiscal year 2006.
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Chapter 383
This law amends the Sanitation Heart Bill for deceased members so it is deemed
to have been in full force and effect on and after November 15, 2004. A
deceased Sanitation member whose death was caused by a disease of the heart
covered by the Sanitation Heart Bill shall have the benefit of the Heart Bill
as of November 15, 2004. The deceased member (in all tiers) must have been in
active service on 11/15/04 and subsequently died.
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Chapter 150
This law extends for one year the applicability of section 42 of the Patriot
Plan regarding the suspension of loan repayment obligations for members absent
on military duty. This law does not change the context of section 42 in any
way.
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Chapter 477
Allows NYCERS correction members to receive up to 1 year of service credit for
each time such member is absent without pay while on an authorized child care
leave. This law affects Tier 3 correction members only. Tiers 1 and 2 received
this benefit in 2004.
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Chapter 498
This law amends Administrative Code 13-143(b)(1) which permits certain service
immediately preceding service in the police force to count towards retirement
eligibility. This law adds service rendered as a peace officer, sheriff, deputy
sheriff, marshal or district attorney investigator immediately preceding
service in the police force as a type of service deemed to be service in the
police force for benefit eligibility purposes.
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Chapter 570
This law amends Administrative Code 13-188 regarding transferred contributors
who were eligible to join the NYC Board of Education Retirement System (BERS)
but chose to remain as NYCERS members. Chapter 570 states that anyone who is a
transferred contributor of NYCERS who was eligible to transfer membership to
BERS on or after 1/1/90 shall be eligible to transfer to BERS now provided that
he/she applies to transfer within by September 28, 2005.
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Chapter 105
This law provides an "in service" death benefit to eligible survivors of members
on military duty. This law grants accidental death benefits to the eligible
survivors by deeming such death to have occurred in the performance of duty as
the natural and proximate result of an accident. Generally, this law amends
numerous sections of existing laws for all tiers by adding that solely for the
purposes of determining eligibility for an accidental death benefit, a member
shall be considered to have died as the natural and proximate result of an
accident sustained in the performance of duty if such member died while on
active duty, other than for training purposes, on or after 6/14/05, provided
that such member was on the payroll at the time he/she was ordered to active
duty.
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Chapter 511
This law permits retirees to repay, in full, at any time after
retirement, the total outstanding loan balance at retirement. This is available
for all tiers and all retirees. This law states that the monthly pension
benefits paid after the retiree repays the loan shall not be reduced by
the actuarial equivalent of the loan. Monthly pension benefits paid prior to the
repayment of the loan will not be adjusted.
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Chapter 686
This law allows members of the NYC Department of Corrections who had been
suspended for economic reasons on or after May 1, 2003 and returned to service
prior to July 1, 2004 to be deemed to have been in continuous service for the
period of suspension. The suspension could not have exceeded 13 months. A
member who is authorized to receive such service credit must pay, in addition
to his ordinary member contributions, the ordinary member contributions with
interest which he/she would have paid for the period of suspension. Certain
members may be required to pay additional contributions too.
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