2005 Laws


Chapter 93 – World Trade Center Presumption for Accidental Disability Retirement

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.


Chapter 48 – Increase in Special Accidental Death Amounts

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.


Chapter 133 – Actuarial Interest Rate Extender

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.


Chapter 383 – Sanitation Heart Bill Retroactive for Death to 11/14/04

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.


Chapter 150 – Extends Section 42 of the Patriot Plan for 1 more year

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.


Chapter 477 – Allows Correction Members to Receive Service Credit for Child Care Leave

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.  


Chapter 498 – Prior Peace Officer, Deputy Sheriff and DA Investigator Service Transferable to Police Pension Fund

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.


Chapter 570 – Transferred Contributor to BERS

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.


Chapter 105 – Death Benefits for Members on Military Duty

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.


Chapter 511 – Repayment of Loans by Retirees

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.


Chapter 686 – Laid-off Correction Officers Purchase of Service Credit

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.