2021 Laws

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Chapter 424 of the Laws of 2021 – Expands eligibility of certain public service employees for participation in the World Trade Center Rescue, Recovery or Clean-up Operations.

This Act amends the Retirement and Social Security Law (RSSL) Law to include employees who became NYCERS members after the qualifying period under the World Trade Center (WTC) law, but were employees of a public employer during the covered time period and purchased some or all of that pre-membership period.

This law is effective as of September 13, 2021. 

 

Chapter 425 of the Laws of 2021 – Electronic submission for Notice of Participation in World Trade Center Rescue, Recovery or Clean-up Operations.

This Act amends the Retirement and Social Security Law and the New York City Administrative Code to allow for the electronic submission of a notice that a member participated in World Trade Center Rescue, Recovery or Clean-up Operations for a qualifying period.

This law is effective as of September 13, 2021. 

 

Chapter 327 of the Laws of 2021 – Increasing certain special accidental death benefits

This law amends the Retirement and Social Security Law (RSSL) § 361-a(c) and General Municipal Law (GML) § 208-f(c) by increasing the deceased member’s salary used in the computation of the special accidental death benefit by adding to it an additional percentage. The beneficiaries of the following NYCERS members are covered: Correction Officers, Housing and Transit Police, Uniformed Sanitation members, certain EMTs and TBTA members. 

This law is effective as of July 1, 2021. 

 

Chapter 59 of the Laws of 2021 (Part 183) – Authorizing the city of New York and the NYC Board of Education to provide a temporary retirement incentive for certain public employees

This Act authorizes the city of New York and the NYC Board of Education (DOE), to provide a temporary retirement incentive for eligible employees.  The incentive is subject to the Mayor of the city of New York passing a local law and the Chancellor of the DOE passing a resolution. 

With respect to NYCERS members, Subpart A of the Act provides additional service credit to certain NYCERS members in the form of one-twelfth of a year of additional service credit per year of service, up to three additional years of service credit. Further, certain members not otherwise eligible to retire would qualify for service retirement under this Act with reductions to the retirement benefit.  Subpart B of the Act allows certain Tier 2, 3 and 4 Members to retire early with an unreduced benefit.  Eligible members may not avail themselves of the provisions of both Subpart A and B.

At this time neither the City nor the DOE have elected to participate in the incentive. The next step in this process is for the Mayor to pass a local law by June 30, 2021, or in the case of the DOE, the Chancellor must pass a resolution by May 31, 2021, electing to participate in the incentive.  The local law and/or resolution must include what the Open Period for enrollment will be, what type of incentive the City/DOE will offer, and the commencement date of the incentive.

This law is effective as of April 19, 2021, and shall expire and be deemed repealed on April 19, 2022.

Further updates will be provided as more information becomes available.

 

Chapter 78 of the Laws of 2021 – Extends eligibility for death benefits provided to statutory beneficiaries of members whose death was a result of or was contributed to by COVID19

This Act replaces the COVID-19 Accidental Death Benefit established by Chapter 89 of the Laws of 2020 and extends the deadline for members to December 31, 2022.  The Act does not extend eligibility with respect to retirees. The benefit is provided, subject to documentation requirements, to the eligible beneficiary of a member; where such member reported to their usual place of employment or an alternate worksite outside their home at the direction of their employer on or after March 1, 2020 and contracted COVID-19 within 45 days after reporting for work, and whose death was caused by COVID19 or where COVID19 contributed to such member’s death. Amounts payable are reduced by payments of any ordinary death benefits.

This act is effective as of March 1, 2020.  The act shall expire and be deemed repealed on December 31, 2022.