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Sponsored byRobert Jackson+1 co-sponsor
Last updated Sep 10, 2026 · NY · Source: LegiScan ↗
This bill extends the presumptive eligibility period from 25 to 35 years after retirement for certain public employees and first responders who participated in World Trade Center rescue, recovery, and clean-up operations. If such a retiree dies from a qualifying World Trade Center-related illness within the new 35-year window, they are presumed to have died in the line of duty, allowing their eligible beneficiaries to convert the retirement benefit to a more generous accidental death benefit.
STATE OF NEW YORK ________________________________________________________________________ 10085--A IN SENATE April 27, 2026 ___________ Introduced by Sen. JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the retirement and social security law, the education law, the military law, the general municipal law and the administra- tive code of the city of New York, in relation to extending the twen- ty-five year presumptive eligibility period for certain retirement benefits for injuries or illnesses related to World Trade Center rescue, recovery and clean-up operations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision h of section 63 of the retirement and social 2 security law, as amended by chapter 489 of the laws of 2008, is amended 3 to read as follows: 4 h. Notwithstanding any other provision of this chapter or of any 5 general, special or local law, charter, administrative code or rule or 6 regulation to the contrary, if a retiree who: (1) has met the criteria 7 of subdivision g of this section and retired on a service or disability 8 retirement, or would have met the criteria if not already retired on an 9 accidental disability; and (2) has not been retired for more than [ twen- 10 ty-five ] thirty-five years; and (3) dies from a qualifying World Trade 11 Center condition, as defined in section two of this article, as deter- 12 mined by the applicable head of the retirement system or applicable 13 medical board, then unless the contrary be proven by competent evidence, 14 such retiree shall be deemed to have died as a natural and proximate 15 result of an accident sustained in the performance of duty and not as a 16 result of willful negligence on [ his or her ] such retiree's part. Such 17 retiree's eligible beneficiary, as set forth in section sixty-one of 18 this title, shall be entitled to an accidental death benefit as provided 19 by section sixty-one of this title, however, for the purposes of deter- 20 mining the salary base upon which the accidental death benefit is calcu- 21 lated, the retiree shall be deemed to have died on the date of [ his or 22 her ] such retiree's retirement. Upon the retiree's death, the eligible EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15390-19-6 S. 10085--A 2 1 beneficiary shall make a written application to the head of the retire- 2 ment system within the time for filing an application for an accidental 3 death benefit as set forth in section sixty-one of this title requesting 4 conversion of such retiree's service or disability retirement benefit to 5 an accidental death benefit. At the time of such conversion, the eligi- 6 ble beneficiary shall relinquish all rights to the prospective benefits 7 payable under the service or disability retirement benefit, including 8 any post-retirement death benefits, since the retiree's death. If the 9 eligible beneficiary is not the only beneficiary receiving or entitled 10 to receive a benefit under the service or disability retirement benefit 11 (including, but not limited to, post-retirement death benefits or bene- 12 fits paid or payable pursuant to the retiree's option selection), the 13 accidental death benefit payments to the eligible beneficiary will be 14 reduced by any amounts paid or payable to any other beneficiary. 15 § 2. Subdivision h of section 363 of the retirement and social securi- 16 ty law, as amended by chapter 489 of the laws of 2008, is amended to 17 read as follows: 18 h. Notwithstanding any other provision of this chapter or of any 19 general, special or local law, charter, administrative code or rule or 20 regulation to the contrary, if a retiree who: (1) has met the criteria 21 of subdivision g of this section and retired on a service or disability 22 retirement, or would have met the criteria if not already retired on an 23 accidental disability; and (2) has not been retired for more than [ twen- 24 ty-five ] thirty-five years; and (3) dies from a qualifying World Trade 25 Center condition, as defined in section two of this chapter, as deter- 26 mined by the applicable head of the retirement system or applicable 27 medical board, then unless the contrary be proven by competent evidence, 28 such retiree shall be deemed to have died as a natural and proximate 29 result of an accident sustained in the performance of duty and not as a 30 result of willful negligence on [ his or her ] such retiree's part. Such 31 retiree's eligible beneficiary, as set forth in section three hundred 32 sixty-one of this title, shall be entitled to an accidental death bene- 33 fit as provided by section three hundred sixty-one of this title, howev- 34 er, for the purposes of determining the salary base upon which the acci- 35 dental death benefit is calculated, the retiree shall be deemed to have 36 died on the date of [ his or her ] such retiree's retirement. Upon the 37 retiree's death, the eligible beneficiary shall make a written applica- 38 tion to the head of the retirement system within the time for filing an 39 application for an accidental death benefit as set forth in section 40 three hundred sixty-one of this title requesting conversion of such 41 retiree's service or disability retirement benefit to an accidental 42 death benefit. At the time of such conversion, the eligible beneficiary 43 shall relinquish all rights to the prospective benefits payable under 44 the service or disability retirement benefit, including any post-retire- 45 ment death benefits, since the retiree's death. If the eligible benefi- 46 ciary is not the only beneficiary receiving or entitled to receive a 47 benefit under the service or disability retirement benefit (including, 48 but not limited to, post-retirement death benefits or benefits paid or 49 payable pursuant to the retiree's option selection), the accidental 50 death benefit payments to the eligible beneficiary will be reduced by 51 any amounts paid or payable to any other beneficiary. 52 § 3. Subdivision h of section 507 of the retirement and social securi- 53 ty law, as amended by chapter 489 of the laws of 2008, is amended to 54 read as follows: 55 h. Notwithstanding any other provision of this chapter or of any 56 general, special or local law, charter, administrative code or rule or S. 10085--A 3 1 regulation to the contrary, if a retiree who: (1) has met the criteria 2 of subdivision g of this section and retired on a service or disability 3 retirement, or would have met the criteria if not already retired on an 4 accidental disability; and (2) has not been retired for more than [ twen- 5 ty-five ] thirty-five years; and (3) dies from a qualifying World Trade 6 Center condition, as defined in section two of this chapter, as deter- 7 mined by the applicable head of the retirement system or applicable 8 medical board, then unless the contrary be proven by competent evidence, 9 such retiree shall be deemed to have died as a natural and proximate 10 result of an accident sustained in the performance of duty and not as a 11 result of willful negligence on [ his or her ] such retiree's part. Such 12 retiree's eligible beneficiary, as set forth in section five hundred one 13 of this article, shall be entitled to an accidental death benefit as 14 provided by section five hundred nine of this article, however, for the 15 purposes of determining the salary base upon which the accidental death 16 benefit is calculated, the retiree shall be deemed to have died on the 17 date of [ his or her ] such retiree's retirement. Upon the retiree's 18 death, the eligible beneficiary shall make a written application to the 19 head of the retirement system within the time for filing an application 20 for an accidental death benefit as set forth in section five hundred 21 nine of this article requesting conversion of such retiree's service or 22 disability retirement benefit to an accidental death benefit. At the 23 time of such conversion, the eligible beneficiary shall relinquish all 24 rights to the prospective benefits payable under the service or disabil- 25 ity retirement benefit, including any post-retirement death benefits, 26 since the retiree's death. If the eligible beneficiary is not the only 27 beneficiary receiving or entitled to receive a benefit under the service 28 or disability retirement benefit (including, but not limited to, post- 29 retirement death benefits or benefits paid or payable pursuant to the 30 retiree's option selection), the accidental death benefit payments to 31 the eligible beneficiary will be reduced by any amounts paid or payable 32 to any other beneficiary. 33 § 4. Subdivision i of section 556 of the retirement and social securi- 34 ty law, as amended by chapter 489 of the laws of 2008, is amended to 35 read as follows: 36 i. Notwithstanding any other provision of this chapter or of any 37 general, special or local law, charter, administrative code or rule or 38 regulation to the contrary, if a retiree who: (1) has met the criteria 39 of subdivision h of this section and retired on a service or disability 40 retirement, or would have met the criteria if not already retired on an 41 accidental disability; and (2) has not been retired for more than [ twen- 42 ty-five ] thirty-five years; and (3) dies from a qualifying World Trade 43 Center condition, as defined in section two of this chapter, as deter- 44 mined by the applicable head of the retirement system or applicable 45 medical board, then unless the contrary be proven by competent evidence, 46 such retiree shall be deemed to have died as a natural and proximate 47 result of an accident sustained in the performance of duty and not as a 48 result of willful negligence on [ his or her ] such retiree's part. Such 49 retiree's eligible beneficiary, as set forth in section five hundred one 50 of this [ article ] chapter , shall be entitled to an accidental death 51 benefit as provided by section five hundred nine of this [ article ] chap- 52 ter , however, for the purposes of determining the salary base upon which 53 the accidental death benefit is calculated, the retiree shall be deemed 54 to have died on the date of [ his or her ] such retiree's retirement. Upon 55 the retiree's death, the eligible beneficiary shall make a written 56 application to the head of the retirement system within the time for S. 10085--A 4 1 filing an application for an accidental death benefit as set forth in 2 section five hundred nine of this [ article ] chapter requesting conver- 3 sion of such retiree's service or disability retirement benefit to an 4 accidental death benefit. At the time of such conversion, the eligible 5 beneficiary shall relinquish all rights to the prospective benefits 6 payable under the service or disability retirement benefit, including 7 any post-retirement death benefits, since the retiree's death. If the 8 eligible beneficiary is not the only beneficiary receiving or entitled 9 to receive a benefit under the service or disability retirement benefit 10 (including, but not limited to, post-retirement death benefits or bene- 11 fits paid or payable pursuant to the retiree's option selection), the 12 accidental death benefit payments to the eligible beneficiary will be 13 reduced by any amounts paid or payable to any other beneficiary. 14 § 5. Subdivision i of section 605 of the retirement and social securi- 15 ty law, as amended by chapter 489 of the laws of 2008, is amended to 16 read as follows: 17 i. Notwithstanding any other provision of this chapter or of any 18 general, special or local law, charter, administrative code or rule or 19 regulation to the contrary, if a retiree who: (1) has met the criteria 20 of subdivision h of this section and retired on a service or disability 21 retirement, or would have met the criteria if not already retired on an 22 accidental disability; and (2) has not been retired for more than [ twen- 23 ty-five ] thirty-five years; and (3) dies from a qualifying World Trade 24 Center condition, as defined in section two of this chapter, as deter- 25 mined by the applicable head of the retirement system or applicable 26 medical board, then unless the contrary be proven by competent evidence, 27 such retiree shall be deemed to have died as a natural and proximate 28 result of an accident sustained in the performance of duty and not as a 29 result of willful negligence on [ his or her ] such retiree's part. Such 30 retiree's eligible beneficiary, as set forth in section six hundred one 31 of this article, shall be entitled to an accidental death benefit as 32 provided by section six hundred seven of this article, however, for the 33 purposes of determining the salary base upon which the accidental death 34 benefit is calculated, the retiree shall be deemed to have died on the 35 date of [ his or her ] such retiree's retirement. Upon the retiree's 36 death, the eligible beneficiary shall make a written application to the 37 head of the retirement system within the time for filing an application 38 for an accidental death benefit as set forth in section six hundred 39 seven of this article requesting conversion of such retiree's service or 40 disability retirement benefit to an accidental death benefit. At the 41 time of such conversion, the eligible beneficiary shall relinquish all 42 rights to the prospective benefits payable under the service or disabil- 43 ity retirement benefit, including any post-retirement death benefits, 44 since the retiree's death. If the eligible beneficiary is not the only 45 beneficiary receiving or entitled to receive a benefit under the service 46 or disability retirement benefit (including, but not limited to, post- 47 retirement death benefits or benefits paid or payable pursuant to the 48 retiree's option selection), the accidental death benefit payments to 49 the eligible beneficiary will be reduced by any amounts paid or payable 50 to any other beneficiary. 51 § 6. Subdivision i of section 605-a of the retirement and social secu- 52 rity law, as amended by chapter 489 of the laws of 2008, is amended to 53 read as follows: 54 i. Notwithstanding any other provision of this chapter or of any 55 general, special or local law, charter, administrative code or rule or 56 regulation to the contrary, if a retiree who: (1) has met the criteria S. 10085--A 5 1 of subdivision h of this section and retired on a service or disability 2 retirement, or would have met the criteria if not already retired on an 3 accidental disability; and (2) has not been retired for more than [ twen- 4 ty-five ] thirty-five years; and (3) dies from a qualifying World Trade 5 Center condition, as defined in section two of this chapter, as deter- 6 mined by the applicable head of the retirement system or applicable 7 medical board, then unless the contrary be proven by competent evidence, 8 such retiree shall be deemed to have died as a natural and proximate 9 result of an accident sustained in the performance of duty and not as a 10 result of willful negligence on [ his or her ] such retiree's part. Such 11 retiree's eligible beneficiary, as set forth in section six hundred one 12 of this article, shall be entitled to an accidental death benefit as 13 provided by section six hundred seven of this article, however, for the 14 purposes of determining the salary base upon which the accidental death 15 benefit is calculated, the retiree shall be deemed to have died on the 16 date of [ his or her ] such retiree's retirement. Upon the retiree's 17 death, the eligible beneficiary shall make a written application to the 18 head of the retirement system within the time for filing an application 19 for an accidental death benefit as set forth in section six hundred 20 seven of this article requesting conversion of such retiree's service or 21 disability retirement benefit to an accidental death benefit. At the 22 time of such conversion, the eligible beneficiary shall relinquish all 23 rights to the prospective benefits payable under the service or disabil- 24 ity retirement benefit, including any post-retirement death benefits, 25 since the retiree's death. If the eligible beneficiary is not the only 26 beneficiary receiving or entitled to receive a benefit under the service 27 or disability retirement benefit (including, but not limited to, post- 28 retirement death benefits or benefits paid or payable pursuant to the 29 retiree's option selection), the accidental death benefit payments to 30 the eligible beneficiary will be reduced by any amounts paid or payable 31 to any other beneficiary. 32 § 7. Subdivision e of section 605-b of the retirement and social secu- 33 rity law, as amended by chapter 489 of the laws of 2013, is amended to 34 read as follows: 35 e. Notwithstanding any other provision of this chapter or of any 36 general, special or local law, charter, administrative code or rule or 37 regulation to the contrary, if a retiree or vestee who: (1) has met the 38 criteria of subdivision d of this section and retired on a service or 39 disability retirement, would have met the criteria if not already 40 retired on an accidental disability, or was separated from service with 41 a vested right to deferred payability of a retirement allowance; and (2) 42 has not been retired for more than [ twenty-five ] thirty-five years; and 43 (3) dies from a qualifying World Trade Center condition, as defined in 44 section two of this chapter, as determined by the applicable head of the 45 retirement system or applicable medical board, then unless the contrary 46 be proven by competent evidence, such retiree or vestee shall be deemed 47 to have died as a natural and proximate result of an accident sustained 48 in the performance of duty and not as a result of willful negligence on 49 [ his or her ] such retiree's or vestee's part. Such retiree's or vestee's 50 eligible beneficiary, as set forth in section six hundred one of this 51 article, shall be entitled to an accidental death benefit as provided by 52 section six hundred seven of this article, however, for the purposes of 53 determining the salary base upon which the accidental death benefit is 54 calculated, the retiree or vestee shall be deemed to have died on the 55 date of [ his or her ] such retiree's or vestee's retirement or separation 56 from service with vested rights. Upon the retiree's or vestee's death, S. 10085--A 6 1 the eligible beneficiary shall make a written application to the head of 2 the retirement system within the time for filing an application for an 3 accidental death benefit as set forth in section six hundred seven of 4 this article requesting conversion of such retiree's or vestee's service 5 or disability retirement benefit to an accidental death benefit. At the 6 time of such conversion, the eligible beneficiary shall relinquish all 7 rights to the prospective benefits payable under the service or disabil- 8 ity retirement benefit, or vested right to such benefit, including any 9 post-retirement death benefits, since the retiree's or vestee's death. 10 If the eligible beneficiary is not the only beneficiary receiving or 11 entitled to receive a benefit under the service or disability retirement 12 benefit (including, but not limited to, post-retirement death benefits 13 or benefits paid or payable pursuant to the retiree's option selection), 14 or that will be eligible under the vested right, the accidental death 15 benefit payments to the eligible beneficiary will be reduced by any 16 amounts paid or payable to any other beneficiary. 17 § 8. Subdivision c of section 605-c of the retirement and social secu- 18 rity law, as amended by chapter 489 of the laws of 2013, is amended to 19 read as follows: 20 c. Notwithstanding any other provision of this chapter or of any 21 general, special or local law, charter, administrative code or rule or 22 regulation to the contrary, if a retiree or vestee who: (1) has met the 23 criteria of subdivision b of this section and retired on a service or 24 disability retirement, would have met the criteria if not already 25 retired on an accidental disability, or was separated from service with 26 a vested right to deferred payability of a retirement allowance; and (2) 27 has not been retired for more than [ twenty-five ] thirty-five years; and 28 (3) dies from a qualifying World Trade Center condition as defined in 29 section two of this chapter, as determined by the applicable head of the 30 retirement system or applicable medical board, then unless the contrary 31 be proven by competent evidence, such retiree or vestee shall be deemed 32 to have died as a natural and proximate result of an accident sustained 33 in the performance of duty and not as a result of willful negligence on 34 [ his or her ] such retiree's or vestee's part. Such retiree's or vestee's 35 eligible beneficiary, as set forth in section six hundred one of this 36 article, shall be entitled to an accidental death benefit as provided by 37 section six hundred seven of this article, however, for the purposes of 38 determining the salary base upon which the accidental death benefit is 39 calculated, the retiree or vestee shall be deemed to have died on the 40 date of [ his or her ] such retiree's or vestee's retirement or separation 41 from service with vested rights. Upon the retiree's or vestee's death, 42 the eligible beneficiary shall make a written application to the head of 43 the retirement system within the time for filing an application for an 44 accidental death benefit as set forth in section six hundred seven of 45 this article requesting conversion of such retiree's service, vested 46 right or disability retirement benefit to an accidental death benefit. 47 At the time of such conversion, the eligible beneficiary shall relin- 48 quish all rights to the prospective benefits payable under the service 49 or disability retirement benefit, or vested right to such benefit, 50 including any post-retirement death benefits, since the retiree's or 51 vestee's death. If the eligible beneficiary is not the only beneficiary 52 receiving or entitled to receive a benefit under the service or disabil- 53 ity retirement benefit (including, but not limited to, post-retirement 54 death benefits or benefits paid or payable pursuant to the retiree's 55 option selection), or that will be eligible under the vested right, the S. 10085--A 7 1 accidental death benefit payments to the eligible beneficiary will be 2 reduced by any amounts paid or payable to any other beneficiary. 3 § 9. Subdivision e of section 507-b of the retirement and social secu- 4 rity law, as added by chapter 489 of the laws of 2008, is amended to 5 read as follows: 6 e. Notwithstanding any other provision of this chapter or of any 7 general, special or local law, charter, administrative code or rule or 8 regulation to the contrary, if a retiree who: 9 1. has met the criteria of subdivision d of this section and retired 10 on a service or disability retirement, or would have met the criteria if 11 not already retired on an accidental disability; and 12 2. has not been retired for more than [ twenty-five ] thirty-five years; 13 and 14 3. dies from a qualifying World Trade Center condition, as defined in 15 section two of this chapter, as determined by the applicable head of the 16 retirement system or applicable medical board, then unless the contrary 17 be proven by competent evidence, such retiree shall be deemed to have 18 died as a natural and proximate result of an accident sustained in the 19 performance of duty and not as a result of willful negligence on [ his or 20 her ] such retiree's part. Such retiree's eligible beneficiary, as set 21 forth in section five hundred one of this article, shall be entitled to 22 an accidental death benefit as provided by section five hundred nine of 23 this article, however, for the purposes of determining the salary base 24 upon which the accidental death benefit is calculated, the retiree shall 25 be deemed to have died on the date of [ his or her ] such retiree's 26 retirement. Upon the retiree's death, the eligible beneficiary shall 27 make a written application to the head of the retirement system within 28 the time for filing an application for an accidental death benefit as 29 set forth in section five hundred nine of this article requesting 30 conversion of such retiree's service or disability retirement benefit to 31 an accidental death benefit. At the time of such conversion, the eligi- 32 ble beneficiary shall relinquish all rights to the prospective benefits 33 payable under the service or disability retirement benefit, including 34 any post-retirement death benefits, since the retiree's death. If the 35 eligible beneficiary is not the only beneficiary receiving or entitled 36 to receive a benefit under the service or disability retirement benefit 37 (including, but not limited to, post-retirement death benefits or bene- 38 fits paid or payable pursuant to the retiree's option selection), the 39 accidental death benefit payments to the eligible beneficiary shall be 40 reduced by any amounts paid or payable to any other beneficiary. 41 § 10. Subdivision d of section 507-c of the retirement and social 42 security law, as amended by chapter 489 of the laws of 2013, is amended 43 to read as follows: 44 d. Notwithstanding any other provision of this chapter or of any 45 general, special or local law, charter, administrative code or rule or 46 regulation to the contrary, if a retiree or vestee who: (1) has met the 47 criteria of subdivision c of this section and retired on a service or 48 disability retirement, would have met the criteria if not already 49 retired on an accidental disability, or was separated from service with 50 a vested right to deferred payability of a retirement allowance; and (2) 51 has not been retired for more than [ twenty-five ] thirty-five years; and 52 (3) dies from a qualifying World Trade center condition, as defined in 53 section two of this chapter, that is determined by the applicable head 54 of the retirement system or applicable medical board, then unless the 55 contrary be proven by competent evidence, such retiree or vestee shall 56 be deemed to have died as a natural and proximate result of an accident S. 10085--A 8 1 sustained in the performance of duty and not as a result of willful 2 negligence on [ his or her ] such retiree's or vestee's part. Such 3 retiree's or vestee's eligible beneficiary, as set forth in section five 4 hundred one of this article, shall be entitled to an accidental death 5 benefit as provided by section five hundred nine of this article, howev- 6 er, for the purposes of determining the salary base upon which the acci- 7 dental death benefit is calculated, the retiree or vestee shall be 8 deemed to have died on the date of [ his or her ] such retiree's or 9 vestee's retirement or separation from service with vested rights. Upon 10 the retiree's or vestee's death, the eligible beneficiary shall make a 11 written application to the head of the retirement system within the time 12 for filing an application for an accidental death benefit as set forth 13 in section five hundred nine of this article requesting conversion of 14 such retiree's service, vested right or disability retirement benefit to 15 an accidental death benefit. At the time of such conversion, the eligi- 16 ble beneficiary shall relinquish all rights to the prospective benefits 17 payable under the service or disability retirement benefit, or vested 18 right to such benefit, including any post-retirement death benefits, 19 since the retiree's or vestee's death. If the eligible beneficiary is 20 not the only beneficiary receiving or entitled to receive a benefit 21 under the service or disability retirement benefit (including, but not 22 limited to, post-retirement death benefits or benefits paid or payable 23 pursuant to the retiree's option selection), or that will be eligible 24 under the vested right the accidental death benefit payments to the 25 eligible beneficiary will be reduced by any amounts paid or payable to 26 any other beneficiary. 27 § 11. Subdivision k of section 558 of the retirement and social secu- 28 rity law, as added by chapter 489 of the laws of 2008, is amended to 29 read as follows: 30 k. Notwithstanding any other provision of this chapter or of any 31 general, special or local law, charter, administrative code or rule or 32 regulation to the contrary, if a retiree who: 33 (1) has met the criteria of subdivision j of this section and retired 34 on a service or disability retirement, or would have met the criteria if 35 not already retired on an accidental disability; and 36 (2) has not been retired for more than [ twenty-five ] thirty-five 37 years; and 38 (3) dies from a qualifying World Trade Center condition, as defined in 39 section two of this chapter, as determined by the applicable head of the 40 retirement system or applicable medical board, then unless the contrary 41 be proven by competent evidence, such retiree shall be deemed to have 42 died as a natural and proximate result of an accident sustained in the 43 performance of duty and not as a result of willful negligence on [ his or 44 her ] such retiree's part. Such retiree's eligible beneficiary, as set 45 forth in section five hundred one of this [ article ] chapter , shall be 46 entitled to an accidental death benefit as provided by section five 47 hundred nine of this [ article ] chapter , however, for the purposes of 48 determining the salary base upon which the accidental death benefit is 49 calculated, the retiree shall be deemed to have died on the date of [ his 50 or her ] such retiree's retirement. Upon the retiree's death, the eligi- 51 ble beneficiary shall make a written application to the head of the 52 retirement system within the time for filing an application for an acci- 53 dental death benefit as set forth in section five hundred nine of this 54 [ article ] chapter requesting conversion of such retiree's service or 55 disability retirement benefit to an accidental death benefit. At the 56 time of such conversion, the eligible beneficiary shall relinquish all S. 10085--A 9 1 rights to the respective benefits payable under the service or disabili- 2 ty retirement benefit, including any post-retirement death benefits, 3 since the retiree's death. If the eligible beneficiary is not the only 4 beneficiary receiving or entitled to receive a benefit under this 5 service or disability retirement benefit (including, but not limited to, 6 post-retirement death benefits or benefits paid or payable pursuant to 7 the retiree's option selection), the accidental death benefit payments 8 to the eligible beneficiary will be reduced by any amounts paid or paya- 9 ble to any other beneficiary. 10 § 12. Subdivision d of section 607-b of the retirement and social 11 security law, as amended by chapter 489 of the laws of 2013, is amended 12 to read as follows: 13 d. Notwithstanding any other provision of this chapter or of any 14 general, special or local law, charter, administrative code or rule or 15 regulation to the contrary, if a retiree or vestee who: (1) has met the 16 criteria of subdivision c of this section and retired on a service or 17 disability retirement, would have met the criteria if not already 18 retired on an accidental disability, or was separated from service with 19 a vested right to deferred payability of a retirement allowance; and (2) 20 has not been retired for more than [ twenty-five ] thirty-five years; and 21 (3) dies from a qualifying World Trade Center condition, as defined in 22 section two of this chapter, as determined by the applicable head of the 23 retirement system or applicable medical board, then unless the contrary 24 be proven by competent evidence, such retiree or vestee shall be deemed 25 to have died as a natural and proximate result of an accident sustained 26 in the performance of duty and not as a result of willful negligence on 27 [ his or her ] such retiree's or vestee's part. Such retiree's or vestee's 28 eligible beneficiary, as set forth in section six hundred one of this 29 article, shall be entitled to an accidental death benefit as provided by 30 section six hundred seven of this article, however, for the purposes of 31 determining the salary base upon which the accidental death benefit is 32 calculated, the retiree or vestee shall be deemed to have died on the 33 date of [ his or her ] such retiree's or vestee's retirement or separation 34 from service with vested rights. Upon the retiree's or vestee's death, 35 the eligible beneficiary shall make a written application to the head of 36 the retirement system within the time for filing an application for an 37 accidental death benefit as set forth in section six hundred seven of 38 this article requesting conversion of such retiree's service, vested 39 right or disability retirement benefit to an accidental death benefit. 40 At the time of such conversion, the eligible beneficiary shall relin- 41 quish all rights to the prospective benefits payable under the service 42 or disability retirement benefit, or vested right to such benefit, 43 including any post-retirement death benefits, since the retiree's or 44 vestee's death. If the eligible beneficiary is not the only beneficiary 45 receiving or entitled to receive a benefit under the service or disabil- 46 ity retirement benefit (including, but not limited to, post-retirement 47 death benefits or benefits paid or payable pursuant to the retiree's 48 option selection), or that will be eligible under the vested right, the 49 accidental death benefit payments to the eligible beneficiary will be 50 reduced by any amounts paid or payable to any other beneficiary. 51 § 13. Subdivision d of section 607-c of the retirement and social 52 security law, as added by chapter 489 of the laws of 2008, is amended to 53 read as follows: 54 d. Notwithstanding any other provision of this chapter or of any 55 general, special or local law, charter, administrative code or rule or 56 regulation to the contrary, if a retiree who: (1) has met the criteria S. 10085--A 10 1 of subdivision c of this section and retired on a service or disability 2 retirement, or would have met the criteria if not already retired on an 3 accidental disability; and (2) has not been retired for more than [ twen- 4 ty-five ] thirty-five years; and (3) dies from a qualifying World Trade 5 Center condition, as defined in section two of this chapter, as deter- 6 mined by the applicable head of the retirement system or applicable 7 medical board, then unless the contrary be proven by competent evidence, 8 such retiree shall be deemed to have died as a natural and proximate 9 result of an accident sustained in the performance of duty and not as a 10 result of willful negligence on [ his or her ] such retiree's part. Such 11 retiree's eligible beneficiary, as set forth in section six hundred one 12 of this article, shall be entitled to an accidental death benefit as 13 provided by section six hundred seven of this article, however, for the 14 purposes of determining the salary base upon which the accidental death 15 benefit is calculated, the retiree shall be deemed to have died on the 16 date of [ his or her ] such retiree's retirement. Upon the retiree's 17 death, the eligible beneficiary shall make a written application to the 18 head of the retirement system within the time for filing an application 19 for an accidental death benefit as set forth in section six hundred 20 seven of this article requesting conversion of such retiree's service or 21 disability retirement benefit to an accidental death benefit. At the 22 time of such conversion, the eligible beneficiary shall relinquish all 23 rights to the prospective benefits payable under the service or disabil- 24 ity retirement benefit, including any post-retirement death benefits, 25 since the retiree's death. If the eligible beneficiary is not the only 26 beneficiary receiving or entitled to receive a benefit under the service 27 or disability retirement benefit (including, but not limited to, post- 28 retirement death benefits or benefits paid or payable pursuant to the 29 retiree's option selection), the accidental death benefit payments to 30 the eligible beneficiary will be reduced by any amounts paid or payable 31 to any other beneficiary. 32 § 14. Subparagraph (e) of subdivision 25 of section 2575 of the educa- 33 tion law, as added by chapter 489 of the laws of 2013, is amended to 34 read as follows: 35 (e) Notwithstanding any other provision of law to the contrary, the 36 rules and regulations adopted pursuant to this section shall be deemed 37 to be amended to provide that if a retiree or vestee who: (1) has met 38 the criteria of paragraph (d) of this subdivision and retired on a 39 service or disability retirement, would have met the criteria if not 40 already retired on an accidental disability, or was separated from 41 service with a vested right to deferred payability of a retirement 42 allowance; and (2) has not been retired for more than [ twenty-five ] 43 thirty-five years; and (3) dies from a qualifying World Trade Center 44 condition, as defined in section two of the retirement and social secu- 45 rity law, as determined by the applicable head of the retirement system 46 or applicable medical board, then unless the contrary be proven by 47 competent evidence, such retiree or vestee shall be deemed to have died 48 as a natural and proximate result of an accident sustained in the 49 performance of duty and not as a result of willful negligence on [ his or 50 her ] such retiree's or vestee's part. Such retiree's or vestee's eligi- 51 ble beneficiary, as set forth in title twenty-one of the rules and 52 [ regulation ] regulations , shall be entitled to an accidental death bene- 53 fit as provided by title twenty-one of the rules and regulations, howev- 54 er, for the purposes of determining the salary base upon which the acci- 55 dental death benefit is calculated, the retiree or vestee shall be 56 deemed to have died on the date of [ his or her ] such retiree's or S. 10085--A 11 1 vestee's retirement or separation from service with vested rights. Upon 2 the retiree's or vestee's death, the eligible beneficiary shall make a 3 written application to the head of the retirement system within the time 4 for filing an application for an accidental death benefit as set forth 5 in title twenty-one of the rules and regulations requesting conversion 6 of such retiree's service, vested right or disability retirement benefit 7 to an accidental death benefit. At the time of such conversion, the 8 eligible beneficiary shall relinquish all rights to the prospective 9 benefits payable under the service or disability retirement benefit, or 10 vested right to such benefit, including any post-retirement death bene- 11 fits, since the retiree's or vestee's death. If the eligible beneficiary 12 is not the only beneficiary receiving or entitled to receive a benefit 13 under the service or disability retirement benefit (including, but not 14 limited to, post-retirement death benefits or benefits paid or payable 15 pursuant to the retiree's option selection), or that will be eligible 16 under the vested right the accidental death benefit payments to the 17 eligible beneficiary will be reduced by any amounts paid or payable to 18 any other beneficiary. 19 § 15. Subdivision i of section 208-f of the general municipal law, as 20 added by chapter 5 of the laws of 2007, is amended to read as follows: 21 i. Notwithstanding any other provision of law, if (i) a retiree of a 22 pension or retirement system covering a police department or paid fire 23 department of a city, town or village; (ii) a retiree of a pension or 24 retirement system covering the uniformed corrections force of the New 25 York city department of corrections; (iii) a retiree of a pension or 26 retirement system covering a county sheriff's department (outside of the 27 city of New York); (iv) a retired deputy sheriff member of the New York 28 city employees' retirement system; (v) a retired member of the New York 29 city employees' retirement system who was an employee of the city of New 30 York or the New York city health and hospitals corporation in a title 31 whose duties are those of an emergency medical technician or advanced 32 emergency medical technician (as those terms are defined in section 33 three thousand one of the public health law) or in a title whose duties 34 require the supervision of employees whose duties are those of an emer- 35 gency medical technician or advanced emergency medical technician (as 36 those terms are defined in section three thousand one of the public 37 health law); or (vi) a retired bridge and tunnel member of the New York 38 city employees' retirement system, who: (1) has met the criteria of 39 subdivision g of section sixty-three of the retirement and social secu- 40 rity law, subdivision g of section three hundred sixty-three of the 41 retirement and social security law, subdivision h of section three 42 hundred sixty-three-bb of the retirement and social security law, subdi- 43 vision g of section five hundred seven of the retirement and social 44 security law, subdivision c of section five hundred seven-c of the 45 retirement and social security law, subdivision h of section five 46 hundred fifty-six of the retirement and social security law, subdivision 47 h of section six hundred five of the retirement and social security law, 48 subdivision h of section six hundred five-a of the retirement and social 49 security law, subdivision d of section six hundred five-b of the retire- 50 ment and social security law as added by chapter five hundred four of 51 the laws of two thousand two, subdivision b of section six hundred 52 five-c of the retirement and social security law, subdivision c of 53 section six hundred seven-b of the retirement and social security law, 54 subdivision one of section 13-252.1 of the administrative code of the 55 city of New York, subdivision one of section 13-353.1 of the administra- 56 tive code of the city of New York, or subdivision b of section 13-168 of S. 10085--A 12 1 the administrative code of the city of New York, or would have met the 2 criteria if not already retired on an accidental disability; and (2) has 3 not been retired for more than [ twenty-five ] thirty-five years; and (3) 4 dies from a qualifying condition or impairment of health, as defined in 5 each of the foregoing subdivisions, that is determined by the applicable 6 head of the retirement system or applicable medical board to have been 7 caused by such retiree's participation in the World Trade Center rescue, 8 recovery or cleanup operations, then unless the contrary be proven by 9 competent evidence, such retiree shall be deemed to have died as a 10 natural and proximate result of an accident sustained in the performance 11 of duty and not as a result of willful negligence on [ his or her ] such 12 retiree's part. Upon such determination, the eligible beneficiary of 13 such retiree, as defined in either section sixty-one, five hundred one 14 or six hundred one of the retirement and social security law or section 15 13-149, 13-244, or 13-347 of the administrative code of the city of New 16 York shall be entitled to a special accidental death benefit as provided 17 by this section, payable in accordance with subdivisions b, c and d of 18 this section, however, for the purposes of determining the salary base 19 upon which the special accidental death benefit is calculated, the reti- 20 ree shall be deemed to have died on the date of [ his or her ] such 21 retiree's retirement. In no event shall the special accidental death 22 benefit be paid unless a written application is made by the eligible 23 beneficiary of such retiree to the head of the applicable retirement 24 system requesting conversion of the retiree's service or disability 25 benefit to an accidental death benefit and upon the approval of said 26 application. At the time of such conversion, the eligible beneficiary 27 shall relinquish all rights to the prospective benefits under the 28 service or disability retirement benefit, including any post-retirement 29 death benefits, since the retiree's death. If the eligible beneficiary 30 is not the only beneficiary receiving or entitled to receive a benefit 31 under the service or disability retirement benefit (including, but not 32 limited to, post-retirement death benefits or benefits paid or payable 33 pursuant to the retiree's option selection), the special accidental 34 death benefit payments to the eligible beneficiary will be reduced by 35 any amounts paid or payable to any other beneficiary. 36 § 16. Subdivision c of section 13-168 of the administrative code of 37 the city of New York, as amended by chapter 489 of the laws of 2013, is 38 amended to read as follows: 39 c. Notwithstanding any other provision of this chapter or of any 40 general, special or local law, charter, administrative code or rule or 41 regulation to the contrary, if a retiree or vestee who: (1) has met the 42 criteria of subdivision b of this section and retired on a service or 43 disability retirement, would have met the criteria if not already 44 retired on an accidental disability, or was separated from service with 45 a vested right to deferred payability of a retirement allowance; and (2) 46 has not been retired for more than [ twenty-five ] thirty-five years; and 47 (3) dies from a qualifying World Trade Center condition as defined in 48 section two of the retirement and social security law, as determined by 49 the applicable head of the retirement system or applicable medical 50 board, then unless the contrary be proven by competent evidence, such 51 retiree or vestee shall be deemed to have died as a natural and proxi- 52 mate result of an accident sustained in the performance of duty and not 53 as a result of willful negligence on [ his or her ] such retiree's or 54 vestee's part. Such retiree's or vestee's eligible beneficiary, as set 55 forth in section 13-149 of this chapter, shall be entitled to an acci- 56 dental death benefit as provided by section 13-149 of this chapter, S. 10085--A 13 1 however, for the purposes of determining the salary base upon which the 2 accidental death benefit is calculated, the retiree or vestee shall be 3 deemed to have died on the date of [ his or her ] such retiree's or 4 vestee's retirement or separation from service with vested rights. Upon 5 the retiree's or vestee's death, the eligible beneficiary shall make a 6 written application to the head of the retirement system within the time 7 for filing an application for an accidental death benefit as set forth 8 in section 13-149 of this chapter requesting conversion of such 9 retiree's service, vested right or disability retirement benefit to an 10 accidental death benefit. At the time of such conversion, the eligible 11 beneficiary shall relinquish all rights to the prospective benefits 12 payable under the service or disability retirement benefit, or vested 13 right to such benefit, including any post-retirement death benefits, 14 since the retiree's or vestee's death. If the eligible beneficiary is 15 not the only beneficiary receiving or entitled to receive a benefit 16 under the service or disability retirement benefit (including, but not 17 limited to, post-retirement death benefits or benefits paid or payable 18 pursuant to the retiree's option selection), or that will be eligible 19 under the vested right, the accidental death benefit payments to the 20 eligible beneficiary will be reduced by any amounts paid or payable to 21 any other beneficiary. 22 § 17. Subdivision 3 of section 13-353.1 of the administrative code of 23 the city of New York, as amended by chapter 489 of the laws of 2013, is 24 amended to read as follows: 25 3. Notwithstanding any other provision of this chapter or of any 26 general, special or local law, charter, administrative code or rule or 27 regulation to the contrary, if a retiree or vestee who: (1) has met the 28 criteria of subdivision one of this section and retired on a service or 29 disability retirement, would have met the criteria if not already 30 retired on an accidental disability, or was separated from service with 31 a vested right to deferred payability of a retirement allowance; and (2) 32 has not been retired for more than [ twenty-five ] thirty-five years; and 33 (3) dies from a qualifying World Trade Center condition, as defined in 34 section two of the retirement and social security law, as determined by 35 the applicable head of the retirement system or applicable medical 36 board, then unless the contrary be proven by competent evidence, such 37 retiree or vestee shall be deemed to have died as a natural and proxi- 38 mate result of an accident sustained in the performance of duty and not 39 as a result of willful negligence on [ his or her ] such retiree's or 40 vestee's part. Such retiree's or vestee's eligible beneficiary, as set 41 forth in section 13-347 of this subchapter, shall be entitled to an 42 accidental death benefit as provided by sections 13-347 and 13-348 of 43 this subchapter, however, for the purposes of determining the salary 44 base upon which the accidental death benefit is calculated, the retiree 45 or vestee shall be deemed to have died on the date of [ his or her ] such 46 retiree's or vestee's retirement or separa
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