Bill
S 10085
Extends the presumptive window to 35 years after retirement for WTC-related deaths to qualify for accidental death benefits across NYS/NYC retirement systems.
Title: Extends the twenty-five year presumptive eligibility period for certain retirement benefits for injuries or illnesses related to World Trade Center (WTC) rescue, recovery and clean-up operations
Sponsor: Sen. Jackson (Co-sponsor: Sen. Robert Jackson)
Committee: Civil Service and Pensions
Effective date: Immediate
Status: Introduced April 27, 2026; referred to Civil Service and Pensions
Purpose and intent
- To extend the period during which a retiree who participated in WTC rescue/recovery/cleanup and later dies from a WTC qualifying condition can be treated for certain accidental death benefits as if the death were the natural and proximate result of an accident sustained in the performance of duty.
- Specifically, the bill raises the presumptive eligibility window from 25 years to 35 years after retirement, for the purposes of reclassifying death as a WTC accidental death rather than a death that occurred solely from other causes.
Key provisions (substantive changes)
- General extension across multiple retirement systems:
- Amends subdivisions of several NYS laws to extend the presumption period to 35 years after retirement for WTC-related deaths qualifying for accidental death benefits. The affected statutes include:
- Retirement and Social Security Law (RS&SL) sections 63, 363, 507, 556, 605, 605-a, 605-b, 607-b, 607-c
- Education Law (title/section referenced in §15)
- Military Law (Section 1 of the bill relates to military pensions for WTC conditions)
- General Municipal Law
- Administrative Code provisions for NYC retirement systems
- Mechanism of benefit conversion:
- If a retiree dies from a qualifying WTC condition within the extended window (up to 35 years post-retirement), the eligible beneficiary may apply to convert the retiree’s service or disability retirement benefit to an accidental death benefit.
- Upon conversion, the beneficiary relinquishes all rights to the prospective benefits under the service or disability retirement, including post-retirement death benefits, with proportional reductions if other beneficiaries exist.
- The salary base used to calculate the accidental death benefit is the retiree’s retirement date (not the date of death).
- Similar conversion and rights-relinquishment rules apply across the various retirement systems referenced in the bill (city, state, education, police/fire, etc.).
- Qualification and documentation:
- The definition of “Qualifying World Trade Center condition” (QWTC) remains standard, with conditions about eligibility, timing, and documentation (including filing requirements) retained and aligned with the extended deadline.
- The bill maintains the requirement that the disposition of the claim be determined by the applicable head of the retirement system or medical board, with competent evidence determining whether the death was natural/proximate to an accident in the line of duty.
- Filing window extension:
- Extends the deadline for WTC Notices of Participation filings by 10 years (from 2026 deadline to 2036 for certain systems), subject to the same general conditions.
- Beneficiary impact:
- The bill preserves existing reduction mechanics if there are multiple beneficiaries (i.e., accidental death benefits can be reduced to account for other entitled recipients).
- Applies to retirees, vestees, and related beneficiaries across multiple systems (city and state).
Who is affected
- Retirees of various NYS and NYC retirement systems who participated in WTC rescue/recovery/cleanup operations and later die from a WTC qualifying condition.
- Eligible beneficiaries (spouses, children, dependent parents, etc.) who may convert service/disability retirement benefits to accidental death benefits under the extended window.
- Retirement systems and pension funds impacted include NYCERS, TRS, BERS, Police, Fire, NYC municipal retirement entities, and related municipal/city education systems.
Procedural and timeline aspects
- Immediate effect upon enactment.
- Filing deadline extension for WTC participation notices to Sept. 11, 2036 (where applicable).
- The act provides for regulations by relevant authorities (e.g., Adjutant General for the military provisions) to implement new rules.
Fiscal note (summary)
- The accompanying fiscal note estimates impact on employer contributions and unfunded actuarial liabilities (UAL) across NYC retirement systems under two scenarios (25% and 75% of 25–35 year window deaths reclassified as WTC-related).
- Notable finding: Increases in employer contributions, primarily borne by NYC, with sizable one-time adjustments and annual amortization in NYCERS, TRS, BERS, Police, and Fire pension funds.
- The note acknowledges uncertainty due to data limitations on WTC reclassification likelihood and beneficiary eligibility.
Rationale
- The bill seeks to broaden eligibility to recognize long-tail WTC-related health impacts by extending recognition of WTC death benefits, aligning more beneficiaries with accidental death benefits and addressing historical gaps for deaths occurring well after retirement.
Note: This summary is based on the bill text and attached fiscal note. It does not reflect any amendments that may be adopted during the legislative process.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
