Bill
A 5381
Expands accidental disability retirement eligibility for 9/11 responders under PERS, PFRS, SPRS: removes filing deadline, widens proof, extends recalculation window.
Note: Although the header you provided lists A5381 with a housing-related title, the bill texts and legislative history supplied here show Assembly Bill No. 5381 concerns accidental disability retirement allowances for certain members and retirees of the State pension systems related to participation in 9/11 World Trade Center (WTC) rescue, recovery, or cleanup operations. The summary below reflects the bill as enacted (P.L.2025, c.117).
Summary — A5381 (P.L.2025, c.117)
Purpose
- To expand and clarify eligibility and procedures for members and retirees of the Public Employees’ Retirement System (PERS), the Police and Firemen’s Retirement System (PFRS), and the State Police Retirement System (SPRS) to receive an accidental disability retirement allowance for qualifying health conditions resulting from participation in 9/11 World Trade Center rescue, recovery, or cleanup operations.
Key provisions and changes
- Removal of prior filing deadline: The bill removes the earlier registration deadline that had required affected members/retirees to file notice within a limited period after P.L.2019, c.157. Retirees previously denied solely for filing outside that earlier registration window may petition their system’s board of trustees for reconsideration.
- Medical documentation requirement clarified: Members/retirees seeking the presumption may satisfy the “entry physical” requirement either by showing they successfully passed an entry physical exam that failed to disclose the qualifying condition, or by presenting “sufficient evidence” of one or more medical examinations or results performed within a reasonable time before or after entry into public service that likewise failed to disclose the condition.
- Expanded recalculation and filing window: Members who participated in WTC operations (minimum eight hours) and later retired on service, special, accidental disability, or ordinary disability retirement may apply to have their retirement allowance recalculated as an accidental disability allowance if the medical board determines the disability was caused by WTC participation. The allowable filing period for such recalculation is extended from 30 days to 180 days from the date the retiree knew or should have known of the disability’s connection to WTC operations.
- Eligibility definitions and presumptions: The bill keeps and clarifies the list of “qualifying conditions” (upper/lower respiratory diseases, gastroesophageal diseases, certain skin and psychological conditions, and future-onset diseases such as cancer, COPD, asbestos-related disease, etc.). It retains the presumption that permanent and total disability resulting from a qualifying condition is work-related for members who participated at least eight hours; members with shorter participation who sustained a documented injury preventing continuation for eight hours may also qualify.
- Systems affected and process: Provisions apply to PERS, PFRS, and SPRS. The medical board and board of trustees of each system retain authority to examine, certify, and adjudicate claims and recalculation requests.
Who is affected
- Current and former members of PERS, PFRS, and SPRS who participated in WTC rescue, recovery, or cleanup operations between September 11, 2001 and October 11, 2001 (participation definitions and minimum-hours rules apply).
- State agencies (Division of Pensions and Benefits) and local governments (municipalities with employees in PFRS) because of benefit costs.
Fiscal and procedural impacts
- Office of Legislative Services (OLS) estimates annual cost increases to the State of $86,500–$159,000 and to local governments of $91,500–$300,000 (total annual increase $178,038–$458,485). Costs reflect additional accidental disability allowances and reallocations among employers in PFRS/SPRS; OLS expects no increased cost for PERS.
- Legislative actions: Introduced 3/6/2025; reported with committee amendments; passed both houses 6/30/2025 (Assembly 79-0; Senate 39-0); approved and enacted as P.L.2025, c.117 on 7/23/2025.
- Sponsors: Assemblywoman Linda Rosenthal (primary) and Assemblywoman Karines Reyes (cosponsor). Companion bill: S4402.
Practical effect
- The law makes it easier for 9/11 responders and related retirees who develop qualifying conditions to obtain accidental disability retirement benefits by removing prior filing time bars, expanding acceptable medical proof of pre-service health status, extending the window to seek recalculation, and providing a reconsideration path for those previously denied solely because of the old deadline.
Compiled from official sources — confirm details with the bill’s official record.
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