New Legislation Effects Civil Service Workers Involved In 9-11 Rescue and Clean-up, but deadline applies

On June 15, 2005, Governor George E. Pataki signed into law extremely important legislation that effects police officers, firefighters, other public safety officers, as well as other public employees who were involved in the World Trade Center rescue, recovery or cleanup operations immediately following the September 11th attack. The new law will enable them to more easily qualify for accidental disability retirement benefits. (Three quarters (¾’s) of final salary tax free)

These new amendments to the Retirement and Social Security Law and the Administrative Code of the City of New York provide a legal presumption that individuals who, in the line of duty, were involved in September 11th related operations, and suffered certain enumerated physical and/or psychological injuries or diseases that resulted in a disability are entitled to a tax-free 75% disability pension.

Covered diseases include diseases of the upper and lower respiratory tracts such as conjunctivitis, rhinitis, asthma, RADS, etc; diseases of the gastroesophageal tract such as esophagitis and reflux disease; psychological diseases such as post-traumatic stress disorder, anxiety, depression, or any combination of these conditions; diseases of the skin such as contact dermatitis or burns; and, “new onset diseases resulting from exposure” such as cancer, chronic obstructive pulmonary disease, asbestos-related disease, heavy metal poisoning, musculoskeletal disease and chronic psychological disease.

In order to qualify for the benefit, public employees must have spent at least 40 hours working in the September 11th rescue, recovery and cleanup operations, during the period September 11, 2001 through September 12, 2002. The 40 hour requirement is waived if the applicant can prove that he was injured on September 11th or 12th 2001 and the injury was severe enough to prevent him from being able to continue working at the rescue, recovery or cleanup. Another requirement is that the applicant was working within certain geographic areas set forth in the law. A further requirement to qualify for the benefit is that the applicant must have passed a physical examination prior to his entry into public service.

A very important and unique provision of this law permits retired members, who may have retired on service, ordinary or performance of duty disability retirement, to file for a reclassification of their pension, provided they meet all the requirements of the law.

There is a two-year deadline that all potential applicants under this law must meet. Individuals must file a statement with their retirement system, on a form to be provided by such system, indicating the dates and locations of employment related to the September 11 rescue, recovery or cleanup. This statement must be filed no later than two years following the effective date of this law. The deadline for filing the statement is June 15, 2007. It is important that all civil servants who may be affected spread the word about this law, so their colleagues are not left out.