New York 2025-2026 Regular Session

New York Senate Bill S06856

Introduced
3/25/25  
Refer
3/25/25  

Caption

Provides certain enhanced disability retirement benefits for Kyle Brower relating to participation in World Trade Center rescue, recovery, or cleanup operations, and who retired in 2013.

Summary

This bill is a special, individual pension measure for Kyle Brower, a retired member of the New York State Teachers’ Retirement System. It would grant him a performance-of-duty disability retirement allowance equal to three-quarters of his final average salary if he meets the bill’s stated criteria: participation in World Trade Center rescue, recovery, or cleanup operations; a qualifying World Trade Center condition; a finding that the condition was incurred in the performance and discharge of duty and was not caused by his own willful negligence; and retirement for disability in 2013. If he files a written request within one year of the bill’s effective date, his retirement benefit would be recalculated as of 2013, with retroactive adjustment to payments made since his retirement date. The bill also specifies that the enhanced benefit is subject to section 64 of the Retirement and Social Security Law, and that the act is not subject to section 25 of that law. It would take effect immediately. In practical terms, the bill changes the pension treatment for one named retiree by converting an ordinary disability retirement benefit into a higher duty-related disability benefit, with both prospective and retroactive financial consequences. The overall sentiment reflected in the available materials is neutral to supportive, though the record is limited. There are no committee transcripts or recorded votes provided, so there is no documented debate or opposition in the supplied context. The bill’s structure as a named, individualized benefit suggests it is intended as a targeted remedial measure rather than a broad policy change. The main point of potential contention is the special treatment for a single individual, including the retroactive recalculation of benefits and the estimated fiscal cost of about $937,000, which would be borne by employers in the New York State Teachers’ Retirement System. Another possible issue is the bill’s override of otherwise applicable retirement-law provisions, including the explicit exemption from section 25, though no formal opposition is shown in the provided materials.

Impact

The bill would amend the application of New York retirement law only for Kyle Brower, creating a one-time exception that upgrades his disability retirement benefit to a performance-of-duty disability retirement allowance. It would require the New York State Teachers’ Retirement System to recalculate his pension as of 2013 and make retroactive adjustments, while also imposing the cost on system employers rather than on the member. The bill does not broadly change eligibility rules for other retirees, but it does create a precedent for individualized pension legislation tied to World Trade Center-related conditions.

Sentiment

No committee discussion or vote history is provided, so there is no recorded public debate to gauge. Based on the bill text alone, the measure appears sympathetic and remedial, aimed at providing enhanced retirement benefits to a named retiree with a World Trade Center-related disability. The absence of recorded opposition or amendments suggests no documented controversy in the supplied materials, though the fiscal note indicates the proposal has a measurable cost.

Contention

The most notable issue is that the bill grants a special, individualized pension enhancement to one named person, which can raise fairness and precedent concerns even when the underlying facts are sympathetic. The retroactive recalculation back to 2013 and the estimated $937,000 actuarial cost may also draw scrutiny, particularly because the expense would be borne by employers in the teachers’ retirement system. No specific advocates or opponents are identified in the provided record, and no committee testimony is available to show direct disagreement.

Companion Bills

NY A07541

Same As Provides certain enhanced disability retirement benefits for Kyle Brower relating to participation in World Trade Center rescue, recovery, or cleanup operations, and who retired in 2013.

Previously Filed As

NY A07541

Provides certain enhanced disability retirement benefits for Kyle Brower relating to participation in World Trade Center rescue, recovery, or cleanup operations, and who retired in 2013.

NY S08024

Provides accidental disability retirement benefits for deputy sheriff Richard Stueber, a participant in World Trade Center rescue, recovery, and cleanup operations.

NY A08645

Provides accidental disability retirement benefits for deputy sheriff Richard Stueber, a participant in World Trade Center rescue, recovery, and cleanup operations.

NY A683

Permits any member of PERS to receive accidental disability retirement allowance for disability resulting from participation in 9/11 World Trade Center rescue, recovery, or cleanup operations.

NY S74

Permits any member of PERS to receive accidental disability retirement allowance for disability resulting from participation in 9/11 World Trade Center rescue, recovery, or cleanup operations.

NY S07831

Allows for participants in World Trade Center rescue, recovery, or cleanup operations who were not members of a New York state retirement system at the time of such participation but who are now currently active members in such retirement systems to be eligible for disability benefits.

NY A07971

Allows for participants in World Trade Center rescue, recovery, or cleanup operations who were not members of a New York state retirement system at the time of such participation but who are now currently active members in such retirement systems to be eligible for disability benefits.

NY S3160

Provides filing extension and medical documentation requirement for certain members or retirees of PFRS, SPRS, or PERS regarding accidental disability retirement allowance for participation in 9/11 World Trade Center rescue, recovery, or cleanup operations.

NY A11213

Extends the presumptive eligibility period, from twenty-five to thirty-five years, for certain retirement benefits for injuries or illnesses related to World Trade Center rescue, recovery and clean-up operations.

NY S10085

Extends the presumptive eligibility period, from twenty-five to thirty-five years, for certain retirement benefits for injuries or illnesses related to World Trade Center rescue, recovery and clean-up operations.

Similar Bills

No similar bills found.