New York Senate Bill S07831

New York 2025-2026 Regular Session

• Introduced: 5/9/25
• Refer: 5/9/25
• Report Pass: 5/27/25
• Refer: 1/7/26

Caption

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.

Summary

S07831 would expand eligibility for World Trade Center-related performance-of-duty disability retirement benefits under the New York State and Local Employees’ Retirement System and the New York State Teachers’ Retirement System. Under current law, a member generally must have been an active member of one of those systems at the time they participated in WTC rescue, recovery, or cleanup operations. This bill adds a new category of eligible applicants: active members with at least 10 years of service credit who were not system members at the time of their WTC participation, but who are now active members with a participating employer and later developed a qualifying WTC condition. For those newly eligible members, the bill provides a performance-of-duty disability retirement allowance equal to three-quarters of final average salary, subject to existing pension provisions. The bill also states that its provisions are not subject to section 25 of the Retirement and Social Security Law and would take effect immediately. In practical terms, it would amend sections 605 and 507 of the Retirement and Social Security Law to broaden the class of public employees who can receive enhanced disability retirement benefits tied to WTC exposure. The bill’s fiscal notes indicate that the change could create significant additional costs for the State, because the increased benefit would be paid entirely by the State and would require an appropriation. The notes estimate that roughly 60 active NYSLERS members may have filed WTC-related applications and been rejected because they were not members at the time of participation, with a potential aggregate cost of about $20.4 million if all were ultimately covered, though the actual number affected is uncertain. The NYSTRS fiscal note says only a small number of members are expected to qualify, but each case could still carry a substantial lifetime cost. Overall sentiment appears supportive. The bill passed the Senate Civil Service and Pensions Committee unanimously, 6-0, suggesting broad agreement on extending benefits to additional WTC responders who were later public retirement system members. The available materials do not show recorded opposition in committee, but the fiscal notes highlight the principal policy concern: the cost to the State and the fact that the bill would expand benefits beyond the current membership-at-time-of-participation requirement. The main point of contention is likely the balance between equity for WTC responders and the fiscal impact on the retirement systems and State budget. Supporters would view the bill as correcting an exclusion affecting responders who later entered public service, while critics may focus on the open-ended cost exposure and the fact that current retirees and beneficiaries are not affected. The bill’s narrow eligibility criteria, including the 10-year service credit requirement and the need for a qualifying WTC condition, appear designed to limit the expansion while still addressing the gap in current law.

Impact

The bill amends the Retirement and Social Security Law to expand disability retirement eligibility for certain active members of NYSLERS and NYSTRS who participated in World Trade Center rescue, recovery, or cleanup operations before joining a state retirement system. It would allow qualifying members with at least 10 years of service credit to receive a performance-of-duty disability retirement allowance equal to 75% of final average salary, even if they were not system members at the time of their WTC participation. The bill also removes the application of section 25 cost restrictions to this benefit, shifting the financial burden to the State and potentially requiring a specific appropriation.

Sentiment

The available legislative history suggests favorable sentiment toward the bill. It was reported out of the Senate Civil Service and Pensions Committee on a 6-0 vote, indicating unanimous committee support. The bill’s purpose—extending benefits to additional World Trade Center responders who were previously excluded because of timing of membership—appears to have broad policy appeal, although the fiscal notes show that lawmakers are aware of the significant cost implications.

Contention

The primary contention is fiscal: the bill would increase state pension obligations and require state funding for the enhanced benefits. The fiscal notes estimate potentially substantial costs per affected member and note that the total impact depends on how many eligible applicants ultimately qualify. A secondary issue is policy scope, since the bill changes the existing rule that ties eligibility to being a retirement-system member at the time of WTC service. Supporters likely emphasize fairness to responders, while any opposition would likely center on cost, precedent, and the expansion of benefits to members who joined the retirement systems later.