62-5 SPD:62/5 SPD.qxd - NYCERS

SPECIAL DISABILITYPROVISIONSWORLD TRADE CENTER LAWThis law provides for presumptive eligibility for an accidental disability benefit in connectionwith the World Trade Center (WTC) tragedy of September 11, 2001. This law does not grant anew disability benefit. Rather, it allows members/vested members/retirees who meet pre-qualifyingcriteria and develop a WTC-related Qualifying Condition or Impairment of Health to benefitfrom the presumption that such illness was sustained in the performance of duties as thenatural and proximate result of an accident. Members approved for disability under this lawreceive a Disability Retirement Benefit equal to the amount payable under the section of lawapplicable to their tier and title. To meet the pre-qualifying criteria in the law, members/vestedmembers/retirees must have:1. Filed a Notice of Participation prior to September 11, 2010 indicating the dates and locationsof participation in rescue, recovery or clean-up operations. Eligible Beneficiaries ofmembers who participated and subsequently died without having filed a Notice of Participationmay file;AND2. Passed a physical examination upon entry into public service or, for those who were notrequired to take such examination upon entry into public service, authorize the release ofall relevant medical records. In the event a WTC disability application is filed, the relevantmedical records must not show evidence of the Qualifying Condition or Impairment ofHealth prior to 09/11/01;AND3. Participated in rescue, recovery or clean-up operations at the WTC site, worked at the FreshKills Landfill, the NYC Morgue or temporary morgue on pier locations on the west side ofManhattan, or manned the barges between the west side of Manhattan and the FreshKills Landfill for any period of time within the first 48 hours after the first airplane hit thetowers or for a minimum of 40 hours between 09/11/01 and 09/12/02;ORNEW YORK CITY EMPLOYEES’ RETIREMENT SYSTEM4. Repaired, cleaned or rehabilitated vehicles or equipment, including emergency vehicle radioequipment, owned by NYC that were contaminated by debris at the WTC site, regardless ofwhere the work was performed, for any period of time within the first 48 hours after the firstairplane hit the towers or for a minimum of 40 hours between 09/11/01 and 09/12/02;DISABILITY RETIREMENTOR5. Worked at the following locations in the following titles (see table on the next page) for anyperiod of time within the first 24 hours after the first airplane hit the towers:52