Members who participated in the World Trade Center rescue, recovery and clean up effort for at least 40 hours between September 11, 2001, and September 12, 2002, and became sick as a result, may be eligible for accidental disability benefit, thanks to a new state law.

The law, Chapter 93 of the Laws of 2005, creates a presumption that eligible members of the New York City Employees Retirement System (NYCERS) who develop one of the “Qualified Conditions or Impairments of Health” (see below) after appointment to public service, incurred that condition in the performance of duty as a result of participating in the “World Trade Center Rescue, Recovery or Clean Up Operations.”

However, the law allows NYCERS Medical Board to rebut the presumption and a claim for accident disability based on competent evidence that the member did not incur the “Qualified Condition or Impairment of Health” as a result of participating in the “World Trade Center Rescue, Recovery or Clean Up Operations or the World Trade Center Site.”

To qualify for “presumptive eligibility for accident disability” under chapter 93, members must meet the “Qualified Conditions or Impairment of Health” stipulated in the law [see below] and must have participated in the World Trade Center rescue, recovery and cleanup during a specific time period, between 9/11/2001 and 9/12/2002.

Qualifying Conditions Or Impairment of Health 1.  Diseases of the upper respiratory tract and mucosae, including conditions such as conjunctivitis, rhinitis, sinusitis, pharyngitis, laryngitis, vocal chord disease, upper airway hyper-reactivity and tracheo-bronchitis, or a combination of such conditions; or 2.  Diseases of the lower respiratory tract, including but not limited to bronchitis, asthma, reactive airway dysfunction syndrome, and different types of pneumonitis, such as hypersensitivity, granulomatous, or eosinophilic; or 3.  Diseases of the gastroesophageal tract, including esophagitis and reflux disease, either acute or chronic, caused by exposure or aggravated by exposure; or 4.  Diseases of the psychological axis, including post-traumatic stress disorder, anxiety, depression, or any combination of such conditions; or 5.  Diseases of the skin such as contact dermatitis or burns, either acute or chronic in nature, infectious, irritant, allergic, idiopathic or non-specified reactive in nature, caused by exposure or aggravated by exposure; or 6.  New onset diseases resulting from exposure as such diseases may occur in the future including cancer, chronic obstructive pulmonary disease, asbestosrelated disease, heavy metal poisoning, musculoskeletal disease and chronic psychological disease. World Trade Center Time Period Participated in World Trade Center Rescue, Recovery or Cleanup Operations 1.  Participated in the rescue, recovery or clean up operations at the World Trade Center Site between 9/11/2001 and 9/12/2002; or 2.  Worked at the Fresh Kills Land Fill in New York between 9/11/2001 and 9/12/2002; or 3.  Worked at the New York City morgue or the temporary morgue on pier locations on the west side of Manhattan between 9/11/2001 and 9/12/2002; or 4.  Manned the barges between the west side of Manhattan and the Fresh Kills Land Fill between 9/11/2001 and 9/12/2002.

“The conditions and stipulations for eligibility are very specific,” said Patricia Stryker, Local 237 political action director and recording secretary, who also serves as a trustee on the NYCERS board. “Members should understand clearly what the rules and requirements are before submitting their papers. That’s why I urge members who believe they may be eligible for this retirement benefit to contact the union before filing a claim.”

The law also stipulates that for active members to qualify for Chapter 93 retirement benefits, the members must satisfy certain requirements, including:

1. Must have successfully passed a physical examination for entry into public service which did not show any evidence of any “Qualifying Conditions or Impairment of Health” which is the basis for the disability;
   
   
2. Must file a statement with NYCERS indicating the dates and locations of employment, and for those members already retired this statement also includes a request for reclassification; and
   
   
3. Must file such statement no later than two years from the effective date of this chapter, meaning no later than June 14, 2007.