Expands the application of provisions for a reduced retirement age for certain Triborough bridge and tunnel authority employees

Existing law

Article 16 of the retirement and social security law affords bridge and tunnel officers, bridge and tunnel maintainers and laborers employed by the TBTA the benefit of a reduction in retirement age.

For each year of covered employment prior to January 1, 1971 the normal retirement age shall be reduced by six months. For each year of covered employment between January 1, 2009 and December 31, 1970 the normal retirement age shall be reduced by four months.

Tier I members cannot retire, except for disability retirements, prior to age fifty and Tiers II, III, IV members are not permitted, except for disability retirements, to retire prior to age fifty-five.

Justification

A 1987 study of the National Institute of Occupational Safety and Health (NIOSH) found that the early death risk to TBTA employees who work in poorly ventilated tunnels and on bridges contaminated by generally unhealthy substances such as carbon monoxide cannot be ignored. Chapter 511 of the laws of 1988 provided the benefit of early retirement rights to these employees. Since the conditions realized in the study have not been abated, the legislature has periodically renewed this benefit since its inception.

TBTA Officers are assigned to work on bridges and in tunnels throughout the City's five boroughs. These officers must staff the TBTA facilities 24 hours a day 7 days a week. Diesel exhaust from trucks, buses and cars is a serious health hazard that these officers are extremely likely to be exposed to at the toll plazas were they work.

TBTA laborers and maintainers are responsible for the maintenance and repair of bridge and tunnel roadways, catwalks, toll booths, plazas and equipment, including pump and ventilation systems. The performance of these tasks places these workers at particularly high risk of heart disease. The greatest danger to TBTA employees is caused by exposure to toxic chemicals when repairing roadways and in other inadequately ventilated areas in the bridges and tunnels.

Chapter 665 of 2007 and Chapter 91 of 2008 created a task force to study toll plaza air quality in the city of New York. The final report of this study is due in April of 2011. Until the finding of this study can be reviewed this legislation should extended.

Legislative history

First enacted by Chapter 511 of 1988 Chapter 225 of the laws of 2006 extended this benefit until December 31, 2008.

Fiscal implications

According to the Chief Actuary for the New York City Retirement Systems, the enactment of this proposed legislation would increase the annual employer costs to NYCERS by approximately $90,000 per year.

Local fiscal implications

None.

Effective date

This act shall take effect immediately and shall be deemed to have been In full force and effect on or after December 31, 2008 and shall apply only to covered employment Performed on or before December 31, 2011.