Relates to certain medical conditions developed by Stephen Hess as a result of the World Trade Center clean-up

Justification

On September 11, 2001, Stephen Hess, as part of the Hazardous Materials Unit based on Staten Island, was sent to the World Trade Center site before the first tower had fallen. After the first tower fell, Mr. Hess went to retrieve his ambulance amongst the cloud of dust and dirt that had developed. Shortly thereafter, the second tower had fell and a thicker cloud of dust and dirt was inhaled and breathed by Mr. Hess.

For four hours that day, Mr. Hess was at the World Trade Center site administrating medical care to pedestrians and those within the line of duty and over the next several months, he would perform more than ten tours of duty at the Staten Island Landfill, the designated site of debris from the Twin Towers.

One week after 9/11, Mr. Hess developed a cough and within the next couple of years, he developed obstructive lung disease, asthma, nasal congestion, wheezing, a bulging disc (from constant strenuous coughing), gastro esophageal reflux disease, reactive arthritis, clinical depressions and post traumatic stress disorder. Doctors at the FDNY determined that Mr. Hess was disabled and no longer able to work. However, NYCERS determined Mr. Hess was not ill and therefore not eligible for a disability pension - despite the proven conditions that had developed within Mr. Hess during the aftermath of the World Trade Center tragedy.

In July of 2006, Mr. Hess was notified by letter through the NYCERS Board of Trustees that a resolution had been adopted to deny his disability retirement application. Mr. Hess had went before the NYCERS Medical Board numerous times, including court order dates, to both validate and demonstrate tests he had performed to support his claim of a continuing disability.

Following everything to the book for eligibility and for application of retirement, pension and accidental disability benefits, Stephen Hess should be deemed to have a qualifying World Trade Center condition and have the right to re-file and apply for his due benefits before the NYCERS Medical Board.

Prior legislative history

New bill.

Fiscal implications

According to NYCERS and The World Trade Center provision, or section 607(b) of the Retirement and Social Security law, a disability benefit equal to 75% of the Final Average Salary (comprised of the final thirty-six months or the greater of the average annual wages earned during three consecutive calendar year periods) is available to retirees subject to provisions within the Retirement and Social Security law and the Administrative code of New York City.

Stephen Hess would be entitled to a $31,788.49 disability benefit per year based on wage earnings including and through 2001-2003. His wage earnings were $45,766.56, $43,138.21 and $38,209.21 from 2001-2003 respectively.

If this bill shall become law, Stephen Hess' disability benefits, upon approval before the NYCERS Medical Board, will occur prospectively beginning 2010.

Effective date

This act shall take effect immediately and be eligible up to and including December 31, 2009.