ANSWER: On June 13, Governor Pataki signed the World Trade Center Presumptive Disability Bill, which provides a disability benefit to eligible members who participated in the rescue, recovery and clean-up operations at the World Trade Center between September 11, 2001, and September 12, 2002. The bill covers the World Trade Center site, Fresh Kills Landfill, New York City Morgue or the temporary morgues at pier locations on the west side of Manhattan. Those eligible include active members as well as those retired or vested since September 11, 2001. Any member who has, or develops, a disabling condition resulting from their participation at these locations must file a Notice of Intent form with the New York City Police Pension Fund by June 13, 2007. Pat Lynch strongly recommends all eligible members to file the notice even if they are currently in good health. As of this writing Notices of Intent are being created by the Pension Fund and should be available soon.

To be eligible members must have worked a minimum of 40 hours at the covered areas between September 11, 2001, and September 12, 2002, or sustained a documented physical injury while working in the rescue, recovery and clean-up operations on September 11 or 12, 2001, and such injury prevented them from working the minimum 40 hours.

Filing the Notice of Intent does not constitute an application for disability retirement; it simply preserves your right to utilize the presumption, now or in the future. If the member is subsequently disabled, he or she can then file an application for a disability retirement with the Medical Division. In the past, disability applications must have been submitted prior to the member’s retirement. This new legislation is especially beneficial since it enables members who develop disabilities after retirement attributed the 9/11 attacks to have their pensions changed to accidental disability. Be advised that service and ordinary disability pensions changed after retirement due to this legislation will be paid prospectively from the date the Pension Fund Board of Trustees reclassified the pension. The member’s original option selection will remain in effect.

This legislation also affords the NYPD the opportunity to be heard on your application; therefore, any member filing the Notice of Intent should gather as much documentation as they can to substantiate a present or future claim. Members are advised to maintain their own personal record of documents such as line-of-duty injury reports, witness affidavits, command log entries, etc., and not leave it to the department to find them if needed.

This new legislation has been signed over the objections of the mayor. Many aspects of the law may be challenged and eventually the courts may have to provide direction. Ultimately, this may turn out to be the most significant legislation ever enacted.

PBA Pension Consultant Joseph Maccone will answer your retirement and pension questions in print. Write or email at the PBA, 40 Fulton St., NY, NY 10038, or jmaccone@nycpba.org.