BILL NUMBER: S9451
SPONSOR: MARTINEZ
 
TITLE OF BILL: An act relating to disability retirement benefits for
deputy sheriff Richard Stueber, a participant in World Trade Center
rescue, recovery, and cleanup operations
 
PURPOSE::
The purpose of this legislation is to allow Deputy Sheriff Richard Stue-
ber to receive 75% accidental disability retirement.
 
SUMMARY OF PROVISIONS::
Mr. Stueber shall be entitled to a 75% accidental disability retirement
pursuant to paragraph 4 of subdivision d of section 605 of the retire-
ment and social security law.
 
JUSTIFICATION::
Suffolk County Sheriff's Officer Richard Stueber answered the call to
serve his state and nation as part of the World Trade Center rescue,
recovery and cleanup efforts in the weeks and months following the 9/11
attacks.
Officer Stueber was accepted into the Zadroga World Trade Center Program
and became incapacitated from performing all the duties of a police
officer as a result of his participation in the WTC rescue and recovery.
Richard applied for his WTC Accidental Disability retirement with the
New York State and Local Retirement System in February 2019 which was
processed by that System and granted March 12, 2020. He was awarded a
75% 911 accidental disability retirement by the System on March 12, 2020
by a favorable determination made by the System. However, while this
process was pending, Officer Stueber was forced to take his New York
State Service pension in March 2019, one month after he filed for his
Disability Retirement Application as the ability to stay on the Suffolk
County Sheriff's payroll during the time it took to prosecute his 9/11
World Trade Center Accidental Retirement Application was not possible.
On December 14, 2020, the New York State Retirement System sent a letter
notifying Mr. Stueber that he was ineligible for the 75% portion of WTC
Accidental Disability retirement benefit due to changes in the Law under
the provisions of Section 605(d) (4) of the Retirement and Social Secu-
rity Law, which took effect September 11, 2019. it was not the legisla-
tive intent to reduce the class of eligible participants which is why
this legislation is necessary to ensure Officer Stueber receives his 75%
9/11 accidental disability retirement, as was the original intent of the
law.
 
FISCAL IMPLICATIONS::
See fiscal note.
 
EFFECTIVE DATE::
This act shall take effect immediately.