BILL NUMBER: S8024B
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
Stueber's surviving spouse to receive 75% accidental disability retire-
ment.
 
SUMMARY OF PROVISIONS:
Section 1: Provides Stacie Stueber shall be entitled to a 75% accidental
disability retirement on behalf of her husband, who is deceased as
result of mental illness associated with his participation in the World
Trade Center rescue, recovery and cleanup, pursuant to paragraph 4 of
subdivision d of section 605 of the retirement and social security law.
Section 2: Provides all costs associated with implementing this act
shall be borne by the county of Suffolk.
Section 3: Is the effective clause.
 
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. He 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 disabil-
ity retirement by the System on March 12, 2020 by a favorable determi-
nation 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.
Officer Stueber suffered from mental illness as a result of his partic-
ipation in the operations and since the introduction of this bill in
2021, he has taken his own life. Officer Stueber is survived by his
wife, Stacie Stueber. This bill seeks to provide Stacie with the acci-
dental disability retirement Richard died waiting for.
 
FISCAL IMPLICATIONS:
See fiscal note.
 
EFFECTIVE DATE:
This act shall take effect immediately.