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What Is the Bill Ricci Act and How Does It Affect Disability Retirement?
For many individuals in the 9/11 community, the toxic exposure from the World Trade Center (WTC) rescue, recovery, and cleanup operations has led to serious long-term health problems, including permanent disability, even years after their exposure. Before the Bill Ricci Act, these individuals often did not qualify for Accidental Disability Retirement (ADR) because their illnesses did not stem from a single “accident” under previous rules.
The Bill Ricci Act changed the requirements for ADR. Named after Clinton Fire Lt. Bill Ricci, the law created a new system for responders seeking disability retirement. If you or a loved one suffers from a WTC-related illness and served in the recovery or cleanup effort, this law may make you eligible for ADR.
Understanding the Bill Ricci Act
The Bill Ricci World Trade Center Rescue, Recovery, and Cleanup Operations Act expanded disability retirement eligibility for 9/11 first responders who became disabled due to exposure after the 9/11 attacks.
Accidental Disability Retirement typically requires that disability is due to an identifiable on-the-job accident. However, 9/11 workers have developed disabilities over time due to health conditions related to ongoing 9/11 exposure. This means there was no single, identifiable “accident.” Exposure happened slowly and cumulatively, and the disability did not occur until years after the event.
The Ricci Act changed the definition of what counts as an “accident” for ADR purposes. It recognizes that responders who worked in the rescue, recovery, or cleanup operations were exposed to an ongoing hazardous situation, and that disabilities due to 9/11 conditions should qualify for ADR.
Who Qualifies for Disability Retirement Under the Bill Ricci Act?
This benefit is available to active members of the Police and Firemen’s Retirement System (PFRS), the State Police Retirement System (SPRS), and certain members of the Public Employees’ Retirement System (PERS), regardless of whether the member/retiree was enrolled in the PFRS, SPRS, or PERS at the time of participation or were under orders by an employer to participate in the rescue, recovery, or cleanup.
To qualify under the Ricci Act, members must show that:
- You participated in WTC rescue, recovery, or cleanup operations for a sufficient time between September 11 through October 11, 2001, within the designated time and location (lower Manhattan south of Canal Street).
- You have a disabling condition such as cancer, breathing or digestive disorders, or mental health conditions linked to your 9/11 exposure.
- Your condition is permanent and prevents you from safely performing your job.
Your illness may include one of the conditions recognized by the World Trade Center Health Program (WTCHP). Lung disease, respiratory illnesses, gastrointestinal issues, and over 75 types of cancers associated with toxic dust exposure are included.
How the Bill Ricci Act Changed Disability Retirement for First Responders
The biggest change created by the Ricci Act is that it makes responders eligible for Accidental Disability Retirement instead of Ordinary Disability Retirement. Before the Ricci Act, gradual toxic exposure did not count as an “accident.” Many responders could only access Ordinary Disability Retirement, which pays significantly less.
The Ricci Act changed the requirements so that exposure to toxic conditions during WTC rescue and cleanup efforts is legally treated as an accident, and responders with qualifying illnesses can access ADR even if their disability developed years later. This change has allowed many responders to secure the disability benefits needed to support themselves and their families.
Importantly, on July 23, 2025, Governor Murphy signed into law an amendment to the Ricci Act that corrected a past injustice where a member or retiree missed a previous two-year registration deadline that passed on August 7, 2021. The amendment allows members or retirees to petition for reconsideration or reapply for benefits under the following new rule, i.e., file a request for amended benefits within 180 days of knowledge of a disability and its relation to the rescue, recovery, and cleanup operations. This 180-day deadline would start to run from the date that the World Trade Center Health Program certified an illness as 9/11-related and eligible for WTCHP treatment and benefits.
The Difference Between Ordinary and Accident Disability Retirement
Accidental Disability Retirement benefits are more substantial, recognizing that the disability is related to employment. Differences between the two types of disability retirement include:
Ordinary Disability Retirement (ODR)
- Available for disabling conditions not caused by a work accident
- Typically pays one-third to one-half of the final average salary
- Often taxable until retirement age is reached
Accidental Disability Retirement (ADR)
- Available when a disability results from a work “accident”, including 9/11-related exposure under the Ricci Act
- Pays generally 72.7% of your final average salary
- Often tax-free
- Provides significantly greater long-term financial security
For many responders facing lifelong disability, ADR benefits can be life-changing.
How to Apply for Disability Retirement Under the Bill Ricci Act
Applying for disability retirement under the Ricci Act involves several key steps:
- Enroll in the World Trade Center Health Program and have your 9/11-related condition certified.
- Gather evidence of your presence at the WTC rescue, recovery, or cleanup sites.
- File an application for Accidental Disability Retirement with your pension system, including PFRS, SPRS, and some members of PERS.
- Undergo a medical evaluation by the pension system’s medical board.
- Provide supporting documentation, including WTCHP certifications and medical records.
- File a request for benefits within 180 days from the date the World Trade Center Health Program certified an illness as 9/11-related.
Challenges in Proving Eligibility for the Bill Ricci Act
Despite the Ricci Act’s expanded protections, responders may still face challenges, including:
- Difficulty proving presence at WTC sites
- Pension boards are disputing whether a condition is disabling
- Delays in WTCHP certification
- Missing or incomplete records
These challenges can lead to wrongful denials, but with the help of an experienced 9/11 attorney, challenges can be overcome, and denials can be appealed.
How an Experienced 9/11 Lawyer Can Help
A lawyer experienced in 9/11-related disability retirement claims can help by:
- Gathering and strengthening evidence of your WTC service
- Ensuring your 9/11-related illness is certified and documented
- Preparing your disability retirement application
- Presenting your case to the pension medical board
- Amending a claim or appealing a denial
- Coordinating retirement benefits with the VCF and WTCHP
With the right legal advocate, you can ensure you receive the maximum retirement benefits available for your circumstances. Contact our team today so we can get you enrolled in the WTC Health Program and guide you with the next steps.