NYS DMNA World Trade Center Benefits Program (WTC-BP)

What deadlines do I need to meet when filing my claim for a World Trade Center performance of duty disability pension?

There is only one deadline to meet with respect to filing a claim under the DMNA World Trade Center Benefit Program – a claimant must register by filing an Application for World Trade Center Notice (DMNA 911-A or DMNA 9-11A2) on or before September 11, 2026.

Once a claimant has registered, there is no deadline to file a claim for a performance of duty disability pension. However, eligibility deadlines for Accidental Benefits vary by individual.

DMNA has helpful information on How to Register and File a Claim.

What deadlines do I need to meet when filing a claim for an Accidental Death Benefit?

There are two deadlines in the claim filing process for an accidental death benefit – the first is the Registration Deadline and the second is the Eligibility Deadline. Registration is not the same as filing a claim and the deadline varies depending on individual circumstances.

The Registration Deadline for an Accidental Death Benefit is the same as the World Trade Center performance of duty disability pension – a claimant must register by filing an Application for World Trade Center Notice (DMNA 911-A or DMNA 9-11A2) on or before September 11, 2026.

The Eligibility Deadline for an Accidental Death Benefit is unique to each service member. In order for a service member’s beneficiaries to be eligible for an Accidental Death Benefit, the service member must have been retired from the New York Organized militia for less than 25 years at the time of their death.

A service member’s beneficiaries may convert a performance of duty disability pension benefit to an accidental death benefit by filing an Application for Conversion of Service or Disability Retirement to Accidental Death Benefit (DMNA Form 911-D) so long as the service member was retired from the New York Organized militia for less than 25 years at the time of their death.

DMNA has helpful information on How to Register and File a Claim.

Do I need to be sick or have been diagnosed with a qualifying condition before I can register with the DMNA World Trade Center Benefits Program?

No. You do not need to be sick or have been diagnosed with a qualifying condition in order to register with the DMNA WTC-BP. You can register at any time so long as you do so before the Registration Deadline of September 11, 2026. Registering with the DMNA WTC-BP preserves your right to file a claim, either now or at some point in the future.

DMNA has helpful information on How to Register and File a Claim.

I submitted my claim. What happens next?

1. Preliminary Review:

   Once you file your claim, the first step the WTC-BP takes is to do a preliminary review to confirm that all of the “minimally required” documents and information have been submitted. In addition to either a complete Application for World Trade Center Accidental Disability Presumption DMNA Form 911-B or a complete Application for Conversion of a Performance of Duty Disability Pension to an Accidental Death Benefit DMNA Form 911-D, we require the following fully executed documents before your claim can move forward for a substantive review:

   • Authorization for Release of Health Information Pursuant to HIPAA (DMNA Form 911-C).
   • Witness Presence Statement(s) DMNA Form 911-E
   • Collateral Source Offsets Disclosure DMNA Form 911-F
   • Request for Independent Medical Exam DMNA Form 911-G
   • Signature and Certification DMNA Form 911-I

   These forms, along with other important resources to help you file your claim, can be found on the WTC-BP Documents webpage.

   If any of the above documents are missing or insufficient, the WTC-BP will place the claim in a “HOLD” status. This means we have stopped processing the claim until you submit this information. We will send you detailed information explaining what you need to do to reactivate your claim so we can continue our review. So long as you filed your Application for World Trade Center Accidental Disability Presumption on or before September 11, 2026, your claim will never expire. Please refer to Section 1: Registration and Other Deadlines for important information on registration and eligibility deadlines.

2. Substantive Review:

   Once we have all documents required for processing, we review the claim to determine if the victim is eligible for compensation. This includes:

   • Verifying the claim was registered by the applicable deadline(s).
   • Confirming the service member has a qualifying condition.
   • Verifying the victim’s presence at site.
   • If applicable, we also validate all Authorized Representatives.

   Our substantive review includes verification of all forms and information to ensure it is true and accurate. This process includes cross-referencing the information you have provided with all official DMNA records that are relevant to a service member’s participation in World Trade Center rescue, recovery, or cleanup operations. We will also utilize our partnerships with other agencies such as the Victim Compensation Fund and the New York State Local Retirement System’s World Trade Center Presumption Program to obtain as much relevant information as possible to ensure your claim receives a full and fair review.

   All claims that have completed a substantive review and meet the WTC-BP’s Eligibility Criteria will be referred to an Independent Medical Examiner (IME) to certify the service member’s qualifying condition. IMEs assess not only whether a service member has a qualifying condition but also the degree to which they are found to be disabled.

3. Eligibility Determination:

   Once the WTC-BP receives an IME determination confirming that a service member has a qualifying condition, and that the service member is determined to be disabled, the entire claim file is referred to the 9/11 Pension Examining Board for review in accordance with DMNA Regulation 27-10 9/11 Pension Examining Board.

   In developing a recommendation, the 9/11 Pension Examining Board must consider the cumulative weight of all evidence of participation that is provided for its review as part of an application for benefits under NYS CLS MIL§ 217.

   The findings and recommendations of the Board shall be submitted to the New York National Guard’s Adjutant General, who may return the proceedings to such Board for reconsideration and who shall approve or disapprove the claim and fix the amount, if any, to be paid:

   1. In accordance with NY CLS Mil §217, no pension award may exceed the maximum of 75% of a service member’s final annual State Active Duty (SAD) pay.
   2. In accordance with NY CLS Mil §217, no death benefit award may exceed the maximum of 50% of a service member’s final annual (SAD) pay.

If I am determined to be eligible, how is my pension award calculated?

All eligibility determinations and award calculations are made in accordance with DMNA Regulations 27-9 (Pension Eligibility) and 27-10 (Pension Examining Board).

Once it has been determined that a claimant has satisfied all eligibility requirements (WTC-BP Eligibility Tool), and a disability rating (a percentage rating 0%-100%) is assigned by an independent medical examiner, that rating is applied to 75% of the claimant’s final annual State Active Duty (SAD) Pay.

(Final Annual SAD Pay) x (75%) x (Disability Rating) = Annual Pension. *

For example, if the WTC-BP determines a claimant is 100% disabled and their final annual SAD pay was $100,000, they would receive $75,000 dollars annually divided into 12 monthly payment ($6,250).

With a WTC-BP disability rating of 50%, they would receive $37,500 annually divided into 12 monthly payments ($3,125).

With a WTC-BP disability rating of 20%, they would receive $15,000 annually divided into 12 monthly payments ($1,250).

Note: These examples are for illustrative purposes only. Claimants should refer to their detailed award letter for additional information related to their specific circumstances.

*Collateral source offsets may apply to any award made by the WTC-BP.

What are Collateral Source Offsets?

The WTC-BP defines a collateral source offset as a reduction in an award based on payments or benefits the claimant or their beneficiaries have already received from other independent sources related to the same claim. In these instances, the collateral offset factors into a claimant’s WTC-BP Annual Pension Award.

(Annual Pension) – (Collateral Source Offsets) = Annual Award

For example, the WTC-BP will offset (that is, subtract) the amount of compensation that a claimant has already received from the Victim Compensation Fund (VCF) from any award issued by the WTC-BP. If the WTC-BP calculates a claimant’s annual pension to be $50,000 and the claimant already receives the equivalent of $15,000 annually in compensation from the VCF, their annual award from the WTC-BP would be $35,000 annually divided into 12 monthly payments ($2.917.67).

Where collateral source offsets exceed an annual award calculated by the WTC-BP, no award will be made.

The WTC-BP requires all claimants to file DMNA Form 911-F (Collateral Source Offsets Disclosure) before it can make a final eligibility determination and issue an award. The obligation to report collateral source payments is ongoing, until the WTC-BP stops taking claims. If you become entitled to receive additional collateral source payments after an initial notification to the WTC-BP, you will need to submit a new DMNA Form 911-F to advise the WTC-BP of this update within 90-days.

Note: The WTC-BP works collaboratively with the collateral sources outlined in DMNA Form 911-F.

Does the WTC-BP distinguish between Economic and Non-Economic Loss?

The WTC-BP follow the U.S. Military’s approach to disability pensions in that we treat economic and non economic loss as part of a unified disability rating, not as separate, itemized components.

Some compensation systems, such as certain workers’ compensation or tort claims, explicitly separate economic and non economic damages. For example, the September 11th Victim Compensation Fund (VCF) does calculate economic and non economic loss separately. However, this is not how military disability pensions work.

A disability rating assigned by the WTC-BP reflects the overall impact of the disability on the veteran’s ability to work and function, but it is not broken down into “economic” and “non economic” components for payment purposes.

Why does the WTC-BP require claimants to file with the September 11th Victim Compensation Fund (VCF) before it will review my claim?

For WTC-BP purposes, the VCF has primacy over all claims related to participation in World Trade Center rescue, recovery or cleanup efforts in the immediate aftermath of the September 11, 2001, terrorist attacks.

The VCF recognizes a range of World Trade Center (WTC)-related health conditions as qualifying for compensation. These are defined and certified by the World Trade Center Health Program (WTCHP), which must first certify a condition as related to 9/11 exposure before the VCF can approve a claim.

Resolution of VCF claims not only ensure claimants receive no-cost treatment for certified World Trade Center-related health conditions through the WTCHP, it also ensures that the WTC-BP can accurately calculate awards that offset any VCF awards without inadvertently triggering a claw back (that is, taking back money that was already paid) provision under federal regulations 28 CFR § 104.63.

Note: The WTC-BP works closely with the VCF, and other award programs to ensure all awards are subject to collateral source offset disclosures to avoid triggering a claw back.

Note: Several qualifying conditions are recognized by the WTC-BP that are not recognized by the VCF. In these instances, the WTC-BP will review those claims without a final determination from the VCF. However, the WTC-BP cannot render an award determination until all qualifying conditions recognized by the VCF have been resolved.

What is a presumption?

When we say “presumption,” we mean something is assumed in the absence of proof to the contrary. If you are found permanently disabled from performing the duties of your position due to a qualifying condition, unless the contrary is proven by competent evidence, we can presume your ailment was the result of your participation in the World Trade Center site rescue, recovery or cleanup operations if:

1. You were a member of the New York Organized Milita that was activated on State Active Duty (SAD) on or after September 11, 2001; and
2. You took and passed a physical examination upon entry into SAD, which did not show any evidence of the qualifying condition; and
3. You worked at the World Trade Center site as defined by the WTC-BP.

I assisted in the recovery and cleanup operations, but I was stationed in various locations throughout the city. Am I eligible to take advantage of this presumption?

It depends where you were, because the law is very specific. To be eligible, you must have participated in rescue, recovery or cleanup operations during the first 48 hours after the first airplane crash or a total of 40 hours between September 11, 2001, and September 12, 2002, at one or more of the following locations, generally referred to as the “NYC Exposure Zone”:

1. The World Trade Center site (defined as the area below a line starting from the Hudson River and Canal Street bearing east on Canal Street to Pike Street, continuing south on Pike Street to the East River; and extending to the lower tip of Manhattan);
2. The New York City (NYC) morgue or any temporary morgue;
3. The Fresh Kills Landfill; and
4. On the barges that ran between Manhattan and the Fresh Kills Landfill.

You may also qualify if you repaired, cleaned or rehabilitated vehicles or equipment, owned by the New York Organized Militia, contaminated by debris, regardless of whether the work was done at one of the above locations.

If you have not already done so, DMNA strongly encourages you to assess your eligibility with our Eligibility Tool.

I am retired and have one of the qualifying conditions. If I die due to this condition, does this law provide any additional benefit to my beneficiary?

If you die within 25 years of your date of retirement and a valid World Trade Center notice was filed on or before September 11, 2026, eligible beneficiaries, as defined under DMNA Regulation 27-9 (9/11 Pension Eligibility), section 2-5, may be able to convert your performance of duty disability pension to a World Trade Center accidental death benefit.

Where can I get more information?

Email us using our Secure Contact Form to ask a question or request a call.