Bill Text: NY S06669 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes James E. McTammany to receive an accidental disability retirement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-03-01 - PRINT NUMBER 6669A [S06669 Detail]

Download: New_York-2021-S06669-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6669

                               2021-2022 Regular Sessions

                    IN SENATE

                                      May 11, 2021
                                       ___________

        Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions

        AN ACT to authorize James E. McTammany to receive an accidental disabil-
          ity retirement

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Notwithstanding  any  other  provision  of  law, James E.
     2  McTammany, who was employed by the town of Greece from January 24,  1974
     3  until  September 15, 1991 and for the office of emergency communications
     4  for the city of Rochester from September 16, 1991 until July  25,  1995,
     5  and who was critically injured in September 1994 as a result of an inju-
     6  ry  on  the  job and was unable to return to work after surgery in March
     7  1995, and who was denied an accidental disability  retirement  from  the
     8  New York state and local retirement system, and who, as of the effective
     9  date of this act, is on regular service disability or receiving an ordi-
    10  nary  disability benefit, shall be entitled to reapply for an accidental
    11  disability retirement from the  New  York  state  and  local  retirement
    12  system  if,  within one year of the effective date of this act, he shall
    13  file a written request with the state comptroller.
    14    § 2. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would allow James E. McTammany, an ordinary disability reti-
        ree in the New York State and Local Employees' Retirement System  (ERS),
        to  reapply for an accidental disability retirement. James McTammany was
        previously denied the accidental disability in 1995, and  this  decision
        was upheld at a hearing in 1997.
          If  this  legislation  is enacted during the 2021 legislative session,
        there will be an immediate past service cost of approximately  $253,000.
        This  estimated  cost  assumes that the ERS will approve James McTammany
        for the accidental disability retirement after he reapplies pursuant  to
        this  legislation.  It  also  assumes that his increased benefit will be

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10931-02-1
        S. 6669                             2

        retroactive to his ordinary disability  date  of  retirement.  The  cost
        would  be  shared  by the State of New York and all of the participating
        employers in the ERS.
          Summary of relevant resources:
          Membership  data as of March 31, 2020 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2020 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2020  Report  of the Actuary and the 2020 Comprehensive Annual Financial
        Report.
          The actuarial assumptions and methods used are described in  the  2020
        Annual  Report  to  the  Comptroller  on  Actuarial Assumptions, and the
        Codes, Rules and Regulations  of  the  State  of  New  York:  Audit  and
        Control.
          The Market Assets and GASB Disclosures are found in the March 31, 2020
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This fiscal note does not constitute a legal opinion on the  viability
        of  the  proposed change nor is it intended to serve as a substitute for
        the professional judgment of an attorney.
          This estimate, dated May 7, 2021, and intended for use only during the
        2021 Legislative Session, is Fiscal Note No. 2021-129, prepared  by  the
        Actuary for the New York State and Local Retirement System.