Bill Text: NY A08189 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides that the disability retirement of Elizabeth Mockler shall be calculated using a final average salary which is not subject to limitation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-05-18 - held for consideration in governmental employees [A08189 Detail]

Download: New_York-2009-A08189-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8189
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 7, 2009
                                      ___________
       Introduced  by M. of A. BOYLE -- read once and referred to the Committee
         on Governmental Employees
       AN ACT to authorize Elizabeth Mockler to have her disability  retirement
         benefits  calculated  based  upon  a final average salary which is not
         reduced due to the salary during one year which  exceeds  10%  of  the
         other two years of salary
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Notwithstanding  the  provisions  of  section  512  of  the
    2  retirement  and  social security law, the disability retirement benefits
    3  of Elizabeth Mockler, a retired member of the New York  state  teachers'
    4  retirement  system, who retired with a disability retirement in February
    5  2006, shall be recalculated as of the date of her retirement by using  a
    6  final  average salary, computed using her highest average annual compen-
    7  sation earned during any three consecutive years of member  service  for
    8  which  she  is  credited, without regard to the ten percent compensation
    9  limit referred to in sections 512 and 608 of the retirement  and  social
   10  security law.
   11    S  2.  All  costs  incurred as the result of the implementation of the
   12  provisions of this act shall be borne by the employers of members of the
   13  New York state teachers' retirement system.
   14    S 3. This act shall take effect immediately.
         FISCAL NOTE.--Pursuant to Legislative Law, section 50:
         This bill would allow Elizabeth Mockler, a retired member  and  former
       Tier  3 member of the New York State Teachers' Retirement System, to use
       the highest average annual compensation for any three consecutive  years
       of member service for which she is credited in computing her final aver-
       age  salary  for her disability retirement benefit without regard to the
       10% compensation limit required by Retirement and  Social  Security  Law
       Section 512 and Section 608. Ms. Mockler's pension would be recalculated
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06102-02-9
       A. 8189                             2
       prospectively and with retroactive adjustment to payments made since her
       date of retirement of February 27, 2006.
         The cost of this benefit is equal to the increase in the present value
       of liabilities, which is estimated to be $34,000.
         The source of this estimate is Fiscal Note 200949 dated April 21, 2009
       prepared  by  the  Actuary  of  the  New York State Teachers' Retirement
       System and is intended for use only during the 2009 Legislative Session.