Bill Text: NY S04137 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CIVIL SERVICE AND PENSIONS [S04137 Detail]

Download: New_York-2023-S04137-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4137

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 3, 2023
                                       ___________

        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
        (NYSLERS),  to reapply for an accidental disability retirement. James E.
        McTammany was previously denied the accidental disability in  1995,  and
        this decision was upheld at a hearing in 1997.
          If  this  bill  is  enacted during the 2023 legislative session, there
        will be an immediate past service cost of approximately  $266,000  which
        will  be shared by the State of New York and all participating employers
        in the NYSLERS.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02548-02-3
        S. 4137                             2

          This estimate assumes that the NYSLERS will approve James E. McTammany
        for the accidental disability retirement after they reapply pursuant  to
        this legislation.  This estimate also assumes that the increased benefit
        will  be retroactive to James E. McTammany's ordinary disability date of
        retirement.
          Summary of relevant resources:
          Membership  data as of March 31, 2022 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2022 actuari-
        al valuation.  Distributions and other statistics can be  found  in  the
        2022  Report  of the Actuary and the 2022 Annual Comprehensive Financial
        Report.
          The actuarial assumptions and methods used are described in the  2020,
        2021,  and  2022  Annual  Report to the Comptroller on Actuarial Assump-
        tions, 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, 2022
        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 January 27,  2023,  and  intended  for  use  only
        during  the  2023  Legislative  Session,  is  Fiscal  Note  No. 2023-37,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.