Bill Text: NY S08380 | 2019-2020 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-05-20 - REFERRED TO CIVIL SERVICE AND PENSIONS [S08380 Detail]

Download: New_York-2019-S08380-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8380

                    IN SENATE

                                      May 20, 2020
                                       ___________

        Introduced  by  Sen.  ROBACH -- 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  on  or  before December 31, 2021, he files a written request
    13  with the state comptroller to such effect.
    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. Mr. 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 2020 legislative session,
        there will be an immediate past service cost of approximately  $247,000.
        This  estimated cost assumes that the ERS will approve Mr. McTammany for
        the accidental disability retirement after he reapplies pursuant to this
        legislation. It also assumes that his increased benefit will be retroac-
        tive 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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15810-02-0

        S. 8380                             2

          Summary of relevant resources:
          The  membership  data  used  in  measuring  the impact of the proposed
        change was the same as that used in the March 31, 2019  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2019
        Report of the  Actuary  and  the  2019  Comprehensive  Annual  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2015,
        2016, 2017, 2018, and 2019 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, 2019
        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 14, 2020, and intended for  use  only  during
        the  2020  Legislative Session, is Fiscal Note No. 2020-110, prepared by
        the Actuary for the New York State and Local Retirement System.
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