senate Bill S5816

Authorizes the recalculation of James Mallan's benefit for disability purposes

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 17 / Jun / 2013
    • REFERRED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS

Summary

Grants James Mallan an increase in his disability retirement based on his final average salary.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A5935A
Versions:
S5816
Legislative Cycle:
2013-2014
Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement

Sponsor Memo

BILL NUMBER:S5816

TITLE OF BILL: An act in relation to authorizing James Mallan to
apply for an increase in his disability pension

PURPOSE: To allow James Mallan to have his retirement benefits
calculated based on his final average salary at the time of his
application for disability retirement benefits on February 28, 2008.

SUMMARY OF PROVISIONS:

Section 1 provides that notwithstanding any provision of law to the
contrary, James Mallan shall have his retirement benefits calculated
based on his final average salary at the time of his application for
disability retirement benefits on February 28, 2008, if he shall file
an application therefor with the state comptroller on or before
December 31, 2013.

JUSTIFICATION: James Mallan commenced employment with the New York
State Department of Correctional Services on May 30, 1988. Through no
negligence of his own he was disabled while completing training at the
Correctional Services Training Academy on June 29, 1988. He was
granted a disability retirement in April 1990 at one-third of his
final salary. James Mallan was reinstated by the Department
Correctional Services in 1992 and then again in 1997. Each time his
service ended because of injuries. This bill would allow his
retirement benefits to be calculated based on his final average salary
at the time of his application for disability retirement benefits on
February 28, 2008, if he shall file an application therefor with the
state comptroller on or before December 31, 2013.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Pursuant to Fiscal Note #2013-157 dated May 23,
2013 provided by the New York State and Local Retirement Systems which
is attached it is anticipated that this bill will have a past service
cost of approximately ΒΆ141,000.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5816

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT in relation to authorizing James Mallan to apply for an  increase
  in his disability pension

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Notwithstanding any provision of law to the contrary, James
Mallan who commenced employment with the state department of correction-
al services on May 30, 1988, and who through no negligence  of  his  own
was  disabled  while  completing his training at the academy on June 29,
1988 and who was granted disability retirement in  April  1990  at  one-
third  of  his final salary, and who was reinstated by the state depart-
ment of corrections and community supervision, shall have his retirement
benefits calculated based on his final average salary at the time of his
application for disability retirement benefits on February 28, 2008,  if
he  shall  file an application therefor with the state comptroller on or
before December 31, 2013.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.-- This bill  will  deem  James  T.  Mallan,  currently  a
Section  507-a  disability retiree receiving an annual benefit of 1/3 of
final average salary earned as of  April,  1990,  to  have  his  pension
recalculated  based  on his final average salary with the New York State
Department of Correctional Services earned as of February, 2008.
  If this bill is enacted, we anticipate  that  there  will  be  a  past
service  cost of approximately $141,000 which will be borne by the State
of New York and all the participating employers in the  New  York  State
and Local Employees' Retirement System.
  Summary of relevant resources:
  Data:  March  31,  2012  Actuarial Year End File with distributions of
membership and other statistics displayed in  the  2012  Report  of  the
Actuary and 2012 Comprehensive Annual Financial Report.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10707-02-3

S. 5816                             2

  Assumptions  and  Methods:  2010,  2011  and 2012 Annual Report to the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
  Market  Assets and GASB Disclosures: March 31, 2012 New York State and
Local Retirement System Financial Statements and Supplementary  Informa-
tion.
  Valuations  of Benefit Liabilities and Actuarial Assets: summarized in
the 2012 Actuarial Valuations report.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
  This estimate, dated May 23, 2013 and intended for use only during the
2013 Legislative Session, is Fiscal Note No. 2013-157, prepared  by  the
Actuary for the New York State and Local Employees' Retirement System.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.