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:
Section 1. Notwithstanding the provisions of section 512 of the
retirement and social security law, the disability retirement benefits
of Elizabeth Mockler, a retired member of the New York state teachers'
retirement system, who retired with a disability retirement in February
2006, shall be recalculated as of the date of her retirement by using a
final average salary, computed using her highest average annual compen-
sation earned during any three consecutive years of member service for
which she is credited, without regard to the ten percent compensation
limit referred to in sections 512 and 608 of the retirement and social
security law.
S 2. All costs incurred as the result of the implementation of the
provisions of this act shall be borne by the employers of members of the
New York state teachers' retirement system.
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.