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.