Senate Bill S4409

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

                                  4409

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 23, 2009
                               ___________

Introduced  by  Sen.  O. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Civil  Service  and
  Pensions

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
              

S. 4409                             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.