NY State Senate Bill 2009-S4409

Senate Bill S4409

2009-2010 Legislative Session

Provides that the disability retirement of Elizabeth Mockler shall be calculated using a final average salary which is not subject to limitation

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to civil service and pensions
Apr 23, 2009	referred to civil service and pensions

2009-S4409 (ACTIVE) - Details

See Assembly Version of this Bill:: A8189
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement

2009-S4409 (ACTIVE) - Summary

Provides that the disability retirement of Elizabeth Mockler shall be calculated using a final average salary which is not subject to limitation.

2009-S4409 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4409

 TITLE OF BILL :
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


 PURPOSE :
To allow the disability retirement of Elizabeth Mockler to be
calculated using a final average salary which is not subject to
limitation based upon the 10% rule set forth in sections 512 and 608
of the Retirement and Social Security Law.

 SUMMARY OF PROVISIONS :
Exempts Elizabeth Mockler from the income limitations established
under sections 512 and 608 of the Retirement and Social Security Law
in her application for a disability retirement.

 EXISTING LAW :
Sections 512 and 608 of the Retirement and Social Security Law would
apply a 10% limitation on the final average salary used to calculate
disability retirement benefits for Elizabeth Mockler.

 JUSTIFICATION :

Elizabeth Mockler began working as a Child Abuse Investigator for
Suffolk County on December 29, 1977. She also worked for Stonybrook
University as an operating room administrator. Ms.  Mockler, while
working full time obtained a masters degree in education that allowed
her to work for many years with the Islip School District.  She
intended to work into her 60's but tragically was diagnosed with a
rare form of lung cancer unrelated to smoking. Due to the cancer, she
became disabled and retired with a disability retirement in February,
2006. However, upon application for retirement, it was discovered that
Ms. Mockler's disability retirement benefits would be reduced
considerably under sections 512 and 608 of the Retirement and Social
Security Law because a 3-year Final Average Salary for members of Tier
3 & 4 cannot include yearly increases exceeding 10% of the average of
the previous two year's salaries.

Elizabeth Mockler intended to work for many more years as a teacher
but her efforts were cut short by health issues related to the cancer
she is battling. This bill would undo a severe financial hardship to
Elizabeth Mockler and her family if sections 512 and 608 continue to
apply to her case.

 LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :
See bill.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S4409 (ACTIVE) - Bill Text download pdf

                            
                    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.

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