S T A T E O F N E W Y O R K
________________________________________________________________________
5935
2013-2014 Regular Sessions
I N A S S E M B L Y
March 8, 2013
___________
Introduced by M. of A. RUSSELL -- read once and referred to the Commit-
tee on Governmental Employees
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 correctional services from January 27, 1992 through June 20,
1994 and who continued to receive disability retirement, and who was
reinstated by the state department of correctional services on July 28,
1997 and who received performance related injuries on January 6, 2002
and January 26, 2005 while assisting another officer in controlling an
inmate, shall be deemed a member of the New York state retirement system
at the time of his application for disability retirement benefits on
February 28, 2008 and shall be deemed to be permanently disabled after
the effective date of chapter 722 of the laws of 1996 for the purpose of
increasing James Mallan's disability pension to that provided for in
such chapter, based upon his final average salary, 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.--Pursuant to Legislative Law, Section 50:
This bill will deem James T. Mallan, currently a Section 507-a disa-
bility retiree receiving an annual benefit of 1/3 of final average sala-
ry, to have been a member of the New York State and Local Employees'
Retirement System on February 28, 2008, and to be eligible for a S.507-b
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08929-02-3
A. 5935 2
disability pension with a 75% of a final average salary based on his
salary earned with the New York State Department of Correctional
Services as of February 28, 2008.
If this bill is enacted, we anticipate that there will be a past
service cost of approximately $401,000 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.
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 March 7, 2013 and intended for use only during
the 2013 Legislative Session, is Fiscal No. 2013-95, prepared by the
Actuary for the New York State and Local Employees' Retirement System.