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