NY State Senate Bill 2013-S6458

Senate Bill S6458

2013-2014 Legislative Session

Authorizes the New York state teachers' retirement system to accept an application for disability retirement benefits from James O'Connell

download bill text pdf

Archive: Last Bill Status - In Assembly 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2014	referred to governmental employees delivered to assembly passed senate ordered to third reading cal.1576 committee discharged and committed to rules
Jan 27, 2014	referred to civil service and pensions

Votes

- Jun 18, 2014 - Floor Vote
  S6458
  
  58
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2014
      
      aye (58)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (1)
      
      Gipson
      
      excused (2)
      
      Espaillat
      
      Golden
  Jun 18, 2014 - Rules Committee Vote
  S6458
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2014
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      excused (1)
      
      Espaillat

2013-S6458 (ACTIVE) - Details

See Assembly Version of this Bill:: A9174
Current Committee:: Assembly Governmental Employees
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4487
2017-2018: S5312

2013-S6458 (ACTIVE) - Summary

Authorizes the New York state teachers' retirement system to accept an application for disability retirement benefits from James O'Connell.

2013-S6458 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6458

TITLE OF BILL:  An act to authorize the New York state teachers' retire-
ment system to accept an application for disability retirement benefits
from James O'Connell

PURPOSE OR GENERAL IDEA OF BILL:  This bill allows James O'Connell to
apply for a disability retirement from the Teachers' Retirement System.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Authorizes the Teachers' Retirement System to accept the
disability retirement application of James O'Connell, who for reasons
not ascribable to his own negligence, failed to apply for such benefit
in a timely manner.

Section 2: Provides that all costs associated shall be borne by the
Teachers' Retirement System.

Section 3: Effective date.

JUSTIFICATION:  James O'Connell sustained injuries as a result of two
separate assaults in 1993 and 1996 while he was employed by the Goshen
Secure Center. He sustained injuries to his neck, back, and shoulder and
underwent reconstructive surgery on his left shoulder. In 1997, Mr.
O'Connell began employment with the Port Jervis City School District.

From this time until his position was eliminated on August 31, 2008 due
to budget cuts, his condition deteriorated significantly. After months
of awaiting a decision on his Workers Compensation claim, Mr.  O'Connell
underwent emergency surgery, on February 26, 2009, to remove extruded
disc fragments from his spinal cord. The delayed surgery resulted in
further complications. Recovery was initially favorable, yet debilitat-
ing scar tissue began forming in August of 2009. On September 2, 2009,
James' doctor diagnosed him with permanent 100% disability.

Due to his medical condition and for reasons not ascribable to his own
negligence, Mr. O'Connell did not file a disability retirement applica-
tion with the New York State Teachers Retirement System until Sept, 14,
2009. This was 15 days after the one-year statutory deadline. This
legislation seeks to afford Mr. O'Connell the ability to have his appli-
cation for a disability retirement considered by the Teachers Retirement
System. It is important to note that it does make a determination wheth-
er he will receive such a benefit, but rather that his application be
considered.

PRIOR LEGISLATIVE HISTORY:  A.7711 of 2013: Died in Assembly Govern-
mental Employees

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  The cost of this
benefit is equal to the increase in present value of liabilities, which
is estimated to be $270,000. This cost is contingent upon approval of

James O'Connell's application for disability retirement by the Medical
Board of the New York State Teachers' Retirement System.

EFFECTIVE DATE:  This act shall take effect immediately.

2013-S6458 (ACTIVE) - Bill Text download pdf

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

                                  6458

                            I N  S E N A T E

                            January 27, 2014
                               ___________

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

AN ACT to authorize the New York state teachers'  retirement  system  to
  accept  an  application  for disability retirement benefits from James
  O'Connell

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Notwithstanding any other provision of law to the contrary,
the  application  for disability retirement benefits of James O'Connell,
who was employed as principal by the Port Jervis  city  school  district
and  a  member  of  the  New York state teachers' retirement system, who
ceased his employment with the  Port  Jervis  city  school  district  on
August  31,  2008, and who, for reasons not ascribable to his own negli-
gence, did not apply to the New York state teachers'  retirement  system
for  disability  retirement  benefits until September 14, 2009, shall be
deemed to have applied to the New York state teachers' retirement system
for disability retirement benefits within 30 days of his ceasing  to  be
employed on August 31, 2008.
  S  2.  All  costs incurred in implementing the provisions of this act,
shall be borne by 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 concerns James O'Connell, a vested member of  the  New  York
State Teachers' Retirement System who ceased his employment as a teacher
with  the  Port  Jervis City School District on August 31, 2008, and did
not apply for disability retirement benefits until September  14,  2009,
after the 12 month deadline to apply for disability had lapsed. He shall
be  deemed  to have applied for disability retirement benefits within 30
days of ceasing his employment on August 31, 2008. Currently as a vested
member Mr. O'Connell  is  eligible  for  a  service  retirement  benefit
commencing at age 55.
  The cost of this benefit is equal to the increase in the present value
of  liabilities, which is estimated to be $270,000. This cost is contin-
gent upon the approval of James O'Connell's application  for  disability

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD09385-03-4

S. 6458                             2

retirement  by the Medical Board of the New York State Teachers' Retire-
ment System.
  The  source  of  this estimate is Fiscal Note 2014-9 dated January 21,
2014 prepared by the Actuary of the New York State Teachers'  Retirement
System and is intended for use only during the 2014 Legislative Session.
I,  Richard  A.  Young,  am the Actuary for the New York State Teachers'
Retirement System. I am a member of the American  Academy  of  Actuaries
and  I meet the Qualification Standards of the American Academy of Actu-
aries to render the actuarial opinion contained herein.

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