NY State Senate Bill 2017-S5312

Senate Bill S5312

2017-2018 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 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2018	print number 5312a
Jan 04, 2018	amend and recommit to civil service and pensions
Jan 03, 2018	referred to civil service and pensions returned to senate died in assembly
Jun 19, 2017	referred to governmental employees delivered to assembly passed senate
Jun 05, 2017	ordered to third reading cal.1483 committee discharged and committed to rules
Mar 20, 2017	referred to civil service and pensions

Votes

- Jun 19, 2017 - Floor Vote
  S5312
  
  60
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2017
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (2)
      
      DeFrancisco
      
      Funke
      
      excused (1)
      
      Serrano
  Jun 5, 2017 - Rules Committee Vote
  S5312
  
  22
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 5, 2017
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Krueger
      
      Ranzenhofer
      
      excused (1)
      
      Parker

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S5312 - Details

See Assembly Version of this Bill:: A7843
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6458
2015-2016: S4487, A6560

2017-S5312 - Summary

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

2017-S5312 - Sponsor Memo

                                 BILL NUMBER:  S5312

 TITLE OF BILL :  An act to authorize the New York state teachers'
retirement 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
employers of members of 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 debilitating 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
application with the New York State Teachers Retirement System until
September 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 application for a disability retirement considered by the
Teachers Retirement System. It is important to note that it does make
a determination whether he will receive such a benefit, but rather
that his application be considered.

 PRIOR LEGISLATIVE HISTORY :

S.4487-A of 2016: Passed Senate, Died in Assembly Governmental
Employees
S.4487 of 2015: Passed Senate, Died in Assembly Governmental Employees
S.6458 of 2014: Passed Senate, Died in Assembly Governmental Employees
A.7711 of 2013: Died in Assembly Governmental 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 $350,000. 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.

2017-S5312 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5312
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2017
                                ___________
 
 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.
   §  2.  All  costs incurred in implementing the provisions of this act,
 shall be borne by the employers of members of the New York state  teach-
 ers' retirement system.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04131-02-7

 S. 5312                             2
 
 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 $350,000. This cost is to be
 borne by the employers of  members  of  the  New  York  State  Teachers'
 Retirement   System  and  is  contingent  upon  the  approval  of  James
 O'Connell's application for disability retirement by the  Medical  Board
 of the New York State Teachers' Retirement System.
   Employee  data  is  from  the System's most recent actuarial valuation
 files, consisting of data provided by the employers  to  the  Retirement
 System.  Data  distributions and statistics can be found in the System's
 Comprehensive Annual Financial  Report  (CAFR).  System  assets  are  as
 reported  in the System's financial statements, and can also be found in
 the CAFR. Actuarial assumptions and methods are provided in the System's
 Actuarial Valuation Report.
   The source of this estimate is Fiscal Note 2017-9 dated March 15, 2017
 prepared by the Actuary of  the  New  York  State  Teachers'  Retirement
 System and is intended for use only during the 2017 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.

co-Sponsors

2017-S5312A (ACTIVE) - Details

See Assembly Version of this Bill:: A7843
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6458
2015-2016: S4487, A6560

2017-S5312A (ACTIVE) - Summary

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

2017-S5312A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5312A

SPONSOR: BONACIC
 
TITLE OF BILL:

An act to authorize the New York state teachers' retirement 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
employers of members of 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 recon-
structive 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 frag-
ments from his spinal cord. The delayed surgery resulted in further
complications. Recovery was initially favorable, yet debilitating 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 September
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:

S.5312 of 2017: Passed Senate, Died in Assembly Governmental Employees
S.4487-A of 2016: Passed Senate, Died in Assembly Governmental Employees
S.4487 of 2015: Passed Senate, Died in Assembly Governmental Employees
S.6458 of 2014: Passed Senate, Died in Assembly Governmental Employees
A.7711 of 2013: Died in Assembly Governmental 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 $370,000. 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.

2017-S5312A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5312--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2017
                                ___________
 
 Introduced  by  Sens.  BONACIC, DILAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Civil Service and
   Pensions -- recommitted to the Committee on Civil Service and Pensions
   in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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.
   § 2. All costs incurred in implementing the provisions  of  this  act,
 shall  be borne by the employers of members of the New York state teach-
 ers' retirement system.
   § 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04131-03-7

 S. 5312--A                          2
 
 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 to apply for a service retirement bene-
 fit commencing on May 9, 2018.
   The cost of this benefit is equal to the increase in the present value
 of  liabilities,  which  is estimated to be $370,000. This cost is to be
 borne by the employers of  members  of  the  New  York  State  Teachers'
 Retirement   System  and  is  contingent  upon  the  approval  of  James
 O'Connell's application for disability retirement by the  Medical  Board
 of the New York State Teachers' Retirement System.
   Member  data  is  from  the  System's  most recent actuarial valuation
 files, consisting of data provided by the employers  to  the  Retirement
 System.   Data distributions and statistics can be found in the System's
 Comprehensive Annual Financial  Report  (CAFR).  System  assets  are  as
 reported  in the System's financial statements, and can also be found in
 the CAFR. Actuarial assumptions and methods are provided in the System's
 Actuarial Valuation Report.
   The source of this estimate is Fiscal Note 2018-3 dated  November  29,
 2017  prepared by the Actuary of the New York State Teachers' Retirement
 System and is intended for use only during the 2018 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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Senate Bill S5312

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Sponsored By

John J. Bonacic

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

Bill Amendments

co-Sponsors

Martin Malavé Dilan

2017-S5312 - Details

2017-S5312 - Summary

2017-S5312 - Sponsor Memo

2017-S5312 - Bill Text download pdf

co-Sponsors

Martin Malavé Dilan

2017-S5312A (ACTIVE) - Details

2017-S5312A (ACTIVE) - Summary

2017-S5312A (ACTIVE) - Sponsor Memo

2017-S5312A (ACTIVE) - Bill Text download pdf

Comments