S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8380
 
                             I N  S E N A T E
 
                               May 20, 2020
                                ___________
 
 Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to authorize James E. McTammany to receive an accidental disabil-
   ity retirement
 
   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, James E.
 McTammany, who was employed by the town of Greece from January 24,  1974
 until  September 15, 1991 and for the office of emergency communications
 for the city of Rochester from September 16, 1991 until July  25,  1995,
 and who was critically injured in September 1994 as a result of an inju-
 ry  on  the  job and was unable to return to work after surgery in March
 1995, and who was denied an accidental disability  retirement  from  the
 New York state and local retirement system, and who, as of the effective
 date of this act, is on regular service disability or receiving an ordi-
 nary  disability benefit, shall be entitled to reapply for an accidental
 disability retirement from the  New  York  state  and  local  retirement
 system  if  on  or  before December 31, 2021, he files a written request
 with the state comptroller to such effect.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
   This bill would allow James E. McTammany, an ordinary disability reti-
 ree in the New York State and Local Employees' Retirement System  (ERS),
 to  reapply  for  an accidental disability retirement. Mr. McTammany was
 previously denied the accidental disability in 1995, and  this  decision
 was upheld at a hearing in 1997.
   If  this  legislation  is enacted during the 2020 legislative session,
 there will be an immediate past service cost of approximately  $247,000.
 This  estimated cost assumes that the ERS will approve Mr. McTammany for
 the accidental disability retirement after he reapplies pursuant to this
 legislation. It also assumes that his increased benefit will be retroac-
 tive to his ordinary disability date of retirement. The  cost  would  be
 shared  by  the State of New York and all of the participating employers
 in the ERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15810-02-0

 S. 8380                             2
 
   Summary of relevant resources:
   The  membership  data  used  in  measuring  the impact of the proposed
 change was the same as that used in the March 31, 2019  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2019
 Report of the  Actuary  and  the  2019  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, 2017, 2018, and 2019 Annual Report to the Comptroller on Actuarial
 Assumptions, and the Codes, Rules and Regulations of the  State  of  New
 York: Audit and Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2019
 New  York  State  and  Local  Retirement System Financial Statements and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This fiscal note does not constitute a legal opinion on the  viability
 of  the  proposed change nor is it intended to serve as a substitute for
 the professional judgment of an attorney.
   This estimate, dated May 14, 2020, and intended for  use  only  during
 the  2020  Legislative Session, is Fiscal Note No. 2020-110, prepared by
 the Actuary for the New York State and Local Retirement System.