S T A T E O F N E W Y O R K
________________________________________________________________________
8052--A
2021-2022 Regular Sessions
I N A S S E M B L Y
June 11, 2021
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Governmental Employees -- recommitted to the Committee on Govern-
mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
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, within one year of the effective date of this act, he shall
file a written request with the state comptroller.
§ 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
(NYSLERS), to reapply for an accidental disability retirement. James
McTammany was previously denied the accidental disability in 1995, and
this decision was upheld at a hearing in 1997.
If this bill is enacted during the 2022 legislative session, there
will be an immediate past service cost of approximately $261,000. This
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10931-04-2
A. 8052--A 2
estimated cost assumes that the NYSLERS will approve James 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 NYSLERS.
Summary of relevant resources:
Membership data as of March 31, 2021 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2021 actuari-
al valuation. Distributions and other statistics can be found in the
2021 Report of the Actuary and the 2021 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2020
and 2021 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, 2021
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 January 21, 2022, and intended for use only
during the 2022 Legislative Session, is Fiscal Note No. 2022-63,
prepared by the Actuary for the New York State and Local Retirement
System.