S T A T E   O F   N E W   Y O R K
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                                 4292--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced  by  Sen. RITCHIE -- 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 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 corrections and community supervision, shall have his retirement
benefits calculated based on his final average salary at the time of his
application  for disability retirement benefits on February 28, 2008, if
he shall file an application therefor with the state comptroller  on  or
before December 31, 2016.
  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 earned as of April, 1990, to have his pension recalculated  based  on
his  final  average salary with the New York State Department of Correc-
tional Services earned as of February, 2008.
  If this bill is enacted, we anticipate that there will be  a  one-time
cost  of approximately $191,000 which will be shared by the State of New

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07644-05-6

              

S. 4292--A                          2

York and all participating employers in the New  York  State  and  Local
Employees' Retirement System.
  Summary of relevant sources:
  The  membership  data  used  in  measuring  the impact of the proposed
change was the same as that used in the March 31, 2015  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2015
report of the  Actuary  and  the  2015  Comprehensive  Annual  Financial
Report.
  The  actuarial  assumptions and methods used are described in the 2015
Annual Report to the Comptroller on the Actuarial Assumptions,  and  the
Code Rules and Regulations of the State of New York: Audit Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2015
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 estimate, date March 4, 2016 and intended for use only during the
2016 Legislative Session, is Fiscal Note No. 2016-71,  prepared  by  the
Actuary for the New York State and Local Retirement System.