NY State Senate Bill 2015-S4487A

Senate Bill S4487A

2015-2016 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 01, 2016	referred to governmental employees delivered to assembly passed senate
May 23, 2016	ordered to third reading cal.991 committee discharged and committed to rules
Mar 10, 2016	print number 4487a
Mar 10, 2016	amend and recommit to civil service and pensions
Jan 06, 2016	referred to civil service and pensions returned to senate died in assembly
Jun 11, 2015	referred to governmental employees delivered to assembly passed senate
Jun 10, 2015	ordered to third reading cal.1462 committee discharged and committed to rules
Mar 24, 2015	referred to civil service and pensions

Votes

- Jun 1, 2016 - Floor Vote
  S4487A
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2016
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (3)
      
      Croci
      
      Diaz
      
      Panepinto
  Jun 11, 2015 - Floor Vote
  S4487A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 11, 2015
      
      aye (61)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Libous
  May 23, 2016 - Rules Committee Vote
  S4487A
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 23, 2016
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Perkins
      
      Robach
      
      Stewart-Cousins
      
      Valesky
      
      Young
  Jun 10, 2015 - Rules Committee Vote
  S4487A
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 10, 2015
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      excused (1)
      
      Perkins

Bill Amendments

Original

A (Active)

2015-S4487 - Details

See Assembly Version of this Bill:: A6560
Current Committee:: Assembly Governmental Employees
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6458
2017-2018: S5312, A7843

2015-S4487 - Summary

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

2015-S4487 - Sponsor Memo

                                 BILL NUMBER:  S4487

 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
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
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 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.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 $300,000. 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.

2015-S4487 - Bill Text download pdf

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

                                  4487

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 24, 2015
                               ___________

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02175-02-5

S. 4487                             2

  The cost of this benefit is equal to the increase in the present value
of  liabilities, which is estimated to be $300,000. This cost is contin-
gent upon the approval of James O'Connell's application  for  disability
retirement  by the Medical Board of the New York State Teachers' Retire-
ment 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 2015-10 dated March 6, 2015
prepared by the Actuary of  the  New  York  State  Teachers'  Retirement
System and is intended for use only during the 2015 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.

2015-S4487A (ACTIVE) - Details

See Assembly Version of this Bill:: A6560
Current Committee:: Assembly Governmental Employees
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6458
2017-2018: S5312, A7843

2015-S4487A (ACTIVE) - Summary

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

2015-S4487A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4487A

 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
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 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.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 $330,000. 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.

2015-S4487A (ACTIVE) - Bill Text download pdf

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

                                 4487--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 24, 2015
                               ___________

Introduced  by  Sen. BONACIC -- 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.
  S 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.
  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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02175-03-6

S. 4487--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  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 $330,000. This cost is  contin-
gent  upon  the approval of James O'Connell's application for disability
retirement by the Medical Board of the New York State Teachers'  Retire-
ment 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 2016-18 dated March 8, 2016
prepared by the Actuary of  the  New  York  State  Teachers'  Retirement
System and is intended for use only during the 2016 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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