Bill S5816-2013

Authorizes the recalculation of James Mallan's benefit for disability purposes

Grants James Mallan an increase in his disability retirement based on his final average salary.

Details

Actions

  • Jan 8, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS
  • Jun 17, 2013: REFERRED TO RULES

Memo

BILL NUMBER:S5816

TITLE OF BILL: An act in relation to authorizing James Mallan to apply for an increase in his disability pension

PURPOSE: To allow James Mallan to 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.

SUMMARY OF PROVISIONS:

Section 1 provides that notwithstanding any provision of law to the contrary, James Mallan 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, 2013.

JUSTIFICATION: James Mallan commenced employment with the New York State Department of Correctional Services on May 30, 1988. Through no negligence of his own he was disabled while completing training at the Correctional Services Training Academy on June 29, 1988. He was granted a disability retirement in April 1990 at one-third of his final salary. James Mallan was reinstated by the Department Correctional Services in 1992 and then again in 1997. Each time his service ended because of injuries. This bill would allow his retirement benefits to be 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, 2013.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Pursuant to Fiscal Note #2013-157 dated May 23, 2013 provided by the New York State and Local Retirement Systems which is attached it is anticipated that this bill will have a past service cost of approximately ΒΆ141,000.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5816 2013-2014 Regular Sessions IN SENATE June 17, 2013 ___________
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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, 2013. S 2. This act shall take effect immediately. FISCAL NOTE.-- This bill will deem James T. Mallan, currently a Section 507-a disability retiree receiving an annual benefit of 1/3 of final average salary earned as of April, 1990, to have his pension recalculated based on his final average salary with the New York State Department of Correctional Services earned as of February, 2008. If this bill is enacted, we anticipate that there will be a past service cost of approximately $141,000 which will be borne by the State of New York and all the participating employers in the New York State and Local Employees' Retirement System. Summary of relevant resources: Data: March 31, 2012 Actuarial Year End File with distributions of membership and other statistics displayed in the 2012 Report of the Actuary and 2012 Comprehensive Annual Financial Report.

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