Bill S6458-2013

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

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

Details

Actions

  • Jun 18, 2014: referred to governmental employees
  • Jun 18, 2014: DELIVERED TO ASSEMBLY
  • Jun 18, 2014: PASSED SENATE
  • Jun 18, 2014: ORDERED TO THIRD READING CAL.1576
  • Jun 18, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jan 27, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS

Meetings

Calendars

Votes

Memo

BILL NUMBER:S6458

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: 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 $270,000. 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 6458 IN SENATE January 27, 2014 ___________
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. The cost of this benefit is equal to the increase in the present value of liabilities, which is estimated to be $270,000. This cost is contin- gent upon the approval of James O'Connell's application for disability

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus