S T A T E   O F   N E W   Y O R K
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                                  11573

                          I N  A S S E M B L Y

                              June 28, 2010
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Russell) --
  read once and referred to the Committee on Governmental Employees

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 correctional services from January 27,  1992  through  June  20,
1994  and  who  continued  to receive disability retirement, and who was
reinstated by the state department of correctional services on July  28,
1997  and  who  received performance related injuries on January 6, 2002
and January 26, 2005 while assisting another officer in  controlling  an
inmate, shall be deemed a member of the New York state retirement system
at  the  time  of  his application for disability retirement benefits on
February 28, 2008 and shall be deemed to be permanently  disabled  after
the effective date of chapter 722 of the laws of 1996 for the purpose of
increasing  James  Mallan's  disability  pension to that provided for in
such chapter, based upon his final average salary, if he shall  file  an
application  therefor  with  the state comptroller on or before December
31, 2010.
  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,  to  have been a member of the New York State and Local
Employees' Retirement System on February 28,  2008, and to  be  eligible
for  a  Section  507-b  in-performance-of-duty disability retirement, an
annual benefit of 75% of final average salary.
  If this bill is enacted, we anticipate  that  there  will  be  a  past
service  cost of approximately $300,000 which will be borne by the State

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

                                                           LBD17661-02-0

A. 11573                            2

of New York and all the participating employers in the  New  York  State
and Local Employees' Retirement System. This cost will be reduced by the
value of any Workers' Compensation payments Mr. Mallan may receive.
  This  estimate,  dated  June 24, 2010 and intended for use only during
the 2010 Legislative Session, is Fiscal Note No. 2010-175,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.