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

                                  9174

                          I N  A S S E M B L Y

                             March 26, 2014
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Governmental Employees

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

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

                                                           LBD09385-03-4

A. 9174                             2

retirement  by the Medical Board of the New York State Teachers' Retire-
ment System.
  The  source  of  this estimate is Fiscal Note 2014-9 dated January 21,
2014 prepared by the Actuary of the New York State Teachers'  Retirement
System and is intended for use only during the 2014 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.