S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6669--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2021
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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 James E. McTammany to receive an accidental disabil-
   ity retirement
 
   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,  James  E.
 McTammany,  who was employed by the town of Greece from January 24, 1974
 until September 15, 1991 and for the office of emergency  communications
 for  the  city of Rochester from September 16, 1991 until July 25, 1995,
 and who was critically injured in September 1994 as a result of an inju-
 ry on the job and was unable to return to work after  surgery  in  March
 1995,  and  who  was denied an accidental disability retirement from the
 New York state and local retirement system, and who, as of the effective
 date of this act, is on regular service disability or receiving an ordi-
 nary disability benefit, shall be entitled to reapply for an  accidental
 disability  retirement  from  the  New  York  state and local retirement
 system if, within one year of the effective date of this act,  he  shall
 file a written request with the state comptroller.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would allow James E. McTammany, an ordinary disability reti-
 ree  in  the  New  York  State  and  Local  Employees' Retirement System
 (NYSLERS), to reapply for an  accidental  disability  retirement.  James
 McTammany  was  previously denied the accidental disability in 1995, and
 this decision was upheld at a hearing in 1997.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10931-03-2
 S. 6669--A                          2
              

 
   If this bill is enacted during the  2022  legislative  session,  there
 will  be  an immediate past service cost of approximately $261,000. This
 estimated cost assumes that the NYSLERS will approve James McTammany for
 the accidental disability retirement after he reapplies pursuant to this
 legislation. It also assumes that his increased benefit will be retroac-
 tive  to  his  ordinary disability date of retirement. The cost would be
 shared by the State of New York and all of the  participating  employers
 in the NYSLERS.
   Summary of relevant resources:
   Membership  data as of March 31, 2021 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2021 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2021  Report  of the Actuary and the 2021 Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2020
 and  2021 Annual Report to the Comptroller on Actuarial Assumptions, and
 the Codes, Rules and Regulations of the State of  New  York:  Audit  and
 Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2021
 New  York  State  and  Local  Retirement System Financial Statements and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This fiscal note does not constitute a legal opinion on the  viability
 of  the  proposed change nor is it intended to serve as a substitute for
 the professional judgment of an attorney.
   This estimate, dated January 21,  2022,  and  intended  for  use  only
 during  the  2022  Legislative  Session,  is  Fiscal  Note  No. 2022-63,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.