S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3409
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. CLARK -- read once and referred to the Committee
   on Governmental Employees
 
 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 E.
 McTammany was previously denied the accidental disability in  1995,  and
 this decision was upheld at a hearing in 1997.
   If  this  bill  is  enacted during the 2023 legislative session, there
 will be an immediate past service cost of approximately  $266,000  which
 will  be shared by the State of New York and all participating employers
 in the NYSLERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02548-02-3
 A. 3409                             2
              

 
   This estimate assumes that the NYSLERS will approve James E. McTammany
 for the accidental disability retirement after they reapply pursuant  to
 this legislation.  This estimate also assumes that the increased benefit
 will  be retroactive to James E. McTammany's ordinary disability date of
 retirement.
   Summary of relevant resources:
   Membership  data as of March 31, 2022 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2022 actuari-
 al valuation.  Distributions and other statistics can be  found  in  the
 2022  Report  of the Actuary and the 2022 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in the  2020,
 2021,  and  2022  Annual  Report to the Comptroller on Actuarial Assump-
 tions, 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, 2022
 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 27,  2023,  and  intended  for  use  only
 during  the  2023  Legislative  Session,  is  Fiscal  Note  No. 2023-37,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.