NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3409
SPONSOR: Clark TITLE OF BILL:
An act to authorize James E. McTammany to receive an accidental disabil-
ity retirement
PURPOSE:
To allow Mr. McTammany to reapply for accidental disability from New
York State and local retirement system.
SUMMARY OF PROVISIONS:
Section 1: Allows Mr. McTammany to reapply
Section 2: Act shall take effect immediately
JUSTIFICATION:
Mr. McTammany was critically injured in September 1994 as a result of an
injury on the job 'and was unable to return to work after surgery in
March 1995, and was denied an accidental disability retirement from the
New York State and Local Retirement System. This bill will allow Mr.
McTammany to reapply for accidental disability.
PRIOR LEGISLATIVE HISTORY:
2021-22: A.8052-A (Clark) - Referred to Governmental Employees
FISCAL IMPLICATIONS:
See fiscal note
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
3409
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Notwithstanding any other provision of law, James E.
2 McTammany, who was employed by the town of Greece from January 24, 1974
3 until September 15, 1991 and for the office of emergency communications
4 for the city of Rochester from September 16, 1991 until July 25, 1995,
5 and who was critically injured in September 1994 as a result of an inju-
6 ry on the job and was unable to return to work after surgery in March
7 1995, and who was denied an accidental disability retirement from the
8 New York state and local retirement system, and who, as of the effective
9 date of this act, is on regular service disability or receiving an ordi-
10 nary disability benefit, shall be entitled to reapply for an accidental
11 disability retirement from the New York state and local retirement
12 system if, within one year of the effective date of this act, he shall
13 file a written request with the state comptroller.
14 § 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.
