STATE OF NEW YORK
________________________________________________________________________
4292--A
2015-2016 Regular Sessions
IN SENATE
March 11, 2015
___________
Introduced by Sen. RITCHIE -- 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 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:
1 Section 1. Notwithstanding any provision of law to the contrary, James
2 Mallan who commenced employment with the state department of correction-
3 al services on May 30, 1988, and who through no negligence of his own
4 was disabled while completing his training at the academy on June 29,
5 1988 and who was granted disability retirement in April 1990 at one-
6 third of his final salary, and who was reinstated by the state depart-
7 ment of corrections and community supervision, shall have his retirement
8 benefits calculated based on his final average salary at the time of his
9 application for disability retirement benefits on February 28, 2008, if
10 he shall file an application therefor with the state comptroller on or
11 before December 31, 2016.
12 § 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill will deem James T. Mallan, currently a Section 507-a disa-
bility retiree receiving an annual benefit of 1/3 of final average sala-
ry earned as of April, 1990, to have his pension recalculated based on
his final average salary with the New York State Department of Correc-
tional Services earned as of February, 2008.
If this bill is enacted, we anticipate that there will be a one-time
cost of approximately $191,000 which will be shared by the State of New
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07644-05-6
S. 4292--A 2
York and all participating employers in the New York State and Local
Employees' Retirement System.
Summary of relevant sources:
The membership data used in measuring the impact of the proposed
change was the same as that used in the March 31, 2015 actuarial valu-
ation. Distributions and other statistics can be found in the 2015
report of the Actuary and the 2015 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015
Annual Report to the Comptroller on the Actuarial Assumptions, and the
Code Rules and Regulations of the State of New York: Audit Control.
The Market Assets and GASB Disclosures are found in the March 31, 2015
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 estimate, date March 4, 2016 and intended for use only during the
2016 Legislative Session, is Fiscal Note No. 2016-71, prepared by the
Actuary for the New York State and Local Retirement System.
