STATE OF NEW YORK
________________________________________________________________________
8380
IN SENATE
May 20, 2020
___________
Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
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 on or before December 31, 2021, he files a written request
13 with the state comptroller to such effect.
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 (ERS),
to reapply for an accidental disability retirement. Mr. McTammany was
previously denied the accidental disability in 1995, and this decision
was upheld at a hearing in 1997.
If this legislation is enacted during the 2020 legislative session,
there will be an immediate past service cost of approximately $247,000.
This estimated cost assumes that the ERS will approve Mr. 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 ERS.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15810-02-0
S. 8380 2
Summary of relevant resources:
The membership data used in measuring the impact of the proposed
change was the same as that used in the March 31, 2019 actuarial valu-
ation. Distributions and other statistics can be found in the 2019
Report of the Actuary and the 2019 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017, 2018, and 2019 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, 2019
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 May 14, 2020, and intended for use only during
the 2020 Legislative Session, is Fiscal Note No. 2020-110, prepared by
the Actuary for the New York State and Local Retirement System.