Skip to content
S4409Senate2009-2010 SessionSame asA8189

Provides that the disability retirement of Elizabeth Mockler shall be calculated using a final average salary which is not subject to limitation

Sponsor Owen H. JohnsonSD-4Affects Finance
Status
In Senate Committee
Civil Service And Pensions
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Civil Service And Pensions

What's happening

Writing a plain-English summary… Track this bill to get it by email.

Why it matters

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Sponsors

Primary sponsor
Owen H. Johnson

Senator · Senate District 4

No co-sponsors yet.

History

  1. Referred to civil service and pensions
  2. Referred to civil service and pensions

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to authorize Elizabeth Mockler to have her disability retirement benefits calculated based upon a final average salary which is not reduced due to the salary during one year which exceeds 10% of the other two years of salary

Purpose

To allow the disability retirement of Elizabeth Mockler to be calculated using a final average salary which is not subject to limitation based upon the 10% rule set forth in sections 512 and 608 of the Retirement and Social Security Law.

Summary of provisions

Exempts Elizabeth Mockler from the income limitations established under sections 512 and 608 of the Retirement and Social Security Law in her application for a disability retirement.

Existing law

Sections 512 and 608 of the Retirement and Social Security Law would apply a 10% limitation on the final average salary used to calculate disability retirement benefits for Elizabeth Mockler.

Justification

Elizabeth Mockler began working as a Child Abuse Investigator for Suffolk County on December 29, 1977. She also worked for Stonybrook University as an operating room administrator. Ms. Mockler, while working full time obtained a masters degree in education that allowed her to work for many years with the Islip School District. She intended to work into her 60's but tragically was diagnosed with a rare form of lung cancer unrelated to smoking. Due to the cancer, she became disabled and retired with a disability retirement in February, 2006. However, upon application for retirement, it was discovered that Ms. Mockler's disability retirement benefits would be reduced considerably under sections 512 and 608 of the Retirement and Social Security Law because a 3-year Final Average Salary for members of Tier 3 & 4 cannot include yearly increases exceeding 10% of the average of the previous two year's salaries.

Elizabeth Mockler intended to work for many more years as a teacher but her efforts were cut short by health issues related to the cancer she is battling. This bill would undo a severe financial hardship to Elizabeth Mockler and her family if sections 512 and 608 continue to apply to her case.

Legislative history

None.

Fiscal implications

See bill.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.