What's happening
This bill authorizes James Mallan to apply for an increased disability pension based on his 2008 final average salary.
Why it matters
Sets a precedent for individual pension recalculations. Authorizing James Mallan to have his disability pension recalculated using a more recent salary figure could open the door for similar requests from other public employees who believe their benefits do not reflect their later career earnings.
Has a financial impact shared by all employers in the retirement system. The estimated one-time cost of about $204,000 will not be borne just by the state, but also by all participating employers in the New York State and Local Employees' Retirement System, potentially affecting municipal and local budgets.
Highlights the flexibility of legislative intervention. This bill demonstrates that the legislature can override existing pension laws in individual cases, which may be important for those seeking exceptions due to unique employment histories or administrative issues.
Addresses fairness and administrative error in pension calculations. By allowing recalculation based on a later, presumably higher, salary, the bill acknowledges potential inequities in how disability pensions are determined for employees with interrupted or unusual service records.
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Who cares
Headline styles
Recalculate Mallan's Disability Benefit
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to civil service and pensions
- Referred to civil service and pensions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Recalculate Mallan's Disability Benefit
In Assembly Committee · Governmental Employees · Sponsor Kenneth Blankenbush
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2778
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions
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 Assembly, do enact as follows:
Section 1. Notwithstanding any provision of law to the contrary, James Mallan who commenced employment with the state department of correctional services on May 30, 1988, and who through no negligence of his own was disabled while completing his training at the academy on June 29, 1988 and who was granted disability retirement in April 1990 at onethird of his final salary, and who was reinstated by the state department of corrections and community supervision, shall have his retirement benefits calculated based on his final average salary at the time of his application for disability retirement benefits on February 28, 2008, if he shall file an application therefor with the state comptroller on or before December 31, 2017.
§ 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 $204,000 which will be shared by the State of New
York and all the participating employers in the New York State and Local
Employees' Retirement System.
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, 2016 actuarial valu-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06822-02-7
S. 2778 2
ation. Distributions and other statistics can be found in the 2016
Report of the Actuary and the 2016 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015
and 2016 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, 2016
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, dated January 12, 2017, and intended for use only
during the 2017 Legislative Session, is Fiscal Note No. 2017-13,
prepared by the Actuary for the New York State and Local Retirement
System.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act in relation to authorizing James Mallan to apply for an increase in his disability pension
Purpose
To allow James Mallan to have his retirement benefits calculated based on his final average salary at the time of his application for disability retirement benefits on February 28, 2008.
Summary of provisions
Section 1 provides that notwithstanding any provision of law to the contrary, James Mallan shall have his retirement benefits calculated based on his final average salary at the time of his application for disability retirement benefits on February 28, 2008, if he files an application with the state comptroller on or before December 31, 2017.
Section 2 is the effective date.
Justification
James Mallan commenced employment with the New York State Department of Correctional Services on May 30, 1988. Through no negligence of his own he was disabled while completing training at the Correctional Services Training Academy on June 29, 1988. He was granted a disability retirement in April 1990 at one-third of his final salary. Mr. Mallan was reinstated by the Department Correctional Services in 1992 and then again in 1997. Each time his service ended because of injuries.
This bill allows his retirement benefits to be calculated based on his final average salary at the time of his application for disability retirement benefits on February 28, 2008, if he files an application with the state comptroller on or before December 31, 2015.
Legislative history
2015-2016: S.4292A 2013-2014: S.5816/A.5935-A 2015: S.4232
Fiscal implications
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.