What's happening
This bill allows Lois J. Reid to reapply for past ordinary disability retirement benefits from the New York State and Local Employees' Retirement System.
Why it matters
Addresses a rare medical situation. The bill recognizes that Lois J. Reid’s disability (mitochondrial disease, diagnosed much later) was not widely understood or diagnosable when she first became disabled, which may have led to her initial denial of benefits.
Sets an important precedent. Allowing a retroactive application for disability retirement benefits could open the door for other public employees whose conditions were not properly recognized or diagnosable at the time of their disability.
Direct state financial impact. The legislation explicitly requires the State of New York, not local governments or the retirement system, to cover the estimated $127,000 cost if benefits are granted—highlighting a willingness to bear fiscal responsibility for correcting past denials.
Time-limited opportunity. The bill gives Lois J. Reid only one year from the bill’s passage to reapply, emphasizing the urgency and specificity of the remedy—this is not an open-ended or broadly applicable change, but a narrowly tailored response to one individual’s circumstances.
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Who cares
Headline styles
Let Lois Reid Reapply Benefits
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to civil service and pensions
- Referred to civil service and pensions
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1235
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sens. GALLIVAN, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions
AN ACT to authorize Lois J. Reid to apply for ordinary disability retirement benefits from the New York state and local employees' retirement system
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding any other provision of law, Lois J. Reid, who was employed by the Erie County Youth Board on March 6, 1970, and who was employed by the New York state department of social services on May 16, 1985, was a member of the New York state and local employees' retirement system for approximately 17.5 years, was diagnosed with chronic fatigue syndrome in 1990, which is a symptom of mitochondrial disease, of which was diagnosed on March 1, 2011, and which was only recently identified by the medical community, was declared to be totally and permanently disabled by the New York state department of social services in 1990, and who was declared to be totally and permanently disabled by the United States social security administration in the early 1990s, and who was denied ordinary disability retirement benefits, shall be allowed to reapply for ordinary disability retirement benefits from the New York state and local employees' retirement system covering the period from June 19, 1992 through March 1, 2003 if, within one year of the effective date of this act, she shall file a written request to that effect with the state comptroller.
§ 2. All costs associated with the implementation of this act shall be borne by the state.
§ 3. This act shall take effect immediately.
Fiscal Note. -- Pursuant to Legislative Law, Section 50:
This bill will allow Lois J. Reid, a service retiree of the New York
State and Local Employees' Retirement System with a date of retirement
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02876-02-9
S. 1235 2
of March 1, 2003, to apply for a temporary ordinary disability retire-
ment benefit for the period from June 19, 1992 through March 1, 2003.
If this bill is enacted, and Lois J. Reid is granted a temporary disa-
bility benefit, we anticipate that there will be an immediate past
service cost of approximately $127,000. This cost will be borne by the
State of New York as a one-time payment. This estimate is based on the
assumption that payment will be made on March 1, 2020.
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, 2018 actuarial valu-
ation. Distributions and other statistics can be found in the 2018
Report of the Actuary and the 2018 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017 and 2018 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, 2018
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 3, 2019, and intended for use only during
the 2019 Legislative Session, is Fiscal Note No. 2019-8, 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 to authorize Lois J. Reid to apply for ordinary disability retirement benefits from the New York state and local employees' retire- ment system
Purpose
This legislation would authorize Lois J. Reid to apply for ordinary disability retirement benefits.
Summary of provisions
Section 1 of the bill states that Lois J. Reid should be deemed to have a chronic disability, and therefore be eligible for New York State Disa- bility.
Section 2 states the cost shall be borne by the state.
Section 3 is the effective date.
Justification
Lois J. Reid has been diagnosed as having chronic fatigue syndrome, a disease that was not classified at her time of her forced retirement. Ms. Reid has been awarded a Social Security Disability based on the findings of her disability. Since her retirement, much has become known regarding chronic fatigue syndrome. As a result, if Lois was employed today, she would in all likelihood retire with a disability pension. This legislation seeks to correct that inequity.
Legislative history
2017-18: S.4252b/A.6958a Passed Senate/Referred to Governmental Employ- ees
2015-16: S.4445 Passed Senate/Referred to Governmental Employees
2013-14: S.904-A/A.9416 Passed Senate/Referred to Governmental Employees
Fiscal implications
See fiscal note.
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.