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S1235Senate2019-2020 Session

Let Lois Reid Reapply Benefits

Official title

“Authorizes Lois J. Reid to reapply for ordinary disability retirement benefits”

Sponsor Patrick M. GallivanSD-59+1 co-sponsorAffects Finance
Status
In Senate Committee
Civil Service And Pensions
Impact
2/10
Minimal
Passage
0%

Bill progress

Step 2 of 7

In committee · Civil Service And Pensions

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

  1. 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.

  2. 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.

  3. 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.

  4. 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

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

1 Co-sponsor

History

  1. Referred to civil service and pensions
  2. 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.