Bill Text: NY S04409 | 2009-2010 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CIVIL SERVICE AND PENSIONS [S04409 Detail]

Download: New_York-2009-S04409-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4409
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 23, 2009
                                      ___________
       Introduced  by  Sen.  O. JOHNSON  -- read twice and ordered printed, and
         when printed to be committed to the Committee  on  Civil  Service  and
         Pensions
       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
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Notwithstanding  the  provisions  of  section  512 of the
    2  retirement and social security law, the disability  retirement  benefits
    3  of  Elizabeth  Mockler, a retired member of the New York state teachers'
    4  retirement system, who retired with a disability retirement in  February
    5  2006,  shall be recalculated as of the date of her retirement by using a
    6  final average salary, computed using her highest average annual  compen-
    7  sation  earned  during any three consecutive years of member service for
    8  which she is credited, without regard to the  ten  percent  compensation
    9  limit  referred  to in sections 512 and 608 of the retirement and social
   10  security law.
   11    S 2. All costs incurred as the result of  the  implementation  of  the
   12  provisions of this act shall be borne by the employers of members of the
   13  New York state teachers' retirement system.
   14    S 3. This act shall take effect immediately.
         FISCAL NOTE.--Pursuant to Legislative Law, section 50:
         This  bill  would allow Elizabeth Mockler, a retired member and former
       Tier 3 member of the New York State Teachers' Retirement System, to  use
       the  highest average annual compensation for any three consecutive years
       of member service for which she is credited in computing her final aver-
       age salary for her disability retirement benefit without regard  to  the
       10%  compensation  limit  required by Retirement and Social Security Law
       Section 512 and Section 608. Ms. Mockler's pension would be recalculated
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06102-02-9
       S. 4409                             2
       prospectively and with retroactive adjustment to payments made since her
       date of retirement of February 27, 2006.
         The cost of this benefit is equal to the increase in the present value
       of liabilities, which is estimated to be $34,000.
         The source of this estimate is Fiscal Note 200949 dated April 21, 2009
       prepared  by  the  Actuary  of  the  New York State Teachers' Retirement
       System and is intended for use only during the 2009 Legislative Session.