NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6560A
SPONSOR: Brabenec (MS) TITLE OF BILL: An act to authorize the New York state teachers'
retirement system to accept an application for disability retirement
benefits from James O'Connell
PURPOSE OR GENERAL IDEA OF BILL:
This bill allows James O'Connell to apply for a disability retirement
from the Teachers' Retirement System.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1:Authorizes the Teachers' Retirement System to accept the disa-
bility retirement application of James O'Connell, who for reasons not
ascribable to his own negligence, failed to apply for such benefit in a
timely manner.
Section 2:Provides that all costs associated shall be borne by the
employers of members of the Teachers' Retirement System.
Section 3:Effective date.
JUSTIFICATION:
James O'Connell sustained injuries as a result of two separate assaults
in 1993 and 1996 while he was employed by the Goshen Secure Center. He
sustained injuries to his neck, back, and shoulder and underwent recon-
structive surgery on his left shoulder. In 1997, Mr. O'Connell began
employment with the Port Jervis City School District. From this time
until his position was eliminated on August 31, 2008 due to budget cuts,
his condition deteriorated significantly. After months of awaiting a
decision on his Workers Compensation claim, Mr. O'Connell underwent
emergency surgery, on February 26, 2009, to remove extruded disc frag-
ments from his spinal cord. The delayed surgery resulted in further
complications. Recovery was initially favorable, yet debilitating scar
tissue began forming in August of 2009. On September 2, 2009, James'
doctor diagnosed him with permanent 100% disability.
Due to his medical condition and for reasons not ascribable to his own
negligence, Mr. O'Connell did not file a disability retirement applica-
tion with the New York State Teachers Retirement System until Sept, 14,
2009. This was 15 days after the one-year statutory deadline. This
legislation seeks to afford Mr. O'Connell the ability to have his appli-
cation for a disability retirement considered by the Teachers Retirement
System. It is important to note that it does make a determination wheth-
er he will receive such a benefit, but rather that his application be
considered.
PRIOR LEGISLATIVE HISTORY:
S.6458 of 2014: Passed Senate, Died in Assembly Governmental Employees
A.7711 of 2013: Died in Assembly Governmental Employees
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
The cost of this benefit is equal to the increase in present value of
liabilities, which is estimated to be $330,000. This cost is contingent
upon approval of James O'Connell's application for disability retirement
by the Medical Board of the New York State Teachers' Retirement System.
EFFECTIVE DATE:
This act shall take effect immediately.
