As we reported over the past couple years, there has been a continuing call to correct problems that arose from the 1996 passage of the so-called disability pension reform act (Chapter 306). Even so, most Public Service Committee observers were surprised when that committee reported out H-4889 favorably in November.

"Several theories were floated as to why the bill came out so late in the session," reports Legislative Chairman Bill Hill. "Regardless of why, the talk around the State House was that H-4889 was on the fast track (for passage)."

With that in mind, the Association's lobbyists sprung into action. "If the bill was to become law by November 17th (which it did not), then we had to make certain that H-4889 in its final form would not hurt our disability members."

As it read when it came out of Public Service, H-4889 raised several concerns that Association officers discussed with key Senate and House leadership. Our legislative team also huddled with fire and police union representatives to map out strategy.

This lobbying effort led to several redrafts of H-4889 before it was reported out favorably by the House Ways and Means Committee - just days before the session's end. But the House never voted on the bill and formally adjourned until next year.

Here are some of H-4889's highlights:

• Amends the Civil Service Law (Chapter 31) to require a disability retiree, deemed capable of returning to work by the retirement board, to obtain "certification" from his appointing authority that he can be reinstated before being placed in a position.
• Waives PERAC (Public Employee Retirement Administration Commission) evaluations, including an initial evaluation, for disability retirees who have been out more than 10 years as of 10/1/96.
• Waives PERAC evaluations for disability retirees who have been out more than 10 years after 10/1/96 and have undergone an initial evaluation as required under Section 8.
• Establishes 2 separate return-to-work process/programs for disability retirees, retired from a civil service position, based on whether they are out less or more than 10 years.
• Allows the medical panel to determine whether a disability retiree, retired from a non-civil service position, is able to perform any position within the governmental unit.
• Requires that a retiree, who has returned to work and suffers a recurrence of his original disability within 1 year, receive his "old" disability pension.
• Requires a retiree to buy back all time while out on disability, to obtain creditable service.
• Amends the earnings law (Section 91A) and the modification law (Section 8) to exclude the annuity portion of retirement allowance in calculations.
• Applies the changes to any disability retiree, not fully reinstated as of 1/1/2000.