Bill Text: NY A06100 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes Janice Middlebrooks, the widow of William James Middlebrooks, to file a retirement option election on behalf of her deceased husband.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-03-18 - print number 6100a [A06100 Detail]

Download: New_York-2015-A06100-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6100
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 16, 2015
                                      ___________
       Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
         Committee on Governmental Employees
       AN ACT to authorize the widow of William James Middlebrooks  to  file  a
         retirement option election form
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Notwithstanding any other provision of law to the contrary,
    2  Janice Middlebrooks, the widow of William  James  Middlebrooks  who  was
    3  employed  by  the  Albion Correctional Facility, was a member of the New
    4  York state and local employees' retirement system,  was  diagnosed  with
    5  cancer in January of 2004, was advised on October 31, 2004 that he would
    6  be  unable  to  return to employment as the result of his malignancy and
    7  the treatment therefor, and died on December 3, 2006 prior to  filing  a
    8  retirement  election  form  with the New York state and local employees'
    9  retirement system, shall be authorized to file such option election form
   10  on behalf of her deceased husband with a joint allowance full option, if
   11  on or before December 31, 2015 she shall submit a  request  therefor  to
   12  the  state  comptroller.    In  addition, his application for disability
   13  retirement shall be deemed to have become effective on November 1, 2004.
   14  All retirement benefits payable pursuant to the provisions of  this  act
   15  shall  be  paid  to  Janice Middlebrooks and shall be in addition to any
   16  other death benefits paid.
   17    S 2. This act shall take effect immediately.
         FISCAL NOTE.--
         This bill would authorize Janice  Middlebrooks  to  file  an  ordinary
       disability application with a date of retirement of November 1, 2004 and
       an  option election form with a joint allowance full option on behalf of
       her  deceased  husband  William  James  Middlebrooks.  Mr.  Middlebrooks
       received  a disability retirement which was paid beginning on 3/28/2005.
       Upon his death all payments ceased because no option election  form  was
       filed. By filing the disability application and an option election form,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01390-03-5
       A. 6100                             2
       an  additional benefit will be paid for the period 11/1/04 - 3/28/05 and
       a benefit will continue to Janice Middlebrooks for her lifetime.
         If  this bill is enacted, there will be an immediate past service cost
       of approximately $218,000 which will be shared by the State of New  York
       and  all  the  participating  employers  in the New York State and Local
       Employees' Retirement System.
         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, 2014 actuarial valu-
       ation.  Distributions and other statistics can  be  found  in  the  2014
       Report  of  the  Actuary  and  the  2014  Comprehensive Annual Financial
       Report.
         The actuarial assumptions and methods used are described in the  2010,
       2011,  2012, 2013 and 2014 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, 2014
       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 estimate, dated February 5,  2015,  and  intended  for  use  only
       during  the  2015  Legislative  Session,  is  Fiscal  Note  No. 2015-59,
       prepared by the Actuary for the New  York  State  and  Local  Employees'
       Retirement System.