Bill Text: NY S01865 | 2013-2014 | General Assembly | Amended

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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 1-0)

Status: (Introduced - Dead) 2014-06-03 - PRINT NUMBER 1865A [S01865 Detail]

Download: New_York-2013-S01865-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1865--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Civil Service and Pensions
         -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
         accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       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, 2014 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.--Pursuant to Legislative Law, Section 50:
         This  bill  would  authorize  Janice  Middlebrooks to file an ordinary
       disability application with a date of retirement of November 1, 2004 and
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04130-02-4
       S. 1865--A                          2
       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,
       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 $203,000 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, 2013 actuarial valu-
       ation.  Distributions and other statistics can  be  found  in  the  2013
       Report  of  the  Actuary  and  the  2013  Comprehensive Annual Financial
       Report.
         The actuarial assumptions and methods  used  are  described  in  2010,
       2011,  2012  and  2013  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, 2013
       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 May 27, 2014, and intended for  use  only  during
       the  2014  Legislative Session, is Fiscal Note No. 2014-144, prepared by
       the Actuary for the New  York  State  and  Local  Employees'  Retirement
       System.