S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 3143                                                  A. 6653

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             March 11, 2009
                               ___________

IN  SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Civil Service
  and Pensions

IN ASSEMBLY -- Introduced by M. of A. SAYWARD -- read once and  referred
  to the Committee on Governmental Employees

AN  ACT  authorizing the payment of ordinary disability retirement bene-
  fits by the New York state teachers' retirement system to the widow of
  Lawrence L.  Allen

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Notwithstanding any other provision of law to the contrary,
Christine  M. Allen, the widow of Lawrence L. Allen, who was a member of
the New York state teachers' retirement system, who prior to his  death,
in  the presence of a notary public, completed and mailed an application
for an ordinary disability retirement and a retirement election form  to
the  New York state teachers' retirement system, and who died before the
application was received by the  New  York  state  teachers'  retirement
system,  shall be authorized to re-file such application and election on
behalf of her deceased husband, if on or before December  31,  2009  she
shall  file a request therefor with the retirement board of the New York
state teachers' retirement system.   Such application  for  an  ordinary
disability  retirement and retirement option election shall be deemed to
have become effective on March 18, 1999. All retirement benefits payable
pursuant to the provisions of this act shall be  paid  to  Christine  M.
Allen and shall be in lieu of any other death benefits payable.
  S 2. This act shall take effect immediately.
  FISCAL  NOTE.--This  bill would allow Christine M. Allen, the widow of
Lawrence L. Allen who was a Tier 1 member of the New York  State  Teach-
ers'  Retirement  System who had applied for a disability retirement and
died before the application was received by the New York State Teachers'

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00383-02-9
              

S. 3143                             2                            A. 6653

Retirement System, to re-file such application on behalf of her deceased
husband. She must file a request with the head of  the  New  York  State
Teachers' Retirement System on or before December 31, 2009.  Such appli-
cation  for  disability retirement shall be deemed to have become effec-
tive on March 18, 1999, and the death benefit payable would therefore be
in accordance with the option election, and not the active member  death
benefit.  The  benefit  payable  pursuant to the provisions of this bill
shall be paid to Christine M. Allen and be in lieu of  any  other  death
benefit.
  The  cost  for  this  benefit  is equal to the increase in the present
value of benefits, which is estimated to be $260,000.
  The source of this estimate is Fiscal Note 2009-24 dated March 4, 2009
prepared by the Actuary of  the  New  York  State  Teachers'  Retirement
System and is intended for use only during the 2009 Legislative Session.