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

                                  4979

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 2, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the retirement and social security law and the education
  law, in relation to providing beneficiaries with the  same  allocation
  of retirement benefits if the member has the service retirement appli-
  cation,  disability  retirement  applications or option election forms
  postmarked prior to his or her death

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

  Section 1. The retirement and social security law is amended by adding
a new section 74-a to read as follows:
  S  74-A.  APPLICATIONS AND ELECTIONS; ISSUES DUE TO DEATH.  WHENEVER A
STATUTE REQUIRES THAT A DOCUMENT MUST BE FILED OR MONEYS DEPOSITED  WITH
THE  SYSTEM WITHIN A PRESCRIBED PERIOD OF TIME OR BY A SPECIFIED DATE IN
ORDER FOR A MEMBER TO BE ELIGIBLE FOR SERVICE CREDIT OR A  BENEFIT  FROM
THE  SYSTEM  THE  DOCUMENT SHALL BE DEEMED FILED OR THE MONEYS DEPOSITED
WITH THE SYSTEM ON THE DAY THEY ARE CLEARLY  POSTMARKED  BY  THE  UNITED
STATES  POSTAL  SERVICE AS THE RETIREMENT SYSTEM MAY SPECIFICALLY PERMIT
BY RULE OR REGULATION. NOTWITHSTANDING THE PROVISIONS  HEREOF,  NO  SUCH
DOCUMENT  SHALL  BE  DEEMED FILED OR MONEYS DEPOSITED WITH THE SYSTEM ON
THE DAY OF MAILING UNLESS ACTUALLY RECEIVED BY THE RETIREMENT SYSTEM  AS
A RESULT OF SUCH MAILING.
  S 2. The retirement and social security law is amended by adding a new
section 374-a to read as follows:
  S  374-A. APPLICATIONS AND ELECTIONS; ISSUES DUE TO DEATH.  WHENEVER A
STATUTE REQUIRES THAT A DOCUMENT MUST BE FILED OR MONEYS DEPOSITED  WITH
THE  SYSTEM WITHIN A PRESCRIBED PERIOD OF TIME OR BY A SPECIFIED DATE IN
ORDER FOR A MEMBER TO BE ELIGIBLE FOR SERVICE CREDIT OR A  BENEFIT  FROM
THE  SYSTEM  THE  DOCUMENT SHALL BE DEEMED FILED OR THE MONEYS DEPOSITED
WITH THE SYSTEM ON THE DAY THEY ARE CLEARLY  POSTMARKED  BY  THE  UNITED
STATES  POSTAL  SERVICE AS THE RETIREMENT SYSTEM MAY SPECIFICALLY PERMIT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08248-01-3
              

S. 4979                             2

BY RULE OR REGULATION. NOTWITHSTANDING THE PROVISIONS  HEREOF,  NO  SUCH
DOCUMENT  SHALL  BE  DEEMED FILED OR MONEYS DEPOSITED WITH THE SYSTEM ON
THE DAY OF MAILING UNLESS ACTUALLY RECEIVED BY THE RETIREMENT SYSTEM  AS
A RESULT OF SUCH MAILING.
  S 3. Subdivision 19 of section 508 of the education law, as amended by
chapter 248 of the laws of 2003, is amended to read as follows:
  19.  Whenever  a  statute  requires  that  a document must be filed or
moneys deposited with the system within a prescribed period of  time  or
by  a  specified  date  in order for a member to be eligible for service
credit or a benefit from the system the document shall be  deemed  filed
or  the  moneys  deposited  with  the system on the day they are [mailed
through]  CLEARLY  POSTMARKED  BY  the  United  States  postal   service
[provided  the  mailing is by registered or certified mail or such other
equivalent service provided by the United States postal service] as  the
retirement board may specifically permit by rule or regulation. Notwith-
standing  the  provisions hereof, no such document shall be deemed filed
or moneys deposited with the system on the day of mailing unless actual-
ly received by the retirement system as a result of such mailing.
  S 4. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would amend certain filing  requirements  of  the  New  York
State  and  Local  Employees'  Retirement  System (ERS) and the New York
State and Local Police and Fire Retirement System (PFRS) by setting  the
date  of  filing as the date of postmark for any document that has to be
filed, or payment that has to be made by a specified date  or  within  a
prescribed time period.
  If  this  bill is enacted, we anticipate that the cost impact would be
negligible.
  ERS costs: Pursuant to Section 25 of the Retirement and Social Securi-
ty Law, any cost incurred would be borne by the State of  New  York  and
would  require an itemized appropriation by the State of New York suffi-
cient to pay the cost of the provision.
  PFRS costs would be shared by the State of New York  and  all  partic-
ipating employers in the PFRS.
  Summary of relevant resources:
  Data:  March  31,  2012  Actuarial Year End File with distributions of
membership and other statistics displayed in  the  2012  Report  of  the
Actuary and 2012 Comprehensive Annual Financial Report.
  Assumptions  and  Methods:  2010,  2011  and 2012 Annual Report to the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
  Market Assets and GASB Disclosures: March 31, 2012 New York State  and
Local  Retirement System Financial Statements and Supplementary Informa-
tion.
  Valuations of Benefit Liabilities and Actuarial Assets: summarized  in
the 2012 Actuarial Valuations report.
  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  December  17,  2012, and intended for use only
during the  2013  Legislative  Session,  is  Fiscal  Note  No.  2013-27,
prepared  by  the  Actuary  for  the New York State and Local Employees'
Retirement System and the New York  State  and  Local  Police  and  Fire
Retirement System.

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

                                 4979--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 2, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to amend the retirement and social security law, in relation to
  providing beneficiaries with the same allocation of  retirement  bene-
  fits  if the member has the service retirement application, disability
  retirement applications or option election forms postmarked  prior  to
  his or her death

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

  Section 1. The retirement and social security law is amended by adding
a new section 74-a to read as follows:
  S 74-A. APPLICATIONS AND ELECTIONS; ISSUES DUE TO DEATH.   WHENEVER  A
STATUTE  REQUIRES THAT A DOCUMENT MUST BE FILED OR MONEYS DEPOSITED WITH
THE SYSTEM WITHIN A PRESCRIBED PERIOD OF TIME OR BY A SPECIFIED DATE  IN
ORDER  FOR  A MEMBER TO BE ELIGIBLE FOR SERVICE CREDIT OR A BENEFIT FROM
THE SYSTEM THE DOCUMENT SHALL BE DEEMED FILED OR  THE  MONEYS  DEPOSITED
WITH  THE  SYSTEM  ON  THE DAY THEY ARE CLEARLY POSTMARKED BY THE UNITED
STATES POSTAL SERVICE AS THE RETIREMENT SYSTEM MAY  SPECIFICALLY  PERMIT
BY  RULE  OR  REGULATION. NOTWITHSTANDING THE PROVISIONS HEREOF, NO SUCH
DOCUMENT SHALL BE DEEMED FILED OR MONEYS DEPOSITED WITH  THE  SYSTEM  ON
THE  DAY OF MAILING UNLESS ACTUALLY RECEIVED BY THE RETIREMENT SYSTEM AS
A RESULT OF SUCH MAILING.
  S 2. The retirement and social security law is amended by adding a new
section 374-a to read as follows:
  S 374-A. APPLICATIONS AND ELECTIONS; ISSUES DUE TO DEATH.  WHENEVER  A
STATUTE  REQUIRES THAT A DOCUMENT MUST BE FILED OR MONEYS DEPOSITED WITH
THE SYSTEM WITHIN A PRESCRIBED PERIOD OF TIME OR BY A SPECIFIED DATE  IN
ORDER  FOR  A MEMBER TO BE ELIGIBLE FOR SERVICE CREDIT OR A BENEFIT FROM
THE SYSTEM THE DOCUMENT SHALL BE DEEMED FILED OR  THE  MONEYS  DEPOSITED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08248-05-3
              

S. 4979--A                          2

WITH  THE  SYSTEM  ON  THE DAY THEY ARE CLEARLY POSTMARKED BY THE UNITED
STATES POSTAL SERVICE AS THE RETIREMENT SYSTEM MAY  SPECIFICALLY  PERMIT
BY  RULE  OR  REGULATION. NOTWITHSTANDING THE PROVISIONS HEREOF, NO SUCH
DOCUMENT  SHALL  BE  DEEMED FILED OR MONEYS DEPOSITED WITH THE SYSTEM ON
THE DAY OF MAILING UNLESS ACTUALLY RECEIVED BY THE RETIREMENT SYSTEM  AS
A RESULT OF SUCH MAILING.
  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  would  amend  certain  filing requirements of the New York
State and Local Employees' Retirement System  (ERS)  and  the  New  York
State  and Local Police and Fire Retirement System (PFRS) by setting the
date of filing as the date of postmark for any document that has  to  be
filed,  or  payment  that has to be made by a specified date or within a
prescribed time period.
  If this bill is enacted, we anticipate that the cost impact  would  be
negligible.
  ERS costs: Pursuant to Section 25 of the Retirement and Social Securi-
ty  Law,  any  cost incurred would be borne by the State of New York and
would require an itemized appropriation by the State of New York  suffi-
cient to pay the cost of the provision.
  PFRS  costs  would  be shared by the State of New York and all partic-
ipating employers in the PFRS.
  Summary of relevant resources:
  Data: March 31, 2012 Actuarial Year End  File  with  distributions  of
membership  and  other  statistics  displayed  in the 2012 Report of the
Actuary and 2012 Comprehensive Annual Financial Report.
  Assumptions and Methods: 2010, 2011 and  2012  Annual  Report  to  the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
  Market  Assets and GASB Disclosures: March 31, 2012 New York State and
Local Retirement System Financial Statements and Supplementary  Informa-
tion.
  Valuations  of Benefit Liabilities and Actuarial Assets: summarized in
the 2012 Actuarial Valuations report.
  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 December 17, 2012,  and  intended  for  use  only
during  the  2013  Legislative  Session,  is  Fiscal  Note  No. 2013-27,
prepared by the Actuary for the New  York  State  and  Local  Employees'
Retirement  System  and  the  New  York  State and Local Police and Fire
Retirement System.

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

                                 4979--C
    Cal. No. 786

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 2, 2013
                               ___________

Introduced  by  Sens.  GOLDEN, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Civil Service and
  Pensions -- committee discharged, bill amended, ordered  reprinted  as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  recommitted  to  the  Committee  on  Civil  Service and
  Pensions in accordance with Senate Rule 6, sec. 8 -- reported  favora-
  bly  from  said committee, ordered to first and second report, ordered
  to a third reading, passed by Senate and delivered  to  the  Assembly,
  recalled,  vote  reconsidered,  restored to third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the retirement and social security law, in  relation  to
  providing  beneficiaries  with the same allocation of retirement bene-
  fits if the member has the service retirement application,  disability
  retirement  applications  or option election forms postmarked prior to
  his or her death

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

  Section 1. The retirement and social security law is amended by adding
a new section 74-a to read as follows:
  S  74-A.  APPLICATIONS AND ELECTIONS; ISSUES DUE TO DEATH.  WHENEVER A
STATUTE REQUIRES THAT A DOCUMENT MUST BE FILED OR MONEYS DEPOSITED  WITH
THE  SYSTEM WITHIN A PRESCRIBED PERIOD OF TIME OR BY A SPECIFIED DATE IN
ORDER FOR A MEMBER TO BE ELIGIBLE FOR SERVICE CREDIT OR A  BENEFIT  FROM
THE  SYSTEM  THE  DOCUMENT SHALL BE DEEMED FILED OR THE MONEYS DEPOSITED
WITH THE SYSTEM ON THE DAY THEY ARE CLEARLY  POSTMARKED  BY  THE  UNITED
STATES  POSTAL  SERVICE AS THE RETIREMENT SYSTEM MAY SPECIFICALLY PERMIT
BY RULE OR REGULATION. NOTWITHSTANDING THE PROVISIONS  HEREOF,  NO  SUCH
DOCUMENT  SHALL  BE  DEEMED FILED OR MONEYS DEPOSITED WITH THE SYSTEM ON
THE DAY OF MAILING UNLESS ACTUALLY RECEIVED BY THE RETIREMENT SYSTEM  AS
A RESULT OF SUCH MAILING.

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

                                                           LBD08248-09-4

S. 4979--C                          2

  S 2. The retirement and social security law is amended by adding a new
section 374-a to read as follows:
  S  374-A. APPLICATIONS AND ELECTIONS; ISSUES DUE TO DEATH.  WHENEVER A
STATUTE REQUIRES THAT A DOCUMENT MUST BE FILED OR MONEYS DEPOSITED  WITH
THE  SYSTEM WITHIN A PRESCRIBED PERIOD OF TIME OR BY A SPECIFIED DATE IN
ORDER FOR A MEMBER TO BE ELIGIBLE FOR SERVICE CREDIT OR A  BENEFIT  FROM
THE  SYSTEM  THE  DOCUMENT SHALL BE DEEMED FILED OR THE MONEYS DEPOSITED
WITH THE SYSTEM ON THE DAY THEY ARE CLEARLY  POSTMARKED  BY  THE  UNITED
STATES  POSTAL  SERVICE AS THE RETIREMENT SYSTEM MAY SPECIFICALLY PERMIT
BY RULE OR REGULATION. NOTWITHSTANDING THE PROVISIONS  HEREOF,  NO  SUCH
DOCUMENT  SHALL  BE  DEEMED FILED OR MONEYS DEPOSITED WITH THE SYSTEM ON
THE DAY OF MAILING UNLESS ACTUALLY RECEIVED BY THE RETIREMENT SYSTEM  AS
A RESULT OF SUCH MAILING.
  S  3. Notwithstanding any other provision of law to the contrary, none
of the provisions of this act shall be subject  to  section  25  of  the
retirement and social security law.
  S 4. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  would  amend  certain  filing requirements of the New York
State and Local Employees' Retirement System  (ERS)  and  the  New  York
State  and Local Police and Fire Retirement System (PFRS) by setting the
date of filing as the date of postmark for any document that has  to  be
filed,  or  payment  that has to be made by a specified date or within a
prescribed time period.
  If this bill is enacted, we anticipate that the cost impact  would  be
negligible.
  ERS costs: Pursuant to Section 25 of the Retirement and Social Securi-
ty  Law,  any  cost incurred would be borne by the State of New York and
would require an itemized appropriation by the State of New York  suffi-
cient to pay the cost of the provision.
  PFRS  costs  would  be shared by the State of New York and all partic-
ipating employers in the PFRS.
  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 the  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 June 10, 2014, and intended for use  only  during
the  2014  Legislative Session, is Fiscal Note No. 2014-151, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System  and  the  New  York  State  and Local Police and Fire Retirement
System.