NY State Senate Bill 2013-S5273

Senate Bill S5273

2013-2014 Legislative Session

Authorizes the payment of ordinary disability retirement benefits by the New York state teachers' retirement system to the widow of Lawrence L. Allen

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to civil service and pensions
May 15, 2013	referred to civil service and pensions

2013-S5273 (ACTIVE) - Details

See Assembly Version of this Bill:: A7464
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3143, A6653
2011-2012: S4148, A6483
2015-2016: S4734, A6985
2017-2018: S5324, A6901

2013-S5273 (ACTIVE) - Summary

Authorizes the payment of ordinary disability retirement benefits by the New York state teachers' retirement system to Christine M. Allen, the widow of Lawrence L. Allen, if she shall file an application for such benefits with the retirement board of such retirement system.

2013-S5273 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5273

TITLE OF BILL:  An act authorizing the payment of ordinary disability
retirement benefits by the New York state teachers' retirement system
to the widow of Lawrence L.  Allen

PURPOSE:

This legislation, if enacted, will provide Christine M. Allen, the
widow and beneficiary of Lawrence Allen, with the ordinary disability
retirement death benefit she would have received if Mr. Alien's
application for an ordinary disability retirement had been processed
by the teachers' retirement system prior to his death.

SUMMARY OF PROVISIONS:

Section one authorizes Christine Allen to re-file an application for
an ordinary disability retirement on behalf of her husband. It also
states that said application shall be deemed to have become effective
on March 18, 1999, the date the original application was signed and
notarized and that Mrs. Allen shall be paid all the retirement
benefits she is entitled as her husband's designated beneficiary.

Section two contains the effective date.

JUSTIFICATION:

Lawrence L. Allen, a tier I member of the teachers' retirement system
and a teacher at Lake George High School became gravely ill in early
1999. On March 18, 1999, Mr. Allen signed in the presence of a notary
public an application for an ordinary disability retirement while
designating his wife, Christine M. Allen, as his beneficiary.
Unfortunately, Mr. Allen died on March 19, 1999 before his application
was received or processed by the teachers' retirement system. This
legislation will authorize Mrs. Allen to re-file and the teachers'
retirement system to accept an application for an ordinary disability
retirement on behalf of Mr. Allen deemed to have been in effect as of
March 18, 1999.

Enacting this legislation will recognize the intent of Mr. Allen's
actions prior to his premature death and insure that a technicality
will not keep Mrs. Allen from the receiving the full death benefit she
is entitled. Any death benefit paid to Mrs. Allen as a consequence of
this legislation would be in lieu of any other death benefit.

LEGISLATIVE HISTORY:

2011:S. 4148 Civil Service and Pension
2009-10: S.3143 Civil Service and Pension; A.6654 Held for
Consideration in Governmental Employees
2008: S.2941-A Passed Senate; A.5356-A Ways & Means
2007:S.2941 Passed Senate; A.5356-Governmental Employees
2005-06: S.1756 Passed Senate; A.4228-A Ways & Means
2003-04: S.2629A Passed Senate
2002:S.7154 Passed Senate

FISCAL IMPLICATIONS:


The cost for this benefit is equal to the increase in the present
value of benefits, which is estimated to be $260,000.

EFFECTIVE DATE:

Immediately.

2013-S5273 (ACTIVE) - Bill Text download pdf

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

                                  5273

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

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

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, 2013 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'
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, 2013. Such  appli-
cation  for  disability retirement shall be deemed to have become effec-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01196-02-3

S. 5273                             2

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 2013-37 dated May 9, 2013
prepared by the Actuary of  the  New  York  State  Teachers'  Retirement
System and is intended for use only during the 2013 Legislative Session.
I,  Richard  A.  Young,  am the Actuary for the New York State Teachers'
Retirement System. I am a member of the American  Academy  of  Actuaries
and  I meet the Qualification Standards of the American Academy of Actu-
aries to render the actuarial opinion contained herein.

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