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

                                 6100--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2015
                               ___________

Introduced  by  M.  of  A.  PEOPLES-STOKES,  RODRIGUEZ  -- read once and
  referred to the Committee on Governmental Employees -- recommitted  to
  the  Committee  on  Governmental Employees in accordance with Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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:

  Section 1. Notwithstanding any other provision of law to the contrary,
Janice  Middlebrooks,  the  widow  of William James Middlebrooks who was
employed by the Albion Correctional Facility, was a member  of  the  New
York  state  and  local employees' retirement system, was diagnosed with
cancer in January of 2004, was advised on October 31, 2004 that he would
be unable to return to employment as the result of  his  malignancy  and
the  treatment  therefor, and died on December 3, 2006 prior to filing a
retirement election form with the New York state  and  local  employees'
retirement system, shall be authorized to file such option election form
on behalf of her deceased husband with a joint allowance full option, if
on  or  before  December 31, 2016 she shall submit a request therefor to
the state comptroller.   In addition,  his  application  for  disability
retirement shall be deemed to have become effective on November 1, 2004.
All  retirement  benefits payable pursuant to the provisions of this act
shall be paid to Janice Middlebrooks and shall be  in  addition  to  any
other death benefits paid.
  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
an option election form with a joint allowance full option on behalf  of
her  deceased  husband  William  James  Middlebrooks.  Mr.  Middlebrooks

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01390-06-6
              

A. 6100--A                          2

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  of
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 $229,000 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 March 31, 2015 actuarial valuation.
Distributions and other statistics can be found in the  2015  Report  of
the Actuary and the 2015 Comprehensive Annual Financial Report.
  The  actuarial  assumptions and methods used are described in the 2015
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, 2015
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  10,  2016  and intended for use only
during the  2016  Legislative  Session,  is  Fiscal  Note  No.  2016-57,
prepared  by  the  Actuary  for  the New York State and Local Retirement
System.