NY State Senate Bill 2015-S3527A

Senate Bill S3527A

2015-2016 Legislative Session

Authorizes the widow of William James Middlebrooks to file a retirement option election on behalf of her deceased husband

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
Feb 17, 2016	print number 3527a
Feb 17, 2016	amend and recommit to civil service and pensions
Jan 06, 2016	referred to civil service and pensions
Feb 11, 2015	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2015-S3527 - Details

See Assembly Version of this Bill:: A6100
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5072
2011-2012: S3230, A7709
2013-2014: S1865, A3704
2017-2018: S4752, A5462
2019-2020: S3759, A6836
2021-2022: S4860, A4778
2023-2024: S5633, A7222

2015-S3527 - Summary

Authorizes Janice Middlebrooks, the widow of William James Middlebrooks, to file a retirement option election on behalf of her deceased husband.

2015-S3527 - Sponsor Memo

                                BILL NUMBER:S3527

TITLE OF BILL:

An act to authorize the widow of William James Middlebrooks to file a
retirement option election form

PURPOSE OR GENERAL IDEA OF THE BILL:

To allow Janice Middlebrooks to file an option election form on behalf
of her deceased husband William James Middlebrooks.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides that Janice Middlebrooks is authorized to file an
election option form on behalf of her late husband, William James
Middlebrooks who was an employee at the Albion Correctional Facility
until he was diagnosed with cancer. It allows Janice Middlebrooks to
file an ordinary disability claim on behalf of her late husband with a
retirement date of November 1, 2004 and that the benefits will
continue to Janice Middlebrooks for her lifetime. Immediate past
service cost of approximately $218,000 will be shared by the State of
New York and all participating employers in the New York State and
Local Employees' Retirement System.

Section 2 sets the effective date.

JUSTIFICATION:

This act is designed to provide financially assistance to the widow of
William James Middlebrooks, a New York State employee, whose dedicated
years of service was an asset to the Albion Correctional Facility and
passed away after his battle of cancer in 2006.  This act will
therefore provide Ms. Middlebrooks with the fiscal support intended
for use by Mr. Middlebrooks for retirement benefits, which ceased upon
his passing and when reinstated will be used by Ms.  Middlebrooks for
the remainder of her lifetime.

PRIOR LEGISLATIVE HISTORY:

S.1865 of 2014: Referred to Civil Service and Pensions

FISCAL IMPLICATIONS:

Pursuant to Legislative Law, Section 50, authorizing Janice
Middlebrooks to file a disability application with a date of
retirement of November 1, 2004 and receive disability retirement from
the period of 11/1/04-3/28/05 and will continue for the rest of her
lifetime.

If enacted the immediate service cost would be approximately $218,000,
shared by the State of New York and participating employers in the New
York State and Local Employees' Retirement System

This estimate, dated February 5, 2015 and intended for the use of the
2015 Legislative Session, is Fiscal Note No. 2015-59, prepared by the
Actuary for the New York State and Local Employees' Retirement System.


EFFECTIVE DATE:

Effective immediately

2015-S3527 - Bill Text download pdf

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

                                  3527

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 11, 2015
                               ___________

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

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, 2015 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.--
  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
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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01390-03-5

S. 3527                             2

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 $218,000 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, 2014 actuarial valu-
ation.  Distributions and other statistics can  be  found  in  the  2014
Report  of  the  Actuary  and  the  2014  Comprehensive Annual Financial
Report.
  The actuarial assumptions and methods used are described in the  2010,
2011,  2012, 2013 and 2014 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, 2014
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 5,  2015,  and  intended  for  use  only
during  the  2015  Legislative  Session,  is  Fiscal  Note  No. 2015-59,
prepared by the Actuary for the New  York  State  and  Local  Employees'
Retirement System.

2015-S3527A (ACTIVE) - Details

See Assembly Version of this Bill:: A6100
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5072
2011-2012: S3230, A7709
2013-2014: S1865, A3704
2017-2018: S4752, A5462
2019-2020: S3759, A6836
2021-2022: S4860, A4778
2023-2024: S5633, A7222

2015-S3527A (ACTIVE) - Summary

Authorizes Janice Middlebrooks, the widow of William James Middlebrooks, to file a retirement option election on behalf of her deceased husband.

2015-S3527A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3527A

 TITLE OF BILL :

An act to authorize the widow of William James Middlebrooks to file a
retirement option election form

 PURPOSE OR GENERAL IDEA OF THE BILL :

To allow Janice Middlebrooks to file an option election form on behalf
of her deceased husband William James Middlebrooks.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 provides that Janice Middlebrooks is authorized to file an
election option form on behalf of her late husband, William James
Middlebrooks who was an employee at the Albion Correctional Facility
until he was diagnosed with cancer. It allows Janice Middlebrooks to
file an ordinary disability claim on behalf of her late husband with a
retirement date of November 1, 2004 and that the benefits will
continue to Janice Middlebrooks for her lifetime. Immediate past
service cost of approximately $229,000 will be shared by the State of
New York and all participating employers in the New York State and
Local Employees' Retirement System.

Section 2 sets the effective date.

 JUSTIFICATION :

This act is designed to provide financially assistance to the widow of
William James Middlebrooks, a New York State employee, whose dedicated
years of service was an asset to the Albion Correctional Facility and
passed away after his battle of cancer in 2006. This act will
therefore provide Ms. Middlebrooks with the fiscal support intended
for use by Mr. Middlebrooks for retirement benefits, which ceased upon
his passing and when reinstated will be used by Ms.  Middlebrooks for
the remainder of her lifetime.

 PRIOR LEGISLATIVE HISTORY :

S.1865 of 2014: Referred to Civil Service and Pensions

 FISCAL IMPLICATIONS :

Pursuant to Legislative Law, Section 50, authorizing Janice
Middlebrooks to file a disability application with a date of
retirement of November 1, 2004 and receive disability retirement from
the period of 11/1/04-3/28/05 and will continue for the rest of her
lifetime.

If enacted the immediate service cost would be approximately $229,000,
shared by the State of New York and participating employers in the New
York State and Local Employees' Retirement System

This estimate, dated February 10, 2016 and intended for the use of the
2016 Legislative Session, is Fiscal Note No. 2016-57, prepared by the
Actuary for the New York State and Local Employees' Retirement System.

 EFFECTIVE DATE :
Effective immediately

2015-S3527A (ACTIVE) - Bill Text download pdf

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

                                 3527--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 11, 2015
                               ___________

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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01390-05-6

S. 3527--A                          2

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   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.

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