S T A T E   O F   N E W   Y O R K
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                                   5462
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2017
                                ___________
 
 Introduced  by  M.  of  A.  PEOPLES-STOKES,  RODRIGUEZ  -- read once and
   referred to the Committee on Governmental Employees
 
 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, 2018 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.
   § 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.  Middle-
 brooks 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 11/1/04
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00951-02-7

 A. 5462                             2
 
 - 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 $239,000 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, 2016 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2016
 Report  of  the  Actuary  and  the  2016  Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2015
 and  2016 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, 2016
 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 January 23,  2017,  and  intended  for  use  only
 during  the  2017  Legislative  Session,  is  Fiscal  Note  No. 2017-42,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.