NY State Senate Bill 2017-S4752

Senate Bill S4752

2017-2018 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to civil service and pensions
Feb 27, 2017	referred to civil service and pensions

2017-S4752 (ACTIVE) - Details

See Assembly Version of this Bill:: A5462
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
2015-2016: S3527, A6100
2019-2020: S3759, A6836
2021-2022: S4860, A4778
2023-2024: S5633, A7222

2017-S4752 (ACTIVE) - Summary

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

2017-S4752 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4752

 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
S.3527A:  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 $239,000,
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

2017-S4752 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4752
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2017
                                ___________
 
 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, 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

 S. 4752                             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.

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