NY State Senate Bill 2017-S5413A

Senate Bill S5413A

2017-2018 Legislative Session

Authorizes Susan Gillinder, the widow of Robert C. Ritchie, to file a new service retirement application and election form with the New York state and local employees' retirement system

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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
Apr 16, 2018	reported and committed to finance
Jan 04, 2018	print number 5413a
Jan 04, 2018	amend and recommit to civil service and pensions
Jan 03, 2018	referred to civil service and pensions returned to senate died in assembly
Jun 20, 2017	referred to ways and means delivered to assembly passed senate
Jun 05, 2017	advanced to third reading
May 24, 2017	2nd report cal.
May 23, 2017	1st report cal.1335
Mar 27, 2017	referred to civil service and pensions

Votes

- Jun 20, 2017 - Floor Vote
  S5413A
  
  62
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2017
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (1)
      
      DeFrancisco
  Apr 16, 2018 - Civil Service And Pensions Committee Vote
  S5413A
  
  10
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: Apr 16, 2018
      
      aye (10)
      
      Addabbo Jr.
      
      Benjamin
      
      Golden
      
      Lanza
      
      Ortt
      
      Persaud
      
      Phillips
      
      Ritchie
      
      Sanders Jr.
      
      Savino
      
      excused (1)
      
      Croci
  May 23, 2017 - Civil Service And Pensions Committee Vote
  S5413A
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: May 23, 2017
      
      aye (10)
      
      Addabbo Jr.
      
      Golden
      
      Lanza
      
      Ortt
      
      Persaud
      
      Phillips
      
      Ritchie
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      aye wr (1)
      
      Croci

Bill Amendments

Original

A (Active)

2017-S5413 - Details

See Assembly Version of this Bill:: A7847
Current Committee:: Senate Finance
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5210, A6337
2021-2022: S1607, A6497
2023-2024: S6553, A6534

2017-S5413 - Summary

Authorizes Susan Gillinder, the widow of Robert C. Ritchie, to file a new service retirement application and an option election form on behalf of her deceased husband with the New York state and local employees' retirement system.

2017-S5413 - Sponsor Memo

                                 BILL NUMBER:  S5413

 TITLE OF BILL :  An act to authorize Susan Gillinder, the widow of
Robert C.  Ritchie, to file a new service retirement application and
option election form with the New York state and local employees'
retirement system on behalf of such deceased member

 PURPOSE OR GENERAL IDEA OF BILL :

This bill allows Susan Gillinder, the widow of Robert C. Ritchie, to
file a new service retirement application and option election form on
behalf of her deceased husband with a joint allowance full option.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: Authorizes Susan Gillinder, the widow of Robert C. Ritchie,
to file a new service retirement application and option election form
with the New York state and local employees' retirement system on
behalf of her deceased husband with a joint allowance full option.

Section 2: Provides that all costs associated shall be borne by the
State of New York.

Section 3: Effective date.

 JUSTIFICATION :

In July of 2016 Robert C. Ritchie filed his retirement paperwork with
a joint allowance full option to ensure his wife, Susan Gillinder,
would receive his pension should he predecease her. The paperwork was
filed with a retirement date of September 30, 2016. Unfortunately,
Robert Ritchie passed away from cancer on August 16, 2016. Despite the
fact that Robert Ritchie submitted his retirement paperwork and
clearly designated his desire for his wife to receive his pension,
Susan Gillinder is only eligible to receive the in-service death
benefit. This bill addresses this unfortunate situation and allows
Susan Gillinder to file a new service retirement application and
option election form on behalf of Robert Ritchie with a retirement
date of August 15, 2016 and a joint allowance full option.

 PRIOR LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

The cost of this benefit is estimated to be $300,000 based on the
assumption that the payment will be made on March 1, 2018.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5413 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5413
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2017
                                ___________
 
 Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to authorize Susan Gillinder, the widow of Robert C.  Ritchie, to
   file a new service retirement application  and  option  election  form
   with  the  New  York  state  and local employees' retirement system on
   behalf of such deceased member
 
   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 contra-
 ry, Susan Gillinder, the widow of Robert C. Ritchie, who was a member of
 the New York state and local  employees'  retirement  system,  who  died
 after he filed for retirement but prior to his selected retirement date,
 shall  be authorized to file a new service retirement application and an
 option election form on behalf of her  deceased  husband  with  a  joint
 allowance  full  option,  if, within one year from the effective date of
 this act, she shall submit a request therefor to the state  comptroller.
 In  addition, his date of retirement shall be deemed to have been August
 15, 2016. Once such application is received, any rights or  benefits  to
 the  pre-retirement  ordinary  death benefit payable upon the death of a
 member in service pursuant to section 448 of the retirement  and  social
 security law shall be waived. Any amounts paid by the New York state and
 local  employees' retirement system as the result of the death of Robert
 C.  Ritchie prior to the filing of the request for a service  retirement
 benefit  pursuant  to  this  section  shall be deducted from the service
 retirement benefit payable thereafter.
   § 2. Any additional costs for this act shall be paid by the  state  of
 New York.
   § 3. This act shall take effect immediately.
   FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
   This  bill  will  deem  deceased  member Robert C. Ritchie eligible to
 receive a service retirement benefit effective on August 15, 2016. Susan

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

                                                            LBD09029-03-7

 S. 5413                             2
 
 Gillinder shall be authorized to file for the service retirement benefit
 on his behalf with a joint allowance full option. Upon enactment of this
 legislation, all rights and benefits  to  the  ordinary  death  benefits
 Susan  Gillinder would otherwise be entitled to receive shall be waived.
 Any payments received from such ordinary death benefit will be  deducted
 from the benefits payable under this legislation.
   If  this  bill is enacted, there would be a one-time cost to the State
 of New York of approximately $300,000. This estimate  is  based  on  the
 assumption that payment will be made on March 1, 2018.
   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 March 21, 2017, and intended for use only during
 the 2017 Legislative Session, is Fiscal Note No.  2017-55,  prepared  by
 the Actuary for the New York State and Local Retirement System.

2017-S5413A (ACTIVE) - Details

See Assembly Version of this Bill:: A7847
Current Committee:: Senate Finance
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5210, A6337
2021-2022: S1607, A6497
2023-2024: S6553, A6534

2017-S5413A (ACTIVE) - Summary

2017-S5413A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5413A

SPONSOR: BONACIC
 
TITLE OF BILL:  An act to authorize Susan Gillinder, the widow of
Robert C.  Ritchie, to file a new service retirement application and
option election form with the New York state and local employees'
retirement system on behalf of such deceased member

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill allows Susan Gillinder, the widow of Robert C. Ritchie, to
file a new service retirement application and option election form on
behalf of her deceased husband with a joint allowance full option.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Authorizes Susan Gillinder, the widow of Robert C. Ritchie,
to file a new service retirement application and option election form
with the New York state and local employees' retirement system on behalf
of her deceased husband with a joint allowance full option.

Section 2: Provides that all costs associated shall be borne by the
State of New York.

Section 3: Effective date.

 
JUSTIFICATION:

In July of 2016 Robert C. Ritchie filed his retirement paperwork with a
joint allowance full option to ensure his wife, Susan Gillinder, would
receive his pension should he predecease her. The paperwork was filed
with a retirement date of September 30, 2016. Unfortunately, Robert
Ritchie passed away from cancer on August 16, 2016. Despite the fact
that Robert Ritchie submitted his retirement paperwork and clearly
designated his desire for his wife to receive his pension, Susan Gillin-
der is only eligible to receive the in-service death benefit. This bill
addresses this unfortunate situation and allows Susan Gillinder to file
a new service retirement application and option election form on behalf
of Robert Ritchie with a retirement date of August 15, 2016 and a joint
allowance full option.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

The cost of this benefit is estimated to be $320,000 based on the
assumption that the payment will be made on March 1, 2019.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S5413A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5413--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2017
                                ___________
 
 Introduced  by  Sen. BONACIC -- 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 Susan Gillinder, the widow of Robert C.  Ritchie, to
   file  a  new  service  retirement application and option election form
   with the New York state and  local  employees'  retirement  system  on
   behalf of such deceased member
 
   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  contra-
 ry, Susan Gillinder, the widow of Robert C. Ritchie, who was a member of
 the  New  York  state  and  local employees' retirement system, who died
 after he filed for retirement but prior to his selected retirement date,
 shall be authorized to file a new service retirement application and  an
 option  election  form  on  behalf  of her deceased husband with a joint
 allowance full option, if, within one year from the  effective  date  of
 this  act, she shall submit a request therefor to the state comptroller.
 In addition, his date of retirement shall be deemed to have been  August
 15,  2016.  Once such application is received, any rights or benefits to
 the pre-retirement ordinary death benefit payable upon the  death  of  a
 member  in  service pursuant to section 448 of the retirement and social
 security law shall be waived. Any amounts paid by the New York state and
 local employees' retirement system as the result of the death of  Robert
 C.   Ritchie prior to the filing of the request for a service retirement
 benefit pursuant to this section shall  be  deducted  from  the  service
 retirement benefit payable thereafter.
   §  2.  Any additional costs for this act shall be paid by the state of
 New York.

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

                                                            LBD09029-04-7

 S. 5413--A                          2
 
   § 3. This act shall take effect immediately.
   FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
   This  bill  would  deem  deceased member Robert C. Ritchie eligible to
 receive a service retirement benefit effective on August 15, 2016. Susan
 Gillinder shall be authorized to file for the service retirement benefit
 on his behalf with a joint allowance full option. Upon enactment of this
 legislation, all rights and benefits  to  the  ordinary  death  benefits
 Susan  Gillinder would otherwise be entitled to receive shall be waived.
 Any payments received from such ordinary death benefit will be  deducted
 from the benefits payable under this legislation.
   If  this  bill is enacted, there would be a one-time cost to the State
 of New York of approximately $320,000. This estimate  is  based  on  the
 assumption that payment will be made on March 1, 2019.
   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, 2017  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2017
 Report of the  Actuary  and  the  2017  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, and 2017 Annual Report to the  Comptroller  on  Actuarial  Assump-
 tions,  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, 2017
 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  November  15,  2017, and intended for use only
 during the 2018 Legislative Session, is Fiscal Note No. 2018-4, prepared
 by the Actuary for the New York State and Local Retirement System.

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