S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6337
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2019
                                ___________
 
 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
   tee on Governmental Employees
 
 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 Legislature Law, Section 50:
   This bill would deem deceased member Robert  C.  Ritchie  eligible  to
 receive  a  service  retirement  benefit  effective  on August 15, 2016.

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

                                                            LBD05851-02-9

 A. 6337                             2
 
 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 bene-
 fits  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 $350,000. This estimate  is  based  on  the
 assumption that payment will be made on March 1, 2020.
   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, 2018  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2018
 Report of the  Actuary  and  the  2018  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, 2017 and 2018  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, 2018
 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  fiscal note does not constitute a legal opinion on the viability
 of the proposed change nor is it intended to serve as a  substitute  for
 the professional judgment of an attorney.
   This  estimate,  dated  January  10,  2019,  and intended for use only
 during the  2019  Legislative  Session,  is  Fiscal  Note  No.  2019-31,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.