S T A T E   O F   N E W   Y O R K
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                                   6836
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 21, 2019
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- 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, 2019 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.--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
 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.
              

                                                            LBD03586-02-9

 A. 6836                             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 $257,000 which will be shared by the State of New  York
 and  all participating employers in the New York State and Local Employ-
 ees' 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, 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 9, 2019, and intended for use only during
 the 2019 Legislative Session, is Fiscal Note No.  2019-14,  prepared  by
 the Actuary for the New York State and Local Retirement System.