S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7059--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 4, 2019
                                ___________
 
 Introduced  by  M.  of  A. M. L. MILLER -- read once and referred to the
   Committee on Governmental Employees -- recommitted to the Committee on
   Governmental Employees in accordance with Assembly Rule 3, sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 AN ACT to authorize the widow of Howard  Mahler  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,
 Robin Garfinkle, the widow of Howard Mahler, who  was  employed  by  the
 Office  of  Alcoholism  and Substance Abuse Services and was a member of
 the New York state and local employees' retirement system, and who  died
 on December 23, 2014 prior to filing a retirement election form with the
 New York state and local employees' retirement system and after 28 years
 and  11 months of state service, 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 one year after the effective date of this
 act she shall submit a request therefor to  the  state  comptroller.  In
 addition,  Howard  Mahler's  date  of retirement shall be deemed to have
 been December 22, 2014.
   § 2. All costs shall be borne by the state of New York, and the amount
 payable to Robin Garfinkle shall  be  the  full  amount  otherwise  owed
 pursuant  to  the provisions of this act, except any amounts paid by the
 New York state and local employees' retirement system as the  result  of
 the  death  of  Howard  Mahler  prior to the filing of the request for a
 service retirement benefit pursuant to this act shall be  deducted  from
 the service retirement benefit payable thereafter.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09754-04-0
              

 A. 7059--A                          2
 
   This  bill  would deem Howard Mahler eligible for a service retirement
 benefit effective December 22, 2014, notwithstanding the  fact  that  he
 died  on  December  23,  2014. Robin Garfinkle, the widow of Mr. Mahler,
 shall be authorized to file a service retirement application with a date
 of retirement of December 22, 2014 and an option election form selecting
 the  joint  allowance full option on behalf of her deceased husband. The
 amount paid to Ms. Garfinkle shall be less any sums previously  paid  by
 the retirement system to any beneficiary of Mr. Mahler.
   If  this bill is enacted, there will be an immediate past service cost
 of approximately $1.01 million which will be borne by the State  of  New
 York  as  a  one-time  payment. This estimate is based on the assumption
 that payment will be made on March 1, 2021.
   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, 2019 actuarial valu-
 ation.  Distributions and other statistics can  be  found  in  the  2019
 Report  of  the  Actuary  and  the  2019  Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in the  2015,
 2016,  2017, 2018 and 2019 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, 2019
 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 February 20, 2020,  and  intended  for  use  only
 during  the  2020  Legislative  Session,  is  Fiscal  Note  No. 2020-55,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.