NY State Senate Bill 2019-S4251A

Senate Bill S4251A

2019-2020 Legislative Session

Authorizes the widow of Howard Mahler 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 25, 2020	print number 4251a
Feb 25, 2020	amend and recommit to civil service and pensions
Jan 08, 2020	referred to civil service and pensions
Mar 05, 2019	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2019-S4251 - Details

See Assembly Version of this Bill:: A7059
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2935, A6515
2023-2024: A5676

2019-S4251 - Summary

Authorizes Robin Garfinkle, the widow of Howard Mahler, to file a retirement option election form on behalf of her deceased husband.

2019-S4251 - Sponsor Memo

                                
 
BILL NUMBER: S4251

SPONSOR: KAMINSKY
 
PURPOSE:

To allow Robin Garfinkle to file an option election form on behalf of
her deceased husband Howard Mahler.

 
SUMMARY OF PROVISIONS:

Section 1 authorizes Robin Garfinkle to file an election option form on
behalf of her late husband, Howard Mahler, who was employed by the
Office of Alcoholism and Substance Abuse Services and a member of the
NYS and local employees' retirement system. This bill allows Robin
Garfinkle to file an option election form on behalf of her deceased
husband with a joint allowance full option with a retirement date of
December 22, 2014. If this bill is enacted, an immediate past service
cost of $946,000 borne by New York State will be paid to Robin Garfin-
kle.

Section 2 sets the effective date.

 
JUSTIFICATION:

This act is designed to provide financial assistance to the widow of
Howard Mahler, who was employed by the Office of Alcoholism and
Substance Abuse Services and a member of the NYS and local employees'
retirement system. Mr. Mahler died on December 23, 2014 prior to filing
a retirement election form with New York state and local employees'
retirement system. This bill allows Robin Garfinkle to file an option
election form on behalf of her deceased husband with a joint allowance
full option with a retirement date of December 2 2, 2014. If this bill
is enacted, an immediate past service cost of $946,000 borne by New York
State will be paid to Robin Garfinkle.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Pursuant to Legislative Law, Section 50, authorizing Robin Garfinkle to
file a service retirement application with a date of retirement of
December 22, 2014 and an option election form selecting the join allow-
ance full option on behalf of her deceased husband. If this bill is
enacted, there will be an immediate past service cost of approximately
$946,000 which will be borne by the State of New York as a one-time
payment.

 
EFFECTIVE DATE:
Immediately

2019-S4251 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4251
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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 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:
   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

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

                                                            LBD09754-02-9

 S. 4251                             2
 
 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 $946,000 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, 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 March 1, 2019, and intended for use  only  during
 the  2019  Legislative  Session, is Fiscal Note No. 2019-85, prepared by
 the Actuary for the New York State and Local Retirement System.

2019-S4251A (ACTIVE) - Details

See Assembly Version of this Bill:: A7059
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2935, A6515
2023-2024: A5676

2019-S4251A (ACTIVE) - Summary

Authorizes Robin Garfinkle, the widow of Howard Mahler, to file a retirement option election form on behalf of her deceased husband.

2019-S4251A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4251A

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to authorize the widow of Howard Mahler to file a retirement
option election form

 
PURPOSE:

To allow Robin Garfinkle to file an option election form on behalf of
her deceased husband Howard Mahler.

 
SUMMARY OF PROVISIONS:

Section 1 authorizes Robin Garfinkle to file an election option form on
behalf of her late husband, Howard Mahler, who was employed by the
Office of Alcoholism and Substance Abuse Services and a member of the
NYS and local employees' retirement system. This bill allows Robin
Garfinkle to file an option election form on behalf of her deceased
husband with a joint allowance full option with a retirement date of

December 22, 2014. If this bill is enacted, an immediate past service
cost of $1.01M borne by New York State will be paid to Robin Garfinkle.

Section 2 sets the effective date.

 
JUSTIFICATION:

This act is designed to provide financial assistance to the widow of
Howard Mahler, who was employed by the Office of Alcoholism and
Substance Abuse Services and a member of the NYS and local employees'
retirement system. Mr. Mahler died on December 23, 2014 prior to filing
a retirement election form with New York state and local employees'
retirement system. This bill allows Robin Garfinkle to file an option
election form on behalf of her deceased husband with a joint allowance
full option with a retirement date of December 22, 2014. If this bill is
enacted, an immediate past service cost of $946,000 borne by New York
State will be paid to Robin Garfinkle.

 
LEGISLATIVE HISTORY:

2019: S4251 Civil service.

 
FISCAL IMPLICATIONS:

Pursuant to Legislative Law, Section 50, authorizing Robin Garfinkle to
file a service retirement application with a date of retirement of
December 22, 2014 and an option election form selecting the join allow-
ance full option on behalf of her deceased husband. 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.

 
EFFECTIVE DATE:
Immediately

2019-S4251A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4251--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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  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.

                                                            LBD09754-03-0

 S. 4251--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.

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