S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5210--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 16, 2019
                                ___________
 
 Introduced  by  Sen. METZGER -- 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.
              

                                                            LBD05851-03-0

 S. 5210--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 $391,000. 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 March 27, 2020, and intended for use only  during
 the  2020  Legislative Session, is Fiscal Note No. 2020-100, prepared by
 the Actuary for the New York State and Local Retirement System.