S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9665
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by M. of A. WALLACE, NORRIS -- read once and referred to the
   Committee on Governmental Employees
 
 AN ACT deeming Lawrence Lakeman to have died as a natural and  proximate
   result of his participation in the World Trade Center rescue, recovery
   or cleanup operations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Notwithstanding any other provisions of law, rule or  regu-
 lation to the contrary, Lawrence Lakeman, who was previously employed by
 the  New York state police as a trooper and was a member of the New York
 state and local police and fire retirement system,  who  was  granted  a
 state  police disability retirement benefit on April 24, 2007 due to the
 incapacitation he sustained as a result  of  his  participation  in  the
 World  Trade  Center  rescue,  recovery  or cleanup operations, shall be
 deemed to have died as a natural and proximate result of such  incapaci-
 tation,  and  as such, his beneficiary, Audra Lakeman, shall be eligible
 to request and such request shall not be time barred, the conversion  of
 such  retiree's  state  police disability retirement benefit to an acci-
 dental death benefit, if such request to that effect is filed  with  the
 state comptroller within one year from the effective date of this act.
   §  2.  All  costs  of implementing the provisions of this act shall be
 borne by the state of New York and all participating  employers  in  the
 New York state and local police and fire retirement system.
   § 3. This act shall take effect immediately.
   FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
   This  bill  would  provide  Audra Lakeman, the beneficiary of deceased
 police officer Lawrence Lakeman's performance of duty  disability  bene-
 fit, the option to resubmit the Application for Conversion of Service or
 Disability  Retirement  to  Accidental  Death Benefit for Victims of the
 2001 World Trade Center Disaster, and that such application  be  consid-
 ered by the New York State and Local Retirement System without regard to
 the  requirement  that such application be filed within two years of the
 retiree's date of death as provided in Section 361 of the Retirement and
 Social Security Law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03934-06-2
 A. 9665                             2
 
   If this bill is enacted during the  2022  legislative  session,  there
 will  be  an  immediate past service cost of approximately $4.37 million
 which will be shared by the State of  New  York  and  the  participating
 employers  of  the  New  York State and Local Police and Fire Retirement
 System.  This  estimate  is based on the assumption that payment will be
 made on March 1, 2023.
   Summary of relevant resources:
   Membership data as of March 31, 2021 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2021 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2021 Report of the Actuary and the 2021 Comprehensive  Annual  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2020
 and 2021 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, 2021
 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  10,  2022, and intended for use only
 during the  2022  Legislative  Session,  is  Fiscal  Note  No.  2022-78,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.