NY State Senate Bill 2021-S2935A

Senate Bill S2935A

2021-2022 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 Assembly 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2022	referred to governmental employees delivered to assembly passed senate ordered to third reading cal.1743 committee discharged and committed to rules
May 17, 2022	print number 2935a
May 17, 2022	amend and recommit to civil service and pensions
Jan 05, 2022	referred to civil service and pensions
Jan 26, 2021	referred to civil service and pensions

Votes

- Jun 1, 2022 - Floor Vote
  S2935A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2022
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Jun 1, 2022 - Rules Committee Vote
  S2935A
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2022
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins

Bill Amendments

Original

A (Active)

2021-S2935 - Details

Current Committee:: Assembly Governmental Employees
Law Section:: Retirement
Versions Introduced in 2019-2020 Legislative Session:: S4251

2021-S2935 - Summary

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

2021-S2935 - Sponsor Memo

                                 
BILL NUMBER: S2935

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:

2020: S4251A. Kaminsky. Referred to Civil service.
2019: S4251.  Kaminsky. Referred to 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 joint 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

2021-S2935 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2935
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 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.

                                                            LBD03621-02-1

 S. 2935                             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 $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, 2022.
   Summary of relevant resources:
   Membership data as of March 31, 2020 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2020 actuari-
 al  valuation.    Distributions and other statistics can be found in the
 2020 Report of the Actuary and the 2020 Comprehensive  Annual  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2020
 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, 2020
 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  December  28,  2020, and intended for use only
 during the 2021 Legislative Session, is Fiscal Note No. 2021-2, prepared
 by the Actuary for the New York State and Local Retirement System.

2021-S2935A (ACTIVE) - Details

Current Committee:: Assembly Governmental Employees
Law Section:: Retirement
Versions Introduced in 2019-2020 Legislative Session:: S4251

2021-S2935A (ACTIVE) - Summary

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

2021-S2935A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2935A

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 $1.13 million borne by New
York State will be paid to Robin Garfinkle.

 
LEGISLATIVE HISTORY:

2020: S4251A. Kaminsky. Referred to Civil service.

2019: S4251. Kaminsky. Referred to 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 joint 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
$1.13 million which will be borne by the State of New York as a one-time
payment.

 
EFFECTIVE DATE:
Immediately

2021-S2935A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2935--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 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.
                                                            LBD03621-03-2

 S. 2935--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 Howard 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 the deceased. The amount
 paid to Robin Garfinkle shall be less any sums previously  paid  by  the
 retirement system to any beneficiary of Howard Mahler.
   If  this  bill  is  enacted during the 2022 legislative session, there
 will be an immediate past service cost of  approximately  $1.13  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, 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  May 12, 2022, and intended for use only during
 the 2022 Legislative Session, is Fiscal Note No. 2022-141,  prepared  by
 the Actuary for the New York State and Local Retirement System.

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