NY State Senate Bill 2021-S4285A

Senate Bill S4285A

2021-2022 Legislative Session

Deems Lawrence Lakeman to have died as a natural and proximate result of his participation in the World Trade Center rescue, recovery or cleanup operations

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

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.1803 committee discharged and committed to rules
May 26, 2022	print number 4285b
May 26, 2022	amend (t) and recommit to civil service and pensions
Feb 14, 2022	print number 4285a
Feb 14, 2022	amend and recommit to civil service and pensions
Jan 05, 2022	referred to civil service and pensions
Feb 03, 2021	referred to civil service and pensions

Votes

- Jun 1, 2022 - Floor Vote
  S4285A
  
  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
  S4285A
  
  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

B (Active)

co-Sponsors

2021-S4285 - Details

See Assembly Version of this Bill:: A9665
Current Committee:: Assembly Governmental Employees
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7883
2023-2024: S2519, A3052

2021-S4285 - Summary

Deems an application filed with the New York state and local police and fire retirement system by the widow of Lawrence Lakeman as timely filed.

2021-S4285 - Sponsor Memo

2021-S4285 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4285
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sens.  GALLIVAN, ORTT -- read twice and ordered printed,
   and when printed to be committed to the Committee on Civil Service and
   Pensions
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03934-02-1

 S. 4285                             2
 
 ered  by the New York State and Local Retirement System (NYSLRS) 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.
   If  this  bill  is  enacted during the 2021 legislative session, there
 will be an immediate past service cost of  approximately  $3.85  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, 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  January  21,  2021,  and intended for use only
 during the  2021  Legislative  Session,  is  Fiscal  Note  No.  2021-38,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.

co-Sponsors

View additional co-sponsors

2021-S4285A - Details

See Assembly Version of this Bill:: A9665
Current Committee:: Assembly Governmental Employees
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7883
2023-2024: S2519, A3052

2021-S4285A - Summary

Deems an application filed with the New York state and local police and fire retirement system by the widow of Lawrence Lakeman as timely filed.

2021-S4285A - Sponsor Memo

2021-S4285A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4285--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sens.  GALLIVAN, ORTT -- 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 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03934-04-2

 S. 4285--A                          2
 
 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.
   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.

co-Sponsors

View additional co-sponsors

2021-S4285B (ACTIVE) - Details

See Assembly Version of this Bill:: A9665
Current Committee:: Assembly Governmental Employees
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7883
2023-2024: S2519, A3052

2021-S4285B (ACTIVE) - Summary

Deems an application filed with the New York state and local police and fire retirement system by the widow of Lawrence Lakeman as timely filed.

2021-S4285B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4285B

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to deem an application filed with the New York state and local
police and fire retirement system by the widow of Lawrence Lakeman as
timely filed

 
PURPOSE:

This legislation would allow for the application for conversion of
service or disability retirement to accidental death benefits for
victims of the 2001 World Trade Center disaster filed by Audra Lakeman
on behalf of Lawrence Lakeman, who was granted a disability retirement
with the New York State and Local Police and Fire Retirement System to
be deemed timely.

 
SUMMARY OF PROVISIONS:

Section one permits that a request may be made, without being time-
barred, to convert such retiree's disability retirement benefit to an

accidental death benefit.

Section 2 states all costs of this act shall be paid, by the State of
New York.

Section 3 establishes the effective date.

 
JUSTIFICATION:

Lawrence Lakeman, a former trooper with the New York State Police was
deployed to Ground Zero after the September 11th, 2001 terrorist attacks
and worked on site until approximately December 14th, 2001.  Trooper
Lakeman subsequently developed pancreatic cancer, which was certified as
a qualifying condition by the federal government, via the World Trade
Center Health Program in February of 2014, and died as a result of such
illness that was sustained due to such deployment. This important legis-
lation will allow his widow, Mrs. Audra Lakeman, the ability to timely
file for an accidental death benefit.

 
LEGISLATIVE HISTORY:

2019-20: S.7883/A.9973 Referred to Civil Service and Pensions/Referred
to Governmental Employees

 
FISCAL IMPLICATIONS:

See fiscal note.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4285B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4285--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sens.  GALLIVAN,  AKSHAR, KENNEDY, ORTT, SAVINO, WEIK --
   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 committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  deem an application filed with the New York state and local
   police and fire retirement system by the widow of Lawrence Lakeman  as
   timely filed
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding the provisions of any  general  or  special
 law,  rule  or regulation to the contrary, an application for conversion
 of service or disability retirement to  accidental  death  benefits  for
 victims  of  the 2001 World Trade Center disaster filed by Audra Lakeman
 with the New York state and local police and fire retirement system,  on
 behalf  of  her  deceased  husband  Lawrence  Lakeman who was previously
 employed by the New York State Police as a trooper and who was granted a
 disability retirement benefit  on  April  24,  2007  which  pursuant  to
 section  361  of  the retirement and social security law had to be filed
 with such retirement system by August 24, 2009 but was filed on December
 16, 2016 shall be considered timely filed.
   § 2. All costs of implementing the provisions of  this  act  shall  be
 borne by the state of New York.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  deem  the  Application for Conversion of Service or
 Disability Retirement to Accidental Death Benefit  for  Victims  of  the
 2001  World Trade Center Disaster originally filed by Audra Lakeman, the

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03934-13-2

 S. 4285--B                          2
 
 beneficiary of deceased police officer Lawrence Lakeman's performance of
 duty disability benefit, on  December  16,  2016  to  be  timely  filed.
 Lawrence  Lakeman  died on August 24, 2007. Such application for conver-
 sion  is  required  to  be filed within two years of a retiree's date of
 death as provided in Section 361 of the Retirement and  Social  Security
 Law.
   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 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 26, 2022, and intended for use only during
 the 2022 Legislative Session, is Fiscal Note No. 2022-160,  prepared  by
 the Actuary for the New York State and Local Retirement System.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4285A

Share this bill

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2021-S4285 - Details

2021-S4285 - Summary

2021-S4285 - Sponsor Memo

2021-S4285 - Bill Text download pdf

co-Sponsors

2021-S4285A - Details

2021-S4285A - Summary

2021-S4285A - Sponsor Memo

2021-S4285A - Bill Text download pdf

co-Sponsors

2021-S4285B (ACTIVE) - Details

2021-S4285B (ACTIVE) - Summary

2021-S4285B (ACTIVE) - Sponsor Memo

2021-S4285B (ACTIVE) - Bill Text download pdf

Comments