S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5676--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2023
                                ___________
 
 Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
   tee  on  Governmental  Employees  --  recommitted  to the Committee on
   Governmental Employees in accordance with Assembly Rule 3, sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 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.
                                                            LBD09942-03-4
 A. 5676--A                          2
              

 
   This  bill  would  deem  Howard  Mahler retired effective December 22,
 2014, notwithstanding their death on December 23, 2014. Robin Garfinkle,
 the widow of Howard Mahler,  shall  be  authorized  to  file  an  option
 election  form  selecting  the  joint allowance full option on behalf of
 their deceased husband. The amount paid to Robin Garfinkle shall be less
 any  sums  previously  paid  by  the New York State and Local Retirement
 System to any beneficiary of Howard Mahler.
   If this bill is enacted during the  2024  Legislative  Session,  there
 will  be  an  immediate past service cost of approximately $1.26 million
 which will be borne by the State of New York as a one-time payment. This
 estimate assumes that payment will be made on March 1, 2025.
   Summary of relevant resources:
   Membership data as of March 31, 2023 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2023 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2023 Report of the Actuary and the 2023 Annual  Comprehensive  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2023
 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, 2023
 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 April 9, 2024, and intended for use only during
 the 2024 Legislative Session, is Fiscal Note No. 2024-162,  prepared  by
 the Actuary for the New York State and Local Retirement System.