S T A T E   O F   N E W   Y O R K
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                                  7222--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 15, 2023
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee 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 William James Middlebrooks  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,
 Janice Middlebrooks, the widow of William  James  Middlebrooks  who  was
 employed  by  the  Albion Correctional Facility, was a member of the New
 York state and local employees' retirement system,  was  diagnosed  with
 cancer in January of 2004, was advised on October 31, 2004 that he would
 be  unable  to  return to employment as the result of his malignancy and
 the treatment therefor, and died on December 3, 2006 prior to  filing  a
 retirement  election  form  with the New York state and local employees'
 retirement system, 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 December 31, 2024 she shall submit a  request  therefor  to
 the  state  comptroller.    In  addition, his application for disability
 retirement shall be deemed to have become effective on November 1, 2004.
 All retirement benefits payable pursuant to the provisions of  this  act
 shall  be  paid  to  Janice Middlebrooks and shall be in addition to any
 other death benefits paid.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would  authorize  Janice  Middlebrooks  to  file  an  option
 election  form  with  a  joint  allowance full option on behalf of their
 deceased husband William James Middlebrooks. In addition, the deceased's
 application for disability retirement shall be  deemed  to  have  become

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01651-05-4
              

 A. 7222--A                          2
 
 effective  on  November  1,  2004.  The  deceased  was paid a disability
 retirement benefit beginning on March 28, 2005. All payments ceased upon
 death because no option election form had been filed. If  this  bill  is
 enacted,  and a new option election form is filed, an additional benefit
 will be paid to Janice Middlebrooks for the period beginning on November
 1, 2004 and ending on March 28, 2005  and  a  benefit  continuance  will
 begin to be paid to them for their lifetime.
   If  this  bill  is  enacted  during  the 2024 Legislative Session, and
 Janice Middlebrooks timely files  the  required  option  election  form,
 there  will  be an immediate past service cost of approximately $456,000
 which will be shared by the State of New York and all local  participat-
 ing  employers  in  the  New  York State and Local Employees' Retirement
 System.
   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 March 4, 2024, and intended for use only during
 the 2024 Legislative Session, is Fiscal Note No. 2024-130,  prepared  by
 the Actuary for the New York State and Local Retirement System.