NY State Senate Bill 2023-S5021A

Senate Bill S5021A

2023-2024 Legislative Session

Grants Lawrence Korzeniewski, the statutory beneficiary of Janice Korzeniewski, accidental death benefits

download bill text pdf

Current Bill Status - In Senate Committee Civil Service And Pensions 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 12, 2024	print number 5021a
Jan 12, 2024	amend and recommit to civil service and pensions
Jan 03, 2024	referred to civil service and pensions
Feb 21, 2023	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2023-S5021 - Details

See Assembly Version of this Bill:: A5824
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement

2023-S5021 - Summary

Grants Lawrence Korzeniewski, the statutory beneficiary of Janice Korzeniewski, accidental death benefits because Janice Korzeniewski was directed by her employer to return to work and contracted COVID-19 within 45 days of reporting to work and died from such disease.

2023-S5021 - Sponsor Memo

                                 
BILL NUMBER: S5021

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act granting Lawrence Korzeniewski, the statutory beneficiary of
Janice Korzeniewski, accidental death benefits

 
PURPOSE:

This bill permits Lawrence Korzeniewski, the statutory beneficiary of
Janice Korzeniewski, to change the retirement benefit to an accidental
death benefit.

 
SUMMARY OF PROVISIONS:

Section 1. Makes Lawrence Korzeniewski eligible to request conversion of
Janice Korzeniewski's retirement benefit into accidental death benefit
by means of filing a written request with the state comptroller for such
to be the case within one year of the passage of this act.

Section 2. Assumes all past service costs for implementing Section 1 of

the act to the state of New York.

Section 3. Establishes effective date.

 
JUSTIFICATION:

The onset of the COVID-19 Pandemic caused the state of New York to pass
Chapter 89 of the laws of 2020, which provided for an accidental death
benefit to active members of the New York State and Local Retirement
System directed to be present in their normal workplace or assigned
workplace on or after March 1, 2020 and who subsequently died from
COVID-19 as a result of being exposed to illness while in the workplace.

Janice Korzeniewski was such an employee in the Town of Lancaster. She
suffered a stroke and formally retired in August of 2020 before passing
away in October of that year. This legislation recognizes her long and
faithful service to the people of the State of New York by correcting a
deficiency of Chapter 89 of the laws of 2020 to grant Janice
Korzeniewski's widower, Lawrence Korzeniewski, the option to apply for
and receive an accidental death benefit on behalf of his wife.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

Immediate past service cost of approximately $148,000, 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, 2024.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5021 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5021
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2023
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT granting Lawrence  Korzeniewski,  the  statutory  beneficiary  of
   Janice Korzeniewski, accidental death benefits
 
   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 the  retirement  and
 social  security  law  or  of  any  general, special or local law to the
 contrary, Lawrence Korzeniewski, the  statutory  beneficiary  of  Janice
 Korzeniewski,  a  member  of  the  New  York  state and local employees'
 retirement system, who as directed by her employer worked from March  1,
 2020  through  April  16, 2020 and who contracted COVID-19 within forty-
 five days of reporting to work and died from the disease on October  19,
 2020,  as documented on such member's death certificate, shall be deemed
 eligible to request conversion of the  member's  service  or  disability
 retirement  benefit into an accidental death benefit, if within one year
 of the effective date of this act, he shall have filed a written request
 with the state comptroller.
   § 2. All past service 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 allow Lawrence Korzeniewski, the statutory beneficiary
 of deceased retiree Janice Korzeniewski, to request conversion of Janice
 Korzeniewski's service retirement benefit into an accidental death bene-
 fit. Janice Korzeniewski retired from  the  New  York  State  and  Local
 Employees'  Retirement  System  effective  August  10, 2020. The service
 retirement benefit is not currently eligible for conversion pursuant  to
 §607-i  of  the  Retirement  and Social Security Law, which requires the
 deceased to have retired prior to July 1, 2020.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04230-02-3
 S. 5021                             2

 
   If this bill is enacted during the  2023  legislative  session,  there
 will  be  an immediate past service cost of approximately $148,000 which
 will be borne by the State of New York as a one-time payment. This esti-
 mate assumes that payment will be made on March 1, 2024.
   Summary of relevant resources:
   Membership  data as of March 31, 2022 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2022 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2022  Report  of the Actuary and the 2022 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in the  2020,
 2021,  and  2022  Annual  Report to the Comptroller on Actuarial Assump-
 tions, 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, 2022
 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 16, 2023,  and  intended  for  use  only
 during  the  2023  Legislative  Session,  is  Fiscal  Note  No. 2023-51,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.

2023-S5021A (ACTIVE) - Details

See Assembly Version of this Bill:: A5824
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement

2023-S5021A (ACTIVE) - Summary

2023-S5021A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5021A

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act granting Lawrence Korzeniewski, the statutory beneficiary of
Janice Korzeniewski, accidental death benefits

 
PURPOSE:

This bill permits Lawrence Korzeniewski, the statutory beneficiary of
Janice Korzeniewski, to change the retirement benefit to an accidental
death benefit.

 
SUMMARY OF PROVISIONS:

Section 1. Makes Lawrence Korzeniewski eligible to request conversion of
Janice Korzeniewski's retirement benefit into accidental death benefit
by means of filing a written request with the state comptroller for such
to be the case within one year of the passage of this act.

Section 2. Assumes all past service costs for implementing Section 1 of

the act to the state of New York.

Section 3. Establishes effective date.

 
JUSTIFICATION:

The onset of the COVID-19 Pandemic caused the state of New York to pass
Chapter 89 of the laws of 2020, which provided for an accidental death
benefit to active members of the New York State and Local Retirement
System directed to be present in their normal workplace or assigned
workplace on or after March 1, 2020 and who subsequently died from
COVID-19 as a result of being exposed to illness while in the workplace.

Janice Korzeniewski was such an employee in the Town of Lancaster. She
suffered a stroke and formally retired in August of 2020 before passing
away in October of that year. This legislation recognizes her long and
faithful service to the people of the State of New York by correcting a
deficiency of Chapter 89 of the laws of 2020 to grant Janice
Korzeniewski's widower, Lawrence Korzeniewski, the option to apply for
and receive an accidental death benefit on behalf of his wife.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

See fiscal note.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5021A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5021--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2023
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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  granting  Lawrence  Korzeniewski,  the statutory beneficiary of
   Janice Korzeniewski, accidental death benefits
 
   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 the retirement and
 social security law or of any general,  special  or  local  law  to  the
 contrary,  Lawrence  Korzeniewski,  the  statutory beneficiary of Janice
 Korzeniewski, a member of  the  New  York  state  and  local  employees'
 retirement  system, who as directed by her employer worked from March 1,
 2020 through April 16, 2020 and who contracted  COVID-19  within  forty-
 five  days of reporting to work and died from the disease on October 19,
 2020, as documented on such member's death certificate, shall be  deemed
 eligible  to  request  conversion  of the member's service or disability
 retirement benefit into an accidental death benefit, if within one  year
 of the effective date of this act, he shall have filed a written request
 with the state comptroller.
   § 2. All past service 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 allow Lawrence Korzeniewski, the statutory beneficiary
 of deceased retiree Janice Korzeniewski, to request conversion of Janice
 Korzeniewski's service retirement benefit into an accidental death bene-
 fit.  Janice  Korzeniewski  retired  from  the  New York State and Local
 Employees' Retirement System effective  August  10,  2020.  The  service

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04230-03-4

 S. 5021--A                          2
 
 retirement  benefit is not currently eligible for conversion pursuant to
 § 607-i of the Retirement and Social Security Law,  which  requires  the
 deceased to have retired prior to July 1, 2020.
   If  this  bill  is  enacted during the 2024 Legislative Session, there
 will be an immediate past service cost of approximately  $174,000  which
 will be borne by the State of New York as a one-time payment. This esti-
 mate 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 January 10,  2024,  and  intended  for  use  only
 during  the  2024  Legislative  Session,  is  Fiscal  Note  No. 2024-54,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.

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