NY State Senate Bill 2023-S5633

Senate Bill S5633

2023-2024 Legislative Session

Authorizes the widow of William James Middlebrooks to file a retirement option election on behalf of her deceased husband

download bill text pdf

Current Bill Status - Stricken

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
May 06, 2024	recommit, enacting clause stricken
Mar 20, 2024	print number 5633a
Mar 20, 2024	amend and recommit to civil service and pensions
Jan 03, 2024	referred to civil service and pensions returned to senate died in assembly
Jun 07, 2023	referred to governmental employees delivered to assembly passed senate ordered to third reading cal.1676 committee discharged and committed to rules
Mar 10, 2023	referred to civil service and pensions

Votes

- Jun 7, 2023 - Floor Vote
  S5633
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Cooney
      
      Felder
  Jun 7, 2023 - Rules Committee Vote
  S5633
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 7, 2023
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas

Bill Amendments

Original

A (Active)

2023-S5633 - Details

See Assembly Version of this Bill:: A7222
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5072
2011-2012: S3230, A7709
2013-2014: S1865, A3704
2015-2016: S3527, A6100
2017-2018: S4752, A5462
2019-2020: S3759, A6836
2021-2022: S4860, A4778

2023-S5633 - Summary

Authorizes Janice Middlebrooks, the widow of William James Middlebrooks, to file a retirement option election on behalf of her deceased husband.

2023-S5633 - Sponsor Memo

                                 
BILL NUMBER: S5633

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to authorize the widow of William James Middlebrooks to file a
retirement option election form

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow Janice Middlebrooks to file an option election form on behalf
of her deceased husband William James Middlebrooks.

 
SUMMARY OF PROVISIONS:

Section 1 provides that Janice Middlebrooks is authorized to file an
election option form on behalf of her late husband, William James
Middlebrooks who was an employee at the Albion Correctional Facility
until he was diagnosed with cancer. It allows Janice Middlebrooks to
file an ordinary disability claim on behalf of her late husband with a
retirement date of November 1, 2004 and that the benefits will continue
to Janice Middlebrooks for her lifetime Immediate past service cost of

approximately $441,000 will be shared by the State of New York and all
participating employers in the New York State and Local Employees'
Retirement System.

Section 2 sets the effective date.

 
JUSTIFICATION:

This act is designed to provide financially assistance to the widow of
William James Middlebrooks, a New York State employee, whose dedicated
years of service was an asset to the Albion Correctional Facility and
passed away after his battle of cancer in 2006. This act will therefore
provide Ms. Middlebrooks with the fiscal support intended for use by Mr.
Middlebrooks for retirement benefits, which ceased upon his passing and
when reinstated will be used by Ms.  Middlebrooks for the remainder of
her lifetime.

 
PRIOR LEGISLATIVE HISTORY:

A7709A - 2011/2012

A3704 - 2013/2014

A6100A - 2015/2016

S.4752/A5462 - 2017/2018

S.3759/A6836 - 2019/2020 S.4860A/A.4778A - 2021/22

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Pursuant to Legislative Law, Section 50: This bill would authorize
Janice Middlebrooks to file an ordinary disability application with a
date of retirement of November 1, 2004 and an option election form with
a joint allowance full option on behalf of her deceased husband William
James Middlebrooks. Mr. Middlebrooks received a disability retirement
which was paid beginning on 3/28/2005. Upon his death all payments
ceased because no option election form was filed. By filing the disabil-
ity application and an option election form, an additional benefit will
be paid for the period 11/1/04 - 3/28/05 and a benefit will continue to
Janice Middlebrooks for her lifetime.

If this bill is enacted, there will be an immediate past service cost of
approximately $441,000 which will be shared by the State of New York and
all of the participating employers in the New York State and Local
Employees' Retirement System. See Fiscal Note.

 
EFFECTIVE DATE:
Immediately.

2023-S5633 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5633
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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 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, 2023 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 toLegislative Law, Section 50:
   This bill would authorize Janice  Middlebrooks  to  file  an  ordinary
 disability application with a date of retirement of November 1, 2004 and
 an  option election form with a joint allowance full option on behalf of
 their deceased husband William James Middlebrooks. The deceased received
 a disability retirement which was paid beginning on March 28, 2005. Upon
 death all payments ceased because no option election form was filed.  By
 filing  the disability application and an option election form, an addi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01651-02-3

 S. 5633                             2
 
 tional benefit will be paid for the period beginning on November 1, 2004
 and ending on March 28,  2005,  and  a  benefit  continuance  to  Janice
 Middlebrooks for their lifetime.
   If  this  bill  is  enacted during the 2023 legislative session, there
 will be an immediate past service cost of approximately  $441,000  which
 will  be  shared  by  the State of New York and all of the participating
 employers in the New York State and Local Employees' Retirement  System.
 This estimate assumes that payment will be made on February 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 28, 2023,  and  intended  for  use  only
 during  the  2023  Legislative  Session,  is  Fiscal  Note  No. 2023-80,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.

2023-S5633A (ACTIVE) - Details

See Assembly Version of this Bill:: A7222
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5072
2011-2012: S3230, A7709
2013-2014: S1865, A3704
2015-2016: S3527, A6100
2017-2018: S4752, A5462
2019-2020: S3759, A6836
2021-2022: S4860, A4778

2023-S5633A (ACTIVE) - Summary

Authorizes Janice Middlebrooks, the widow of William James Middlebrooks, to file a retirement option election on behalf of her deceased husband.

2023-S5633A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5633A

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to authorize the widow of William James Middlebrooks to file a
retirement option election form

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow Janice Middlebrooks to file an option election form on behalf
of her deceased husband William James Middlebrooks.

 
SUMMARY OF PROVISIONS:

Section 1 provides that Janice Middlebrooks is authorized to file an
election option form on behalf of her late husband, William James
Middlebrooks who was an employee at the Albion Correctional Facility
until he was diagnosed with cancer. It allows Janice Middlebrooks to
file an ordinary disability claim on behalf of her late husband with a
retirement date of November 1, 2004 and that the benefits will continue
to Janice Middlebrooks for her lifetime Immediate past service cost of

approximately $456,000 will be shared by the State of New York and all
participating employers in the New York State and Local Employees'
Retirement System.

Section 2 sets the effective date.

 
JUSTIFICATION:

This act is designed to provide financially assistance to the widow of
William James Middlebrooks, a New York State employee, whose dedicated
years of service was an asset to the Albion Correctional Facility and
passed away after his battle of cancer in 2006. This act will therefore
provide Ms. Middlebrooks with the fiscal support intended for use by Mr.
Middlebrooks for retirement benefits, which ceased upon his passing and
when reinstated will be used by Ms.  Middlebrooks for the remainder of
her lifetime.

 
PRIOR LEGISLATIVE HISTORY:

A7709A - 2011/2012

A3704 - 2013/2014

A6100A - 2015/2016

S.4752/A5462 - 2017/2018

S.3759/A6836 - 2019/2020 S.4860A/A.4778A - 2021/22

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Pursuant to Legislative Law, Section 50: This bill would authorize
Janice Middlebrooks to file an ordinary disability application with a
date of retirement of November 1, 2004 and an option election form with
a joint allowance full option on behalf of her deceased husband William
James Middlebrooks. Mr. Middlebrooks received a disability retirement
which was paid beginning on 3/28/2005. Upon his death all payments
ceased because no option election form was filed. By filing the disabil-
ity application and an option election form, an additional benefit will
be paid for the period 11/1/04 - 3/28/05 and a benefit will continue to
Janice Middlebrooks for her lifetime.

If this bill is enacted, there will be an immediate past service cost of
approximately $456,000 which will be shared by the State of New York and
all of the participating employers in the New York State and Local
Employees' Retirement System. See Fiscal Note.

 
EFFECTIVE DATE:
Immediately.

2023-S5633A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5633--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01651-04-4

 S. 5633--A                          2
 
 application  for  disability  retirement  shall be deemed to have become
 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.

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