NY State Senate Bill 2023-S7324A

Senate Bill S7324A

2023-2024 Legislative Session

Authorizes the widow of Howard Mahler to file a retirement option election on behalf of her deceased husband

download bill text pdf

Current Bill Status - In Senate Committee Finance 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 07, 2024	reported and committed to finance
Apr 22, 2024	print number 7324a
Apr 22, 2024	amend and recommit to civil service and pensions
Jan 03, 2024	referred to civil service and pensions
May 19, 2023	referred to civil service and pensions

Votes

- May 7, 2024 - Civil Service And Pensions Committee Vote
  S7324A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: May 7, 2024
      
      aye (7)
      
      Addabbo Jr.
      
      Chu
      
      Gounardes
      
      Jackson
      
      Mattera
      
      Scarcella-Spanton
      
      Weik

Bill Amendments

Original

A (Active)

2023-S7324 - Details

See Assembly Version of this Bill:: A5676
Current Committee:: Senate Finance
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2019-2020: A7059
2021-2022: A6515

2023-S7324 - Summary

Authorizes Robin Garfinkle, the widow of Howard Mahler, to file a retirement option election on behalf of her deceased husband.

2023-S7324 - Sponsor Memo

                                 
BILL NUMBER: S7324

SPONSOR: CANZONERI-FITZPATRICK
 
TITLE OF BILL:

An act to authorize the widow of Howard Mahler to file a retirement
option election form

 
PURPOSE::

To allow Robin Garfinkle to file an option election form on behalf of
her deceased husband Howard Mahler.

 
SUMMARY OF PROVISIONS::

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.

 
JUSTIFICATION::

This act is designed to provide financial assistance to the widow of
Howard Mahler, who was employed by the Office of Alcoholism and
Substance Abuse Services and a member of the NYS and local employees'
retirement system. Mr. Mahler died on December 23, 2014 prior to filing
a retirement election form with New York state and local employees'
retirement system. This bill allows Robin Garfinkle to file an option
election form on behalf of her deceased husband with a joint allowance
full option with a retirement date of December 2 2, 2014. If this bill
is enacted, an immediate past service cost of $946,000 borne by New York
State will be paid to Robin Garfinkle.

 
LEGISLATIVE HISTORY::

2021-2022: S.2935A Passed Senate

2019-2020: S4251A Referred to Civil service.

 
FISCAL IMPLICATIONS::

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 2023 legislative session, there will
be an immediate past service cost of approximately $1.21 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, 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 actuarial
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.

 
EFFECTIVE DATE::

This act shall take effect immediately.

2023-S7324 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7324
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen.  CANZONERI-FITZPATRICK  --  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 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:
   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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09942-02-3

 S. 7324                             2
 
 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 2023 legislative session, there
 will be an immediate past service cost of  approximately  $1.21  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, 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 March 10, 2023, and intended for use only  during
 the  2023  Legislative  Session, is Fiscal Note No. 2023-91, prepared by
 the Actuary for the New York State and Local Retirement System.

2023-S7324A (ACTIVE) - Details

See Assembly Version of this Bill:: A5676
Current Committee:: Senate Finance
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2019-2020: A7059
2021-2022: A6515

2023-S7324A (ACTIVE) - Summary

Authorizes Robin Garfinkle, the widow of Howard Mahler, to file a retirement option election on behalf of her deceased husband.

2023-S7324A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7324A

SPONSOR: CANZONERI-FITZPATRICK
 
TITLE OF BILL:

An act to authorize the widow of Howard Mahler to file a retirement
option election form

 
PURPOSE::

To allow Robin Garfinkle to file an option election form on behalf of
her deceased husband Howard Mahler.

 
SUMMARY OF PROVISIONS::

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.

 
JUSTIFICATION::

This act is designed to provide financial assistance to the widow of
Howard Mahler, who was employed by the Office of Alcoholism and
Substance Abuse Services and a member of the NYS and local employees'
retirement system. Mr. Mahler died on December 23, 2014 prior to filing
a retirement election form with New York state and local employees'
retirement system. This bill allows Robin Garfinkle to file an option
election form on behalf of her deceased husband with a joint allowance
full option with a retirement date of December 2 2, 2014. If this bill
is enacted, an immediate past service cost of $946,000 borne by New York
State will be paid to Robin Garfinkle.

 
LEGISLATIVE HISTORY::

2021-2022: S.2935A Passed Senate

2019-2020: S4251A Referred to Civil service.

 
FISCAL IMPLICATIONS::

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 2023 legislative session, there will
be an immediate past service cost of approximately $1.21 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, 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 actuarial
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.

 
EFFECTIVE DATE::

This act shall take effect immediately.

2023-S7324A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7324--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen.  CANZONERI-FITZPATRICK  --  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
 
 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.
                                                            LBD09942-04-4

 S. 7324--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.

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