NY State Senate Bill 2023-S9631A

Senate Bill S9631A

2023-2024 Legislative Session

Authorizes Michael Winston Hoard, the widower of Kathy Marie Dwyer-Hoard, to file a new service retirement application and election form with the New York state and local employees' retirement system

download bill text pdf

Current Bill Status - In Assembly 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
Jun 07, 2024	referred to governmental employees
Jun 06, 2024	delivered to assembly passed senate ordered to third reading cal.1901 committee discharged and committed to rules
May 29, 2024	print number 9631a
May 29, 2024	amend and recommit to civil service and pensions
May 16, 2024	referred to civil service and pensions

Votes

- Jun 6, 2024 - Floor Vote
  S9631A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2024
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      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
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Walczyk

Bill Amendments

Original

A (Active)

2023-S9631 - Details

See Assembly Version of this Bill:: A10546
Current Committee:: Assembly Governmental Employees
Law Section:: Retirement

2023-S9631 - Summary

Authorizes Michael Winston Hoard, the widower of Kathy Marie Dwyer-Hoard, to file a new service retirement application and an option election form on behalf of his deceased wife with the New York state and local employees' retirement system.

2023-S9631 - Sponsor Memo

                                 
BILL NUMBER: S9631

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act in relation to authorizing Michael Winston Hoard, the widower of
Kathy Marie Dwyer-Hoard, to file a new service retirement application
and option election form with the New York state and local employees'
retirement system on behalf of such deceased member

 
PURPOSE OR GENERAL IDEA OF BILL:

To authorize Michael Winston Hoard, the widower of Kathy Marie Dwyer-
Hoard, to file a new service retirement application and election form
with the New York state and local employees' retirement system

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Authorizes Michael Winston Hoard, the widower of Kathy Marie
Dwyer-Hoard, who was a member of the New York state and local employees'
retirement system, to file a new service retirement application and an
option election form on behalf of his deceased wife with a joint allow-

ance full option.

Section 2: Establishes that additional costs for this act shall be paid
by the state of New York.

Section 3: Sets the effective date.

 
JUSTIFICATION:

Currently, a member of the state and local employees' retirement system
who files a retirement application must wait at least 15 days before the
retirement may become active. There are tragic stories where a member of
the system who filed their retirement application died before the appli-
cation became effective. This loophole deprives their families of the
ability to obtain their pension but will receive the death benefit; a
lower beneficiary payment.

Tragically, Kathy Dwyer-Hoard and Michael Hoard found themselves in this
tragic situation. Kathy worked for New York State for 38 years.

On October 18, 2019, in her hospital room at Orange Regional Medical
Center in Middletown, NY, before a notary, she signed her retirement
paperwork. On October 19, 2019, her husband Michael mailed the forms to
the New York State and Local Retirement System. Kathy chose October 21,
2019 as her retirement date. On October 25, 2019, Kathy passed away,
eight days shy of what the current law says she must live for her family
to receive her pension benefits.

Because 15 days did not pass after filing the retirement application,
her retirement application was not deemed effective and her husband
Michael received a death benefit rather than pension benefits. This bill
would allow Mr. Hoard to be granted the pension benefits he so rightly
deserves.

 
PRIOR LEGISLATIVE HISTORY:

New Bill
 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9631 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9631
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT in relation to authorizing Michael Winston Hoard, the widower  of
   Kathy  Marie Dwyer-Hoard, to file a new service retirement application
   and option election form with the New York state and local  employees'
   retirement system on behalf of such deceased member

   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,
 Michael Winston Hoard, the widower of Kathy Marie Dwyer-Hoard, who was a
 member of the New York state and local employees' retirement system, who
 died after she commenced the filing  of  paperwork  for  retirement  but
 prior to her selected retirement date, shall be authorized to file a new
 service  retirement application and an option election form on behalf of
 his deceased wife with a joint allowance full  option,  if,  within  one
 year  from  the  effective  date  of this act, he shall submit a request
 therefor to the state comptroller. In addition, her date  of  retirement
 shall be deemed to have been October 21, 2019.  Once such application is
 received,  any  rights  or benefits to the pre-retirement ordinary death
 benefit payable upon the death  of  a  member  in  service  pursuant  to
 section  448  of the retirement and social security law shall be waived.
 Any amounts paid by the New York state and local  employees'  retirement
 system  as  the  result of the death of Kathy Marie Dwyer-Hoard prior to
 the filing of the request for a service retirement benefit  pursuant  to
 this section shall be deducted from the service retirement benefit paya-
 ble thereafter.
   §  2.  Any additional costs for this act shall be paid by the state of
 New York.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15629-01-4

2023-S9631A (ACTIVE) - Details

See Assembly Version of this Bill:: A10546
Current Committee:: Assembly Governmental Employees
Law Section:: Retirement

2023-S9631A (ACTIVE) - Summary

2023-S9631A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9631A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act in relation to authorizing Michael Winston Hoard, the widower of
Kathy Marie Dwyer-Hoard, to file a new service retirement application
and option election form with the New York state and local employees'
retirement system on behalf of such deceased member

 
PURPOSE OR GENERAL IDEA OF BILL:

To authorize Michael Winston Hoard, the widower of Kathy Marie Dwyer-
Hoard, to file a new service retirement application and election form
with the New York state and local employees' retirement system

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Authorizes Michael Winston Hoard, the widower of Kathy Marie
Dwyer-Hoard, who was a member of the New York state and local employees'
retirement system, to file a new service retirement application and an
option election form on behalf of his deceased wife with a joint allow-

ance full option.

Section 2: Establishes that additional costs for this act shall be paid
by the state of New York.

Section 3: Sets the effective date.

 
JUSTIFICATION:

Currently, a member of the state and local employees' retirement system
who files a retirement application must wait at least 15 days before the
retirement may become active. There are tragic stories where a member of
the system who filed their retirement application died before the appli-
cation became effective. This loophole deprives their families of the
ability to obtain their pension but will receive the death benefit; a
lower beneficiary payment.

Tragically, Kathy Dwyer-Hoard and Michael Hoard found themselves in this
tragic situation. Kathy worked for New York State for 38 years.

On October 18, 2019, in her hospital room at Orange Regional Medical
Center in Middletown, NY, before a notary, she signed her retirement
paperwork. On October 19, 2019, her husband Michael mailed the forms to
the New York State and Local Retirement System. Kathy chose October 21,
2019 as her retirement date. On October 25, 2019, Kathy passed away,
eight days shy of what the current law says she must live for her family
to receive her pension benefits.

Because 15 days did not pass after filing the retirement application,
her retirement application was not deemed effective and her husband
Michael received a death benefit rather than pension benefits. This bill
would allow Mr. Hoard to be granted the pension benefits he so rightly
deserves.

 
PRIOR LEGISLATIVE HISTORY:

New Bill
 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9631A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9631--A
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT in relation to authorizing Michael Winston Hoard, the widower of
   Kathy Marie Dwyer-Hoard, to file a new service retirement  application
   and  option election form with the New York state and local employees'
   retirement system on behalf of such deceased member
 
   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,
 Michael Winston Hoard, the widower of Kathy Marie Dwyer-Hoard, who was a
 member of the New York state and local employees' retirement system, who
 died  after  she  commenced  the  filing of paperwork for retirement but
 prior to her selected retirement date, shall be authorized to file a new
 service retirement application and an option election form on behalf  of
 his  deceased  wife  with  a joint allowance full option, if, within one
 year from the effective date of this act,  he  shall  submit  a  request
 therefor  to  the state comptroller. In addition, her date of retirement
 shall be deemed to have been October 21, 2019.  Once such application is
 received, any rights or benefits to the  pre-retirement  ordinary  death
 benefit  payable  upon  the  death  of  a  member in service pursuant to
 section 448 of the retirement and social security law shall  be  waived.
 Any  amounts  paid by the New York state and local employees' retirement
 system as the result of the death of Kathy Marie  Dwyer-Hoard  prior  to
 the  filing  of the request for a service retirement benefit pursuant to
 this section shall be deducted from the service retirement benefit paya-
 ble thereafter.
   § 2. Any additional costs for this act shall be paid by the  state  of
 New York.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  authorize  Michael  Winston  Hoard,  the widower of
 deceased member Kathy Marie Dwyer-Hoard, to file a new  service  retire-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15629-02-4
 S. 9631--A                          2
 
 ment application and option election form on behalf of the deceased with
 the New York State and Local Employees' Retirement System (NYSLERS). The
 date of retirement will be October 21, 2019, four days prior to the date
 of death of Kathy Marie Dwyer-Hoard. The option election will be a joint
 allowance  full.  Any  rights  and benefits to an ordinary death benefit
 payable upon the death of Kathy Marie Dwyer-Hoard shall be  waived.  Any
 such  death  benefit  paid  by  the NYSLERS prior to the filing of a new
 service retirement application will be deducted from the benefits  paya-
 ble under this legislation.
   If  this  bill  is  enacted during the 2024 Legislative Session, there
 will be an immediate past service cost of approximately  $458,000  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 May 29, 2024, and intended for  use  only  during
 the  2024  Legislative Session, is Fiscal Note No. 2024-187, prepared by
 the Actuary for the New York State and Local Retirement System.

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