S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7336
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2025
                                ___________
 
 Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
   tee on Governmental Employees
 
 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,  would  be  authorized to file an option
 election form selecting the joint allowance full  option  on  behalf  of

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04681-02-5
              

 A. 7336                             2
 
 their  deceased  husband.  The  amount  paid to Robin Garfinkle shall be
 reduced by 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 2025 Legislative Session, there
 will be an immediate past service cost of  approximately  $1.33  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, 2026.
   Summary of relevant resources:
   Membership  data as of March 31, 2024 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2024 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2024  Report  of the Actuary and the 2024 Annual Comprehensive Financial
 Report.  The actuarial assumptions and methods used are described in the
 2024 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, 2024 New York State and Local Retirement System Financial Statements
 and Supplementary Information.
   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 19, 2025, and intended for use only during
 the 2025 Legislative Session, is Fiscal Note No. 2025-94. As Chief Actu-
 ary of the New York State and Local Retirement System, I, Aaron Schottin
 Young, hereby certify that this analysis complies with applicable  Actu-
 arial  Standards of Practice as well as the Code of Professional Conduct
 and Qualification Standards for Actuaries Issuing Statements of Actuari-
 al Opinion of the American Academy of Actuaries, of which I am a member.