NY State Senate Bill 2025-S7119

Senate Bill S7119

2025-2026 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 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 01, 2025	referred to civil service and pensions

2025-S7119 (ACTIVE) - Details

See Assembly Version of this Bill:: A7336
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2019-2020: A7059
2021-2022: A6515
2023-2024: S7324, A5676

2025-S7119 (ACTIVE) - Summary

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

2025-S7119 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7119

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:

2023-24: S7324A Reported to Finance

2021-22: S.2935A Passed Senate

2019-20: 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 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 actuarial
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.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S7119 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7119
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 1, 2025
                                ___________
 
 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,  would  be  authorized to file an option

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

 S. 7119                             2
 
 election form selecting the joint allowance full  option  on  behalf  of
 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.

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