Bill Text: NY A09812 | 2013-2014 | General Assembly | Introduced
Bill Title: Authorizes the payment of ordinary disability retirement benefits by the New York state and local police and fire retirement system to the widow of Richard O'Brien.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-12-17 - signed chap.503 [A09812 Detail]
Download: New_York-2013-A09812-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9812 I N A S S E M B L Y May 23, 2014 ___________ Introduced by M. of A. ZEBROWSKI -- read once and referred to the Committee on Governmental Employees AN ACT authorizing the payment of ordinary disability retirement bene- fits by the New York state and local police and fire retirement system to the widow of Richard O'Brien THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Notwithstanding the provisions of any general or special 2 law, rule or regulation to the contrary, Richard O'Brien, who was last 3 employed by the New York state division of state police as an investi- 4 gator, and who was a member of the New York state and local police and 5 fire retirement system at the time of his death on December 7, 2009, and 6 who, for reasons not ascribed to his own negligence, failed to file a 7 timely application for the state police disability retirement benefit 8 provided by section 363-b of the retirement and social security law 9 prior to his death, shall be deemed to have timely filed an application 10 for the benefit on December 7, 2009 if, within one year of the effective 11 date of this act, Stephanie O'Brien, the widow of Richard O'Brien, files 12 with the state comptroller a written request to that effect and a 13 retirement option election form electing to receive retirement benefits 14 pursuant to the terms of the joint allowance-full option with Stephanie 15 O'Brien as the option beneficiary. The approval of said application for 16 a disability retirement benefit provided by section 363-b of the retire- 17 ment and social security law will constitute a waiver of any rights or 18 benefits to the pre-retirement ordinary death benefit payable upon the 19 death of a member in service pursuant to subdivision b of section 448 of 20 the retirement and social security law. Any amounts paid by the retire- 21 ment system as the result of the death of Richard O'Brien, whether to 22 his estate, to Stephanie O'Brien or to any other beneficiary prior to 23 the filing of the request for the disability retirement benefit shall be 24 deducted from the disability retirement benefit payable thereafter. 25 S 2. Any additional costs for this act shall be paid by the state of 26 New York. 27 S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15247-04-4 A. 9812 2 FISCAL NOTE.-- Pursuant to Legislative Law, Section 50: This bill would deem Richard O'Brien to have timely filed an applica- tion for a disability retirement benefit effective on December 7, 2009. Stephanie O'Brien shall be authorized to file for the disability retire- ment benefit on his behalf. Further, Stephanie O'Brien must waive all rights and benefits to the ordinary death benefits she would otherwise be entitled to receive. Any payments received from such ordinary death benefit will be deducted from the benefits payable under this legis- lation. If this bill is enacted, there would be a one-time cost to the State of New York of approximately $505,000. This estimate is based on the assumption that payment will be made on March 1, 2015. Summary of relevant resources: The membership data used in measuring the impact of the proposed change was the same as that used in the March 31, 2013 actuarial valu- ation. Distributions and other statistics can be found in the 2013 Report of the Actuary and the 2013 Comprehensive Annual Financial Report. The actuarial assumptions and methods used are described in the 2010, 2011, 2012 and 2013 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, 2013 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 statement of actuarial opinion contained herein. This estimate, dated May 14, 2014, and intended for use only during the 2014 Legislative Session, is Fiscal Note No. 2014-132, prepared by the Actuary for the New York State and Local Police and Fire Retirement System.