Bill Text: NY S05210 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes Susan Gillinder, the widow of Robert C. Ritchie, to file a new service retirement application and an option election form on behalf of her deceased husband with the New York state and local employees' retirement system.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-07-22 - referred to governmental employees [S05210 Detail]

Download: New_York-2019-S05210-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5210
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 16, 2019
                                       ___________
        Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
        AN ACT to authorize Susan Gillinder, the widow of Robert C.  Ritchie, 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:
     1    Section  1.  Notwithstanding any other provision of law to the contra-
     2  ry, Susan Gillinder, the widow of Robert C. Ritchie, who was a member of
     3  the New York state and local  employees'  retirement  system,  who  died
     4  after he filed for retirement but prior to his selected retirement date,
     5  shall  be authorized to file a new service retirement application and an
     6  option election form on behalf of her  deceased  husband  with  a  joint
     7  allowance  full  option,  if, within one year from the effective date of
     8  this act, she shall submit a request therefor to the state  comptroller.
     9  In  addition, his date of retirement shall be deemed to have been August
    10  15, 2016. Once such application is received, any rights or  benefits  to
    11  the  pre-retirement  ordinary  death benefit payable upon the death of a
    12  member in service pursuant to section 448 of the retirement  and  social
    13  security law shall be waived. Any amounts paid by the New York state and
    14  local  employees' retirement system as the result of the death of Robert
    15  C.  Ritchie prior to the filing of the request for a service  retirement
    16  benefit  pursuant  to  this  section  shall be deducted from the service
    17  retirement benefit payable thereafter.
    18    § 2. Any additional costs for this act shall be paid by the  state  of
    19  New York.
    20    § 3. This act shall take effect immediately.
          FISCAL NOTE. -- Pursuant to Legislature Law, Section 50:
          This  bill  would  deem  deceased member Robert C. Ritchie eligible to
        receive a service retirement  benefit  effective  on  August  15,  2016.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05851-02-9
        S. 5210                             2
        Susan  Gillinder  shall be authorized to file for the service retirement
        benefit on his behalf with a joint allowance full option. Upon enactment
        of this legislation, all rights and benefits to the ordinary death bene-
        fits  Susan  Gillinder  would  otherwise be entitled to receive shall be
        waived. Any payments received from such ordinary death benefit  will  be
        deducted from the benefits payable under this legislation.
          If  this  bill is enacted, there would be a one-time cost to the State
        of New York of approximately $350,000. This estimate  is  based  on  the
        assumption that payment will be made on March 1, 2020.
          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, 2018  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2018
        Report of the  Actuary  and  the  2018  Comprehensive  Annual  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2015,
        2016, 2017 and 2018  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, 2018
        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  January  10,  2019,  and intended for use only
        during the  2019  Legislative  Session,  is  Fiscal  Note  No.  2019-31,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.