Bill Text: NY S07883 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Deems Lawrence Lakeman to have died as a natural and proximate result of his participation in the World Trade Center rescue, recovery or cleanup operations and grants his beneficiary Audra Lakeman the ability to convert such retiree's state police disability retirement benefit to an accidental death benefit.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-02-28 - REFERRED TO CIVIL SERVICE AND PENSIONS [S07883 Detail]

Download: New_York-2019-S07883-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          7883

                    IN SENATE

                                    February 28, 2020
                                       ___________

        Introduced  by  Sens.  GALLIVAN, ORTT -- read twice and ordered printed,
          and when printed to be committed to the Committee on Civil Service and
          Pensions

        AN ACT deeming Lawrence Lakeman to have died as a natural and  proximate
          result of his participation in the World Trade Center rescue, recovery
          or cleanup operations

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Notwithstanding any other provisions of law, rule or  regu-
     2  lation to the contrary, Lawrence Lakeman, who was previously employed by
     3  the  New York state police as a trooper and was a member of the New York
     4  state and local police and fire retirement system,  who  was  granted  a
     5  state  police disability retirement benefit on April 24, 2007 due to the
     6  incapacitation he sustained as a result  of  his  participation  in  the
     7  World  Trade  Center  rescue,  recovery  or cleanup operations, shall be
     8  deemed to have died as a natural and proximate result of such  incapaci-
     9  tation,  and  as such, his beneficiary, Audra Lakeman, shall be eligible
    10  to request and such request shall not be time barred, the conversion  of
    11  such  retiree's  state  police disability retirement benefit to an acci-
    12  dental death benefit, if such request to that effect is filed  with  the
    13  state comptroller within one year from the effective date of this act.
    14    §  2.  All  costs  of implementing the provisions of this act shall be
    15  borne by the state of New York and all participating  employers  in  the
    16  New York state and local police and fire retirement system.
    17    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  will  provide  Audra  Lakeman, the beneficiary of deceased
        police officer Lawrence Lakeman's performance of duty  disability  bene-
        fit, the option to resubmit the Application for Conversion of Service or
        Disability  Retirement  to  Accidental  Death Benefit for Victims of the
        2001 World Trade Center Disaster, and that such application  be  consid-
        ered  by the New York State and Local Retirement System (NYSLRS) without
        regard to the requirement that such  application  be  filed  within  two

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13478-02-0
        S. 7883                             2

        years  of  the retiree's date of death as provided in Section 361 of the
        Retirement  and Social Security Law.
          If  this  bill  is  enacted during the 2020 legislative session, there
        will be an immediate past service cost of  approximately  $3.60  million
        which  will  be  shared  by  the State of New York and the participating
        employers of the New York State and Local  Police  and  Fire  Retirement
        System.  This  estimate  is based on the assumption that payment will be
        made on March 1, 2021.
          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, 2019 actuarial valu-
        ation.  Distributions and other statistics can  be  found  in  the  2019
        Report  of  the  Actuary  and  the  2019  Comprehensive Annual Financial
        Report.
          The actuarial assumptions and methods used are described in the  2015,
        2016, 2017, 2018, and 2019 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, 2019
        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  February  6,  2020,  and intended for use only
        during the  2020  Legislative  Session,  is  Fiscal  Note  No.  2020-10,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.