Bill Text: NY A05355 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to authorize Pamela Lewanduski to purchase 10 months of military service credit on behalf of her deceased husband Edward F. Lewanduski

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-05-18 - held for consideration in governmental employees [A05355 Detail]

Download: New_York-2009-A05355-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5355
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 13, 2009
                                      ___________
       Introduced by M. of A. RAIA, CONTE, SWEENEY, TOWNSEND -- Multi-Sponsored
         by  -- M. of A.  CROUCH, GORDON, V. LOPEZ, McDONOUGH, SEMINERIO, WEIS-
         ENBERG -- read once and referred  to  the  Committee  on  Governmental
         Employees
       AN  ACT to authorize Pamela Lewanduski to purchase 10 months of military
         service credit on behalf of her deceased husband Edward F. Lewanduski
         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 contrary,
    2  Pamela  Lewanduski,  the  widow of Edward F. Lewanduski who died on June
    3  12, 2004, shall be authorized to purchase ten months of military service
    4  for Mr. Lewanduski's service in the United States Marine Corps from July
    5  1977 through June 1981.  Such ten months of purchased  military  service
    6  credit  shall  be  used in the calculation of the ordinary death benefit
    7  calculated pursuant to section 448 of the retirement and social security
    8  law on account of the death of her husband, Edward  F.  Lewanduski,  who
    9  was  employed  for  nineteen  years and two months by the New York state
   10  police, thus entitling Pamela Lewanduski  to  the  death  benefit  which
   11  would  have  been  payable  if  her husband had attained twenty years of
   12  service. The military service credit shall be  purchased  on  behalf  of
   13  Edward  F.  Lewanduski as if Mr. Lewanduski had made such application as
   14  of June 11, 2004 and if, within one year of the effective date  of  this
   15  act,  Pamela  Lewanduski  files  a  written request with the state comp-
   16  troller to that effect. Upon acceptance of such  application  the  state
   17  comptroller shall adjust Edward F. Lewanduski's death benefit to reflect
   18  the attainment of twenty years of service with the New York state police
   19  pursuant to this act.
   20    S 2. This act shall take effect immediately.
         FISCAL NOTE.--This bill will allow Ms. Pamela Lewanduski, the widow of
       State  Police Officer Edward F. Lewanduski, to receive an ordinary death
       benefit based on his pension reserve by retroactively  allowing  her  to
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06604-02-9
       A. 5355                             2
       purchase  credit  for  military service that is currently not creditable
       and  was  not  purchasable  by  Officer  Lewanduski   due   to   certain
       restrictions in the purchasing of military service credit.
         If  this bill is enacted, there will be an immediate past service cost
       of approximately $632,000 which will be shared by the State of New  York
       and  all  the  participating  employers  in the New York State and Local
       Police and Fire Retirement System.
         This estimate, dated February 10,  2009  and  intended  for  use  only
       during  the  2009  Legislative  Session,  is Fiscal Note No.   2009-121,
       prepared by the Actuary for the New York State and Local Police and Fire
       Retirement System.