Bill Text: NY A07168 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides beneficiaries with the same allocation of retirement benefits if the member has the service retirement application, disability retirement applications or option election forms notarized and postmarked prior to his or her death.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-01-06 - referred to governmental employees [A07168 Detail]

Download: New_York-2009-A07168-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7168
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 25, 2009
                                      ___________
       Introduced by M. of A. ABBATE, DenDEKKER, TOWNSEND, PHEFFER, SALADINO --
         read once and referred to the Committee on Governmental Employees
       AN ACT to amend the retirement and social security law and the education
         law,  in  relation to providing beneficiaries with the same allocation
         of retirement benefits if the member has the service retirement appli-
         cation, disability retirement applications or  option  election  forms
         postmarked prior to his or her death
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The retirement and social security law is amended by adding
    2  a new section 74-a to read as follows:
    3    S 74-A. APPLICATIONS AND ELECTIONS; ISSUES DUE TO DEATH.   WHENEVER  A
    4  STATUTE  REQUIRES THAT A DOCUMENT MUST BE FILED OR MONEYS DEPOSITED WITH
    5  THE SYSTEM WITHIN A PRESCRIBED PERIOD OF TIME OR BY A SPECIFIED DATE  IN
    6  ORDER  FOR  A MEMBER TO BE ELIGIBLE FOR SERVICE CREDIT OR A BENEFIT FROM
    7  THE SYSTEM THE DOCUMENT SHALL BE DEEMED FILED OR  THE  MONEYS  DEPOSITED
    8  WITH  THE  SYSTEM  ON  THE DAY THEY ARE CLEARLY POSTMARKED BY THE UNITED
    9  STATES POSTAL SERVICE AS THE RETIREMENT SYSTEM MAY  SPECIFICALLY  PERMIT
   10  BY  RULE  OR  REGULATION. NOTWITHSTANDING THE PROVISIONS HEREOF, NO SUCH
   11  DOCUMENT SHALL BE DEEMED FILED OR MONEYS DEPOSITED WITH  THE  SYSTEM  ON
   12  THE  DAY OF MAILING UNLESS ACTUALLY RECEIVED BY THE RETIREMENT SYSTEM AS
   13  A RESULT OF SUCH MAILING.
   14    S 2. The retirement and social security law is amended by adding a new
   15  section 374-a to read as follows:
   16    S 374-A. APPLICATIONS AND ELECTIONS; ISSUES DUE TO DEATH.  WHENEVER  A
   17  STATUTE  REQUIRES THAT A DOCUMENT MUST BE FILED OR MONEYS DEPOSITED WITH
   18  THE SYSTEM WITHIN A PRESCRIBED PERIOD OF TIME OR BY A SPECIFIED DATE  IN
   19  ORDER  FOR  A MEMBER TO BE ELIGIBLE FOR SERVICE CREDIT OR A BENEFIT FROM
   20  THE SYSTEM THE DOCUMENT SHALL BE DEEMED FILED OR  THE  MONEYS  DEPOSITED
   21  WITH  THE  SYSTEM  ON  THE DAY THEY ARE CLEARLY POSTMARKED BY THE UNITED
   22  STATES POSTAL SERVICE AS THE RETIREMENT SYSTEM MAY  SPECIFICALLY  PERMIT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09514-01-9
       A. 7168                             2
    1  BY  RULE  OR  REGULATION. NOTWITHSTANDING THE PROVISIONS HEREOF, NO SUCH
    2  DOCUMENT SHALL BE DEEMED FILED OR MONEYS DEPOSITED WITH  THE  SYSTEM  ON
    3  THE  DAY OF MAILING UNLESS ACTUALLY RECEIVED BY THE RETIREMENT SYSTEM AS
    4  A RESULT OF SUCH MAILING.
    5    S 3. Subdivision 19 of section 508 of the education law, as amended by
    6  chapter 248 of the laws of 2003, is amended to read as follows:
    7    19.  Whenever  a  statute  requires  that  a document must be filed or
    8  moneys deposited with the system within a prescribed period of  time  or
    9  by  a  specified  date  in order for a member to be eligible for service
   10  credit or a benefit from the system the document shall be  deemed  filed
   11  or  the  moneys  deposited  with  the system on the day they are [mailed
   12  through]  CLEARLY  POSTMARKED  BY  the  United  States  postal   service
   13  [provided  the  mailing is by registered or certified mail or such other
   14  equivalent service provided by the United States postal service] as  the
   15  retirement board may specifically permit by rule or regulation. Notwith-
   16  standing  the  provisions hereof, no such document shall be deemed filed
   17  or moneys deposited with the system on the day of mailing unless actual-
   18  ly received by the retirement system as a result of such mailing.
   19    S 4. This act shall take effect immediately.