Bill Text: NY S03002 | 2009-2010 | General Assembly | Introduced

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Bill Title: Allows the estate of Redmond O'Hanlon to file for an accidental death benefit.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CIVIL SERVICE AND PENSIONS [S03002 Detail]

Download: New_York-2009-S03002-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3002
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                     March 9, 2009
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Civil Service and Pensions
       AN ACT allowing the estate of Redmond O'Hanlon to file for an accidental
         death benefit
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Notwithstanding any provision of the retirement and social
    2  security law to  the  contrary,  Redmond  O'Hanlon,  deceased,  who  was
    3  employed  by  the Port Authority as a police officer and was a member of
    4  the New York state and local police and fire retirement system  and  who
    5  retired  on a service retirement effective July 19, 2004 and who partic-
    6  ipated in the World Trade  Center  rescue/recovery/clean  up  and  whose
    7  death  resulted  from  a disease of the psychological axis enumerated in
    8  subdivision g of section 363 of the retirement and social  security  law
    9  and who for reasons not ascribable to his own negligence, failed to file
   10  the  "World Trade Center Accident Disability Presumption Form", shall be
   11  deemed to have filed such form in a  timely  manner,  if  on  or  before
   12  December  31,  2009, the wife or representative of his estate files with
   13  the state comptroller such form together with a written application  for
   14  an  accidental  death  benefit  requesting  conversion  of  such service
   15  retirement benefit to an accidental death  benefit  and  upon  doing  so
   16  shall  be eligible for the accidental death benefit established pursuant
   17  to section 361 of the retirement and social security law.
   18    S 2. All costs of implementing the provisions of  this  act  shall  be
   19  borne  by  the  state of New York and all participating employers in the
   20  New York state and local police and fire retirement system.
   21    S 3. This act shall take effect immediately.
         FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
         This bill will allow the wife of Redmond O'Hanlon, a deceased  retired
       police  officer  who  was employed by the Port Authority, to file for an
       accidental death benefit.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01506-02-9
       S. 3002                             2
         If this bill is enacted, there will be an immediate past service  cost
       of approximately $1.35 million. This cost 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  5,  2009,  and intended for use only
       during the 2009  Legislative  Session,  is  Fiscal  Note  No.  2009-129,
       prepared by the Actuary for the New York State and Local Police and Fire
       Retirement System.