Bill Text: NY S03230 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes Janice Middlebrooks, the widow of William James Middlebrooks, to file a retirement option election on behalf of her deceased husband.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-11 - PRINT NUMBER 3230A [S03230 Detail]

Download: New_York-2011-S03230-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3230
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 14, 2011
                                      ___________
       Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
         printed to be committed to the Committee on Civil Service and Pensions
       AN ACT to authorize the widow of William James Middlebrooks  to  file  a
         retirement option election form
         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  Janice Middlebrooks, the widow of William  James  Middlebrooks  who  was
    3  employed  by  the  Albion Correctional Facility, was a member of the New
    4  York state and local employees' retirement system,  was  diagnosed  with
    5  cancer in January of 2004, was advised on October 31, 2004 that he would
    6  be  unable  to  return to employment as the result of his malignancy and
    7  the treatment therefor, and died on December 3, 2006 prior to  filing  a
    8  retirement  election  form  with the New York state and local employees'
    9  retirement system, shall be authorized to file such option election form
   10  on behalf of her deceased husband, if on or before December 31, 2011 she
   11  shall submit a request therefor to the state comptroller.  In  addition,
   12  his application for disability retirement shall be deemed to have become
   13  effective on November 1, 2004.  All retirement benefits payable pursuant
   14  to  the  provisions of this act shall be paid to Janice Middlebrooks and
   15  shall be in addition any other death benefits paid.
   16    S 2. This act shall take effect immediately.
         FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
         This bill would authorize Janice  Middlebrooks  to  file  an  ordinary
       disability application with a date of retirement of November 1, 2004 and
       an  option election form on behalf of her deceased husband William James
       Middlebrooks. Mr. Middlebrooks received a  disability  retirement  which
       was  paid  beginning  on  3/28/2005.  Upon his death all payments ceased
       because no option election form was  filed.  By  filing  the  disability
       application  and  an option election form, an additional benefit will be
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08973-01-1
       S. 3230                             2
       paid for the period 11/1/04-3/28/05  and  a  benefit  will  continue  to
       Janice Middlebrooks for her lifetime.
         If  this bill is enacted, there will be an immediate past service cost
       of approximately $176,000 which will be shared by the State of New  York
       and  all  the  participating  employers  in the New York State and Local
       Employees' Retirement System.
         This estimate, dated January 28, 2011 and intended for use only during
       the 2011 Legislative Session, is Fiscal Note No. 2011-102,  prepared  by
       the  Actuary  for  the  New  York  State and Local Employees' Retirement
       System.