Bill Text: NY S05558 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides death benefits and health insurance coverage to eligible survivors of public employees who die while ordered to service in the uniformed services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-09-23 - SIGNED CHAP.582 [S05558 Detail]
Download: New_York-2011-S05558-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5558 2011-2012 Regular Sessions I N S E N A T E June 1, 2011 ___________ Introduced by Sen. BALL -- (at request of the State Comptroller) -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the retirement and social security law, the general municipal law, the education law, the administrative code of the city of New York and the civil service law, in relation to providing death benefits and health insurance coverage to eligible survivors of public employees who die while ordered to service in the uniformed services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The closing paragraph of subdivision a of section 60 of the 2 retirement and social security law, as added by chapter 105 of the laws 3 of 2005, is amended to read as follows: 4 Notwithstanding the provisions of any other law to the contrary and 5 solely for the purpose of determining eligibility for an ordinary death 6 benefit and/or guaranteed ordinary death benefit, a member shall be 7 considered to have died while in service upon which his or her member- 8 ship was based provided such member was on the payroll in the service 9 upon which membership is based at the time he or she was ordered to 10 active duty[, other than for training purposes,] pursuant to Title 10 of 11 the United States Code, with the armed forces of the United States OR TO 12 SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF 13 THE UNITED STATES CODE and died while on such active duty OR SERVICE IN 14 THE UNIFORMED SERVICES on or after [the effective date of the chapter of 15 the laws of two thousand five which added this paragraph] JUNE FOUR- 16 TEENTH, TWO THOUSAND FIVE. Provided, further, that any such member 17 ordered to such active duty with the armed forces of the United States 18 OR IN SERVICE IN THE UNIFORMED SERVICES who died prior to rendering the 19 minimum amount of service necessary to be eligible for this benefit 20 shall be considered to have satisfied the minimum service requirement. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11146-04-1 S. 5558 2 1 S 2. Subparagraph (b) of paragraph 3 of subdivision f of section 60 of 2 the retirement and social security law, as amended by chapter 105 of the 3 laws of 2005, is amended to read as follows: 4 (b) the term "death in service" shall include the death of such a 5 member who dies while off the payroll provided he or she (i) was on the 6 payroll in such service and paid within a period of twelve months prior 7 to his or her death, or was on the payroll in the service upon which 8 membership is based at the time he or she was ordered to active duty[, 9 other than for training purposes,] pursuant to Title 10 of the United 10 States Code, with the armed forces of the United States OR TO SERVICE IN 11 THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED 12 STATES CODE and died while on such active duty OR SERVICE IN THE 13 UNIFORMED SERVICES on or after [the effective date of the chapter of the 14 laws of two thousand five which amended this subparagraph] JUNE FOUR- 15 TEENTH, TWO THOUSAND FIVE, (ii) had not been otherwise gainfully 16 employed since he or she ceased to be on such payroll and (iii) had 17 credit for one or more years of continuous service since he last entered 18 or reentered the service of his or her employer. Provided, further, 19 that any such member ordered to active duty[, other than for training 20 purposes,] pursuant to Title 10 of the United States Code, with the 21 armed forces of the United States OR TO SERVICE IN THE UNIFORMED 22 SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE 23 who died prior to rendering the minimum amount of service necessary to 24 be eligible for this benefit shall be considered to have satisfied the 25 minimum service requirement. 26 S 3. Subdivision c of section 60-a of the retirement and social secu- 27 rity law, as amended by chapter 105 of the laws of 2005, is amended to 28 read as follows: 29 c. For the purposes of this section an employee who dies while off the 30 payroll shall be considered to be in service provided he or she (1) was 31 on the payroll in such service and paid within a period of twelve months 32 prior to his or her death, or was on the payroll in the service upon 33 which membership is based at the time he or she was ordered to active 34 duty[, other than for training purposes,] pursuant to Title 10 of the 35 United States Code, with the armed forces of the United States OR TO 36 SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF 37 THE UNITED STATES CODE and died while on such active duty OR SERVICE IN 38 THE UNIFORMED SERVICES on or after [the effective date of the chapter of 39 the laws of two thousand five which amended this subdivision] JUNE FOUR- 40 TEENTH, TWO THOUSAND FIVE, (2) had not been otherwise gainfully employed 41 since he or she ceased to be on such payroll and (3) had credit for at 42 least one year of continuous service since he or she last entered or 43 reentered the service of his or her employer. Provided, further, that 44 any such member ordered to active duty[, other than for training 45 purposes,] pursuant to Title 10 of the United States Code, with the 46 armed forces of the United States OR TO SERVICE IN THE UNIFORMED 47 SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE 48 who died prior to rendering the minimum amount of service necessary to 49 be eligible for this benefit shall be considered to have satisfied the 50 minimum service requirement. 51 S 4. Subdivision (a) of section 60-b of the retirement and social 52 security law, as amended by chapter 105 of the laws of 2005, is amended 53 to read as follows: 54 (a) Pursuant to the provisions of section thirty-three of this arti- 55 cle, a participating employer may elect to provide a guaranteed ordinary 56 death benefit upon the death in service of its employees who (i) meet S. 5558 3 1 all the requirements of section sixty of this article except that 2 contained in paragraph three of subdivision (a) thereof, and (ii) last 3 entered or reentered the employ of a participating employer prior to 4 April first, nineteen hundred eighty-five, and were in such employ on 5 March thirty-first, nineteen hundred eighty-five, and (iii) last joined 6 or rejoined a public retirement system of the state or a municipality 7 thereof before July first, nineteen hundred seventy-three, and (iv) had 8 not attained age sixty at the date of such entrance into such service, 9 and (v) had rendered ninety or more days of continuous service in the 10 service of such participating employer during the fifteen month period 11 immediately preceding death. For the purposes of this section an employ- 12 ee who dies while off the payroll shall be considered to be in service 13 provided he or she (1) was on the payroll in such service and paid with- 14 in a period of twelve months prior to his or her death, or was on the 15 payroll in the service upon which membership is based at the time he or 16 she was ordered to active duty[, other than for training purposes,] 17 pursuant to Title 10 of the United States Code, with the armed forces of 18 the United States OR TO SERVICE IN THE UNIFORMED SERVICES PURSUANT TO 19 CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE and died while on such 20 active duty OR SERVICE IN THE UNIFORMED SERVICES on or after [the effec- 21 tive date of the chapter of the laws of two thousand five which amended 22 this subdivision] JUNE FOURTEENTH, TWO THOUSAND FIVE, (2) had not been 23 otherwise gainfully employed since he or she ceased to be on such 24 payroll and (3) had credit for one or more years of continuous service 25 since he or she last entered or reentered the service of his or her 26 employer. Provided, further, that any such member ordered to active 27 duty[, other than for training purposes,] pursuant to Title 10 of the 28 United States Code, with the armed forces of the United States OR TO 29 SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF 30 THE UNITED STATES CODE who died prior to rendering the minimum amount of 31 service necessary to be eligible for this benefit shall be considered to 32 have satisfied the minimum service requirement. 33 S 5. The closing paragraph of subdivision a of section 61 of the 34 retirement and social security law, as added by chapter 105 of the laws 35 of 2005, is amended to read as follows: 36 Notwithstanding the provisions of section two hundred forty-two, two 37 hundred forty-three or two hundred forty-four of the military law or the 38 provisions of any other law to the contrary and solely for the purpose 39 of determining eligibility for an accidental death benefit, a member 40 shall be considered to have died as the natural and proximate result of 41 an accident sustained in the performance of duty provided such member 42 was on the payroll in the service upon which membership is based at the 43 time he or she was ordered to active duty[, other than for training 44 purposes,] pursuant to Title 10 of the United States Code, with the 45 armed forces of the United States OR TO SERVICE IN THE UNIFORMED 46 SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE 47 and died while on such active duty OR IN SERVICE IN THE UNIFORMED 48 SERVICES on or after [the effective date of the chapter of the laws of 49 two thousand five which added this paragraph] JUNE FOURTEENTH, TWO THOU- 50 SAND FIVE. 51 S 6. The closing paragraph of subdivision a of section 360 of the 52 retirement and social security law, as added by chapter 105 of the laws 53 of 2005, is amended to read as follows: 54 Notwithstanding the provisions of any other law to the contrary and 55 solely for the purpose of determining eligibility for an ordinary death 56 benefit and/or guaranteed ordinary death benefit, a member shall be S. 5558 4 1 considered to have died while in service upon which his or her member- 2 ship was based provided such member was on the payroll in the service 3 upon which membership is based at the time he or she was ordered to 4 active duty[, other than for training purposes,] pursuant to Title 10 of 5 the United States Code, with the armed forces of the United States OR TO 6 SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF 7 THE UNITED STATES CODE and died while on such active duty OR SERVICE IN 8 THE UNIFORMED SERVICES on or after [the effective date of the chapter of 9 the laws of two thousand five which added this paragraph] JUNE FOUR- 10 TEENTH, TWO THOUSAND FIVE. Provided, further, that any such member 11 ordered to active duty with the armed forces of the United States OR TO 12 SERVICE IN THE UNIFORMED SERVICES who died prior to rendering the mini- 13 mum amount of service necessary to be eligible for this benefit shall be 14 considered to have satisfied the minimum service requirement. 15 S 7. Subparagraph (b) of paragraph 3 of subdivision g of section 360 16 of the retirement and social security law, as amended by chapter 105 of 17 the laws of 2005, is amended to read as follows: 18 (b) the term "death in service" shall include the death of such a 19 member who dies while off the payroll provided he or she (i) was on the 20 payroll in such service and paid within a period of twelve months prior 21 to his or her death, or was on the payroll in the service upon which 22 membership is based at the time he or she was ordered to active duty[, 23 other than for training purposes,] pursuant to Title 10 of the United 24 States Code, with the armed forces of the United States OR TO SERVICE IN 25 THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED 26 STATES CODE and died while on such active duty OR SERVICE IN THE 27 UNIFORMED SERVICES on or after [the effective date of the chapter of the 28 laws of two thousand five which amended this subparagraph] JUNE FOUR- 29 TEENTH, TWO THOUSAND FIVE, (ii) had not been otherwise gainfully 30 employed since he or she ceased to be on such payroll and (iii) had 31 credit for one or more years of continuous service since he or she last 32 entered or reentered the service of his or her employer. Provided, 33 further, that any such member ordered to active duty[, other than for 34 training purposes,] pursuant to Title 10 of the United States Code, with 35 the armed forces of the United States OR TO SERVICE IN THE UNIFORMED 36 SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE 37 who died prior to rendering the minimum amount of service necessary to 38 be eligible for this benefit shall be considered to have satisfied the 39 minimum service requirement. 40 S 8. Subdivision c of section 360-a of the retirement and social secu- 41 rity law, as amended by chapter 105 of the laws of 2005, is amended to 42 read as follows: 43 c. For the purposes of this section an employee who dies while off the 44 payroll shall be considered to be in service provided he or she (1) was 45 on the payroll in such service and paid within a period of twelve months 46 prior to his or her death, or was on the payroll in the service upon 47 which membership is based at the time he or she was ordered to active 48 duty[, other than for training purposes,] pursuant to Title 10 of the 49 United States Code, with the armed forces of the United States OR TO 50 SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF 51 THE UNITED STATES CODE and died while on such active duty OR SERVICE IN 52 THE UNIFORMED SERVICES on or after [the effective date of the chapter of 53 the laws of two thousand five which amended this subdivision] JUNE FOUR- 54 TEENTH, TWO THOUSAND FIVE, (2) had not been otherwise gainfully employed 55 since he or she ceased to be on such payroll and (3) had credit for at 56 least one year of continuous service since he or she last entered or S. 5558 5 1 reentered the service of his or her employer. Provided, further, that 2 any such member ordered to active duty[, other than for training 3 purposes,] pursuant to Title 10 of the United States Code, with the 4 armed forces of the United States OR TO SERVICE IN THE UNIFORMED 5 SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE 6 who died prior to rendering the minimum amount of service necessary to 7 be eligible for this benefit shall be considered to have satisfied the 8 minimum service requirement. 9 S 9. Subdivision (a) of section 360-b of the retirement and social 10 security law, as amended by chapter 105 of the laws of 2005, is amended 11 to read as follows: 12 (a) Pursuant to the provisions of section three hundred thirty-three 13 of this article, a participating employer may elect to provide a guaran- 14 teed ordinary death benefit upon the death in service of its employees 15 who (i) meet all of the requirements of section three hundred sixty of 16 this title except that contained in paragraph three of subdivision (a) 17 thereof, and (ii) last entered or reentered the employ of a participat- 18 ing employer prior to April first, nineteen hundred eighty-five, and 19 were in such employ on March thirty-first, nineteen hundred eighty-five, 20 and (iii) last joined or rejoined a public retirement system of the 21 state or a municipality thereof before July first, nineteen hundred 22 seventy-three, and (iv) had not attained age sixty at the date of such 23 entrance into such service, and (v) had rendered ninety or more days of 24 continuous service in the service of such participating employer during 25 the fifteen month period immediately preceding death. For the purposes 26 of this section an employee who dies while off the payroll shall be 27 considered to be in service provided he or she (1) was on the payroll in 28 such service and paid within a period of twelve months prior to his or 29 her death, or was on the payroll in the service upon which membership is 30 based at the time he or she was ordered to active duty[, other than for 31 training purposes,] pursuant to Title 10 of the United States Code, with 32 the armed forces of the United States OR TO SERVICE IN THE UNIFORMED 33 SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE 34 and died while on such active duty OR SERVICE IN THE UNIFORMED SERVICES 35 on or after [the effective date of the chapter of the laws of two thou- 36 sand five which amended this subdivision] JUNE FOURTEENTH, TWO THOUSAND 37 FIVE, (2) had not been otherwise gainfully employed since he or she 38 ceased to be on such payroll and (3) had credit for one or more years of 39 continuous service since he or she last entered or reentered the service 40 of his or her employer. Provided, further, that any such member ordered 41 to active duty[, other than for training purposes,] pursuant to Title 10 42 of the United States Code, with the armed forces of the United States OR 43 TO SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 44 OF THE UNITED STATES CODE who died prior to rendering the minimum amount 45 of service necessary to be eligible for this benefit shall be considered 46 to have satisfied the minimum service requirement. 47 S 10. The closing paragraph of subdivision a of section 361 of the 48 retirement and social security law, as added by chapter 105 of the laws 49 of 2005, is amended to read as follows: 50 Notwithstanding the provisions of section two hundred forty-two, two 51 hundred forty-three or two hundred forty-four of the military law or the 52 provisions of any other law to the contrary and solely for the purpose 53 of determining eligibility for an accidental death benefit and/or 54 special accidental death benefit, a member shall be considered to have 55 died as the natural and proximate result of an accident sustained in the 56 performance of duty provided such member was on the payroll in the S. 5558 6 1 service upon which membership is based at the time he or she was ordered 2 to active duty[, other than for training purposes,] pursuant to Title 10 3 of the United States Code, with the armed forces of the United States OR 4 TO SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 5 OF THE UNITED STATES CODE and died while on such active duty OR SERVICE 6 IN THE UNIFORMED SERVICES on or after [the effective date of the chapter 7 of the laws of two thousand five which added this paragraph] JUNE FOUR- 8 TEENTH, TWO THOUSAND FIVE. 9 S 11. Subdivisions e and f of section 448 of the retirement and social 10 security law, subdivision e as amended and subdivision f as added by 11 chapter 105 of the laws of 2005, are amended to read as follows: 12 e. For the purposes of this section: 13 1. A member who dies while off the payroll shall be considered to be 14 in service provided he or she (a) was on the payroll in such service and 15 paid within a period of twelve months prior to his or her death, or was 16 on the payroll in the service upon which membership is based at the time 17 he or she was ordered to active duty[, other than for training 18 purposes,] pursuant to Title 10 of the United States Code, with the 19 armed forces of the United States OR TO SERVICE IN THE UNIFORMED 20 SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE 21 and died while on such active duty OR SERVICE IN THE UNIFORMED SERVICES 22 on or after [the effective date of the chapter of the laws of two thou- 23 sand five which amended this subdivision] JUNE FOURTEENTH, TWO THOUSAND 24 FIVE, (b) had not been otherwise gainfully employed since he or she 25 ceased to be on such payroll and (c) had credit for one or more years of 26 continuous service since he or she last entered or reentered the service 27 of his or her employer; notwithstanding any other provision of law to 28 the contrary, a member of the New York city employees' retirement system 29 or the board of education retirement system of the city of New York 30 shall be deemed to have died on the payroll for the purposes of this 31 section in the event that death occurs while such member is on an 32 authorized leave of absence without pay for medical reasons which has 33 continuously been in effect since the member was last paid on the 34 payroll in such service, provided, however, that such member was on the 35 payroll in such service and paid within the four-year period prior to 36 his or her death; and 37 2. The benefit payable shall be in addition to any payment made on 38 account of a member's accumulated contributions. 39 3. Provided, further, that any such member ordered to active duty[, 40 other than for training purposes,] pursuant to Title 10 of the United 41 States Code, with the armed forces of the United States OR TO SERVICE IN 42 THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED 43 STATES CODE who died prior to rendering the minimum amount of service 44 necessary to be eligible for this benefit shall be considered to have 45 satisfied the minimum service requirement. 46 f. Notwithstanding the provisions of any other law to the contrary and 47 solely for the purpose of determining eligibility for the death benefit 48 payable pursuant to this section, a person subject to this section shall 49 be considered to have died while in teaching service provided such 50 person was in such service at the time he or she was ordered to active 51 duty[, other than for training purposes,] pursuant to Title 10 of the 52 United States Code, with the armed forces of the United States OR TO 53 SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF 54 THE UNITED STATES CODE and died while on such active duty OR SERVICE IN 55 THE UNIFORMED SERVICES on or after [the effective date of the chapter of 56 the laws of two thousand five which added this subdivision] JUNE FOUR- S. 5558 7 1 TEENTH, TWO THOUSAND FIVE. Provided, further, that any such person 2 ordered to active duty[, other than for training purposes,] pursuant to 3 Title 10 of the United States Code, with the armed forces of the United 4 States OR TO SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF 5 TITLE 38 OF THE UNITED STATES CODE who died prior to rendering the mini- 6 mum amount of service necessary to be eligible for this benefit shall be 7 considered to have satisfied the minimum service requirements. 8 S 12. Subdivision e of section 508 of the retirement and social secu- 9 rity law, as amended by chapter 105 of the laws of 2005, is amended to 10 read as follows: 11 e. For the purposes of this section: 12 1. A member who dies while off the payroll shall be considered to be 13 in service provided he or she (a) was on the payroll in such service and 14 paid within a period of twelve months prior to his or her death, or was 15 on the payroll in the service upon which membership is based at the time 16 he or she was ordered to active duty[, other than for training 17 purposes,] pursuant to Title 10 of the United States Code, with the 18 armed forces of the United States OR TO SERVICE IN THE UNIFORMED 19 SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE 20 and died while on such active duty OR SERVICE IN THE UNIFORMED SERVICES 21 on or after [the effective date of the chapter of the laws of two thou- 22 sand five which amended this subdivision] JUNE FOURTEENTH, TWO THOUSAND 23 FIVE, (b) had not been otherwise gainfully employed since he or she 24 ceased to be on such payroll and (c) had credit for one or more years of 25 continuous service since he or she last entered or reentered the service 26 of his or her employer; and 27 2. The benefit payable shall be in addition to any payment made on 28 account of a member's accumulated contributions. 29 3. Provided, further, that any such member ordered to active duty[, 30 other than for training purposes,] pursuant to Title 10 of the United 31 States Code, with the armed forces of the United States OR TO SERVICE IN 32 THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED 33 STATES CODE who died prior to rendering the minimum amount of service 34 necessary to be eligible for this benefit shall be considered to have 35 satisfied the minimum service requirement. 36 S 13. The closing paragraph of subdivision a of section 509 of the 37 retirement and social security law, as amended by chapter 489 of the 38 laws of 2008, is amended to read as follows: 39 Notwithstanding the provisions of section two hundred forty-two, two 40 hundred forty-three or two hundred forty-four of the military law or the 41 provisions of any other law to the contrary and solely for the purpose 42 of determining eligibility for an accidental death benefit, a member 43 shall be considered to have died as the natural and proximate result of 44 an accident sustained in the performance of duty provided such member 45 was on the payroll in the service upon which membership is based at the 46 time he or she was ordered to active duty[, other than for training 47 purposes,] pursuant to Title 10 of the United States Code, with the 48 armed forces of the United States OR TO SERVICE IN THE UNIFORMED 49 SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE 50 and died while on such active duty OR SERVICE IN THE UNIFORMED SERVICES 51 on or after [the effective date of chapter one hundred five of the laws 52 of two thousand five which added this paragraph] JUNE FOURTEENTH, TWO 53 THOUSAND FIVE. 54 S 14. Subdivision e of section 606 of the retirement and social secu- 55 rity law, as amended by chapter 105 of the laws of 2005, is amended to 56 read as follows: S. 5558 8 1 e. For the purposes of this section: 2 1. A member who dies while off the payroll shall be considered to be 3 in service provided he or she (a) was on the payroll in such service and 4 paid within a period of twelve months prior to his or her death, or was 5 on the payroll in the service upon which membership is based at the time 6 he or she was ordered to active duty[, other than for training 7 purposes,] pursuant to Title 10 of the United States Code, with the 8 armed forces of the United States OR TO SERVICE IN THE UNIFORMED 9 SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE 10 and died while on such active duty OR SERVICE IN THE UNIFORMED SERVICES 11 on or after [the effective date of the chapter of the laws of two thou- 12 sand five which amended this subdivision] JUNE FOURTEENTH, TWO THOUSAND 13 FIVE, (b) had not been otherwise gainfully employed since he or she 14 ceased to be on such payroll and (c) had credit for one or more years of 15 continuous service since he or she last entered or reentered the service 16 of his or her employer; notwithstanding any other provision of law to 17 the contrary, a member of the New York city employees' retirement system 18 or the board of education retirement system of the city of New York 19 shall be deemed to have died on the payroll for the purposes of this 20 section in the event that death occurs while such member is on an 21 authorized leave of absence without pay for medical reasons which has 22 continuously been in effect since the member was last paid on the 23 payroll in such service, provided, however, that such member was on the 24 payroll in such service and paid within the four-year period prior to 25 his or her death; and 26 2. The benefit payable shall be in addition to any payment made on 27 account of a member's accumulated contributions. 28 3. Provided, further, that any such member ordered to active duty[, 29 other than for training purposes,] pursuant to Title 10 of the United 30 States Code, with the armed forces of the United States OR TO SERVICE IN 31 THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED 32 STATES CODE who died prior to rendering the minimum amount of service 33 necessary to be eligible for this benefit shall be considered to have 34 satisfied the minimum service requirement. 35 S 15. Subdivision a of section 607 of the retirement and social secu- 36 rity law, as amended by chapter 489 of the laws of 2008, is amended to 37 read as follows: 38 a. The eligible beneficiary of a member in service, or of a vested 39 member who dies as a result of a qualifying World Trade Center condition 40 as defined in section two of this chapter, shall be entitled to an acci- 41 dental death benefit in the form of a pension equal to fifty percent of 42 such member's wages earned during his or her last year of actual service 43 or his or her annual wage rate if he or she was credited with less than 44 one year of service since last becoming a member, if, upon application 45 filed within sixty days after the death of the member, the head of the 46 retirement system determines that such member died before the effective 47 date of retirement, as the natural and proximate result of an accident 48 not caused by his or her own willful negligence sustained in the 49 performance of his or her duties in active service and while actually a 50 member of the retirement system. 51 Notwithstanding the provisions of section two hundred forty-two, two 52 hundred forty-three or two hundred forty-four of the military law or the 53 provisions of any other law to the contrary and solely for the purpose 54 of determining eligibility for an accidental death benefit, a member 55 shall be considered to have died as the natural and proximate result of 56 an accident sustained in the performance of duty provided such member S. 5558 9 1 was on the payroll in the service upon which membership is based at the 2 time he or she was ordered to active duty[, other than for training 3 purposes,] pursuant to Title 10 of the United States Code, with the 4 armed forces of the United States OR TO SERVICE IN THE UNIFORMED 5 SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE 6 and died while on such active duty OR SERVICE IN THE UNIFORMED SERVICES 7 on or after [the effective date of chapter one hundred five of the laws 8 of two thousand five which added this paragraph] JUNE FOURTEENTH, TWO 9 THOUSAND FIVE. 10 Provided, however, the head of the retirement system in its sole 11 discretion may accept an application for an accidental death benefit 12 after the expiration of the sixty day filing period, where, but only 13 where, an ordinary death benefit has not been previously paid. 14 S 16. The second undesignated paragraph and the closing paragraph of 15 subdivision 2 of section 655 of the retirement and social security law, 16 as added by chapter 105 of the laws of 2005, are amended to read as 17 follows: 18 Notwithstanding the provisions of any other law to the contrary and 19 solely for the purpose of determining eligibility for a survivors bene- 20 fit, a member shall be considered to have died while on the state 21 payroll provided such member was on the payroll in the service upon 22 which membership is based at the time he or she was ordered to active 23 duty[, other than for training purposes,] pursuant to Title 10 of the 24 United States Code, with the armed forces of the United States OR TO 25 SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF 26 THE UNITED STATES CODE and died while on such active duty OR SERVICE IN 27 THE UNIFORMED SERVICES on or after [the effective date of the chapter of 28 the laws of two thousand five which added this paragraph] JUNE FOUR- 29 TEENTH, TWO THOUSAND FIVE. 30 Provided, further, that any such member ordered to active duty[, other 31 than for training purposes,] pursuant to Title 10 of the United States 32 Code, with the armed forces of the United States OR TO SERVICE IN THE 33 UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED 34 STATES CODE who died prior to rendering the minimum amount of service 35 necessary to be eligible for this benefit shall be considered to have 36 satisfied the minimum service requirement. 37 S 17. The second undesignated paragraph and the closing paragraph of 38 subdivision 2 of section 656 of the retirement and social security law, 39 as added by chapter 105 of the laws of 2005, are amended to read as 40 follows: 41 Notwithstanding the provisions of any other law to the contrary and 42 solely for the purpose of determining eligibility for a survivors bene- 43 fit, a member shall be considered to have died while on the state 44 payroll provided such member was on such payroll or was on the payroll 45 in the service upon which membership is based at the time he or she was 46 ordered to active duty[, other than for training purposes,] pursuant to 47 Title 10 of the United States Code, with the armed forces of the United 48 States OR TO SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF 49 TITLE 38 OF THE UNITED STATES CODE and died while on such active duty OR 50 SERVICE IN THE UNIFORMED SERVICES on or after [the effective date of the 51 chapter of the laws of two thousand five which added this paragraph] 52 JUNE FOURTEENTH, TWO THOUSAND FIVE. 53 Provided, further, that any such member ordered to active duty[, other 54 than for training purposes,] pursuant to Title 10 of the United States 55 Code, with the armed forces of the United States OR TO SERVICE IN THE 56 UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED S. 5558 10 1 STATES CODE who died prior to rendering the minimum amount of service 2 necessary to be eligible for this benefit shall be considered to have 3 satisfied the minimum service requirement. 4 S 18. Subdivision g of section 208-f of the general municipal law, as 5 added by chapter 105 of the laws of 2005, is amended to read as follows: 6 g. Notwithstanding any other provision of law to the contrary, and 7 solely for the purposes of this section, a member otherwise covered by 8 this section shall be deemed to have died as the natural and proximate 9 result of an accident sustained in the performance of duty upon which 10 his or her membership is based, and not as a result of willful negli- 11 gence on his or her part, provided that such member was in active 12 service upon which his or her membership is based at the time that such 13 member was ordered to active duty[, other than for training purposes,] 14 pursuant to Title 10 of the United States Code, with the armed forces of 15 the United States OR TO SERVICE IN THE UNIFORMED SERVICES PURSUANT TO 16 CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE, and such member died 17 while on such active duty OR SERVICE IN THE UNIFORMED SERVICES on or 18 after [the effective date of the chapter of the laws of two thousand 19 five which added this subdivision] JUNE FOURTEENTH, TWO THOUSAND FIVE 20 while serving on such active military duty OR IN THE UNIFORMED SERVICES. 21 S 19. Subdivision f of section 512 of the education law, as added by 22 chapter 105 of the laws of 2005, is amended to read as follows: 23 f. Notwithstanding the provisions of any other law to the contrary and 24 solely for the purpose of determining eligibility for the death benefit 25 payable pursuant to this section, a person subject to this section shall 26 be considered to have died while in teaching service provided such 27 person was in such service at the time he or she was ordered to active 28 duty[, other than for training purposes,] pursuant to Title 10 of the 29 United States Code, with the armed forces of the United States OR TO 30 SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF 31 THE UNITED STATES CODE and died while on such active duty OR SERVICE IN 32 THE UNIFORMED SERVICES on or after [the effective date of the chapter of 33 the laws of two thousand five which added this subdivision] JUNE FOUR- 34 TEENTH, TWO THOUSAND FIVE. Provided, further, that any such person 35 ordered to active duty[, other than for training purposes,] pursuant to 36 Title 10 of the United States Code, with the armed forces of the United 37 States OR TO SERVICE IN THE UNIFORMED SERVICERS PURSUANT TO CHAPTER 43 38 OF TITLE 38 OF THE UNITED STATES CODE who died prior to rendering the 39 minimum amount of service necessary to be eligible for this benefit 40 shall be considered to have satisfied the minimum service requirement. 41 S 20. Paragraph (b) of subdivision 25 of section 2575 of the education 42 law, as added by chapter 105 of the laws of 2005, is amended to read as 43 follows: 44 (b) Notwithstanding any other provision of law to the contrary, the 45 rules and regulations adopted pursuant to this section shall be deemed 46 to be amended to provide that a member of the retirement system shall be 47 deemed to have died as the natural and proximate result of an accident 48 sustained in the performance of duty upon which his or her membership is 49 based, and not as a result of willful negligence on his or her part, 50 provided that such member was in active service upon which his or her 51 membership is based at the time that such member was ordered to active 52 duty[, other than for training purposes,] pursuant to Title 10 of the 53 United States Code, with the armed forces of the United States OR TO 54 SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF 55 THE UNITED STATES CODE, and such member died while on such active duty 56 OR SERVICE IN THE UNIFORMED SERVICES on or after [the effective date of S. 5558 11 1 the chapter of the laws of two thousand five which added this subdivi- 2 sion] JUNE FOURTEENTH, TWO THOUSAND FIVE while serving on such active 3 military duty OR IN THE UNIFORMED SERVICES. 4 S 21. Subdivision 4 of section 13-244 of the administrative code of 5 the city of New York, as added by chapter 105 of the laws of 2005, is 6 amended to read as follows: 7 4. Notwithstanding any other provision of law to the contrary, and 8 solely for the purposes of this section, a member shall be deemed to 9 have died as the natural and proximate result of an accident sustained 10 in the performance of duty upon which his or her membership is based, 11 and not as a result of willful negligence on his or her part, provided 12 that such member was in active service upon which his or her membership 13 is based at the time that such member was ordered to active duty[, other 14 than for training purposes,] pursuant to Title 10 of the United States 15 Code, with the armed forces of the United States OR TO SERVICE IN THE 16 UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED 17 STATES CODE, and such member died while on such active duty OR SERVICE 18 IN THE UNIFORMED SERVICES on or after [the effective date of the chapter 19 of the laws of two thousand five which added this subdivision] JUNE 20 FOURTEENTH, TWO THOUSAND FIVE while serving on such active military duty 21 OR IN THE UNIFORMED SERVICES. 22 S 22. Subdivision c of section 13-149 of the administrative code of 23 the city of New York, as added by chapter 105 of the laws of 2005, is 24 amended to read as follows: 25 c. Notwithstanding any other provision of law to the contrary, and 26 solely for the purposes of this section, a member shall be deemed to 27 have died as the natural and proximate result of an accident sustained 28 in the performance of duty upon which his or her membership is based, 29 and not as a result of willful negligence on his or her part, provided 30 that such member was in active service upon which his or her membership 31 is based at the time that such member was ordered to active duty[, other 32 than for training purposes,] pursuant to Title 10 of the United States 33 Code, with the armed forces of the United States OR TO SERVICE IN THE 34 UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED 35 STATES CODE, and such member died while on such active duty OR SERVICE 36 IN THE UNIFORMED SERVICES on or after [the effective date of the chapter 37 of the laws of two thousand five which added this subdivision] JUNE 38 FOURTEENTH, TWO THOUSAND FIVE while serving on such active military duty 39 OR IN THE UNIFORMED SERVICES. 40 S 23. Subdivision f of section 13-347 of the administrative code of 41 the city of New York, as added by chapter 105 of the laws of 2005, is 42 amended to read as follows: 43 f. Notwithstanding any other provision of law to the contrary, and 44 solely for the purposes of this section, a member shall be deemed to 45 have died as the natural and proximate result of an accident sustained 46 in the performance of duty upon which his or her membership is based, 47 and not as a result of willful negligence on his or her part, provided 48 that such member was in active service upon which his or her membership 49 is based at the time that such member was ordered to active duty[, other 50 than for training purposes], pursuant to Title 10 of the United States 51 Code, with the armed forces of the United States OR TO SERVICE IN THE 52 UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED 53 STATES CODE, and such member died while on such active duty OR SERVICE 54 IN THE UNIFORMED SERVICES on or after [the effective date of the chapter 55 of the laws of two thousand five which added this subdivision] JUNE S. 5558 12 1 FOURTEENTH, TWO THOUSAND FIVE while serving on such active military duty 2 OR IN THE UNIFORMED SERVICES. 3 S 24. Subdivision d of section 13-544 of the administrative code of 4 the city of New York, as added by chapter 105 of the laws of 2005, is 5 amended to read as follows: 6 d. Notwithstanding any other provision of law to the contrary, and 7 solely for the purposes of this section, a member shall be deemed to 8 have died as the natural and proximate result of an accident sustained 9 in the performance of duty upon which his or her membership is based, 10 and not as a result of willful negligence on his or her part, provided 11 that such member was in active service upon which his or her membership 12 is based at the time that such member was ordered to active duty[, other 13 than for training purposes,] pursuant to Title 10 of the United States 14 Code, with the armed forces of the United States OR TO SERVICE IN THE 15 UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED 16 STATES CODE, and such member died while on such active duty OR SERVICE 17 IN THE UNIFORMED SERVICES on or after [the effective date of the chapter 18 of the laws of two thousand five which added this subdivision] JUNE 19 FOURTEENTH, TWO THOUSAND FIVE while serving on such active military duty 20 OR IN THE UNIFORMED SERVICES. 21 S 25. The closing paragraph of section 3-401 of the administrative 22 code of the city of New York, as added by chapter 105 of the laws of 23 2005, is amended to read as follows: 24 Notwithstanding any other provision of law to the contrary, and solely 25 for the purposes of this section, a member otherwise covered by this 26 section shall be deemed to have been killed while engaged in the 27 discharge of duty upon which his or her membership is based, provided 28 that such member was in active service upon which his or her membership 29 is based at the time that such member was ordered to active duty[, other 30 than for training purposes,] pursuant to Title 10 of the United States 31 Code, with the armed forces of the United States OR TO SERVICE IN THE 32 UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED 33 STATES CODE, and such member died while on such active duty OR SERVICE 34 IN THE UNIFORMED SERVICES on or after [the effective date of the chapter 35 of the laws of two thousand five which added this paragraph] JUNE FOUR- 36 TEENTH, TWO THOUSAND FIVE while serving on such active military duty OR 37 IN THE UNIFORMED SERVICES. 38 S 26. The closing paragraph of section 3-402 of the administrative 39 code of the city of New York, as added by chapter 105 of the laws of 40 2005, is amended to read as follows: 41 Notwithstanding any other provision of law to the contrary, and solely 42 for the purposes of this section, a member otherwise covered by this 43 section shall be deemed to have been killed while engaged in the 44 discharge of duty upon which his or her membership is based, provided 45 that such member was in active service upon which his or her membership 46 is based at the time that such member was ordered to active duty[, other 47 than for training purposes,] pursuant to Title 10 of the United States 48 Code, with the armed forces of the United States OR TO SERVICE IN THE 49 UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED 50 STATES CODE, and such member died while on such active duty OR SERVICE 51 IN THE UNIFORMED SERVICES on or after [the effective date of the chapter 52 of the laws of two thousand five which added this paragraph] JUNE FOUR- 53 TEENTH, TWO THOUSAND FIVE while serving on such active military duty OR 54 IN THE UNIFORMED SERVICES. S. 5558 13 1 S 27. The closing paragraph of subdivision a of section 3-403 of the 2 administrative code of the city of New York, as added by chapter 105 of 3 the laws of 2005, is amended to read as follows: 4 Notwithstanding any other provision of law to the contrary, and solely 5 for the purposes of this subdivision, a member otherwise covered by this 6 subdivision shall be deemed to have been killed while engaged in the 7 discharge of duty upon which his or her membership is based, provided 8 that such member was in active service upon which his or her membership 9 is based at the time that such member was ordered to active duty[, other 10 than for training purposes,] pursuant to Title 10 of the United States 11 Code, with the armed forces of the United States OR TO SERVICE IN THE 12 UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED 13 STATES CODE, and such member died while on such active duty OR SERVICE 14 IN THE UNIFORMED SERVICES on or after [the effective date of the chapter 15 of the laws of two thousand five which added this paragraph] JUNE FOUR- 16 TEENTH, TWO THOUSAND FIVE while serving on such active military duty OR 17 IN THE UNIFORMED SERVICES. 18 S 28. Subparagraph (i) of paragraph 2 of subdivision b of section 19 12-126 of the administrative code of the city of New York, as amended by 20 chapter 430 of the laws of 2010, is amended to read as follows: 21 (i) Where the death of a member of the uniformed forces of the police 22 or fire departments is or was the natural and proximate result of an 23 accident or injury sustained while in the performance of duty, the 24 surviving spouse or domestic partner, until he or she dies, and the 25 children under the age of nineteen years and any such child who is 26 enrolled on a full-time basis in a program of undergraduate study in an 27 accredited degree-granting institution of higher education until such 28 child completes his or her educational program or reaches the age of 29 twenty-three years, whichever comes first, shall be afforded the right 30 to health insurance coverage, and health insurance coverage which is 31 predicated on the insured's enrollment in the hospital and medical 32 program for the aged and disabled under the social security act, as is 33 provided for city employees, city retirees and their dependents as set 34 forth in paragraph one of this subdivision. Where the death of a 35 uniformed member of the correction or sanitation departments has 36 occurred while such employee was in active service as the natural and 37 proximate result of an accident or injury sustained while in the 38 performance of duty, the surviving spouse or domestic partner, until he 39 or she dies, and the child of such employee who is under the age of 40 nineteen years and any such child who is enrolled on a full-time basis 41 in a program of undergraduate study in an accredited degree-granting 42 institution of higher education until such child completes his or her 43 educational program or reaches the age of twenty-three years, whichever 44 comes first, shall be afforded the right to health insurance coverage, 45 and health insurance coverage which is predicated on the insured's 46 enrollment in the hospital and medical program for the aged and disabled 47 under the social security act, as is provided for city employees, city 48 retirees and their dependents as set forth in paragraph one of this 49 subdivision. Where the death of an employee of the fire department of 50 the city of New York who was serving in a title whose duties are those 51 of an emergency medical technician or advanced emergency medical techni- 52 cian (as those terms are defined in section three thousand one of the 53 public health law), or whose duties required the direct supervision of 54 employees whose duties are those of an emergency medical technician or 55 advanced emergency medical technician (as those terms are defined in 56 section three thousand one of the public health law) is or was the S. 5558 14 1 natural and proximate result of an accident or injury sustained while in 2 the performance of duty on or after September eleventh, two thousand 3 one, the surviving spouse or domestic partner, until he or she dies, and 4 the children under the age of nineteen years and any such child who is 5 enrolled on a full-time basis in a program of undergraduate study in an 6 accredited degree-granting institution of higher education until such 7 child completes his or her educational program or reaches the age of 8 twenty-three years, whichever comes first, shall be afforded the right 9 to health insurance coverage, and health insurance coverage which is 10 predicated on the insured's enrollment in the hospital and medical 11 program for the aged and disabled under the social security act, as is 12 provided for city employees, city retirees and their dependents as set 13 forth in paragraph one of this subdivision. The mayor may, in his or her 14 discretion, authorize the provision of such health insurance coverage 15 for the surviving spouses, domestic partners and children of employees 16 of the fleet services division of the police department who died on or 17 after October first, nineteen hundred ninety-eight and before April 18 thirtieth, nineteen hundred ninety-nine, and the surviving spouses, 19 domestic partners and children of employees of the roadway repair and 20 maintenance division of the department of transportation who died on or 21 after September first, two thousand five and before September twenty- 22 eighth, two thousand five, and the surviving spouses, domestic partners 23 and children of employees of the bureau of wastewater treatment of the 24 department of environmental protection who died on or after January 25 eighth, two thousand nine and before January tenth, two thousand nine as 26 a natural and proximate result of an accident or injury sustained while 27 in the performance of duty, subject to the same terms, conditions and 28 limitations set forth in the section. Provided, however, and notwith- 29 standing any other provision of law to the contrary, and solely for the 30 purposes of this subparagraph, a member otherwise covered by this 31 subparagraph shall be deemed to have died as the natural and proximate 32 result of an accident or injury sustained while in the performance of 33 duty upon which his or her membership is based, provided that such 34 member was in active service upon which his or her membership is based 35 at the time that such member was ordered to active duty[, other than for 36 training purposes,] pursuant to Title 10 of the United States Code, with 37 the armed forces of the United States OR TO SERVICE IN THE UNIFORMED 38 SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF THE UNITED STATES CODE, 39 and such member died while on active duty OR SERVICE IN THE UNIFORMED 40 SERVICES on or after [the effective date of local law number ninety-six 41 of the city of New York for the year two thousand five] JUNE FOURTEENTH, 42 TWO THOUSAND FIVE while serving on such active military duty OR IN THE 43 UNIFORMED SERVICES. 44 S 29. The closing paragraph of section 165-a of the civil service law, 45 as amended by section 6 of part T of chapter 56 of the laws of 2010, is 46 amended to read as follows: 47 Notwithstanding any law to the contrary, the survivors of any employee 48 subject to this section shall be entitled to the health benefits granted 49 pursuant to this section, provided that such employee died while on 50 active duty [other than for training purposes,] pursuant to Title 10 of 51 the United States Code, with the armed forces of the United States OR TO 52 SERVICE IN THE UNIFORMED SERVICES PURSUANT TO CHAPTER 43 OF TITLE 38 OF 53 THE UNITED STATES CODE, and such member died on such active duty OR 54 SERVICE IN THE UNIFORMED SERVICES on or after [the effective date of 55 chapter one hundred five of the laws of two thousand five] JUNE FOUR- 56 TEENTH, TWO THOUSAND FIVE as a result of injuries, disease or other S. 5558 15 1 medical condition sustained or contracted in such active duty with the 2 armed forces of the United States OR IN THE UNIFORMED SERVICES. 3 S 30. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would require that public retirement systems comply with the federal Heroes Earnings Assistance and Relief Tax Act (HEART Act). This would expand the criteria in current law for receiving such accidental death benefits from dying in "active duty" to "uniformed services". If this legislation is enacted, we anticipate that there would be few individuals affected, as most are already eligible under the "active duty" criteria. Insofar as this legislation would affect the New York State and Local Employees' Retirement System (ERS) and the New York State and Local Police and Fire Retirement System (PFRS), it would lead to more deaths being classified as "accidental". For each death classified as acci- dental due to this bill, the cost would depend on the age, service, salary and plan of the affected member. It is estimated that there would be per person one-time costs of approximately three (3) times salary for members in the ERS, and twelve (12) times salary for members in the PFRS. These costs would be borne by the State of New York and all the participating employers in the ERS and the PFRS. This estimate, dated April 7, 2011, and intended for use only during the 2011 Legislative Session, is Fiscal Note No. 2011-165 prepared by the Actuary for the New York State and Local Employees' Retirement System and the New York State and Local Police and Fire Retirement System. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would amend the Education Law and the Retirement and Social Security Law to enable the New York State Teachers' Retirement System to provide death benefits in compliance with the Federal Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act). The criteria used in determining eligibility for death benefits under the current law would be expanded from dying in "active duty" with the Armed Forces of the United States to include dying while in "service in the uniformed services". The death benefit payable would be the accidental death bene- fit. The annual cost to the employers of members of the New York State Teachers' Retirement System is estimated to be negligible if this bill is enacted. The source of this estimate is Fiscal Note 2011-46 dated May 4, 2011 prepared by the Actuary of the New York State Teachers' Retirement System and is intended for use only during the 2011 Legislative Session.