Bill Text: NY S06751 | 2023-2024 | General Assembly | Amended


Bill Title: Authorizes the widow of Gerald J. Sullivan to file an application with the New York state and local police and fire retirement system on behalf of such deceased member and deem such application as timely filed.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-03-25 - PRINT NUMBER 6751A [S06751 Detail]

Download: New_York-2023-S06751-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6751--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                       May 9, 2023
                                       ___________

        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
          accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN  ACT to authorize the widow of Gerald J. Sullivan to file an applica-
          tion with the New York state and  local  police  and  fire  retirement
          system  on behalf of such deceased member and deem such application as
          timely filed

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Notwithstanding  the provisions of any general or special
     2  law, rule or regulation to the contrary, Bonnie E. Sullivan  is  author-
     3  ized  to file an application for accidental disability retirement with a
     4  firefighters' cancer disability presumption pursuant to section 363-d of
     5  the retirement and social security law on behalf of her deceased husband
     6  Gerald J. Sullivan who was  previously  employed  by  the  Buffalo  Fire
     7  Department  and  was a performance of duty disability retiree of the New
     8  York state and local police and fire retirement  system  since  June  1,
     9  2015 pursuant to section 363-c of the retirement and social security law
    10  and  passed  away  from cancer on December 17, 2020. Such application if
    11  filed with the state comptroller within one year of the  effective  date
    12  of this act shall be deemed as timely filed.
    13    §  2.  Any additional costs for this act shall be paid by the state of
    14  New York.
    15    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would authorize Bonnie Sullivan to file an  application  for
        accidental  disability  retirement  pursuant  to  section  363-d  of the
        Retirement and Social Security Law (RSSL) on behalf  of  their  deceased

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03035-07-4

        S. 6751--A                          2

        husband Gerald Sullivan. If this bill is enacted, and an application for
        accidental disability retirement is timely filed, the current retirement
        benefit  will be recalculated, and payment will be made to Bonnie Sulli-
        van  retroactive to June 1, 2015, the date Gerald Sullivan first retired
        with a performance of duty disability benefit pursuant to section  363-c
        of the RSSL.
          If  this  bill  is  enacted  during  the 2024 Legislative Session, and
        Bonnie Sullivan timely files the  required  application  for  accidental
        disability  retirement,  there will be an immediate past service cost of
        approximately $233,000 which will be borne by the State of New York as a
        one-time payment. This estimate assumes that payment  will  be  made  on
        March 1, 2025.
          Summary of relevant resources:
          Membership  data as of March 31, 2023 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2023 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
        Report.
          The actuarial assumptions and methods used are described in  the  2023
        Annual  Report  to  the  Comptroller  on  Actuarial Assumptions, and the
        Codes, Rules and Regulations  of  the  State  of  New  York:  Audit  and
        Control.
          The Market Assets and GASB Disclosures are found in the March 31, 2023
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This fiscal note does not constitute a legal opinion on the  viability
        of  the  proposed change nor is it intended to serve as a substitute for
        the professional judgment of an attorney.
          This estimate, dated March 15, 2024, and intended for use only  during
        the  2024  Legislative Session, is Fiscal Note No. 2024-131, prepared by
        the Actuary for the New York State and Local Retirement System.
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