S T A T E   O F   N E W   Y O R K
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                                  5072

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sen. THOMPSON -- 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:

  Section 1. Notwithstanding any other provision of law to the contrary,
Janice Middlebrooks, the widow of William  James  Middlebrooks  who  was
employed  by  the  Albion Correctional Facility, was a member of the New
York state and local employees' retirement system,  was  diagnosed  with
cancer in January of 2004, was advised on October 31, 2004 that he would
be  unable  to  return to employment as the result of his malignancy and
the treatment therefor, and died on December 3, 2006 prior to  filing  a
retirement  election  form  with the New York state and local employees'
retirement system, shall be authorized to file such option election form
on behalf of her deceased husband, if on or before December 31, 2009 she
shall submit a request therefor to the state comptroller. Such  applica-
tion  for  retirement  option  election  shall  be deemed to have become
effective on November 1, 2004.  All retirement benefits payable pursuant
to the provisions of this act shall be paid to Janice  Middlebrooks  and
shall be in lieu of any other death benefits payable.
  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.
                                                           LBD09299-03-9

              

S. 5072                             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 $153,000 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 April 24, 2009 and intended for use  only  during
the  2009  Legislative Session, is Fiscal Note No. 2009-160, prepared by
the Actuary for the New  York  State  and  Local  Employees'  Retirement
System.