senate Bill S4148

Authorizes the payment of ordinary disability retirement benefits by the New York state teachers' retirement system to the widow of Lawrence L. Allen

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 21 / Mar / 2011
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 04 / Jan / 2012
    • REFERRED TO CIVIL SERVICE AND PENSIONS

Summary

Authorizes the payment of ordinary disability retirement benefits by the New York state teachers' retirement system to Christine M. Allen, the widow of Lawrence L. Allen, if she shall file an application for such benefits with the retirement board of such retirement system.

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Bill Details

See Assembly Version of this Bill:
A6483
Versions:
S4148
Legislative Cycle:
2011-2012
Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement
Versions Introduced in Previous Legislative Cycles:
2009-2010: S3143, A6653
2007-2008: A5356A

Sponsor Memo

BILL NUMBER:S4148

TITLE OF BILL:
An act
authorizing the payment of ordinary disability retirement benefits by the
New York state teachers' retirement system to the widow of Lawrence L.
Allen

PURPOSE:
This legislation, if enacted, will provide Christine M. Allen, the
widow and beneficiary of Lawrence Allen, with the ordinary disability
retirement death benefit she would have received if Mr. Allen's
application for an ordinary disability retirement had been processed
by the teachers' retirement system prior to his death.

SUMMARY OF PROVISIONS:
Section one authorizes Christine Allen to re-file an application for
an ordinary disability retirement on behalf of her husband. It also
states that said application shall be deemed to have become effective
on March 18, 1999, the date the original application was signed and
notarized and that Mrs. Allen shall be paid all the retirement
benefits she is entitled as her husband's designated beneficiary.

JUSTIFICATION:
Lawrence L. Allen, a tier I member of the teachers' retirement system
and a teacher at Lake George High School became gravely ill in early
1999. On March 18, 1999, Mr. Allen signed in the presence of a notary
public an application for an ordinary disability retirement while
designating his wife, Christine M. Allen, as his beneficiary.
Unfortunately, Mr. Allen died on March 19, 1999 before his application
was received or processed by the teachers' retirement system. This
legislation will authorize Mrs. Allen to re-file and the teachers'
retirement system to accept an application for an ordinary disability
retirement on behalf of Mr. Allen deemed to have been in effect as of
March 18, 1999.

Enacting this legislation will recognize the intent of Mr. Allen's
actions prior to his premature death and insure that a technicality
will not keep Mrs. Allen from the receiving the full death benefit
she is entitled. Any death benefit paid to Mrs. Allen as a
consequence of this legislation would be in lieu of any other death
benefit.

LEGISLATIVE HISTORY:
2009-10: S.3143 Civil Service and Pension;
A.6654 Held for Consideration in Governmental Employees
2008: S.2941-A Passed Senate; A.5356-A Ways & Means
2007: S.2941 Passed Senate; A.5356-Governmental Employees
2005-06: S.1756 Passed Senate; A.4228-A Ways & Means
2003-04: S.2629A Passed Senate
2002: S.7154 Passed Senate

FISCAL IMPLICATIONS:
The cost for this benefit is equal to the increase in the present
value of benefits, which is estimated to be $260,000.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 4148                                                  A. 6483

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             March 21, 2011
                               ___________

IN  SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Civil Service
  and Pensions

IN ASSEMBLY -- Introduced by M. of A. SAYWARD -- read once and  referred
  to the Committee on Governmental Employees

AN  ACT  authorizing the payment of ordinary disability retirement bene-
  fits by the New York state teachers' retirement system to the widow of
  Lawrence L.  Allen

  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,
Christine  M. Allen, the widow of Lawrence L. Allen, who was a member of
the New York state teachers' retirement system, who prior to his  death,
in  the presence of a notary public, completed and mailed an application
for an ordinary disability retirement and a retirement election form  to
the  New York state teachers' retirement system, and who died before the
application was received by the  New  York  state  teachers'  retirement
system,  shall be authorized to re-file such application and election on
behalf of her deceased husband, if on or before December  31,  2011  she
shall  file a request therefor with the retirement board of the New York
state teachers' retirement system.   Such application  for  an  ordinary
disability  retirement and retirement option election shall be deemed to
have become effective on March 18, 1999. All retirement benefits payable
pursuant to the provisions of this act shall be  paid  to  Christine  M.
Allen and shall be in lieu of any other death benefits payable.
  S 2. This act shall take effect immediately.
  FISCAL  NOTE.--This  bill would allow Christine M. Allen, the widow of
Lawrence L. Allen who was a Tier 1 member of the New York  State  Teach-
ers'  Retirement  System who had applied for a disability retirement and
died before the application was received by the New York State Teachers'

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00219-02-1

S. 4148                             2                            A. 6483

Retirement System, to re-file such application on behalf of her deceased
husband. She must file a request with the head of  the  New  York  State
Teachers'  Retirement System on or before December 31, 2011. Such appli-
cation  for  disability retirement shall be deemed to have become effec-
tive on March 18, 1999, and the death benefit payable would therefore be
in accordance with the option election, and not the active member  death
benefit.  The  benefit  payable  pursuant to the provisions of this bill
shall be paid to Christine M. Allen and be in lieu of  any  other  death
benefit.
  The  cost  for  this  benefit  is equal to the increase in the present
value of benefits, which is estimated to be $260,000.
  The source of this estimate is Fiscal Note 2011-18 dated March 9, 2011
prepared by the Actuary of  the  New  York  State  Teachers'  Retirement
System  and  is  intended  for  use  only  during  the  2011 Legislative
Session."

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