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

                                  7298

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  LARKIN -- 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 Thomas L. Miller to file a  retroactive
  application  for  retirement with the New York state teachers' retire-
  ment system

  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,
Jane  A.  Miller, whose deceased husband, Thomas L. Miller, was a member
of the New York state teachers' retirement system, who ceased employment
on July 1, 2009 from his employment by the Newburgh enlarged city school
district as a teacher, who died on  September  20,  2009  and  who,  for
reasons not ascribable to his own negligence, failed to file an applica-
tion  for retirement with the New York state teachers' retirement system
on or before July 1, 2009, shall be deemed to have filed  such  applica-
tion for retirement benefits with such retirement system on July 1, 2009
and  shall be deemed to have elected the 100% survivor option, and shall
receive retirement and death benefits based upon a retirement on July 1,
2009, if within one year of the effective date of this  act,  she  shall
file  an  application  for retirement electing the 100% survivor option,
designating herself as the beneficiary of her husband's  benefits,  with
the New York state teachers' retirement system.
  S 2. This act shall take effect immediately.
  FISCAL  NOTE.--This  bill  would  permit  Thomas L. Miller, a deceased
active member of the New York State  Teachers'  Retirement  System,  who
failed  to  file  an  application for retirement with the New York State
Teachers' Retirement System, to be deemed to have filed  an  application
for  retirement  electing  the  100%  Survivor Option, and shall receive
retirement and death benefits based upon a date of retirement of July 1,
2009. Jane A. Miller, widow of Thomas L.  Miller, must file an  applica-
tion  for  retirement  on  his  behalf with the New York State Teachers'
Retirement System electing the 100% Survivor Option designating  herself
as the beneficiary of her husband's retirement and death benefits within
one year of the effective date of this act.

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

                                                           LBD13374-03-2

S. 7298                             2

  The cost of this benefit is equal to the increase in the present value
of liabilities, which is estimated to be $471,000.
  The  source  of this estimate is Fiscal Note 2012-29 dated May 1, 2012
prepared by the Actuary of  the  New  York  State  Teachers'  Retirement
System and is intended for use only during the 2012 Legislative Session.
I,  Richard  A.  Young,  am the Actuary for the New York State Teachers'
Retirement System. I am a member of the American  Academy  of  Actuaries
and  I meet the Qualification Standards of the American Academy of Actu-
aries to render the actuarial opinion contained herein.