senate Bill S1865

Amended

Authorizes the widow of William James Middlebrooks to file a retirement option election on behalf of her deceased husband

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 03 / Jun / 2014
    • AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 03 / Jun / 2014
    • PRINT NUMBER 1865A

Summary

Authorizes Janice Middlebrooks, the widow of William James Middlebrooks, to file a retirement option election on behalf of her deceased husband.

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Bill Details

Versions:
S1865
S1865A
Legislative Cycle:
2013-2014
Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3230A
2009-2010: S5072

Sponsor Memo

BILL NUMBER:S1865

TITLE OF BILL: An act to authorize the widow of William James Middle-
brooks to file a retirement option election form

PURPOSE: Authorizes the widow of William James Middlebrooks to file a
retirement option election form for her deceased husband.

SUMMARY OF PROVISIONS:

Section 1 allows Janis Middlebrooks, the widow of the deceased William
James Middlebrooks, to file for a retirement election with the state.
Mr. Middlebrooks was employed by the Albion Correctional Facility at the
time of his death on December 3, 3006, however he did not file for a
retirement option prior to his death. All benefits shall be paid to his
widow Janis Middlebrooks.

JUSTIFICATION: This bill would authorize Janis 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. Mr. Middle-
brooks was diagnosed with cancer in January of 2004 and was advised on
October 31, 2004 that he would not be able to return to work. He died on
December 3, 2006. This bill would allow for additional benefit payment
to be made for the period of 11/1/04 through 3/28/2005 and to Mrs.
Middlebrooks for her lifetime.

PRIOR LEGISLATIVE HISTORY: S.3230A/A.7709A Referred to Civil Service
and Pensions S.5072 Referred to Civil Service and Pensions

FISCAL IMPLICATIONS: $196,000 to be shared by the State of New York and
all participating employers in the NYS & Local Employees' Retirement
System.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  1865

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- 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, 2012 she
shall submit a request therefor to the state comptroller.  In  addition,
his application for disability retirement 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 addition any other death benefits paid.
  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.
                                                           LBD04130-01-3

S. 1865                             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 $196,000 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 November 28,  2012  and  intended  for  use  only
during the 2013 Legislative Session, is Fiscal Note No. 2013-8, prepared
by  the  Actuary  for the New York State and Local Employees' Retirement
System.

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