S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
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
-- 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-
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 with a joint allowance full option, if
on or before December 31, 2014 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 to 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 1865--A 2
an option election form with a joint allowance full option 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 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 $203,000 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.
Summary of relevant resources:
The membership data used in measuring the impact of the proposed
change was the same as that used in the March 31, 2013 actuarial valu-
ation. Distributions and other statistics can be found in the 2013
Report of the Actuary and the 2013 Comprehensive Annual Financial
The actuarial assumptions and methods used are described in 2010,
2011, 2012 and 2013 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, 2013
New York State and Local Retirement System Financial Statements and
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This estimate, dated May 27, 2014, and intended for use only during
the 2014 Legislative Session, is Fiscal Note No. 2014-144, prepared by
the Actuary for the New York State and Local Employees' Retirement