senate Bill S5058B

Signed by Governor

Authorizes Beth Barsamian to receive an ordinary death benefit of her daughter, Lauren Barsamian

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Bill Status


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

  • 07 / May / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 12 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1353
  • 17 / Jun / 2013
    • AMENDED ON THIRD READING 5058A
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2013
    • REFERRED TO GOVERNMENTAL EMPLOYEES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 12 / Mar / 2014
    • AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 12 / Mar / 2014
    • PRINT NUMBER 5058B
  • 19 / May / 2014
    • 1ST REPORT CAL.787
  • 20 / May / 2014
    • 2ND REPORT CAL.
  • 21 / May / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO GOVERNMENTAL EMPLOYEES
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A7533B
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.543
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 10 / Nov / 2014
    • DELIVERED TO GOVERNOR
  • 21 / Nov / 2014
    • SIGNED CHAP.460

Summary

Authorizes Beth Barsamian to receive an ordinary death benefit of her daughter, Lauren Barsamian; provides for the transfer of the daughter's service in the New York state and local employees' retirement system to the New York state teachers' retirement system.

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Bill Details

See Assembly Version of this Bill:
A7533B
Versions:
S5058
S5058A
S5058B
Legislative Cycle:
2013-2014
Law Section:
Retirement
Versions Introduced in 2011-2012 Legislative Cycle:
S7764, S7764

Sponsor Memo

BILL NUMBER:S5058B

TITLE OF BILL: An act to authorize Beth Barsamian to receive an
ordinary death benefit of her daughter, Lauren Barsamian

PURPOSE: To authorize Beth Barsamian to receive an ordinary death
benefit of her daughter, Lauren Barsamian.

SUMMARY OF PROVISIONS: Section 1 authorizes the designated beneficiary
to receive an ordinary death benefit for Lauren Barsamian.

Section 2 provides the effective date.

JUSTIFICATION: Lauren Barsamian had worked for the St. Joseph's school
for the deaf in the Bronx, which participates in the NYS and Local
Employees Retirement System (NYSLRS), for approximately 3 years. In
September 2005 she began working for the East Ramapo Central School
District, which participates in the Teachers' Retirement System.
Tragically, Lauren died as a result of a boating accident that
occurred on October 8, 2005. Lauren filed an application for
membership in the Teachers' Retirement System but was not instructed
to fill out and sign the Request for Direct Transfer of Membership
form.

This form was necessary in order for her credit that she had accrued
in the NYSLRS to be transferred to the Teachers' Retirement System.
This resulted in 3 years of credit and all the applicable benefits she
was entitled to, not being transferred. This legislation will rectify
this most unfortunate situation and is fully supported by the
Teachers' Retirement System.

LEGISLATIVE HISTORY: 2013: S.5058-A - passed Senate 2011-12: S.7764 -
referred to Civil Service and Pensions 2009-10: S.5263 - referred to
Civil Service and Pensions 2008-07: S.5660-A - referred to Civil
Service and Pensions 2006: S.8307 - referred to Rules

FISCAL IMPLICATIONS: According to the fiscal note prepared by the
Teachers' Retirement System, the cost of this benefit is equal to the
amount of Ms. Barsamian's ordinary death benefit, which is estimated
to be $167,000.

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
________________________________________________________________________

                                 5058--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged and said bill committed to  the  Committee  on
  Rules  --  ordered  to a third reading, amended and ordered reprinted,
  retaining its place in the order of third reading  --  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 committee

AN  ACT to authorize Beth Barsamian to receive an ordinary death benefit
  of her daughter, Lauren Barsamian

  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,
Beth  Barsamian  shall  be hereby eligible to receive the ordinary death
benefit calculated pursuant to section 606 of the retirement and  social
security  law on account of the death of her daughter, Lauren Barsamian,
who died on October 14, 2005 from a tragic  accident  that  occurred  on
October  8,  2005,  while employed by the East Ramapo School District, a
member of the New  York  state  teachers'  retirement  system,  and  for
reasons  not ascribable to Lauren Barsamian's own negligence, the trans-
fer of her prior service credit as a teacher from September 2002 through
August 2005 at the St. Joseph's School for the Deaf, an  employer  which
participates  in  the  New  York  state  and local employees' retirement
system, was not completed and as such did not afford death  coverage  to
her  mother and family. Beth Barsamian is further authorized to transfer
the prior service credit of Lauren Barsamian in the New York  state  and
local  employees'  retirement  system  to  the  New York state teachers'
retirement system which Lauren Barsamian joined on September 1, 2005, if
on or before December 31, 2014, she files an application  therefor  with
the  state  comptroller.  Such  transfer  shall  be deemed to have taken

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08612-11-4

S. 5058--B                          2

effect on the beginning date of Lauren Barsamian's membership  with  the
New York state teachers' retirement system.
  Transfer  of  Lauren Barsamian's prior service credit shall be made by
the New York state and local employees' retirement  system  to  the  New
York state teachers' retirement system upon notification from the former
retirement  system to the latter retirement system that Lauren Barsamian
would have met all of the requirements, had she been alive.  There shall
not be a transfer of the member's  contributions  because  those  monies
have already been paid out to her designated beneficiary.
  All  costs  incurred by implementing the provisions of this act due to
past service shall be borne by the employers of members of the New  York
state teachers' retirement system.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
  This  bill would allow Beth Barsamian, the mother of Lauren Barsamian,
to transfer Lauren Barsamian's service credit in the New York State  and
Local  Employees'  Retirement  System  to  the  New York State Teachers'
Retirement System. Lauren Barsamian became a  member  of  the  New  York
State Teachers' Retirement System on September 1, 2005 and died on Octo-
ber  14,  2005  from a tragic accident that occurred on October 8, 2005.
Lauren Barsamian was ineligible for death benefit coverage  under  Para-
graph 2 of Section 606 of the Retirement and Social Security Law because
she  had  less  than  one year of service credit with the New York State
Teachers' Retirement System at the time of her death. However, she would
have been eligible for death benefit coverage had  she  transferred  her
service  credit  in  the  New York State and Local Employees' Retirement
System to the New York State Teachers' Retirement System  prior  to  her
death.
  The  cost  of  this  benefit is equal to the amount of Ms. Barsamian's
ordinary death benefit, which is estimated to be $167,000.
  The source of this estimate is Fiscal Note 2014-21 dated March 5, 2014
prepared by the Actuary of  the  New  York  State  Teachers'  Retirement
System and is intended for use only during the 2014 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.

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