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
May 13, 2013
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-
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
member of the New York State Teachers' Retirement System, who died prior
to filing an application for retirement with the New York State Teach-
ers' Retirement System, to be deemed to have filed an application for
retirement electing the 100% Survivor Option, and shall receive retire-
ment and death benefits based upon a date of retirement of July 1, 2009.
Jane A. Miller, widow of Thomas L. Miller, must file an application for
retirement on his behalf with the New York State Teachers' Retirement
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 5157 2
System electing the 100% Survivor Option designating herself as the
beneficiary of her husband's retirement and death benefit within one
year of the effective date of this act.
The cost of this benefit is equal to the increase in the present value
of liabilities, which is estimated to be $510,000.
The source of this estimate, is Fiscal Note No. 2013-25 dated May 7,
2013 prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2013 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.