S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9630
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by M. of A. BURKE -- read once and referred to the Committee
   on Governmental Employees
 
 AN ACT to authorize the widow of Gerald J. Sullivan to file an  applica-
   tion  with  the  New  York  state and local police and fire retirement
   system on behalf of such deceased member and deem such application  as
   timely filed

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding the provisions of any  general  or  special
 law,  rule  or regulation to the contrary, Bonnie E. Sullivan is author-
 ized to file an application for accidental disability retirement with  a
 firefighters' cancer disability presumption pursuant to section 363-d of
 the retirement and social security law on behalf of her deceased husband
 Gerald  J.  Sullivan  who  was  previously  employed by the Buffalo Fire
 Department and was a performance of duty disability retiree of  the  New
 York  state  and  local  police and fire retirement system since June 1,
 2015 pursuant to section 363-c of the retirement and social security law
 and passed away from cancer on December 17, 2020.  Such  application  if
 filed  with  the state comptroller within one year of the effective date
 of this act shall be deemed as timely filed.
   § 2. Any additional costs for this act shall be paid by the  state  of
 New York.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill would authorize Bonnie Sullivan, the widow of Gerald Sulli-
 van, to file an application  for  accidental  disability  retirement  on
 behalf of her deceased husband pursuant to section 363-d of the RSSL and
 deem  such  application  as  timely filed. Mr. Sullivan passed away from
 cancer on December 17, 2020. The retirement benefit will be recalculated
 and payment will be made retroactive to his date of retirement  of  June
 1, 2015.
   If  this  bill  is enacted during the 2022 legislative session and the
 accidental disability is granted to Mr.  Sullivan  as  of  his  date  of
 retirement, there will be an immediate past service cost of approximate-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13591-02-2
 A. 9630                             2
 
 ly  $175,000  that would be borne by the State of New York as a one-time
 payment. This estimate is based on the assumption that payment  will  be
 made on March 1, 2023.
   Summary of relevant resources:
   Membership  data as of March 31, 2021 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2021 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2021  Report  of the Actuary and the 2021 Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2020
 and  2021 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, 2021
 New  York  State  and  Local  Retirement System Financial Statements and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This fiscal note does not constitute a legal opinion on the  viability
 of  the  proposed change nor is it intended to serve as a substitute for
 the professional judgment of an attorney.
   This estimate, dated January 24,  2021,  and  intended  for  use  only
 during  the  2022  Legislative  Session,  is  Fiscal  Note  No. 2022-55,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.