NY State Senate Bill 2023-S6751A

Senate Bill S6751A

2023-2024 Legislative Session

Authorizes the widow of Gerald J. Sullivan to file an application 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

download bill text pdf

Current Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 25, 2024	print number 6751a
Mar 25, 2024	amend and recommit to civil service and pensions
Jan 03, 2024	referred to civil service and pensions returned to senate died in assembly
Jun 07, 2023	referred to governmental employees delivered to assembly passed senate ordered to third reading cal.1698 committee discharged and committed to rules
May 09, 2023	referred to civil service and pensions

Votes

- Jun 7, 2023 - Floor Vote
  S6751A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Cooney
      
      Felder
  Jun 7, 2023 - Rules Committee Vote
  S6751A
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 7, 2023
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas

Bill Amendments

Original

A (Active)

2023-S6751 - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in 2021-2022 Legislative Session:: S8087

2023-S6751 - Summary

2023-S6751 - Sponsor Memo

                                 
BILL NUMBER: S6751

SPONSOR: KENNEDY
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation would allow the widow of Gerald J. Sullivan to file an
application with the New York state and local police and fire retirement
system on behalf of Mr. Sullivan.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 allows the widow of Gerald J. Sullivan, Bonnie E. Sullivan, to
file an application for accidental disability retirement with a fire-
fighters' cancer disability presumption pursuant to section 363-d of the
retirement and social security law with the New York state and local

police and fire retirement system on behalf of her deceased husband.

Section 2 states any additional costs for this act shall be paid for by
the state of New York. Section 3 establishes an immediate effective
date.

 
JUSTIFICATION:

Gerald J. Sullivan was previously employed by the Buffalo Fire Depart-
ment 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 363c of the retirement and social security law. Mr.
Sullivan passed away from cancer on December 17, 2020. Mr. Sullivan's
widow was required to apply for accidental disability retirement with a
firefighters' cancer disability presumption pursuant to section 363-d
within five years of his retirement. This legislation would allow Mr.
Sullivan's widow to file this application and have it treated by the
Office of the State Comptroller as filed timely. She would have one year
after the effective date to file this application.

 
LEGISLATIVE HISTORY:

2021-22: S.8087 Passed Senate/A.9630

 
FISCAL IMPLICATIONS:

If enacted during the 2023 legislative session, there will be a past
service cost borne by New York State of $226,000

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6751 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6751
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2023
                                ___________
 
 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 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  their deceased husband pursuant to section 363-d of the RSSL
 and deem such application as timely filed. Gerald Sullivan  passed  away
 from  cancer on December 17, 2020. The retirement benefit will be recal-
 culated and payment will be made retroactive to their date of retirement
 of June 1, 2015.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03035-02-3

 S. 6751                             2
 
   If this bill is enacted during the 2023 legislative session, we  there
 will  be  an immediate past service cost of approximately $226,000 which
 will be borne by the State of New York as a one-time payment. This esti-
 mate assumes that payment will be made on March 1, 2024.
   Summary of relevant resources:
   Membership  data as of March 31, 2022 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2022 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2022  Report  of the Actuary and the 2022 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in the  2020,
 2021,  and  2022  Annual  Report to the Comptroller on Actuarial Assump-
 tions, 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, 2022
 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 March 23, 2023, and intended for use only  during
 the  2023  Legislative Session, is Fiscal Note No. 2023-115, prepared by
 the Actuary for the New York State and Local Retirement System.

2023-S6751A (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in 2021-2022 Legislative Session:: S8087

2023-S6751A (ACTIVE) - Summary

2023-S6751A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6751A

SPONSOR: KENNEDY
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation would allow the widow of Gerald J. Sullivan to file an
application with the New York state and local police and fire retirement
system on behalf of Mr. Sullivan.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 allows the widow of Gerald J. Sullivan, Bonnie E. Sullivan, to
file an application for accidental disability retirement with a fire-
fighters' cancer disability presumption pursuant to section 363-d of the
retirement and social security law with the New York state and local

police and fire retirement system on behalf of her deceased husband.

Section 2 states any additional costs for this act shall be paid for by
the state of New York.

Section 3 establishes an immediate effective date.

 
JUSTIFICATION:

Gerald J. Sullivan was previously employed by the Buffalo Fire Depart-
ment 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 363c of the retirement and social security law. Mr.
Sullivan passed away from cancer on December 17, 2020. Mr. Sullivan's
widow was required to apply for accidental disability retirement with a
firefighters' cancer disability presumption pursuant to section 363-d
within five years of his retirement. This legislation would allow Mr.
Sullivan's widow to file this application and have it treated by the
Office of the State Comptroller as filed timely. She would have one year
after the effective date to file this application.

 
LEGISLATIVE HISTORY:

2021-22: S.8087 Passed Senate/A.9630

 
FISCAL IMPLICATIONS:

If enacted during the 2023 legislative session, there will be a past
service cost borne by New York State of $233,000

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6751A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6751--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2023
                                ___________
 
 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-
   tee
 
 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 to file an  application  for
 accidental  disability  retirement  pursuant  to  section  363-d  of the
 Retirement and Social Security Law (RSSL) on behalf  of  their  deceased
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03035-07-4

 S. 6751--A                          2
 
 husband Gerald Sullivan. If this bill is enacted, and an application for
 accidental disability retirement is timely filed, the current retirement
 benefit  will be recalculated, and payment will be made to Bonnie Sulli-
 van  retroactive to June 1, 2015, the date Gerald Sullivan first retired
 with a performance of duty disability benefit pursuant to section  363-c
 of the RSSL.
   If  this  bill  is  enacted  during  the 2024 Legislative Session, and
 Bonnie Sullivan timely files the  required  application  for  accidental
 disability  retirement,  there will be an immediate past service cost of
 approximately $233,000 which will be borne by the State of New York as a
 one-time payment. This estimate assumes that payment  will  be  made  on
 March 1, 2025.
   Summary of relevant resources:
   Membership  data as of March 31, 2023 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2023 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2023
 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, 2023
 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 March 15, 2024, and intended for use only  during
 the  2024  Legislative Session, is Fiscal Note No. 2024-131, prepared by
 the Actuary for the New York State and Local Retirement System.

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