S T A T E O F N E W Y O R K
________________________________________________________________________
7168
2009-2010 Regular Sessions
I N A S S E M B L Y
March 25, 2009
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Introduced by M. of A. ABBATE, DenDEKKER, TOWNSEND, PHEFFER, SALADINO --
read once and referred to the Committee on Governmental Employees
AN ACT to amend the retirement and social security law and the education
law, in relation to providing beneficiaries with the same allocation
of retirement benefits if the member has the service retirement appli-
cation, disability retirement applications or option election forms
postmarked prior to his or her death
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The retirement and social security law is amended by adding
a new section 74-a to read as follows:
S 74-A. APPLICATIONS AND ELECTIONS; ISSUES DUE TO DEATH. WHENEVER A
STATUTE REQUIRES THAT A DOCUMENT MUST BE FILED OR MONEYS DEPOSITED WITH
THE SYSTEM WITHIN A PRESCRIBED PERIOD OF TIME OR BY A SPECIFIED DATE IN
ORDER FOR A MEMBER TO BE ELIGIBLE FOR SERVICE CREDIT OR A BENEFIT FROM
THE SYSTEM THE DOCUMENT SHALL BE DEEMED FILED OR THE MONEYS DEPOSITED
WITH THE SYSTEM ON THE DAY THEY ARE CLEARLY POSTMARKED BY THE UNITED
STATES POSTAL SERVICE AS THE RETIREMENT SYSTEM MAY SPECIFICALLY PERMIT
BY RULE OR REGULATION. NOTWITHSTANDING THE PROVISIONS HEREOF, NO SUCH
DOCUMENT SHALL BE DEEMED FILED OR MONEYS DEPOSITED WITH THE SYSTEM ON
THE DAY OF MAILING UNLESS ACTUALLY RECEIVED BY THE RETIREMENT SYSTEM AS
A RESULT OF SUCH MAILING.
S 2. The retirement and social security law is amended by adding a new
section 374-a to read as follows:
S 374-A. APPLICATIONS AND ELECTIONS; ISSUES DUE TO DEATH. WHENEVER A
STATUTE REQUIRES THAT A DOCUMENT MUST BE FILED OR MONEYS DEPOSITED WITH
THE SYSTEM WITHIN A PRESCRIBED PERIOD OF TIME OR BY A SPECIFIED DATE IN
ORDER FOR A MEMBER TO BE ELIGIBLE FOR SERVICE CREDIT OR A BENEFIT FROM
THE SYSTEM THE DOCUMENT SHALL BE DEEMED FILED OR THE MONEYS DEPOSITED
WITH THE SYSTEM ON THE DAY THEY ARE CLEARLY POSTMARKED BY THE UNITED
STATES POSTAL SERVICE AS THE RETIREMENT SYSTEM MAY SPECIFICALLY PERMIT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09514-01-9
A. 7168 2
BY RULE OR REGULATION. NOTWITHSTANDING THE PROVISIONS HEREOF, NO SUCH
DOCUMENT SHALL BE DEEMED FILED OR MONEYS DEPOSITED WITH THE SYSTEM ON
THE DAY OF MAILING UNLESS ACTUALLY RECEIVED BY THE RETIREMENT SYSTEM AS
A RESULT OF SUCH MAILING.
S 3. Subdivision 19 of section 508 of the education law, as amended by
chapter 248 of the laws of 2003, is amended to read as follows:
19. Whenever a statute requires that a document must be filed or
moneys deposited with the system within a prescribed period of time or
by a specified date in order for a member to be eligible for service
credit or a benefit from the system the document shall be deemed filed
or the moneys deposited with the system on the day they are [mailed
through] CLEARLY POSTMARKED BY the United States postal service
[provided the mailing is by registered or certified mail or such other
equivalent service provided by the United States postal service] as the
retirement board may specifically permit by rule or regulation. Notwith-
standing the provisions hereof, no such document shall be deemed filed
or moneys deposited with the system on the day of mailing unless actual-
ly received by the retirement system as a result of such mailing.
S 4. This act shall take effect immediately.