S T A T E O F N E W Y O R K
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5355
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
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Introduced by M. of A. RAIA, CONTE, SWEENEY, TOWNSEND -- Multi-Sponsored
by -- M. of A. CROUCH, GORDON, V. LOPEZ, McDONOUGH, SEMINERIO, WEIS-
ENBERG -- read once and referred to the Committee on Governmental
Employees
AN ACT to authorize Pamela Lewanduski to purchase 10 months of military
service credit on behalf of her deceased husband Edward F. Lewanduski
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,
Pamela Lewanduski, the widow of Edward F. Lewanduski who died on June
12, 2004, shall be authorized to purchase ten months of military service
for Mr. Lewanduski's service in the United States Marine Corps from July
1977 through June 1981. Such ten months of purchased military service
credit shall be used in the calculation of the ordinary death benefit
calculated pursuant to section 448 of the retirement and social security
law on account of the death of her husband, Edward F. Lewanduski, who
was employed for nineteen years and two months by the New York state
police, thus entitling Pamela Lewanduski to the death benefit which
would have been payable if her husband had attained twenty years of
service. The military service credit shall be purchased on behalf of
Edward F. Lewanduski as if Mr. Lewanduski had made such application as
of June 11, 2004 and if, within one year of the effective date of this
act, Pamela Lewanduski files a written request with the state comp-
troller to that effect. Upon acceptance of such application the state
comptroller shall adjust Edward F. Lewanduski's death benefit to reflect
the attainment of twenty years of service with the New York state police
pursuant to this act.
S 2. This act shall take effect immediately.
FISCAL NOTE.--This bill will allow Ms. Pamela Lewanduski, the widow of
State Police Officer Edward F. Lewanduski, to receive an ordinary death
benefit based on his pension reserve by retroactively allowing her to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06604-02-9
A. 5355 2
purchase credit for military service that is currently not creditable
and was not purchasable by Officer Lewanduski due to certain
restrictions in the purchasing of military service credit.
If this bill is enacted, there will be an immediate past service cost
of approximately $632,000 which will be shared by the State of New York
and all the participating employers in the New York State and Local
Police and Fire Retirement System.
This estimate, dated February 10, 2009 and intended for use only
during the 2009 Legislative Session, is Fiscal Note No. 2009-121,
prepared by the Actuary for the New York State and Local Police and Fire
Retirement System.