S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8711

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2009
                               ___________

Introduced  by  M.  of  A.  V. LOPEZ, PHEFFER, BARRON, SPANO, ZEBROWSKI,
  MILLMAN, KOON, WEINSTEIN -- (at request of the Office of Court  Admin-
  istration)  -- read once and referred to the Committee on Governmental
  Employees

AN ACT to amend the retirement and social security law, in  relation  to
  death benefits for the beneficiaries of certain members of the retire-
  ment system

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 60 of the retirement and  social  security  law  is
amended by adding a new subdivision g to read as follows:
  G.  1.  NOTWITHSTANDING  ANY  PROVISION  OF THIS SECTION, A MEMBER, OR
WITHIN NINETY DAYS AFTER HIS OR HER DEATH, THE PERSON NOMINATED  BY  HIM
OR  HER  TO  RECEIVE  HIS  OR  HER  ORDINARY DEATH BENEFIT, MAY ELECT TO
RECEIVE, IN LIEU OF SUCH BENEFIT, A DEATH BENEFIT IN  THE  FORM  OF  THE
PENSION  TO  WHICH  SUCH  MEMBER  WOULD HAVE BEEN ENTITLED HAD HE OR SHE
RETIRED EFFECTIVE BEFORE HIS OR HER DEATH. FOR PURPOSES OF THIS SUBDIVI-
SION, THE PERSON MAKING THE ELECTION  HEREUNDER  SHALL,  AT  THAT  TIME,
ELECT  AMONG THE OPTIONS PROVIDED IN SECTION NINETY OF THIS ARTICLE; AND
SUCH OPTION SHALL BE GIVEN EFFECT AS IF MADE BY THE MEMBER.
  2. THE DEATH BENEFIT PROVIDED BY THIS SUBDIVISION SHALL NOT BE PAYABLE
UNLESS THE MEMBER, AT THE TIME OF HIS  OR  HER  DEATH,  IS  ELIGIBLE  TO
RETIRE  AND IS A STATE-PAID JUDGE OR JUSTICE OF THE UNIFIED COURT SYSTEM
(INCLUDING A RETIRED JUDGE OF THE COURT OF APPEALS OR RETIRED JUSTICE OF
THE SUPREME COURT WHO IS SERVING AS  A  JUSTICE  OF  THE  SUPREME  COURT
PURSUANT  TO  CERTIFICATION BY THE ADMINISTRATIVE BOARD OF THE COURTS IN
ACCORDANCE WITH SECTION ONE HUNDRED FOURTEEN OR ONE HUNDRED  FIFTEEN  OF
THE  JUDICIARY LAW) OR A HOUSING JUDGE OF THE CIVIL COURT OF THE CITY OF
NEW YORK ("ELIGIBLE EMPLOYEE"). IN THE EVENT THAT A  MEMBER  ELECTS  THE
DEATH  BENEFIT  PROVIDED  BY THIS SUBDIVISION AND, AT THE TIME OF HIS OR
HER DEATH, HE OR SHE HAS NOT RETIRED BUT IS NOT  AN  ELIGIBLE  EMPLOYEE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09171-03-9
              

A. 8711                             2

HIS  OR  HER BENEFICIARY SHALL BE ENTITLED TO THE ORDINARY DEATH BENEFIT
PROVIDED BY THE OTHER PROVISIONS OF THIS SECTION AND/OR SUCH OTHER BENE-
FITS AS MAY ELSEWHERE BE AUTHORIZED BY LAW.
  S  2. Section 448 of the retirement and social security law is amended
by adding a new subdivision h to read as follows:
  H. 1. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, A MEMBER  WHO  IS
SUBJECT  TO  THE PROVISIONS OF THIS ARTICLE, OR WITHIN NINETY DAYS AFTER
HIS OR HER DEATH, THE PERSON NOMINATED BY HIM OR HER TO RECEIVE  HIS  OR
HER DEATH BENEFIT HEREUNDER, MAY ELECT TO RECEIVE, IN LIEU OF SUCH BENE-
FIT,  A  DEATH  BENEFIT  IN THE FORM OF THE PENSION TO WHICH SUCH MEMBER
WOULD HAVE BEEN ENTITLED HAD HE OR SHE RETIRED EFFECTIVE BEFORE  HIS  OR
HER  DEATH.  FOR  PURPOSES  OF  THIS  SUBDIVISION, THE PERSON MAKING THE
ELECTION HEREUNDER SHALL, AT THAT TIME, ELECT AMONG THE OPTIONS PROVIDED
IN SECTION NINETY OF THIS CHAPTER; AND SUCH OPTION SHALL BE GIVEN EFFECT
AS IF MADE BY THE MEMBER.
  2. THE DEATH BENEFIT PROVIDED BY THIS SUBDIVISION SHALL NOT BE PAYABLE
UNLESS THE MEMBER, AT THE TIME OF HIS  OR  HER  DEATH,  IS  ELIGIBLE  TO
RETIRE  AND IS A STATE-PAID JUDGE OR JUSTICE OF THE UNIFIED COURT SYSTEM
(INCLUDING A RETIRED JUDGE OF THE COURT OF APPEALS OR RETIRED JUSTICE OF
THE SUPREME COURT WHO IS SERVING AS  A  JUSTICE  OF  THE  SUPREME  COURT
PURSUANT  TO  CERTIFICATION BY THE ADMINISTRATIVE BOARD OF THE COURTS IN
ACCORDANCE WITH SECTION ONE HUNDRED FOURTEEN OR ONE HUNDRED  FIFTEEN  OF
THE  JUDICIARY LAW) OR A HOUSING JUDGE OF THE CIVIL COURT OF THE CITY OF
NEW YORK ("ELIGIBLE EMPLOYEE"). IN THE EVENT THAT A  MEMBER  ELECTS  THE
DEATH  BENEFIT  PROVIDED  BY THIS SUBDIVISION AND, AT THE TIME OF HIS OR
HER DEATH, HE OR SHE HAS NOT RETIRED BUT IS NOT  AN  ELIGIBLE  EMPLOYEE,
HIS  OR  HER BENEFICIARY SHALL BE ENTITLED TO THE DEATH BENEFIT PROVIDED
BY THE OTHER PROVISIONS OF THIS SECTION AND/OR SUCH  OTHER  BENEFITS  AS
MAY ELSEWHERE BE AUTHORIZED BY LAW.
  S  3. Section 606 of the retirement and social security law is amended
by adding a new subdivision f to read as follows:
  F. 1. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, A MEMBER  WHO  IS
SUBJECT  TO  THE PROVISIONS OF THIS ARTICLE, OR WITHIN NINETY DAYS AFTER
HIS OR HER DEATH, THE PERSON NOMINATED BY HIM OR HER TO RECEIVE  HIS  OR
HER DEATH BENEFIT HEREUNDER, MAY ELECT TO RECEIVE, IN LIEU OF SUCH BENE-
FIT,  A  DEATH  BENEFIT  IN THE FORM OF THE PENSION TO WHICH SUCH MEMBER
WOULD HAVE BEEN ENTITLED HAD HE OR SHE RETIRED EFFECTIVE BEFORE  HIS  OR
HER  DEATH.  FOR  PURPOSES  OF  THIS  SUBDIVISION, THE PERSON MAKING THE
ELECTION HEREUNDER SHALL, AT THAT TIME, ELECT AMONG THE OPTIONS PROVIDED
IN SECTION NINETY OF THIS CHAPTER; AND SUCH OPTION SHALL BE GIVEN EFFECT
AS IF MADE BY THE MEMBER.
  2. THE DEATH BENEFIT PROVIDED BY THIS SUBDIVISION SHALL NOT BE PAYABLE
UNLESS THE MEMBER, AT THE TIME OF HIS  OR  HER  DEATH,  IS  ELIGIBLE  TO
RETIRE  AND IS A STATE-PAID JUDGE OR JUSTICE OF THE UNIFIED COURT SYSTEM
(INCLUDING A RETIRED JUDGE OF THE COURT OF APPEALS OR RETIRED JUSTICE OF
THE SUPREME COURT WHO IS SERVING AS  A  JUSTICE  OF  THE  SUPREME  COURT
PURSUANT  TO  CERTIFICATION BY THE ADMINISTRATIVE BOARD OF THE COURTS IN
ACCORDANCE WITH SECTION ONE HUNDRED FOURTEEN OR ONE HUNDRED  FIFTEEN  OF
THE  JUDICIARY LAW) OR A HOUSING JUDGE OF THE CIVIL COURT OF THE CITY OF
NEW YORK ("ELIGIBLE EMPLOYEE"). IN THE EVENT THAT  A MEMBER  ELECTS  THE
DEATH  BENEFIT  PROVIDED  BY THIS SUBDIVISION AND, AT THE TIME OF HIS OR
HER DEATH, HE OR SHE HAS NOT RETIRED BUT IS NOT  AN  ELIGIBLE  EMPLOYEE,
HIS  OR  HER BENEFICIARY SHALL BE ENTITLED TO THE DEATH BENEFIT PROVIDED
BY THE OTHER PROVISIONS OF THIS SECTION AND/OR SUCH  OTHER  BENEFITS  AS
MAY ELSEWHERE BE AUTHORIZED BY LAW.

A. 8711                             3

  S 4. This act shall take effect immediately and shall apply to members
of  the  retirement  system  dying  on  or  after  such  effective date;
provided, however, the amendments to section 606 of the  retirement  and
social  security  law  made by section three of this act shall expire on
the  same  date as such section expires and shall not affect the expira-
tion of such section as provided in section 615 of such law.
  FISCAL NOTE.--This bill will modify the death benefit  for  judges  in
the  Unified  Court System who are eligible for a service retirement, to
be the service retirement benefit as if the  judge  had  retired  before
their  death.  The  beneficiary  will  then choose an option pursuant to
Section 90 of the Retirement  and  Social  Security  Law.  For  affected
members  in tiers 2, 3 and 4, this bill will make available a retirement
benefit option for which they are not eligible under a  service  retire-
ment.
  If  this bill is enacted, it is estimated that there will be increases
in the annual contributions of the State of New  York  of  approximately
$170,000.
  In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $5.24 million which will
be borne by the State of New York as a one time payment.
  This  estimate,  dated April 27, 2009 and intended for use only during
the 2009 Legislative Session, is Fiscal Note No. 2009-227,  prepared  by
the  Actuary  for  the  New  York  State and Local Employees' Retirement
System.