Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to governmental employees |
Jun 04, 2009 |
referred to governmental employees |
Assembly Bill A8711
2009-2010 Legislative Session
Sponsored By
LOPEZ V
Archive: Last Bill Status - In Assembly 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
Actions
co-Sponsors
Audrey Pheffer
Inez Barron
Mike Spano
Kenneth Zebrowski
2009-A8711 (ACTIVE) - Details
- Current Committee:
- Assembly Governmental Employees
- Law Section:
- Retirement and Social Security Law
- Laws Affected:
- Amd ยงยง60, 448 & 606, R & SS L
2009-A8711 (ACTIVE) - Sponsor Memo
BILL NUMBER:A8711 TITLE OF BILL: An act to amend the retirement and social security law, in relation to death benefits for the beneficiaries of certain members of the retirement system This measure is designed principally to cure an inequity arising under current provisions of the. Retirement and Social Security Law insofar as they govern entitlement to death benefits. Such provisions call for payment of death benefits in lieu of a pension to the beneficiary of a public employee when he or she dies in service. These death benefits generally are of lesser value than the pension to which such an employee and his or her beneficiaries would be entitled were the employee to have. retired before death. In recent years, this disparity has, to some extent, been buffered by the proliferation of early retirement opportu- nities extended to many, if not most public employees. Rather than having to remain in service for longer periods after they become eligi- ble. to retire, in order to beef up their pensions, employees have been able to retire early while adding significantly to their pension credit. By so doing, they have eliminated the need to gamble on living long enough, while remaining in employment, to earn an adequate pension. Judges are among the few classes of public employees who have not been able to take advantage of the early retirement opportunities. They have been excluded as a group from each of the relevant statutes. The result is that many judges, most of whom first enter upon their judicial duties
2009-A8711 (ACTIVE) - Bill Text download pdf
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
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