Assembly Bill A8711

2009-2010 Legislative Session

Permits an eligible retirement system member to receive, in lieu of an ordinary death benefit, a death benefit such member would otherwise be entitled to receive

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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

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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) - Summary

Permits an eligible retirement system member to elect to receive, in lieu of an ordinary death benefit, a death benefit such member would have been entitled to receive had he or she retired effective before his or her death.

2009-A8711 (ACTIVE) - Sponsor Memo

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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