Senate Bill S3651

                                 BILL NUMBER:  S3651

 TITLE OF BILL :
An act relating to the application for retirement filed by Edward S.
Harrison


 PURPOSE :
To deem the retirement application filed by Edward Harrison for a
regular service retirement with the New York State and Local Employees
Retirement System to be timely filed.

 SUMMARY OF PROVISIONS :
The bill provides that notwithstanding any other provision of law, the
retirement application of Edward Harrison, deceased, who was employed
by New York State for 28 years shall be deemed to have been filed at
least 30 days prior to retirement for purposes of determining his
retirement benefits, if the wife or estate representative of Mr.
Harrison files a written retirement request to the State Comptroller
on or before December 31, 2009.

 EXISTING LAW :
Mr. Harrison's widow is entitled only to a disability pension under
current law.

 JUSTIFICATION :
              

Edward Harrison was a Purple Heart recipient and 28 year employee of
the New York State Department of Labor. He was diagnosed with liver
cancer in September 2005 and had received experimental treatments
designed to regrow his liver. Mr. Harrison had originally received
optimistic reports about his condition and about subsequent treatment
options which should arrest the cancer. He left work on December 19th
to continue his treatments. On January 17th, after a meeting with his
doctors, he was told that his treatments had failed and that he had
less than a month to live. Mr.  Harrison immediately filled out his
retirement application which was hand delivered to Albany on January
20th, the same day of his death.  Unfortunately current law requires
that retirement papers be on file for at least 30 days prior to
retirement. In this case Mr. Harrison will be granted a disability
retirement rather than a regular service retirement which results in a
significantly reduced retirement benefit for his surviving spouse. Mr.
Harrison in all other respects qualified for a service retirement and
would certainly have filed his retirement application sooner had he
known his true condition. Mrs.  Harrison should not be penalized
merely on the basis of a technical filing requirement.

 LEGISLATIVE HISTORY :
2006: S.74831 A.10895- referred to civil service/referred to
governmental employees
2007: S.2870/A.5171 - committed to rules/ referred to governmental
employees
2008: S.2870-A/A.5171-A - amended and recommitted to civil service and
pensions/amended and recommitted to governmental employees

 FISCAL IMPLICATIONS :
This bill will deem the service retirement application filed by the
late Edward S. Harrison on January 20, 2006 to have been filed thirty
days prior to his disability retirement date.

If this bill is enacted, there will be an immediate past service cost
of approximately $44,800, which would be borne by the State of New
York as a one-time payment. This estimate is based on the assumption
that payment will be made on March 1, 2010.

This estimate, dated March 24, 2009 and intended for use only during
the 2009 Legislative Session, is Fiscal Note No. 2009-200, prepared by
the Actuary for the New York State and Local Employees' Retirement
System.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.