Senate Bill S6164

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

                                  6164

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                           September 10, 2009
                               ___________

Introduced  by  Sen.  O. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

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
in  the  New  York state and local police and fire retirement system 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 division of  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  division  of  state
police pursuant to this act.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--PURSUANT TO LEGISLATIVE LAW, SECTION 50:
  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 purchase  credit

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14658-02-9
              

S. 6164                             2

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.