Senate Bill S3230A

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

                                 3230--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 14, 2011
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  authorize the widow of William James Middlebrooks to file a
  retirement option election form

  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,
Janice  Middlebrooks,  the  widow  of William James Middlebrooks who was
employed by the Albion Correctional Facility, was a member  of  the  New
York  state  and  local employees' retirement system, was diagnosed with
cancer in January of 2004, was advised on October 31, 2004 that he would
be unable to return to employment as the result of  his  malignancy  and
the  treatment  therefor, and died on December 3, 2006 prior to filing a
retirement election form with the New York state  and  local  employees'
retirement system, shall be authorized to file such option election form
on behalf of her deceased husband, if on or before December 31, 2012 she
shall  submit a request therefor to the state comptroller.  In addition,
his application for disability retirement shall be deemed to have become
effective on November 1, 2004.  All retirement benefits payable pursuant
to the provisions of this act shall be paid to Janice  Middlebrooks  and
shall be in addition any other death benefits paid.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  would  authorize  Janice  Middlebrooks to file an ordinary
disability application with a date of retirement of November 1, 2004 and
an option election form on behalf of her deceased husband William  James
Middlebrooks.  Mr.  Middlebrooks  received a disability retirement which

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08973-04-2
              

S. 3230--A                          2

was paid beginning on 3/28/2005. Upon  his  death  all  payments  ceased
because  no  option  election  form  was filed. By filing the disability
application and an option election form, an additional benefit  will  be
paid  for  the  period  11/1/04-3/28/05  and  a benefit will continue to
Janice Middlebrooks for her lifetime.
  If this bill is enacted, there will be an immediate past service  cost
of  approximately $186,000 which will be shared by the State of New York
and all the participating employers in the  New  York  State  and  Local
Employees' Retirement System.
  This  estimate,  dated  November  21,  2011  and intended for use only
during the 2012 Legislative Session, if Fiscal Note No. 2012-7, prepared
by the Actuary for the New York State and  Local  Employees'  Retirement
System.