senate Bill S3234

2011-2012 Legislative Session

Authorizes the beneficiaries of John E. Johnson to receive a death benefit which is not reduced because he was over 60 years of age

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to civil service and pensions
Feb 14, 2011 referred to civil service and pensions

S3234 - Bill Details

See Assembly Version of this Bill:
A5120
Current Committee:
Law Section:
Retirement
Versions Introduced in 2009-2010 Legislative Session:
S2690, A6197

S3234 - Bill Texts

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Authorizes the beneficiaries of John E. Johnson to receive a death benefit which is not reduced because he was over 60 years of age.

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BILL NUMBER:S3234

TITLE OF BILL:
An act
to authorize the designated beneficiary or beneficiaries of John E.
Johnson to receive a death benefit equal to three times his salary
without
reduction based on mortality

PURPOSE:
To provide a death benefit without penalty to the beneficiary or
beneficiaries of John E. Johnson

SUMMARY OF PROVISIONS:
Section 1 - Provides that the beneficiary or beneficiaries of John E.
Johnson shall receive a death benefit based upon his pension reserve
calculated as if he died at the age of 60.

Section 2 - Contains the effective date.

JUSTIFICATION:
John E. Johnson was the Director of Clinton County Mental Health
Services who passed away unexpectedly February 18, 2004 at the age of
66 while attending a County Health Committee meeting. Mr. Johnson
had intended to retire within six months of his untimely death.
However, because John worked six years past the age of 60, his death
benefit is reduced four percent for every year he worked resulting in
a total reduction of 24 percent.

This legislation would remove this 24 percent penalty and restore his
death benefit to the full amount

LEGISLATIVE HISTORY:
2010: S.2690 Civil Service &. Pensions/A.6197 Governmental Employees
2007: S.1107 Civil Service & Pensions/A.1774 Governmental Employees
2006: S.1601-A Civil Service & Pensions/A.7846-A Governmental Employees
2005: S.1601 3rd Reading/A.7846-A Governmental Employees
2004: S.7472-A Rules

FISCAL IMPLICATIONS:
This bill will entitle the estate of John E. Johnson, a former
employee of the State of New York as well as Clinton County, to a
death benefit of three times salary, plus Mr. Johnson's accumulated
contributions, without any reduction for age. It is anticipated
that there will be an immediate past service cost of approximately
$107,000, which will be shared by the State of New York and all the
participating employers of the New York State and Local Employees'
Retirement System.

EFFECTIVE DATE:
This act shall take effect immediately.

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

    S. 3234                                                  A. 5120

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 14, 2011
                               ___________

IN  SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Civil Service
  and Pensions

IN ASSEMBLY -- Introduced by M. of A. DUPREY -- read once  and  referred
  to the Committee on Governmental Employees

AN  ACT to authorize the designated beneficiary or beneficiaries of John
  E.  Johnson to receive a death benefit equal to three times his salary
  without reduction based on mortality

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Notwithstanding any provision of law to the contrary, the
beneficiary or beneficiaries of John E. Johnson, who was a member of the
New York  state and local employees' retirement system and was  employed
by  the county of Clinton upon his death on February 18, 2004 at the age
of 66 years, shall be entitled to receive a death benefit equal to  such
member's  salary  multiplied  by  three,  plus  the member's accumulated
contributions, if, on or before December 31, 2011, such  beneficiary  or
beneficiaries  shall  file  an application therefor with the state comp-
troller.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--This bill will entitle the estate of John E. Johnson,  a
former employee of the State of New York as well as Clinton County, to a
death  benefit  of  three  times  salary, plus Mr. Johnson's accumulated
contributions, without any reduction for age.
  If this bill were enacted, we anticipate that there will be an immedi-
ate past service cost of approximately $107,000, which will be shared by
the State of New York and all the participating  employers  of  the  New
York State and Local Employees' Retirement System.
  This  estimate,  dated  February  3,  2011,  and intended for use only
during the 2011  Legislative  Session,  is  Fiscal  Note  No.  2011-104,
prepared  by  the  Actuary  for  the New York State and Local Employees'
Retirement System.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07963-02-1

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