Senate Bill S4011A

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

                                 4011--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 14, 2011
                               ___________

Introduced  by  Sen. JOHNSON -- 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 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
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 New York 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 New York state police
pursuant to this act.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06601-04-2
              

S. 4011--A                          2

  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
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 $731,000 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.
  Summary of relevant resources:
  Data:  March  31,  2011  Actuarial Year End File with distributions of
membership and other statistics displayed in  the  2011  Report  of  the
Actuary and 2011 Comprehensive Annual Financial Report.
  Assumptions  and  Methods:  2010  and  2011 Annual Report to the Comp-
troller on Actuarial Assumptions, Codes Rules  and  Regulations  of  the
State of New York: Audit and Control.
  Market  Assets and GASB Disclosures: March 31, 2011 New York State and
Local Retirement System Financial Statements and Supplementary  Informa-
tion.
  Valuations  of Benefit Liabilities and Actuarial Assets: summarized in
the 2011 Actuarial Valuations report.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
  This estimate, dated January 27, 2012 and intended for use only during
the 2012 Legislative Session, is Fiscal Note No.  2012-72,  prepared  by
the  Actuary for the New York State and Local Police and Fire Retirement
System.