S T A T E O F N E W Y O R K
________________________________________________________________________
5450--A
2011-2012 Regular Sessions
I N A S S E M B L Y
February 18, 2011
___________
Introduced by M. of A. RAIA, CASTELLI, CONTE, KOLB, SWEENEY, STEVENSON
-- Multi-Sponsored by -- M. of A. CROUCH, V. LOPEZ, McDONOUGH,
McLAUGHLIN, WEISENBERG -- read once and referred to the Committee on
Governmental Employees -- recommitted to the Committee on Governmental
Employees in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06601-03-2
A. 5450--A 2
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
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.