S T A T E O F N E W Y O R K
________________________________________________________________________
7298
I N S E N A T E
May 2, 2012
___________
Introduced by Sen. LARKIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT to authorize the widow of Thomas L. Miller to file a retroactive
application for retirement with the New York state teachers' retire-
ment system
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,
Jane A. Miller, whose deceased husband, Thomas L. Miller, was a member
of the New York state teachers' retirement system, who ceased employment
on July 1, 2009 from his employment by the Newburgh enlarged city school
district as a teacher, who died on September 20, 2009 and who, for
reasons not ascribable to his own negligence, failed to file an applica-
tion for retirement with the New York state teachers' retirement system
on or before July 1, 2009, shall be deemed to have filed such applica-
tion for retirement benefits with such retirement system on July 1, 2009
and shall be deemed to have elected the 100% survivor option, and shall
receive retirement and death benefits based upon a retirement on July 1,
2009, if within one year of the effective date of this act, she shall
file an application for retirement electing the 100% survivor option,
designating herself as the beneficiary of her husband's benefits, with
the New York state teachers' retirement system.
S 2. This act shall take effect immediately.
FISCAL NOTE.--This bill would permit Thomas L. Miller, a deceased
active member of the New York State Teachers' Retirement System, who
failed to file an application for retirement with the New York State
Teachers' Retirement System, to be deemed to have filed an application
for retirement electing the 100% Survivor Option, and shall receive
retirement and death benefits based upon a date of retirement of July 1,
2009. Jane A. Miller, widow of Thomas L. Miller, must file an applica-
tion for retirement on his behalf with the New York State Teachers'
Retirement System electing the 100% Survivor Option designating herself
as the beneficiary of her husband's retirement and death benefits within
one year of the effective date of this act.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13374-03-2
S. 7298 2
The cost of this benefit is equal to the increase in the present value
of liabilities, which is estimated to be $471,000.
The source of this estimate is Fiscal Note 2012-29 dated May 1, 2012
prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2012 Legislative Session.
I, Richard A. Young, am the Actuary for the New York State Teachers'
Retirement System. I am a member of the American Academy of Actuaries
and I meet the Qualification Standards of the American Academy of Actu-
aries to render the actuarial opinion contained herein.