senate Bill S5157

2013-2014 Legislative Session

Authorizes Jane A. Miller to file a retroactive retirement application with the New York state teachers' retirement system on behalf of her deceased husband

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to civil service and pensions
May 13, 2013 referred to civil service and pensions

S5157 - Bill Details

Current Committee:
Law Section:
Retirement
Versions Introduced in 2011-2012 Legislative Session:
S7298

S5157 - Bill Texts

view summary

Authorizes Jane A. Miller to file a retroactive retirement application with the New York state teachers' retirement system on behalf of her deceased husband, Thomas L. Miller, and to receive all benefits payable based upon such retirement.

view sponsor memo
BILL NUMBER:S5157

TITLE OF BILL: An act to authorize the widow of Thomas L. Miller to
file a retroactive application for retirement with the New York state
teachers' retirement system PURPOSE: To allow Jane A. Miller to file
a retroactive retirement application with the New York state teachers'
retirement system on behalf of her deceased husband.

SUMMARY OF PROVISIONS: Section 1: See purpose section above. Section
2: Effective date.

JUSTIFICATION: Thomas Miller was a member of the New York state
teachers' retirement system, who retired on July 1, 2009, from his
employment with the Newburgh enlarged city school district as a
teacher. Before his death on September 20, 2009, Mr. Miller, due to
his failing health and for reasons not ascribable to his own
negligence, failed to file an application for retirement with the New
York state teachers' retirement system on or before June 1, 2009. Due
to this failure to submit proof of retirement to the NYSTRS, his
surviving spouse, Jane Miller, may only receive Pre-Retirement Death
Benefits. This legislation would correct this issue by allowing Mrs.
Miller to file retroactive retirement application with the NYSTRS.

LEGISLATIVE HISTORY: 2012-S7298-Referred to Civil Service and
Pensions

FISCAL IMPLICATIONS: See attached fiscal note.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5157

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 13, 2013
                               ___________

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
member of the New York State Teachers' Retirement System, who died prior
to filing an application for retirement with the New York  State  Teach-
ers'  Retirement  System,  to be deemed to have filed an application for
retirement electing the 100% Survivor Option, and shall receive  retire-
ment and death benefits based upon a date of retirement of July 1, 2009.
Jane  A. Miller, widow of Thomas L. Miller, must file an application for
retirement on his behalf with the New York  State  Teachers'  Retirement

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05868-02-3

S. 5157                             2

System  electing  the  100%  Survivor  Option designating herself as the
beneficiary of her husband's retirement and  death  benefit  within  one
year of the effective date of this act.
  The cost of this benefit is equal to the increase in the present value
of liabilities, which is estimated to be $510,000.
  The  source  of this estimate, is Fiscal Note No. 2013-25 dated May 7,
2013 prepared by the Actuary of the New York State Teachers'  Retirement
System and is intended for use only during the 2013 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.