senate Bill S5546

2013-2014 Legislative Session

Authorizes and directs the New York city retirement system to redesignate former corrections officer John K. Filipowicz's retirement option

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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 08, 2014 referred to civil service and pensions
Jun 21, 2013 recommitted to rules
Jun 12, 2013 ordered to third reading cal.1373
committee discharged and committed to rules
May 16, 2013 referred to civil service and pensions

Votes

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Jun 17, 2013 - Rules committee Vote

S5546
12
0
committee
12
Aye
0
Nay
12
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Jun 12, 2013 - Rules committee Vote

S5546
12
0
committee
12
Aye
0
Nay
12
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

S5546 - Bill Details

Current Committee:
Law Section:
Retirement

S5546 - Bill Texts

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Authorizes and directs the New York city retirement system to redesignate former corrections officer John K. Filipowicz's retirement option to the most favorable option for his surviving spouse.

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BILL NUMBER:S5546

TITLE OF BILL: An act authorizing and directing the New York City
retirement system to redesignate former corrections officer John K.
Filipowicz's retirement option

PURPOSE: Allows the New York City Employees' Retirement System

(NYCERS) to redesignate a deceased member's retirement option to
provide for his surviving spouse.

SUMMARY OF PROVISIONS: Within the unconsolidated law:

§ 1 - provides for legislative intent

§ 2 - allows NYCERS to cancel the retirement option designated by
former member John K. Filipowicz upon his retirement on August 31,
2006.

§ 3 allows NYCERS to provide for a survivor benefit for Mr.
Filipowicz's widow, upon application to the system of the following
proof:

* A will providing that the deceased member intended to provide his
spouse a share of his estate provided he predeceased her.

* Proof they resided together in a subsisting matrimonial relationship

§ 4 - provides for an immediate effective date and that the law shall
be deemed in full force and effect on October 30, 2012.

EXISTING LAW: Current law does not allow for the redesignation of a
members specified retirement option. Chapter 272 of the laws of 1997
allowed for a retiree member of NYCERS to change his option to the
maximum benefit from a lesser benefit with a survivor option due to
the death of his beneficiary.

JUSTIFICATION: John K. Filipowicz served as a correction officer in
the City of New York, which made his a member of NYCERS for retirement
purposes. He retired on August 31, 2006 and selection the option
providing for the maximum retirement option, which provides no
survivor benefit.

Mr. Filipowicz and his son, John died on October 30, 2012 from
injuries sustained during Hurricane Sandy. The immediate, tragic and
unexpected death did not allow for possible estate planning for the
family. This retirement option change to provide a survivor benefit,
will allow for the family to be provided for.

LEGISLATIVE HISTORY: 2013 Session - new legislation

FISCAL IMPLICATIONS/LOCAL FISCAL IMPLICATIONS: To be determined by the
actuary of NICER.

EFFECTIVE DATE: Immediately


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

                                  5546

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT authorizing and directing the New York City retirement system  to
  redesignate former corrections officer John K. Filipowicz's retirement
  option

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

  Section 1. The legislature hereby finds and determines that the tragic
and unusual circumstances regarding the recent death of a former  member
of  the  New York city employees' retirement system warrant the extraor-
dinary relief of a change in the retirement option designation  made  by
such  deceased  former  member.  The  purpose  of this legislation is to
provide compelling, equitable  and  remedial  relief  to  the  surviving
spouse and children of a deceased member of the New York city employees'
retirement system.
  S  2.  Notwithstanding any inconsistent provision of law, the New York
city employees' retirement system, is hereby  authorized  and  directed,
subject  to  the  provisions of section three of this act, to cancel the
retirement option designated by a former member John  K.  Filipowicz  of
such  system who retired from such system effective August 31, 2006, and
died on October 30, 2012, from causes other than natural.
  S 3. The retirement system,  shall  redesignate,  the  most  favorable
retirement  option that the deceased member could have designated at the
time of his original option designation for the  purpose  of  protecting
his  spouse,  from  financial  hardship in the event of his predeceasing
her, if upon application to the system  the  surviving  spouse  provides
proof of the following:
  1.  A  legally  valid  and  effective  last will and testament of such
deceased member which indicates the intention of the deceased member  to
leave  to his spouse after his death, should she survive him, a share of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08647-01-3

S. 5546                             2

his estate in excess of that to which she would be entitled under part 1
of article 5 of the estates, powers and trusts law;
  2.  Evidence  that  at  the  time  the  deceased member designated his
retirement option and up until the  date  of  his  death,  the  deceased
member  resided  together  with  his  spouse in a subsisting matrimonial
relationship.
  The retirement system, shall make such option redesignation  upon  the
presentation  or  offer of the evidence or documentation provided for in
this section.
  S 4. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on October 30, 2012.

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