S T A T E   O F   N E W   Y O R K
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                                  3704

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Governmental Employees

AN ACT to authorize the widow of William James Middlebrooks  to  file  a
  retirement option election form

  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,
Janice Middlebrooks, the widow of William  James  Middlebrooks  who  was
employed  by  the  Albion Correctional Facility, was a member of the New
York state and local employees' retirement system,  was  diagnosed  with
cancer in January of 2004, was advised on October 31, 2004 that he would
be  unable  to  return to employment as the result of his malignancy and
the treatment therefor, and died on December 3, 2006 prior to  filing  a
retirement  election  form  with the New York state and local employees'
retirement system, shall be authorized to file such option election form
on behalf of her deceased husband, if on or before December 31, 2012 she
shall submit a request therefor to the state comptroller.  In  addition,
his application for disability retirement shall be deemed to have become
effective on November 1, 2004.  All retirement benefits payable pursuant
to  the  provisions of this act shall be paid to Janice Middlebrooks and
shall be in addition any other death benefits paid.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would authorize Janice  Middlebrooks  to  file  an  ordinary
disability application with a date of retirement of November 1, 2004 and
an  option election form on behalf of her deceased husband William James
Middlebrooks. Mr. Middlebrooks received a  disability  retirement  which
was  paid  beginning  on  3/28/2005.  Upon his death all payments ceased
because no option election form was  filed.  By  filing  the  disability
application  and  an option election form, an additional benefit will be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04130-01-3

              

A. 3704                             2

paid for the period 11/1/04-3/28/05  and  a  benefit  will  continue  to
Janice Middlebrooks for her lifetime.
  If  this bill is enacted, there will be an immediate past service cost
of approximately $196,000 which will be shared by the State of New  York
and  all  the  participating  employers  in the New York State and Local
Employees' Retirement System.
  This estimate, dated November 28,  2012  and  intended  for  use  only
during the 2013 Legislative Session, is Fiscal Note No. 2013-8, prepared
by  the  Actuary  for the New York State and Local Employees' Retirement
System.