S T A T E O F N E W Y O R K
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6100--A
2015-2016 Regular Sessions
I N A S S E M B L Y
March 16, 2015
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Introduced by M. of A. PEOPLES-STOKES, RODRIGUEZ -- 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 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 with a joint allowance full option, if
on or before December 31, 2016 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 to 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 with a joint allowance full option on behalf of
her deceased husband William James Middlebrooks. Mr. Middlebrooks
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01390-06-6
A. 6100--A 2
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 paid for the period of
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 $229,000 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.
Summary of relevant resources:
The membership data used in measuring the impact of the proposed
change was the same as that used in March 31, 2015 actuarial valuation.
Distributions and other statistics can be found in the 2015 Report of
the Actuary and the 2015 Comprehensive Annual Financial Report.
The actuarial assumptions and methods used are described in the 2015
Annual Report to the Comptroller on Actuarial Assumptions, and the Codes
Rules and Regulations of the State of New York: Audit and Control.
The Market Assets and GASB Disclosures are found in the March 31, 2015
New York State and Local Retirement System Financial Statements and
Supplementary Information.
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 February 10, 2016 and intended for use only
during the 2016 Legislative Session, is Fiscal Note No. 2016-57,
prepared by the Actuary for the New York State and Local Retirement
System.