Assembly Bill A6045B

Signed By Governor
2015-2016 Legislative Session

Provides beneficiaries with the same allocation of retirement benefits

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2015-A6045 - Details

See Senate Version of this Bill:
S4141
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §§74-a & 374-a, R & SS L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7168
2011-2012: A5088
2013-2014: A4916, S4979

2015-A6045 - Summary

Provides beneficiaries with the same allocation of retirement benefits if the member has the service retirement application, disability retirement applications or option election forms postmarked prior to his or her death.

2015-A6045 - Bill Text download pdf

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

                                  6045

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2015
                               ___________

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

AN  ACT  to amend the retirement and social security law, in relation to
  providing beneficiaries with the same allocation of  retirement  bene-
  fits  if the member has the service retirement application, disability
  retirement applications or option election forms postmarked  prior  to
  his or her death

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

  Section 1. The retirement and social security law is amended by adding
a new section 74-a to read as follows:
  S 74-A. APPLICATIONS AND ELECTIONS; ISSUES DUE TO DEATH.   WHENEVER  A
STATUTE  REQUIRES THAT A DOCUMENT MUST BE FILED OR MONEYS DEPOSITED WITH
THE SYSTEM WITHIN A PRESCRIBED PERIOD OF TIME OR BY A SPECIFIED DATE  IN
ORDER  FOR  A MEMBER TO BE ELIGIBLE FOR SERVICE CREDIT OR A BENEFIT FROM
THE SYSTEM THE DOCUMENT SHALL BE DEEMED FILED OR  THE  MONEYS  DEPOSITED
WITH  THE  SYSTEM  ON  THE DAY THEY ARE CLEARLY POSTMARKED BY THE UNITED
STATES POSTAL SERVICE AS THE RETIREMENT SYSTEM MAY  SPECIFICALLY  PERMIT
BY  RULE  OR  REGULATION. NOTWITHSTANDING THE PROVISIONS HEREOF, NO SUCH
DOCUMENT SHALL BE DEEMED FILED OR MONEYS DEPOSITED WITH  THE  SYSTEM  ON
THE  DAY OF MAILING UNLESS ACTUALLY RECEIVED BY THE RETIREMENT SYSTEM AS
A RESULT OF SUCH MAILING.
  S 2. The retirement and social security law is amended by adding a new
section 374-a to read as follows:
  S 374-A. APPLICATIONS AND ELECTIONS; ISSUES DUE TO DEATH.  WHENEVER  A
STATUTE  REQUIRES THAT A DOCUMENT MUST BE FILED OR MONEYS DEPOSITED WITH
THE SYSTEM WITHIN A PRESCRIBED PERIOD OF TIME OR BY A SPECIFIED DATE  IN
ORDER  FOR  A MEMBER TO BE ELIGIBLE FOR SERVICE CREDIT OR A BENEFIT FROM
THE SYSTEM THE DOCUMENT SHALL BE DEEMED FILED OR  THE  MONEYS  DEPOSITED
WITH  THE  SYSTEM  ON  THE DAY THEY ARE CLEARLY POSTMARKED BY THE UNITED
STATES POSTAL SERVICE AS THE RETIREMENT SYSTEM MAY  SPECIFICALLY  PERMIT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00922-03-5
              

co-Sponsors

2015-A6045A - Details

See Senate Version of this Bill:
S4141
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §§74-a & 374-a, R & SS L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7168
2011-2012: A5088
2013-2014: A4916, S4979

2015-A6045A - Summary

Provides beneficiaries with the same allocation of retirement benefits if the member has the service retirement application, disability retirement applications or option election forms postmarked prior to his or her death.

2015-A6045A - Bill Text download pdf

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

                                 6045--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2015
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees -- reported and referred to the Committee on
  Ways   and  Means  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the retirement and social security law, in  relation  to
  providing  beneficiaries  with the same allocation of retirement bene-
  fits if the member has the service retirement application,  disability
  retirement  applications  or option election forms postmarked prior to
  his or her death

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

  Section 1. The retirement and social security law is amended by adding
a new section 74-a to read as follows:
  S  74-A.  APPLICATIONS AND ELECTIONS; ISSUES DUE TO DEATH.  WHENEVER A
STATUTE REQUIRES THAT A DOCUMENT MUST BE FILED OR MONEYS DEPOSITED  WITH
THE  SYSTEM WITHIN A PRESCRIBED PERIOD OF TIME OR BY A SPECIFIED DATE IN
ORDER FOR A MEMBER TO BE ELIGIBLE FOR SERVICE CREDIT OR A  BENEFIT  FROM
THE  SYSTEM  THE  DOCUMENT SHALL BE DEEMED FILED OR THE MONEYS DEPOSITED
WITH THE SYSTEM ON THE DAY THEY ARE CLEARLY  POSTMARKED  BY  THE  UNITED
STATES  POSTAL  SERVICE AS THE RETIREMENT SYSTEM MAY SPECIFICALLY PERMIT
BY RULE OR REGULATION. NOTWITHSTANDING THE PROVISIONS  HEREOF,  NO  SUCH
DOCUMENT  SHALL  BE  DEEMED FILED OR MONEYS DEPOSITED WITH THE SYSTEM ON
THE DAY OF MAILING UNLESS ACTUALLY RECEIVED BY THE RETIREMENT SYSTEM  AS
A RESULT OF SUCH MAILING.
  S 2. The retirement and social security law is amended by adding a new
section 374-a to read as follows:
  S  374-A. APPLICATIONS AND ELECTIONS; ISSUES DUE TO DEATH.  WHENEVER A
STATUTE REQUIRES THAT A DOCUMENT MUST BE FILED OR MONEYS DEPOSITED  WITH
THE  SYSTEM WITHIN A PRESCRIBED PERIOD OF TIME OR BY A SPECIFIED DATE IN
ORDER FOR A MEMBER TO BE ELIGIBLE FOR SERVICE CREDIT OR A  BENEFIT  FROM
THE  SYSTEM  THE  DOCUMENT SHALL BE DEEMED FILED OR THE MONEYS DEPOSITED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00922-05-5
              

co-Sponsors

2015-A6045B (ACTIVE) - Details

See Senate Version of this Bill:
S4141
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §§74-a & 374-a, R & SS L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7168
2011-2012: A5088
2013-2014: A4916, S4979

2015-A6045B (ACTIVE) - Summary

Provides beneficiaries with the same allocation of retirement benefits if the member has the service retirement application, disability retirement applications or option election forms postmarked prior to his or her death.

2015-A6045B (ACTIVE) - Bill Text download pdf

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

                                 6045--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2015
                               ___________

Introduced  by M. of A. ABBATE, LAVINE, KAMINSKY, SKOUFIS, COLTON, McDO-
  NOUGH -- read once and  referred  to  the  Committee  on  Governmental
  Employees  -- reported and referred to the Committee on Ways and Means
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted to said committee -- again reported from said commit-
  tee with amendments, ordered reprinted as amended and  recommitted  to
  said committee

AN  ACT  to amend the retirement and social security law, in relation to
  providing beneficiaries with the same allocation of  retirement  bene-
  fits  if the member has the service retirement application, disability
  retirement applications or option election forms postmarked  prior  to
  his or her death

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

  Section 1. The retirement and social security law is amended by adding
a new section 74-a to read as follows:
  S 74-A. APPLICATIONS AND ELECTIONS; ISSUES DUE  TO  DEATH.    NOTWITH-
STANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, IN THE EVENT
A  MEMBER  DIES  PRIOR  TO  RECEIPT BY THE COMPTROLLER OR THE RETIREMENT
SYSTEM OF HIS OR HER  APPLICATION  FOR  SERVICE  RETIREMENT,  DISABILITY
RETIREMENT  OR A RETIREMENT OPTION ELECTION FORM AND SUCH APPLICATION OR
FORM WAS MAILED TO THE COMPTROLLER OR RETIREMENT SYSTEM BY UNITED STATES
POSTAL SERVICE FIRST CLASS MAIL PRIOR TO DATE OF DEATH, THE  APPLICATION
OR  FORM  SHALL  BE  DEEMED FILED ON THE DATE OF MAILING, BASED UPON THE
LEGIBLE POSTMARK ON THE ENVELOPE. THE COMPTROLLER SHALL  HAVE  THE  SOLE
AUTHORITY  TO DETERMINE WHETHER A POSTMARK IS LEGIBLE FOR THE PURPOSE OF
THIS SECTION. PROVIDED,  HOWEVER,  NO  SUCH  RETIREMENT  APPLICATION  OR
OPTION ELECTION FORM SHALL BE DEEMED FILED WITH THE RETIREMENT SYSTEM ON
THE DATE OF MAILING UNLESS ACTUALLY RECEIVED BY THE RETIREMENT SYSTEM AS
A RESULT OF SUCH MAILING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00922-07-5

              

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