NY State Senate Bill 2017-S5324

Senate Bill S5324

Signed By Governor

2017-2018 Legislative Session

Authorizes the payment of ordinary disability retirement benefits by the New York state teachers' retirement system to the widow of Lawrence L. Allen

download bill text pdf

Archive: Last Bill Status Via A6901 - 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 29, 2017	signed chap.417
Nov 17, 2017	delivered to governor
Jun 21, 2017	returned to assembly passed senate 3rd reading cal.1334 substituted for s5324
Jun 21, 2017	substituted by a6901
Jun 05, 2017	advanced to third reading
May 24, 2017	2nd report cal.
May 23, 2017	1st report cal.1334
Mar 21, 2017	referred to civil service and pensions

Votes

- Jun 21, 2017 - Floor Vote
  A6901
  
  62
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2017
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      absent (1)
      
      Sanders Jr.
  May 23, 2017 - Civil Service And Pensions Committee Vote
  S5324
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Civil Service And Pensions Committee Vote: May 23, 2017
      
      aye (11)
      
      Addabbo Jr.
      
      Croci
      
      Golden
      
      Lanza
      
      Ortt
      
      Persaud
      
      Phillips
      
      Ritchie
      
      Sanders Jr.
      
      Savino
      
      Serrano

2017-S5324 (ACTIVE) - Details

See Assembly Version of this Bill:: A6901
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3143, A6653
2011-2012: S4148, A6483
2013-2014: S5273, A7464
2015-2016: S4734, A6985

2017-S5324 (ACTIVE) - Summary

Authorizes the payment of ordinary disability retirement benefits by the New York state teachers' retirement system to Christine M. Allen, the widow of Lawrence L. Allen, if she shall file an application for such benefits with the retirement board of such retirement system.

2017-S5324 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5324

 TITLE OF BILL :

An act to authorize the payment of ordinary disability retirement
benefits by the New York state teachers' retirement system to the
widow of Lawrence L.  Allen

 PURPOSE :

This legislation, if enacted, will provide Christine M. Allen, the
widow and beneficiary of Lawrence Allen, with the ordinary disability
retirement death benefit she would have received if Mr. Allen's
application for an ordinary disability retirement had been processed
by the teachers' retirement system prior to his death.

 SUMMARY OF PROVISIONS :

Section one authorizes Christine Allen to re-file an application for
an ordinary disability retirement on behalf of her husband. It also
states that said application shall be deemed to have become effective
on March 18, 1999, the date the original application was signed and
notarized and that Mrs. Allen shall be paid all the retirement
benefits she is entitled as her husband's designated beneficiary.

Section two contains the effective date.

 JUSTIFICATION :

Lawrence L. Allen, a tier I member of the teachers' retirement system
and a teacher at Lake George High School became gravely ill in early
1999. On March 18, 1999, Mr. Allen signed in the presence of a notary
public an application for an ordinary disability retirement while
designating his wife, Christine M. Allen, as his beneficiary.
Unfortunately, Mr. Allen died on March 19, 1999 before his application
was received or processed by the teachers' retirement system. This
legislation will authorize Mrs. Allen to re-file and the teachers'
retirement system to accept an application for an ordinary disability
retirement on behalf of Mr. Allen deemed to have been in effect as of
March 18, 1999.

Enacting this legislation will recognize the intent of Mr. Allen's
actions prior to his premature death and insure that a technicality
will not keep Mrs. Allen from the receiving the full death benefit she
is entitled. Any death benefit paid to Mrs. Allen as a consequence of
this legislation would be in lieu of any other death benefit.

 LEGISLATIVE HISTORY :

2015-16: S.4734-A Recommitted to Civil Service and Pensions; A.6985-A
Referred to Civil Service and Pensions
2011: S.4148 Civil Service and Pensions
2009-10: S.3143 Civil Service and Pension; A.6654 Held for
Consideration in Governmental Employees
2008: S.2941-A Passed Senate; A.5356-A Ways & Means
2007: S.2941 Passed Senate; A.5356-Governmental Employees
2005-06: S.1756 Passed Senate; A.4228-A Ways & Means
2003-04: S.2629A Passed Senate
2002: S.7154 Passed Senate

 FISCAL IMPLICATIONS :

The cost for this benefit is equal to the increase in the present
value of benefits, which is estimated to be $260,000.

 EFFECTIVE DATE :
Immediately.

2017-S5324 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5324
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2017
                                ___________
 
 Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to authorize the payment of ordinary disability retirement  bene-
   fits by the New York state teachers' retirement system to the widow of
   Lawrence L.  Allen

   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,
 Christine M. Allen, the widow of Lawrence L. Allen, who was a member  of
 the  New York state teachers' retirement system, who prior to his death,
 in the presence of a notary public, completed and mailed an  application
 for  an ordinary disability retirement and a retirement election form to
 the New York state teachers' retirement system, and who died before  the
 application  was  received  by  the  New York state teachers' retirement
 system, shall be authorized to re-file such application and election  on
 behalf  of  her deceased husband, if within 1 year of the effective date
 of this act she shall file a request therefor with the retirement  board
 of the New York state teachers' retirement system.  Such application for
 an  ordinary  disability retirement and retirement option election shall
 be deemed to have become effective on March  18,  1999.  All  retirement
 benefits payable pursuant to the provisions of this act shall be paid to
 Christine  M.  Allen  and  shall  be in lieu of any other death benefits
 payable.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--This bill would allow Christine M. Allen, the  widow  of
 Lawrence  L.  Allen who was a Tier 1 member of the New York State Teach-
 ers' Retirement System who had applied for a disability  retirement  and
 died before the application was received by the New York State Teachers'
 Retirement System, to re-file such application on behalf of her deceased
 husband.  She  must  file  a request with the head of the New York State
 Teachers' Retirement System within one year of  the  effective  date  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00660-02-7

 S. 5324                             2
 
 this  act. Such application for disability retirement shall be deemed to
 have become effective on March 18, 1999, and the death  benefit  payable
 would  therefore  be in accordance with the option election, and not the
 active  member  death  benefit.  The  benefit  payable  pursuant  to the
 provisions of this bill shall be paid to Christine M. Allen  and  be  in
 lieu of any other death benefit.
   The  cost  for  this  benefit  is equal to the increase in the present
 value of benefits, which is estimated to be $260,000. This cost is to be
 borne by the employers of  members  of  the  New  York  State  Teachers'
 Retirement System.
   Employee  data  is  from  the System's most recent actuarial valuation
 files, consisting of data provided by the employers  to  the  Retirement
 System.  Data  Distributions and statistics can be found in the System's
 Comprehensive Annual Financial  Report  (CAFR).  System  assets  are  as
 reported  in the System's financial statements, and can also be found in
 the CAFR. Actuarial assumptions and methods are provided in the System's
 Actuarial Valuation Report.
   The source of this estimate is Fiscal Note 2017-8 dated March 15, 2017
 prepared by the Actuary of  the  New  York  State  Teachers'  Retirement
 System and is intended for use only during the 2017 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.

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