S T A T E O F N E W Y O R K
________________________________________________________________________
6730--A
Cal. No. 1571
2021-2022 Regular Sessions
I N S E N A T E
May 13, 2021
___________
Introduced by Sen. BOYLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
-- committee discharged and said bill committed to the Committee on
Rules -- ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
AN ACT to authorize the widower of Jeannette M. Feminella 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,
Dominic J. Feminella, the widower of Jeannette M. Feminella, who was a
member of the New York state teachers' retirement system and had filed
for retirement effective June 17, 2016, who prior to her death on July
7, 2016, in the presence of a notary public, completed an election to
change her originally executed retirement option with the New York state
teachers' retirement system to the one hundred percent survivor, and who
died before the changed election was received by the New York state
teachers' retirement system on July 9, 2016, shall be authorized to file
such option election form on behalf of his deceased wife to a one
hundred percent survivor option, if within one year of the effective
date of this act he shall file a request therefor with the head of the
New York state teachers' retirement system. Such retirement option
election shall be deemed to have become effective on June 17, 2016. All
retirement benefits payable pursuant to the provisions of this act shall
be paid to Dominic J. Feminella and shall be in lieu of any other
retirement benefits payable; provided, however, if a retirement benefit
was made payable prior to the effective date of this act, all monies
paid shall be remitted to the retirement system. Upon enactment of this
act, Dominic J. Feminella shall renounce all benefits to be paid under
the originally executed retirement option effective June 17, 2016 and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08763-04-1
S. 6730--A 2
shall be deemed eligible for the survivor option as authorized by this
act.
§ 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill (legislative bill draft 08763-01-1) would allow Dominic J.
Feminella, the widower of Jeannette M. Feminella who was a retired
member of the New York State Teachers' Retirement System, to change her
originally executed retirement option to the 100% joint and survivor
option designating him as the beneficiary. Ms. Feminella retired on June
17, 2016 and died on July 7, 2016, two days before her signed, notarized
change of election form was received by the New York State Teachers'
Retirement System. Mr. Feminella must file a written request with the
head of the New York State Teachers' Retirement System within one year
of the effective date of this act. Such retirement option election shall
be deemed to have become effective on June 17, 2016. All retirement
benefits payable pursuant to the provisions of this act shall be paid to
Mr. Feminella and shall be in lieu of any other retirement benefits
payable; provided, however, if the retirement benefit was made payable
prior to the effective date of this act, all monies paid shall be remit-
ted to the New York State Teachers' Retirement System. Upon enactment of
this bill, Mr. Feminella shall renounce all benefits to be paid under
the originally executed retirement option filed effective June 17, 2016
and shall be deemed eligible for the survivor option as authorized by
this act.
The cost for this benefit is equal to the increase in the liability,
which is estimated to be $301,000. This cost is to be borne by the
employers of members of the New York State Teachers' Retirement System.
Allowing retired members to change the terms of their option after
retirement creates the potential for anti-selection and actuarial loss-
es.
Member 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
Annual Report. System assets are as reported in the System's financial
statements and can also be found in the System's Annual Report. Actuar-
ial assumptions and methods are provided in the System's Actuarial Valu-
ation Report.
The source of this estimate is Fiscal Note 2021-38 dated May 7, 2021
prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2021 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.