S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 4148                                                  A. 6483
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                    March 21, 2011
                                      ___________
       IN  SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Civil Service
         and Pensions
       IN ASSEMBLY -- Introduced by M. of A. SAYWARD -- read once and  referred
         to the Committee on Governmental Employees
       AN  ACT  authorizing 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:
    1    Section 1. Notwithstanding any other provision of law to the contrary,
    2  Christine  M. Allen, the widow of Lawrence L. Allen, who was a member of
    3  the New York state teachers' retirement system, who prior to his  death,
    4  in  the presence of a notary public, completed and mailed an application
    5  for an ordinary disability retirement and a retirement election form  to
    6  the  New York state teachers' retirement system, and who died before the
    7  application was received by the  New  York  state  teachers'  retirement
    8  system,  shall be authorized to re-file such application and election on
    9  behalf of her deceased husband, if on or before December  31,  2011  she
   10  shall  file a request therefor with the retirement board of the New York
   11  state teachers' retirement system.   Such application  for  an  ordinary
   12  disability  retirement and retirement option election shall be deemed to
   13  have become effective on March 18, 1999. All retirement benefits payable
   14  pursuant to the provisions of this act shall be  paid  to  Christine  M.
   15  Allen and shall be in lieu of any other death benefits payable.
   16    S 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'
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00219-02-1
S. 4148 2 A. 6483 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 on or before December 31, 2011. Such appli- cation for disability retirement shall be deemed to have become effec- tive 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. The source of this estimate is Fiscal Note 2011-18 dated March 9, 2011 prepared by the Actuary of the New York State Teachers' Retirement System and is intended for use only during the 2011 Legislative Session."