This bill has been amended

Bill S1865-2013

Authorizes the widow of William James Middlebrooks to file a retirement option election on behalf of her deceased husband

Authorizes Janice Middlebrooks, the widow of William James Middlebrooks, to file a retirement option election on behalf of her deceased husband.

Details

Actions

  • Jan 8, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS
  • Jan 9, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S1865

TITLE OF BILL: An act to authorize the widow of William James Middlebrooks to file a retirement option election form

PURPOSE: Authorizes the widow of William James Middlebrooks to file a retirement option election form for her deceased husband.

SUMMARY OF PROVISIONS:

Section 1 allows Janis Middlebrooks, the widow of the deceased William James Middlebrooks, to file for a retirement election with the state. Mr. Middlebrooks was employed by the Albion Correctional Facility at the time of his death on December 3, 3006, however he did not file for a retirement option prior to his death. All benefits shall be paid to his widow Janis Middlebrooks.

JUSTIFICATION: This bill would authorize Janis Middlebrooks to file an ordinary disability application with a date of retirement of November 1, 2004 and an option election form on behalf of her deceased husband William James Middlebrooks. Mr. Middlebrooks 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. Mr. Middlebrooks was diagnosed with cancer in January of 2004 and was advised on October 31, 2004 that he would not be able to return to work. He died on December 3, 2006. This bill would allow for additional benefit payment to be made for the period of 11/1/04 through 3/28/2005 and to Mrs. Middlebrooks for her lifetime.

PRIOR LEGISLATIVE HISTORY: S.3230A/A.7709A Referred to Civil Service and Pensions S.5072 Referred to Civil Service and Pensions

FISCAL IMPLICATIONS: $196,000 to be shared by the State of New York and all participating employers in the NYS & Local Employees' Retirement System.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1865 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions 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, if on or before December 31, 2012 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 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 on behalf of her deceased husband William James Middlebrooks. Mr. Middlebrooks 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

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