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

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S1865-2013 Actions

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

S1865-2013 Memo

BILL NUMBER:S1865

TITLE  OF BILL:   An act to authorize the widow of William James Middle-
brooks 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. Middle-
brooks 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.

S1865-2013 Text

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

                                    1865

                         2013-2014 Regular Sessions

                              I N  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04130-01-3

 S. 1865                             2

  paid for the period 11/1/04-3/28/05  and  a  benefit  will  continue  to
  Janice Middlebrooks for her lifetime.
    If  this bill is enacted, there will be an immediate past service cost
  of approximately $196,000 which will be shared by the State of New  York
  and  all  the  participating  employers  in the New York State and Local
  Employees' Retirement System.
    This estimate, dated November 28,  2012  and  intended  for  use  only
  during the 2013 Legislative Session, is Fiscal Note No. 2013-8, prepared
  by  the  Actuary  for the New York State and Local Employees' Retirement
  System.