Authorizes Cindy L. Premo, the widow of Ronald M. Premo, to apply for an ordinary disability retirement and file a retirement option election on behalf of her deceased husband.

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S3039-2011 Actions

• Jan 4, 2012: REFERRED TO CIVIL SERVICE AND PENSIONS
• Feb 7, 2011: REFERRED TO CIVIL SERVICE AND PENSIONS

S3039-2011 Memo

BILL NUMBER:S3039

TITLE OF BILL:
An act
to authorize the payment of ordinary disability benefits by the New York
state and local employees' retirement system to the widow of Ronald M.
Premo

PURPOSE:
Deems Ronald. M. Premo, who died in active service prior to filing
an application for an
ordinary disability retirement, to have filed the
application on February 5, 2002.

JUSTIFICATION:
Ronald M. Premo was employed by the New York State
Department of Law and was a member of the New York State and Local
Employees' Retirement System. In January of 2002, Mr. Premo was
diagnosed with cancer and was hospitalized. On February 14, 2002, Mr.
Premo was given a note from his doctor stating that he was unable to
return to work due to his malignancy and treatment.

Ronald Premo began to fill out the application for an ordinary
disability retirement benefit designating his wife Cindy as the
intended beneficiary. The application was completed, signed and
notarized and an appointment was made with the retirement system.
However, Mr. Premo died on February 18, 2002, prior to filing the
ordinary disability retirement application with the New York State
and Local Employees Retirement System.

This bill would allow Cindy L. Premo to file an application with the
New York State and Local Employees' Retirement System, designating
herself as the beneficiary of an ordinary disability pension benefit
on behalf of her husband in lieu of any other death benefit payable.

LEGISLATIVE HISTORY:
2009-10: S.3280-A Civil Service and Pensions/A.6846-A Gov't Employees
2007-08: S.1249 Civil Service and Pensions/A.2375 Gov't Employees
2005-06: S.1858-A Civil Service and pensions/A.4227-A Governmental
Employees
2003-04: S.1839 Civil Service and pensions/A.4213 Governmental Employees
2002:    S.6690 Rules

FISCAL IMPLICATIONS:
There will be a cost of approximately $162,000
which would be shared by the State of New York and all the
participating employers in the New York State and Local Employees'
Retirement System.

EFFECTIVE DATE:
This act shall take effect immediately.

S3039-2011 Text

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

      S. 3039                                                  A. 4736

                         2011-2012 Regular Sessions

                        SENATE - ASSEMBLY

                              February 7, 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  to authorize the payment of ordinary disability benefits by the
    New York state and local employees' retirement system to the widow  of
    Ronald M.  Premo

    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,
  Cindy L. Premo, the widow of Ronald M. Premo who  was  employed  by  the
  department  of law, was a member of the New York state and local employ-
  ees' retirement system, was diagnosed and hospitalized  with  cancer  in
  January  of  2002,  was  advised  on  February 14, 2002 that he would be
  unable to return to employment as the result of his malignancy  and  the
  treatment  therefor,  and  died  on February 18, 2002 prior to filing an
  application for an  ordinary  disability  retirement  and  a  retirement
  election  form  with  the New York state and local employees' retirement
  system, shall be authorized to file such  application  and  election  on
  behalf  of  her  deceased husband, if on or before December 31, 2012 she
  shall submit a request therefor to the state comptroller. Such  applica-
  tion  for  an  ordinary  disability  retirement  and  retirement  option
  election shall be deemed to have become effective on February  5,  2002.
  All  retirement  benefits payable pursuant to the provisions of this act
  shall be paid to Cindy L. Premo and shall be in lieu of any other  death
  benefits payable.
    S 2. This act shall take effect immediately.
    FISCAL NOTE.--Pursuant to Legislative Law, Section 50:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00222-02-1

 S. 3039                             2                            A. 4736

    This bill would deem Ronald M. Premo, who died in active service prior
  to  filing an application for an ordinary disability retirement, to have
  filed such application on February 5, 2002. The benefits payable  pursu-
  ant to this act shall be in lieu of any other death benefits payable.
    If  this  bill  is  enacted,  there  will  be  a cost of approximately
  $162,000 which would 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 January 6, 2011 and intended for use only  during
  the  2011  Legislative  Session, is Fiscal Note No. 2011-84, prepared by
  the Actuary for the New  York  State  and  Local  Employees'  Retirement
  System.