Senate Bill S4141B

Signed By Governor
2015-2016 Legislative Session

Provides beneficiaries with the same allocation of retirement benefits

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Sponsored By

Archive: Last Bill Status Via A6045 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2015-S4141 - Details

See Assembly Version of this Bill:
A6045
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §§74-a & 374-a, R & SS L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7168
2011-2012: A5088
2013-2014: S4979, A4916

2015-S4141 - Summary

Provides beneficiaries with the same allocation of retirement benefits if the member has the service retirement application, disability retirement applications or option election forms postmarked prior to his or her death.

2015-S4141 - Sponsor Memo

2015-S4141 - Bill Text download pdf

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

                                  4141

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 3, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the retirement and social security law, in  relation  to
  providing  beneficiaries  with the same allocation of retirement bene-
  fits if the member has the service retirement application,  disability
  retirement  applications  or option election forms postmarked prior to
  his or her death

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The retirement and social security law is amended by adding
a new section 74-a to read as follows:
  S  74-A.  APPLICATIONS AND ELECTIONS; ISSUES DUE TO DEATH.  WHENEVER A
STATUTE REQUIRES THAT A DOCUMENT MUST BE FILED OR MONEYS DEPOSITED  WITH
THE  SYSTEM WITHIN A PRESCRIBED PERIOD OF TIME OR BY A SPECIFIED DATE IN
ORDER FOR A MEMBER TO BE ELIGIBLE FOR SERVICE CREDIT OR A  BENEFIT  FROM
THE  SYSTEM  THE  DOCUMENT SHALL BE DEEMED FILED OR THE MONEYS DEPOSITED
WITH THE SYSTEM ON THE DAY THEY ARE CLEARLY  POSTMARKED  BY  THE  UNITED
STATES  POSTAL  SERVICE AS THE RETIREMENT SYSTEM MAY SPECIFICALLY PERMIT
BY RULE OR REGULATION. NOTWITHSTANDING THE PROVISIONS  HEREOF,  NO  SUCH
DOCUMENT  SHALL  BE  DEEMED FILED OR MONEYS DEPOSITED WITH THE SYSTEM ON
THE DAY OF MAILING UNLESS ACTUALLY RECEIVED BY THE RETIREMENT SYSTEM  AS
A RESULT OF SUCH MAILING.
  S 2. The retirement and social security law is amended by adding a new
section 374-a to read as follows:
  S  374-A. APPLICATIONS AND ELECTIONS; ISSUES DUE TO DEATH.  WHENEVER A
STATUTE REQUIRES THAT A DOCUMENT MUST BE FILED OR MONEYS DEPOSITED  WITH
THE  SYSTEM WITHIN A PRESCRIBED PERIOD OF TIME OR BY A SPECIFIED DATE IN
ORDER FOR A MEMBER TO BE ELIGIBLE FOR SERVICE CREDIT OR A  BENEFIT  FROM
THE  SYSTEM  THE  DOCUMENT SHALL BE DEEMED FILED OR THE MONEYS DEPOSITED
WITH THE SYSTEM ON THE DAY THEY ARE CLEARLY  POSTMARKED  BY  THE  UNITED
STATES  POSTAL  SERVICE AS THE RETIREMENT SYSTEM MAY SPECIFICALLY PERMIT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00922-03-5
              

co-Sponsors

2015-S4141A - Details

See Assembly Version of this Bill:
A6045
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §§74-a & 374-a, R & SS L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7168
2011-2012: A5088
2013-2014: S4979, A4916

2015-S4141A - Summary

Provides beneficiaries with the same allocation of retirement benefits if the member has the service retirement application, disability retirement applications or option election forms postmarked prior to his or her death.

2015-S4141A - Sponsor Memo

2015-S4141A - Bill Text download pdf

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

                                 4141--A
    Cal. No. 339

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 3, 2015
                               ___________

Introduced  by  Sens.  GOLDEN, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Civil Service and
  Pensions -- reported favorably from said committee, ordered  to  first
  and  second  report,  ordered  to a third reading, amended and ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the retirement and social security law, in  relation  to
  providing  beneficiaries  with the same allocation of retirement bene-
  fits if the member has the service retirement application,  disability
  retirement  applications  or option election forms postmarked prior to
  his or her death

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The retirement and social security law is amended by adding
a new section 74-a to read as follows:
  S  74-A.  APPLICATIONS AND ELECTIONS; ISSUES DUE TO DEATH.  WHENEVER A
STATUTE REQUIRES THAT A DOCUMENT MUST BE FILED OR MONEYS DEPOSITED  WITH
THE  SYSTEM WITHIN A PRESCRIBED PERIOD OF TIME OR BY A SPECIFIED DATE IN
ORDER FOR A MEMBER TO BE ELIGIBLE FOR SERVICE CREDIT OR A  BENEFIT  FROM
THE  SYSTEM  THE  DOCUMENT SHALL BE DEEMED FILED OR THE MONEYS DEPOSITED
WITH THE SYSTEM ON THE DAY THEY ARE CLEARLY  POSTMARKED  BY  THE  UNITED
STATES  POSTAL  SERVICE AS THE RETIREMENT SYSTEM MAY SPECIFICALLY PERMIT
BY RULE OR REGULATION. NOTWITHSTANDING THE PROVISIONS  HEREOF,  NO  SUCH
DOCUMENT  SHALL  BE  DEEMED FILED OR MONEYS DEPOSITED WITH THE SYSTEM ON
THE DAY OF MAILING UNLESS ACTUALLY RECEIVED BY THE RETIREMENT SYSTEM  AS
A RESULT OF SUCH MAILING.
  S 2. The retirement and social security law is amended by adding a new
section 374-a to read as follows:
  S  374-A. APPLICATIONS AND ELECTIONS; ISSUES DUE TO DEATH.  WHENEVER A
STATUTE REQUIRES THAT A DOCUMENT MUST BE FILED OR MONEYS DEPOSITED  WITH
THE  SYSTEM WITHIN A PRESCRIBED PERIOD OF TIME OR BY A SPECIFIED DATE IN
ORDER FOR A MEMBER TO BE ELIGIBLE FOR SERVICE CREDIT OR A  BENEFIT  FROM

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

co-Sponsors

2015-S4141B (ACTIVE) - Details

See Assembly Version of this Bill:
A6045
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §§74-a & 374-a, R & SS L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7168
2011-2012: A5088
2013-2014: S4979, A4916

2015-S4141B (ACTIVE) - Summary

Provides beneficiaries with the same allocation of retirement benefits if the member has the service retirement application, disability retirement applications or option election forms postmarked prior to his or her death.

2015-S4141B (ACTIVE) - Sponsor Memo

2015-S4141B (ACTIVE) - Bill Text download pdf

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

                                 4141--B
    Cal. No. 339

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 3, 2015
                               ___________

Introduced  by  Sens.  GOLDEN, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Civil Service and
  Pensions -- reported favorably from said committee, ordered  to  first
  and  second  report,  ordered  to a third reading, amended and ordered
  reprinted, retaining its place in the order of third reading --  again
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT to amend the retirement and social security law, in  relation  to
  providing  beneficiaries  with the same allocation of retirement bene-
  fits if the member has the service retirement application,  disability
  retirement  applications  or option election forms postmarked prior to
  his or her death

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The retirement and social security law is amended by adding
a new section 74-a to read as follows:
  S  74-A.  APPLICATIONS  AND  ELECTIONS; ISSUES DUE TO DEATH.  NOTWITH-
STANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, IN THE EVENT
A MEMBER DIES PRIOR TO RECEIPT BY  THE  COMPTROLLER  OR  THE  RETIREMENT
SYSTEM  OF  HIS  OR  HER  APPLICATION FOR SERVICE RETIREMENT, DISABILITY
RETIREMENT OR A RETIREMENT OPTION ELECTION FORM AND SUCH APPLICATION  OR
FORM WAS MAILED TO THE COMPTROLLER OR RETIREMENT SYSTEM BY UNITED STATES
POSTAL  SERVICE FIRST CLASS MAIL PRIOR TO DATE OF DEATH, THE APPLICATION
OR FORM SHALL BE DEEMED FILED ON THE DATE OF  MAILING,  BASED  UPON  THE
LEGIBLE  POSTMARK  ON  THE ENVELOPE. THE COMPTROLLER SHALL HAVE THE SOLE
AUTHORITY TO DETERMINE WHETHER A POSTMARK IS LEGIBLE FOR THE PURPOSE  OF
THIS  SECTION.  PROVIDED,  HOWEVER,  NO  SUCH  RETIREMENT APPLICATION OR
OPTION ELECTION FORM SHALL BE DEEMED FILED WITH THE RETIREMENT SYSTEM ON
THE DATE OF MAILING UNLESS ACTUALLY RECEIVED BY THE RETIREMENT SYSTEM AS
A RESULT OF SUCH MAILING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00922-06-5
              

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