Bill S4148-2011

Authorizes the payment of ordinary disability retirement benefits by the New York state teachers' retirement system to the widow of Lawrence L. Allen

Authorizes the payment of ordinary disability retirement benefits by the New York state teachers' retirement system to Christine M. Allen, the widow of Lawrence L. Allen, if she shall file an application for such benefits with the retirement board of such retirement system.

Details

Actions

  • Jan 4, 2012: REFERRED TO CIVIL SERVICE AND PENSIONS
  • Mar 21, 2011: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S4148

TITLE OF BILL: An act authorizing the payment of ordinary disability retirement benefits by the New York state teachers' retirement system to the widow of Lawrence L. Allen

PURPOSE: This legislation, if enacted, will provide Christine M. Allen, the widow and beneficiary of Lawrence Allen, with the ordinary disability retirement death benefit she would have received if Mr. Allen's application for an ordinary disability retirement had been processed by the teachers' retirement system prior to his death.

SUMMARY OF PROVISIONS: Section one authorizes Christine Allen to re-file an application for an ordinary disability retirement on behalf of her husband. It also states that said application shall be deemed to have become effective on March 18, 1999, the date the original application was signed and notarized and that Mrs. Allen shall be paid all the retirement benefits she is entitled as her husband's designated beneficiary.

JUSTIFICATION: Lawrence L. Allen, a tier I member of the teachers' retirement system and a teacher at Lake George High School became gravely ill in early 1999. On March 18, 1999, Mr. Allen signed in the presence of a notary public an application for an ordinary disability retirement while designating his wife, Christine M. Allen, as his beneficiary. Unfortunately, Mr. Allen died on March 19, 1999 before his application was received or processed by the teachers' retirement system. This legislation will authorize Mrs. Allen to re-file and the teachers' retirement system to accept an application for an ordinary disability retirement on behalf of Mr. Allen deemed to have been in effect as of March 18, 1999.

Enacting this legislation will recognize the intent of Mr. Allen's actions prior to his premature death and insure that a technicality will not keep Mrs. Allen from the receiving the full death benefit she is entitled. Any death benefit paid to Mrs. Allen as a consequence of this legislation would be in lieu of any other death benefit.

LEGISLATIVE HISTORY: 2009-10: S.3143 Civil Service and Pension; A.6654 Held for Consideration in Governmental Employees 2008: S.2941-A Passed Senate; A.5356-A Ways & Means 2007: S.2941 Passed Senate; A.5356-Governmental Employees 2005-06: S.1756 Passed Senate; A.4228-A Ways & Means 2003-04: S.2629A Passed Senate 2002: S.7154 Passed Senate

FISCAL IMPLICATIONS: The cost for this benefit is equal to the increase in the present value of benefits, which is estimated to be $260,000.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 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: Section 1. Notwithstanding any other provision of law to the contrary, Christine M. Allen, the widow of Lawrence L. Allen, who was a member of the New York state teachers' retirement system, who prior to his death, in the presence of a notary public, completed and mailed an application for an ordinary disability retirement and a retirement election form to the New York state teachers' retirement system, and who died before the application was received by the New York state teachers' retirement system, shall be authorized to re-file such application and election on behalf of her deceased husband, if on or before December 31, 2011 she shall file a request therefor with the retirement board of the New York state teachers' retirement system. Such application for an ordinary disability retirement and retirement option election shall be deemed to have become effective on March 18, 1999. All retirement benefits payable pursuant to the provisions of this act shall be paid to Christine M. Allen and shall be in lieu of any other death benefits payable. 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'

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