NY State Senate Bill 2015-S4734A

Senate Bill S4734A

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 07, 2016	print number 4734a
Mar 07, 2016	amend and recommit to civil service and pensions
Jan 06, 2016	referred to civil service and pensions
Apr 13, 2015	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2015-S4734 - Details

See Assembly Version of this Bill:: A6985
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3143, A6653
2011-2012: S4148, A6483
2013-2014: S5273, A7464
2017-2018: S5324, A6901

2015-S4734 - Summary

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.

2015-S4734 - Sponsor Memo

                                BILL NUMBER:S4734

TITLE OF BILL:  An act to authorize 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.

Section two contains the effective date.

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:  2011:    S.4148 Civil Service and Pension
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.

2015-S4734 - Bill Text download pdf

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

                                  4734

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 13, 2015
                               ___________

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

AN ACT to authorize 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 within 1 year of the effective date
of this act 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.--Pursuant to Legislative Law, Section 50:
  This bill would allow Christine M. Allen, the  widow  of  Lawrence  L.
Allen who was a Tier 1 member of the New York State Teachers' Retirement
System  who  had applied for a disability retirement and died before the
application was received by the  New  York  State  Teachers'  Retirement
System,  to  re-file such application on behalf of her deceased husband.
She must file a request with the head of the New  York  State  Teachers'

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06419-02-5

S. 4734                             2

Retirement  System  within  one  year of the effective date of this act.
Such application for disability  retirement  shall  be  deemed  to  have
become  effective on March 18, 1999, and the death benefit payable would
therefore  be in accordance with the option election, and not the active
member death benefit. The benefit payable pursuant to the provisions  of
this  bill  shall  be  paid  to Christine M. Allen and be in lieu of any
other death benefit.
  The cost for this benefit is equal to  the  increase  in  the  present
value of benefits, which is estimated to be $260,000.
  Employee data from the System's most recent actuarial valuation files,
consisting  of  data provided by the employers to the Retirement System.
Data distributions and statistics can be found in the  System's  Compre-
hensive Annual Financial Report (CAFR). System assets are as reported in
the  System's  financial  statements, and can also be found in the CAFR.
Actuarial assumptions and methods are provided in the System's Actuarial
Valuation Report.
  The source of this estimate is Fiscal Note  2015-25  dated  April  10,
2015  prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2015 Legislative Session.
I, Richard A. Young, am the Actuary for the  New  York  State  Teachers'
Retirement  System.  I  am a member of the American Academy of Actuaries
and I meet the Qualification Standards of the American Academy of  Actu-
aries to render the actuarial opinion contained herein.

2015-S4734A (ACTIVE) - Details

See Assembly Version of this Bill:: A6985
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3143, A6653
2011-2012: S4148, A6483
2013-2014: S5273, A7464
2017-2018: S5324, A6901

2015-S4734A (ACTIVE) - Summary

2015-S4734A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4734A

 TITLE OF BILL :  An act to authorize 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.

Section two contains the effective date.

 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 :

2011:S. 4148 Civil Service and Pension
2009-10: 5.3143 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.

2015-S4734A (ACTIVE) - Bill Text download pdf

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

                                 4734--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 13, 2015
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT to authorize 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 within 1 year of the  effective  date
of  this act 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.--Pursuant to Legislative Law, Section 50:
  This  bill  would  allow  Christine M. Allen, the widow of Lawrence L.
Allen who was a Tier 1 member of the New York State Teachers' Retirement

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06419-06-6

S. 4734--A                          2

System who had applied for a disability retirement and died  before  the
application  was  received  by  the  New York State Teachers' Retirement
System, to re-file such application on behalf of her  deceased  husband.
She  must  file  a request with the head of the New York State Teachers'
Retirement System within one year of the effective  date  of  this  act.
Such  application  for  disability  retirement  shall  be deemed to have
become effective on March 18, 1999, and the death benefit payable  would
therefore  be in accordance with the option election, and not the active
member death benefit. The benefit payable pursuant to the provisions  of
this  bill  shall  be  paid  to Christine M. Allen and be in lieu of any
other death benefit.
  The cost for this benefit is equal to  the  increase  in  the  present
value of benefits, which is estimated to be $260,000.
  Employee  data  is  from  the System's most recent actuarial valuation
files, consisting of data provided by the employers  to  the  Retirement
System.   Data distributions and statistics can be found in the System's
Comprehensive Annual Financial  Report  (CAFR).  System  assets  are  as
reported  in the System's financial statements, and can also be found in
the CAFR. Actuarial assumptions and methods are provided in the System's
Actuarial Valuation Report.
  The source of this estimate is Fiscal Note 2016-16 dated March 4, 2016
prepared by the Actuary of  the  New  York  State  Teachers'  Retirement
System and is intended for use only during the 2016 Legislative Session.
I,  Richard  A.  Young,  am the Actuary for the New York State Teachers'
Retirement System. I am a member of the American  Academy  of  Actuaries
and  I meet the Qualification Standards of the American Academy of Actu-
aries to render the actuarial opinion contained herein.

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