This bill has been amended

Bill S5058-2013

Authorizes Beth Barsamian to receive an ordinary death benefit of her daughter, Lauren Barsamian

Authorizes Beth Barsamian to receive an ordinary death benefit of her daughter, Lauren Barsamian; provides for the transfer of the daughter's service in the New York state and local employees' retirement system to the New York state teachers' retirement system.

Details

Actions

  • Jun 12, 2013: ORDERED TO THIRD READING CAL.1353
  • Jun 12, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 7, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

Votes

Memo

BILL NUMBER:S5058

TITLE OF BILL: An act to authorize Beth Barsamian to receive an ordinary death benefit of her daughter, Lauren Barsamian

PURPOSE: To authorize Beth Barsamian to receive an ordinary death benefit of her daughter, Lauren Barsamian.

SUMMARY OF PROVISIONS: Section 1 authorizes the designated beneficiary to receive an ordinary death benefit for Lauren Barsamian.

Section 2 provides the effective date.

JUSTIFICATION: Lauren Barsamian had worked for the St. Joseph's school for the deaf in the Bronx for approximately 3 years. In September 2005 she began Working for the East Ramapo School District. Tragically, Lauren was killed in a boating accident on October 8, 2005. Lauren filed an application for membership in the Teachers' Retirement System but was not instructed to fill out and sign the Request for Direct Transfer of Membership form.

This form was necessary in order for her credit that she had accrued in the NYSLRS to be transferred to the Teachers Retirement System. This resulted in 3 years of credit and all the applicable benefits she was entitled to, to not be transferred. This legislation will rectify this most unfortunate situation and is fully supported by the Teachers Retirement System.

LEGISLATIVE HISTORY: 2011-12: S.7764 - referred to Civil Service and Pensions 2009-10: S.5263-referred to Civil Service and Pensions 2008-07: S.5660-A Referred to Civil Service and Pensions 2006: S.8307 Referred to Rules

FISCAL IMPLICATIONS: According to the fiscal note prepared by the Teachers' Retirement System, the cost of this benefit is equal to the amount of Ms. Barsamian's ordinary death benefit, which is estimated to be $167,000.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5058 2013-2014 Regular Sessions IN SENATE May 7, 2013 ___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to authorize Beth Barsamian to receive an ordinary death benefit of her daughter, Lauren Barsamian 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, Beth Barsamian shall be hereby eligible to receive the ordinary death benefit calculated pursuant to section 606 of the retirement and social security law on account of the death of her daughter, Lauren Barsamian, registration number 40537649, who died in a tragic accident on October 8, 2005, while employed by the East Ramapo School District, a member of the New York state teachers' retirement system, and for reasons not ascribable to Lauren Barsamian's own negligence, and as such did not afford death coverage to her mother and family. Beth Barsamian is further authorized to transfer the prior service credit of Lauren Barsa- mian in the New York state and local employees' retirement system, who was employed from September 2002 through August 2005 as a teacher at the St. Joseph's School for the Deaf, an employer which participates in the New York state and local employees' retirement system, to the New York state teachers' retirement system which Lauren Barsamian joined in September 2005, if on or before December 31, 2013, she files an applica- tion therefor with the state comptroller. Such transfer shall be deemed to have taken effect on the beginning date of Lauren Barsamian's employ- ment with the New York state teachers' retirement system. Transfer of Lauren Barsamian's prior service credit shall be made by the New York state and local employees' retirement system to the New York state teachers' retirement system upon notification from the latter retirement system to the former retirement system that Lauren Barsamian would have met all of the requirements, had she been alive. There shall
not be a transfer of the member's contributions because those monies have already been paid out to her designated beneficiary. All costs incurred by implementing the provisions of this act due to past service shall be borne by the employers of members of the New York state teachers' retirement system. S 2. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would allow Beth Barsamian, the mother of Lauren Barsamian, to transfer Lauren Barsamian's service credit in the New York State and Local Employees' Retirement System to the New York State Teachers' Retirement System. Lauren Barsamian became a member of the New York State Teachers' Retirement System on September 1, 2005 and died in a tragic accident on October 8, 2005. Lauren Barsamian was ineligible for death benefit coverage under Paragraph 2 of Section 606 of the Retire- ment and Social Security Law because she had less than one year of service credit with the New York State Teachers' Retirement system at the time of her death. However she would have been eligible for death benefit coverage had she transferred her service credit in the New York State and Local Employees' Retirement system to the New York State Teachers' Retirement system prior to her death. The cost of this benefit is equal to the amount of Ms. Barsamian's ordinary death benefit, which is estimated to be $167,000. The source of this estimate is Fiscal Note 2013-21 dated May 3, 2013 prepared by the Actuary of the New York State Teachers' Retirement System and is intended for use only during the 2013 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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