Bill S5157-2013

Authorizes Jane A. Miller to file a retroactive retirement application with the New York state teachers' retirement system on behalf of her deceased husband

Authorizes Jane A. Miller to file a retroactive retirement application with the New York state teachers' retirement system on behalf of her deceased husband, Thomas L. Miller, and to receive all benefits payable based upon such retirement.

Details

Actions

  • Jan 8, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS
  • May 13, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S5157

TITLE OF BILL: An act to authorize the widow of Thomas L. Miller to file a retroactive application for retirement with the New York state teachers' retirement system PURPOSE: To allow Jane A. Miller to file a retroactive retirement application with the New York state teachers' retirement system on behalf of her deceased husband.

SUMMARY OF PROVISIONS: Section 1: See purpose section above. Section 2: Effective date.

JUSTIFICATION: Thomas Miller was a member of the New York state teachers' retirement system, who retired on July 1, 2009, from his employment with the Newburgh enlarged city school district as a teacher. Before his death on September 20, 2009, Mr. Miller, due to his failing health and for reasons not ascribable to his own negligence, failed to file an application for retirement with the New York state teachers' retirement system on or before June 1, 2009. Due to this failure to submit proof of retirement to the NYSTRS, his surviving spouse, Jane Miller, may only receive Pre-Retirement Death Benefits. This legislation would correct this issue by allowing Mrs. Miller to file retroactive retirement application with the NYSTRS.

LEGISLATIVE HISTORY: 2012-S7298-Referred to Civil Service and Pensions

FISCAL IMPLICATIONS: See attached fiscal note.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5157 2013-2014 Regular Sessions IN SENATE May 13, 2013 ___________
Introduced by Sen. LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to authorize the widow of Thomas L. Miller to file a retroactive application for retirement with the New York state teachers' retire- ment system 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, Jane A. Miller, whose deceased husband, Thomas L. Miller, was a member of the New York state teachers' retirement system, who ceased employment on July 1, 2009 from his employment by the Newburgh enlarged city school district as a teacher, who died on September 20, 2009 and who, for reasons not ascribable to his own negligence, failed to file an applica- tion for retirement with the New York state teachers' retirement system on or before July 1, 2009, shall be deemed to have filed such applica- tion for retirement benefits with such retirement system on July 1, 2009 and shall be deemed to have elected the 100% survivor option, and shall receive retirement and death benefits based upon a retirement on July 1, 2009, if within one year of the effective date of this act, she shall file an application for retirement electing the 100% survivor option, designating herself as the beneficiary of her husband's benefits, with the New York state teachers' retirement system. S 2. This act shall take effect immediately. FISCAL NOTE.--This bill would permit Thomas L. Miller, a deceased member of the New York State Teachers' Retirement System, who died prior to filing an application for retirement with the New York State Teach- ers' Retirement System, to be deemed to have filed an application for retirement electing the 100% Survivor Option, and shall receive retire- ment and death benefits based upon a date of retirement of July 1, 2009. Jane A. Miller, widow of Thomas L. Miller, must file an application for retirement on his behalf with the New York State Teachers' Retirement

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus