Authorizes and directs the New York city retirement system to redesignate former corrections officer John K. Filipowicz's retirement option to the most favorable option for his surviving spouse.
TITLE OF BILL: An act authorizing and directing the New York City retirement system to redesignate former corrections officer John K. Filipowicz's retirement option
PURPOSE: Allows the New York City Employees' Retirement System
(NYCERS) to redesignate a deceased member's retirement option to provide for his surviving spouse.
SUMMARY OF PROVISIONS: Within the unconsolidated law:
§ 1 - provides for legislative intent
§ 2 - allows NYCERS to cancel the retirement option designated by former member John K. Filipowicz upon his retirement on August 31, 2006.
§ 3 allows NYCERS to provide for a survivor benefit for Mr. Filipowicz's widow, upon application to the system of the following proof:
* A will providing that the deceased member intended to provide his spouse a share of his estate provided he predeceased her.
* Proof they resided together in a subsisting matrimonial relationship
§ 4 - provides for an immediate effective date and that the law shall be deemed in full force and effect on October 30, 2012.
EXISTING LAW: Current law does not allow for the redesignation of a members specified retirement option. Chapter 272 of the laws of 1997 allowed for a retiree member of NYCERS to change his option to the maximum benefit from a lesser benefit with a survivor option due to the death of his beneficiary.
JUSTIFICATION: John K. Filipowicz served as a correction officer in the City of New York, which made his a member of NYCERS for retirement purposes. He retired on August 31, 2006 and selection the option providing for the maximum retirement option, which provides no survivor benefit.
Mr. Filipowicz and his son, John died on October 30, 2012 from injuries sustained during Hurricane Sandy. The immediate, tragic and unexpected death did not allow for possible estate planning for the family. This retirement option change to provide a survivor benefit, will allow for the family to be provided for.
LEGISLATIVE HISTORY: 2013 Session - new legislation
FISCAL IMPLICATIONS/LOCAL FISCAL IMPLICATIONS: To be determined by the actuary of NICER.
EFFECTIVE DATE: Immediately
STATE OF NEW YORK ________________________________________________________________________ 5546 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT authorizing and directing the New York City retirement system to redesignate former corrections officer John K. Filipowicz's retirement option THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The legislature hereby finds and determines that the tragic and unusual circumstances regarding the recent death of a former member of the New York city employees' retirement system warrant the extraor- dinary relief of a change in the retirement option designation made by such deceased former member. The purpose of this legislation is to provide compelling, equitable and remedial relief to the surviving spouse and children of a deceased member of the New York city employees' retirement system. S 2. Notwithstanding any inconsistent provision of law, the New York city employees' retirement system, is hereby authorized and directed, subject to the provisions of section three of this act, to cancel the retirement option designated by a former member John K. Filipowicz of such system who retired from such system effective August 31, 2006, and died on October 30, 2012, from causes other than natural. S 3. The retirement system, shall redesignate, the most favorable retirement option that the deceased member could have designated at the time of his original option designation for the purpose of protecting his spouse, from financial hardship in the event of his predeceasing her, if upon application to the system the surviving spouse provides proof of the following: 1. A legally valid and effective last will and testament of such deceased member which indicates the intention of the deceased member to leave to his spouse after his death, should she survive him, a share ofEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08647-01-3 S. 5546 2
his estate in excess of that to which she would be entitled under part 1 of article 5 of the estates, powers and trusts law; 2. Evidence that at the time the deceased member designated his retirement option and up until the date of his death, the deceased member resided together with his spouse in a subsisting matrimonial relationship. The retirement system, shall make such option redesignation upon the presentation or offer of the evidence or documentation provided for in this section. S 4. This act shall take effect immediately and shall be deemed to have been in full force and effect on October 30, 2012.