Provides that the application for retirement filed by Edward S. Harrison, deceased, shall be deemed to have been filed at least thirty days prior to retirement

Title of bill

An act relating to the application for retirement filed by Edward S. Harrison

Purpose

To deem the retirement application filed by Edward Harrison for a regular service retirement with the New York State and Local Employees Retirement System to be timely filed.

Summary of provisions

The bill provides that notwithstanding any other provision of law, the retirement application of Edward Harrison, deceased, who was employed by New York State for 28 years shall be deemed to have been filed at least 30 days prior to retirement for purposes of determining his retirement benefits, if the wife or estate representative of Mr. Harrison files a written retirement request to the State Comptroller on or before December 31, 2009.

Existing law

Mr. Harrison's widow is entitled only to a disability pension under current law.

Justification

Edward Harrison was a Purple Heart recipient and 28 year employee of the New York State Department of Labor. He was diagnosed with liver cancer in September 2005 and had received experimental treatments designed to regrow his liver. Mr. Harrison had originally received optimistic reports about his condition and about subsequent treatment options which should arrest the cancer. He left work on December 19th to continue his treatments. On January 17th, after a meeting with his doctors, he was told that his treatments had failed and that he had less than a month to live. Mr. Harrison immediately filled out his retirement application which was hand delivered to Albany on January 20th, the same day of his death. Unfortunately current law requires that retirement papers be on file for at least 30 days prior to retirement. In this case Mr. Harrison will be granted a disability retirement rather than a regular service retirement which results in a significantly reduced retirement benefit for his surviving spouse. Mr. Harrison in all other respects qualified for a service retirement and would certainly have filed his retirement application sooner had he known his true condition. Mrs. Harrison should not be penalized merely on the basis of a technical filing requirement.

Legislative history

2006: S.74831 A.10895- referred to civil service/referred to governmental employees 2007: S.2870/A.5171 - committed to rules/ referred to governmental employees 2008: S.2870-A/A.5171-A - amended and recommitted to civil service and pensions/amended and recommitted to governmental employees

Fiscal implications

This bill will deem the service retirement application filed by the late Edward S. Harrison on January 20, 2006 to have been filed thirty days prior to his disability retirement date.

If this bill is enacted, there will be an immediate past service cost of approximately $44,800, which would be borne by the State of New York as a one-time payment. This estimate is based on the assumption that payment will be made on March 1, 2010.

This estimate, dated March 24, 2009 and intended for use only during the 2009 Legislative Session, is Fiscal Note No. 2009-200, prepared by the Actuary for the New York State and Local Employees' Retirement System.

Local fiscal implications

None.

Effective date

Immediately.