What's happening
This bill allows Janice Middlebrooks to file a retirement option on behalf of her deceased husband, William James Middlebrooks, ensuring her eligibility for related benefits.
Why it matters
Addresses a gap in retirement benefits. because William Middlebrooks died before filing a retirement option, his widow was previously ineligible for certain survivor benefits; this bill retroactively corrects that, potentially setting a precedent for others in similar situations.
Provides financial security for the surviving spouse. Janice Middlebrooks would receive ongoing retirement payments for her lifetime, rather than being left with only standard death benefits, which can be significantly less.
Creates a financial liability shared by the state and participating employers. the legislation results in approximately $239,000 in additional past service costs to the New York State and Local Employees' Retirement System, impacting public finances.
Highlights the importance of administrative processes in critical illness or end-of-life situations. the case underlines how missed paperwork during periods of serious illness can have long-term financial consequences for families, prompting legislative intervention.
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Who cares
Headline styles
Allow Widow to Claim Benefits
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to governmental employees
- Referred to governmental employees
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Widow to Claim Retirement
In Senate Committee · Civil Service And Pensions · Sponsor Timothy M. Kennedy
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5462
2017-2018 Regular Sessions
IN ASSEMBLY
February 9, 2017
Introduced by M. of A. PEOPLES-STOKES, RODRIGUEZ -- read once and referred to the Committee on Governmental Employees
AN ACT to authorize the widow of William James Middlebrooks to file a retirement option election form
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding any other provision of law to the contrary, Janice Middlebrooks, the widow of William James Middlebrooks who was employed by the Albion Correctional Facility, was a member of the New York state and local employees' retirement system, was diagnosed with cancer in January of 2004, was advised on October 31, 2004 that he would be unable to return to employment as the result of his malignancy and the treatment therefor, and died on December 3, 2006 prior to filing a retirement election form with the New York state and local employees' retirement system, shall be authorized to file such option election form on behalf of her deceased husband with a joint allowance full option, if on or before December 31, 2018 she shall submit a request therefor to the state comptroller. In addition, his application for disability retirement shall be deemed to have become effective on November 1, 2004. All retirement benefits payable pursuant to the provisions of this act shall be paid to Janice Middlebrooks and shall be in addition to any other death benefits paid.
§ 2. This act shall take effect immediately.
FISCAL NOTE.--This bill would authorize Janice Middlebrooks to file an
ordinary disability application with a date of retirement of November 1,
2004 and an option election form with a joint allowance full option on
behalf of her deceased husband William James Middlebrooks. Mr. Middle-
brooks received a disability retirement which was paid beginning on
3/28/2005. Upon his death all payments ceased because no option election
form was filed. By filing the disability application and an option
election form, an additional benefit will be paid for the period 11/1/04
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00951-02-7
A. 5462 2
- 3/28/05 and a benefit will continue to Janice Middlebrooks for her
lifetime.
If this bill is enacted, there will be an immediate past service cost
of approximately $239,000 which will be shared by the State of New York
and all the participating employers in the New York State and Local
Employees' Retirement System.
Summary of relevant resources:
The membership data used in measuring the impact of the proposed
change was the same as that used in the March 31, 2016 actuarial valu-
ation. Distributions and other statistics can be found in the 2016
Report of the Actuary and the 2016 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015
and 2016 Annual Report to the Comptroller on Actuarial Assumptions, and
the Codes Rules and Regulations of the State of New York: Audit and
Control.
The Market Assets and GASB Disclosures are found in the March 31, 2016
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This estimate, dated January 23, 2017, and intended for use only
during the 2017 Legislative Session, is Fiscal Note No. 2017-42,
prepared by the Actuary for the New York State and Local Retirement
System.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.