What's happening
This bill allows the widow of Robert A. Serroen to retroactively change his retirement payment option, with costs paid by Nassau County.
Why it matters
Sets a precedent for posthumous changes to retirement options. , allowing a survivor to alter the deceased's benefit selection, which could influence future cases involving administrative errors or missed deadlines.
Significantly increases survivor benefits. for Gina M. Serroen by switching from a “pop up joint allowance 25%” to a “joint allowance full,” potentially providing her with a much larger lifetime pension.
Shifts the financial burden to Nassau County. , with a one-time payment of approximately $811,000 required to cover the increased cost, directly impacting county taxpayers or budgets.
Applies retroactively to the original retirement date. , bypassing standard deadlines and state rules about when such changes can be made, emphasizing legislative willingness to address individual hardship cases outside normal administrative processes.
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Who cares
Headline styles
Let Widow Change Retirement Option
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to civil service and pensions
- Referred to civil service and pensions
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.
Let Widow Change Retirement Option
In Assembly Committee · Governmental Employees · Sponsor Edward Ra
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5849
2017-2018 Regular Sessions
IN SENATE
May 3, 2017
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions
AN ACT authorizing the widow of Robert A. Serroen to change his retirement option
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, Gina M. Serroen, the widow of Robert A. Serroen, who was employed by the Nassau County Sheriff's Department and was retired from the New York state and local employees' retirement system effective December 17, 2011, and for reasons not ascribable to his own negligence failed to change his retirement option selection prior to the expiration of thirty days following the date of payability of his retirement allowance, shall be authorized to file such option election form on behalf of her deceased husband to a joint allowance full option, if within one year from the effective date of this act, she files a written request to that effect with the state comptroller.
§ 2. The costs associated with implementing the provisions of this act shall be borne by the County of Nassau.
§ 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after December 17, 2011.
FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
This bill would retroactively change the retirement option for
deceased retiree Robert A. Serroen who retired on December 17, 2011 and
died on May 12, 2013. The current retirement option, pop up joint allow-
ance 25%, would be changed to the retirement option joint allowance
full. The bill will be deemed to have been in effect on his date of
retirement.
If this bill is enacted, we anticipate that there will be an immediate
past service cost of approximately $811,000 which would be borne by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09859-02-7
S. 5849 2
Nassau County as a one-time payment. This estimate is based on the
assumption that payment will be made on February 1, 2018.
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 February 16, 2017, and intended for use only
during the 2017 Legislative Session, is Fiscal Note No. 2017-62,
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.
Sponsor's memo
Title of bill
An act authorizing the widow of Robert A. Serroen to change his retirement option
Purpose
This bill will permit Gina M. Serroen, the widow of Robert A. Serroen, to change the retirement option of her husband.
Summary of provisions
This bill provides that Gina M. Serroen, the widow of Robert A. Serroen, would be eligible to change the retirement option of her husband. Section two of this bill would provide that the costs associated with the act would be borne by the County of Nassau. Section three provides that the act would take effect immediately and be deemed to have been in full force and effect on and after December 17, 2011, the date of Robert A. Serroen's death.
Justification
This act is designed to provide financial assistance to the widow of Robert A. Serroen, who retired from the Nassau County Sheriffs Department on December 17, 2011 following many years of dedicated service and died suddenly on May 12, 2013 at the age of 56, a mere 17 months after his retirement. At the time of his retirement, Mr. Serroen was caring for two daughters living at home, his elderly mother, and his disabled brother who was living next door. Mr. Serroen initially selected the Pop Up/Joint Allowance - 25% option (providing for a 25% death benefit to the surviving spouse), but planned to change it within the 30-day period for changing an option selection. Unfortunately, on account of his familial obligations, Mr. Serroen missed the 30-day window for changing his option by only a few days. When he inquired about doing so a few days after the window had closed, he was told that it was too late. This misstep coupled with Mr. Serroen's premature death, has left his widow with a fraction of the retirement benefit which she would have received had he been allowed to change his retirement option in life.
Legislative history
New bill.
Fiscal implications
See Fiscal Note.
Effective date
This act shall take effect immediately and shall be deemed in full force and effect on and after December 17, 2011.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.