What's happening
This bill allows Janice Middlebrooks, widow of William James Middlebrooks, to retroactively file her late husband's retirement option with the New York State retirement system.
Why it matters
Sets a rare precedent for retroactive retirement benefit changes. , potentially impacting how similar cases are handled in the future for families who miss key filing deadlines due to illness or extenuating circumstances.
Provides significant financial support to Janice Middlebrooks. , allowing her to receive ongoing retirement benefits for life—benefits she would not otherwise have received because the paperwork was not filed before her husband's death.
Imposes an immediate cost of approximately $257,000 on the state and local retirement system. , with this expense shared among all participating public employers, highlighting the fiscal impact of individual exceptions to retirement rules.
Acknowledges the challenges faced by terminally ill public employees and their families. , potentially raising awareness of the need for more flexible or compassionate administrative processes within public pension systems.
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Who cares
Headline styles
Allow Widow to Elect Retirement
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Let Widow File Retirement Form
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
6836
2019-2020 Regular Sessions
IN ASSEMBLY
March 21, 2019
Introduced by M. of A. PEOPLES-STOKES -- 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, 2019 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.--Pursuant to Legislative Law, Section 50:
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. Middlebrooks
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,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03586-02-9
A. 6836 2
an additional benefit will be paid for the period 11/1/04 - 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 $257,000 which will be shared by the State of New York
and all participating employers in the New York State and Local Employ-
ees' 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, 2018 actuarial valu-
ation. Distributions and other statistics can be found in the 2018
Report of the Actuary and the 2018 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017 and 2018 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, 2018
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 fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated January 9, 2019, and intended for use only during
the 2019 Legislative Session, is Fiscal Note No. 2019-14, 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.