Skip to content
A6836Assembly2019-2020 SessionSame asS3759

Allow Widow to Elect Retirement

Official title

“Authorizes the widow of William James Middlebrooks to file a retirement option election on behalf of her deceased husband”

Sponsor Crystal Peoples-StokesAD-141Affects Finance
Status
In Assembly Committee
Governmental Employees
Impact
2/10
Minimal
Passage
0%

Bill progress

Step 2 of 7

In committee · Governmental Employees

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

  1. 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.

  2. 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.

  3. 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.

  4. 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.

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Allow Widow to Elect Retirement

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Crystal Peoples-Stokes

Assembly Member · Assembly District 141

No co-sponsors yet.

History

  1. Referred to governmental employees
  2. 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.

S3759Senate

Let Widow File Retirement Form

In Senate Committee · Civil Service And Pensions · Sponsor Timothy M. Kennedy

Impact 3 · Low0% to pass

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.