What's happening
This bill allows Judy Lynch to retroactively file for her late husband James G. Lynch's state retirement benefits.
Why it matters
Sets a legal precedent for retroactive retirement benefit claims,. potentially impacting how future cases of unfiled retirement paperwork due to extenuating circumstances are handled by the state.
Financial implications for taxpayers and the Department of Transportation,. as the estimated one-time cost to the state is approximately $429,000 to implement this individual benefit correction.
Highlights the importance of administrative processes and human error,. acknowledging that failure to file critical paperwork, even if not due to negligence, can have major financial and legal repercussions—and that exceptions may now be made through legislative action.
May affect survivor benefits for other public employees’ families,. signaling that legislative remedies are possible when procedural issues prevent eligible individuals from receiving intended retirement benefits.
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Who cares
Headline styles
Approve Lynch's Retroactive Retirement
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Held for consideration in governmental employees
- 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 Lynch Posthumous Retirement
In Senate Committee · Civil Service And Pensions · Sponsor Pete Harckham
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8158
2019-2020 Regular Sessions
IN ASSEMBLY
June 4, 2019
Introduced by M. of A. BYRNE -- read once and referred to the Committee on Governmental Employees
AN ACT in relation to granting James G. Lynch retirement from the New York state and local employees' retirement system on June 10, 2016
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, James G. Lynch, who was a member of the New York state and local employees' retirement system, and who, was employed by the department of transportation for a period beginning in 1983 and ending in 1994, and again for a period beginning in 2002 and ending on June 13, 2016, the date of his death, and who, had other prior service credit in such retirement system of 3.5 years, giving him a total of 28.54 years of service in such retirement system, and who, had filled out paperwork in anticipation of retiring and signed such paperwork on June 10, 2016, and who, for reasons not ascribable to his own negligence, failed to file an application for retirement prior to his date of death, shall be deemed to have filed a proper application for retirement and retired on June 10, 2016, if within six months of the effective date of this act, his wife, Judy Lynch, shall file a written request to that effect with the state comptroller.
§ 2. All costs associated by the implementation of this act shall be borne by the department of transportation.
§ 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would authorize Judy Lynch to file a service retirement
application with a date of retirement of June 10, 2016 and an option
election form with a joint allowance full option on behalf of her
deceased husband James G. Lynch. Any amounts paid as a result of Mr.
Lynch's death will be deducted from the service retirement benefit paya-
ble.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10743-03-9
A. 8158 2
If this bill is enacted during the 2019 legislative session, there
will be an immediate past service cost of approximately $429,000 that
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, 2020.
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 March 28, 2019, and intended for use only during
the 2019 Legislative Session, is Fiscal Note No. 2019-4, 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.