What's happening
This bill allows the widow of William James Middlebrooks to file a retirement option form on his behalf, granting her additional retirement benefits.
Why it matters
Addresses an individual case of missed retirement paperwork. The bill gives Janice Middlebrooks, the widow, a rare legal opportunity to submit retirement elections her late husband was unable to complete due to illness, potentially setting a precedent for similar compassionate exceptions.
Provides additional financial security to the widow. By allowing her to file for the joint allowance full option, Janice Middlebrooks will receive ongoing retirement benefits for life, which would not otherwise have been possible after her husband’s death without the completed forms.
Imposes a cost on the state retirement system. The bill results in an immediate past service cost of approximately $257,000, which will be shared among New York State and all participating employers, illustrating how individual exceptions can create fiscal impacts for public pension funds.
Highlights the consequences of administrative processes in retirement benefits. The legislation underscores how the inability to file required forms due to serious illness can have substantial financial consequences for survivors—an issue the bill seeks to remedy in this specific situation.
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
Let Widow File Retirement Form
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to civil service and pensions
- Returned to senate
- Died in assembly
- Referred to governmental employees
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1764
- Committee discharged and committed to rules
- 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.
Allow Widow to Elect Retirement
In Assembly Committee · Governmental Employees · Sponsor Crystal Peoples-Stokes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3759
2019-2020 Regular Sessions
IN SENATE
February 13, 2019
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions
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
S. 3759 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.
Sponsor's memo
Title of bill
An act to authorize the widow of William James Middlebrooks to file a retirement option election form
Purpose or general idea of the bill
To allow Janice Middlebrooks to file an option election form on behalf of her deceased husband William James Middlebrooks.
Summary of specific provisions
Section 1 provides that Janice Middlebrooks is authorized to file an election option form on behalf of her late husband, William James Middlebrooks who was an employee at the Albion Correctional Facility until he was diagnosed with cancer. It allows Janice Middlebrooks to file an ordinary disability claim on behalf of her late husband with a retirement date of November 1, 2004 and that the benefits will continue to Janice Middlebrooks for her lifetime Immediate past service cost of approximately $257,000 will be shared by the State of New York and all participating employers in the New York State and Local Employees' Retirement System.
Section 2 sets the effective date.
Justification
This act is designed to provide financially assistance to the widow of William James Middlebrooks, a New York State employee, whose dedicated years of service was an asset to the Albion Correctional Facility and passed away after his battle of cancer in 2006. This act will therefore provide Ms. Middlebrooks with the fiscal support intended for use by Mr. Middlebrooks for retirement benefits, which ceased upon his passing and when reinstated will be used by Ms. Middlebrooks for the remainder of her lifetime.
Prior legislative history
S.1865 of 2014: Referred to Civil Service and Pensions
S.3527A: Referred to Civil Service and Pensions
S.4752: Referred to Civil Service and Pensions
Fiscal implications
Pursuant to Legislative Law, Section 50, authorizing 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, 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 Employees' Retirement System.
Effective date
Effective immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.