What's happening
This bill allows James G. Lynch to be retroactively retired as of June 10, 2016, enabling his wife to receive his retirement benefits.
Why it matters
Addresses a Unique Hardship. The bill responds to an unusual circumstance where James G. Lynch died just days after signing his retirement paperwork, but before it was officially filed, ensuring that an administrative technicality does not deny his family benefits he had earned.
Financial Impact on the State. By retroactively granting retirement status, the state Department of Transportation will face a one-time cost estimated at $429,000, which could set a precedent for covering similar cases in the future.
Sets a Precedent for Retroactive Benefits. Allowing posthumous adjustments to retirement filings could open the door for other families in comparable situations to request similar relief, potentially affecting how death-before-filing cases are handled in the state retirement system.
Focuses on Intent and Fairness. The legislation emphasizes honoring the clear intent of the employee, prioritizing fairness for surviving spouses over strict adherence to bureaucratic deadlines.
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Who cares
Headline styles
Allow Lynch Posthumous Retirement
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 61–0
- Ordered to third reading cal.822
- 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.
Approve Lynch's Retroactive Retirement
In Assembly Committee · Governmental Employees · Sponsor Kevin M. Byrne
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4916
2019-2020 Regular Sessions
IN SENATE
March 29, 2019
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions
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
S. 4916 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.
Sponsor's memo
Title of bill
An act in relation to granting James G. Lynch retire- ment from the New York state and local employees' retirement system on June 10, 2016
Purpose
This bill would grant James G. Lynch retirement from the New York state and local employees' retirement system on June 10, 2016 after twenty- five years of service to the state.
Justification
James G. Lynch worked for the Department of Transportation for twenty- five years when he began the process to retire. He requested th e paper- work to start the process, but fell ill before he could submit the forms. What was believed to be pneumonia, turned out to be lung cancer, and Mr. Lynch passed away on June 13, 2016, three days after signing his retirement paperwork in the presence of a notary. His wife, Judy Lynch, has been working tirelessly to resolve the retirement settlement. The paperwork that was signed turned out to be preliminary paperwork, and the actual retirement papers had never been given to Mr. Lynch, and that he couldn't be granted a retirement date posthumously.
This legislation would grant Mr. Lynch the retirement date of June 10, 2016, thus allowing his dependents to collect the pension they were expected to have.
Legislative history
This is a new bill.
Fiscal implications
See attached.
Effective date
This bill shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.