Authorizes Susan Gillinder, the widow of Robert C. Ritchie, to file a new service retirement application and an option election form on behalf of her deceased husband with the New York state and local employees' retirement system.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6534
SPONSOR: Brabenec
 
TITLE OF BILL:
An act to authorize Susan Gillinder, the widow of Robert C. Ritchie, to
file a new service retirement application and option election form with
the New York state and local employees' retirement system on behalf of
such deceased member
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill allows Susan Gillinder, the widow of Robert. C. Ritchie, to
file a new service retirement application and option election form on
behalf of her deceased husband with a joint allowance full option.
 
SUMMARY OF PROVISIONS:
Section 1: Authorizes Susan Gillinder, the widow of Robert C. Ritchie,
to file a new service retirement application and option election form
with the New York state and local employees' retirement system on behalf
of her deceased husband with, a joint allowance full option.
Section 2: Provides that all costs associated shall be borne by the
State of New York. Section 3: Effective date.
 
JUSTIFICATION:
In July of 2016 Robert C. Ritchie filed his retirement paperwork with a
joint allowance full option to ensure his wife, Susan Gillinder, would
receive his pension should he predecease her. The paperwork was filed
with a retirement date of September 30, 2016. Unfortunately, Robert
Ritchie passed away from cancer on August 16, 2016. Despite the fact
that Robert Ritchie submitted his retirement paperwork and clearly
designated his desire for his wife to receive his pension, Susan Gillin-
der is only eligible to receive the in-service death benefit. This bill
addresses this unfortunate situation and allows Susan Gillinder to file
a new service retirement application and option election form on behalf
of Robert Ritchie with a retirement. date of August 15, 2016 and a
joint allowance full option.
 
PRIOR LEGISLATIVE HISTORY:
01/08/20 referred to governmental employees
07/16/20 held for consideration in governmental employees
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
The cost of this benefit is estimated to be $320,000 based on the
assumption that the payment will be made on June 1, 2023.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6534
2023-2024 Regular Sessions
IN ASSEMBLY
April 13, 2023
___________
Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to authorize Susan Gillinder, the widow of Robert C. Ritchie, to
file a new service retirement application and option election form
with the New York state and local employees' retirement system on
behalf of such deceased member
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding any other provision of law to the contrary,
2 Susan Gillinder, the widow of Robert C. Ritchie, who was a member of the
3 New York state and local employees' retirement system, who died after he
4 filed for retirement but prior to his selected retirement date, shall be
5 authorized to file a new service retirement application and an option
6 election form on behalf of her deceased husband with a joint allowance
7 full option, if, within one year from the effective date of this act,
8 she shall submit a request therefor to the state comptroller. In addi-
9 tion, his date of retirement shall be deemed to have been August 15,
10 2016. Once such application is received, any rights or benefits to the
11 pre-retirement ordinary death benefit payable upon the death of a member
12 in service pursuant to section 448 of the retirement and social security
13 law shall be waived. Any amounts paid by the New York state and local
14 employees' retirement system as the result of the death of Robert C.
15 Ritchie prior to the filing of the request for a service retirement
16 benefit pursuant to this section shall be deducted from the service
17 retirement benefit payable thereafter.
18 § 2. Any additional costs for this act shall be paid by the state of
19 New York.
20 § 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would deem deceased member Robert C. Ritchie eligible to
receive a service retirement benefit effective on August 15, 2016. Susan
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08909-02-3
A. 6534 2
Gillinder shall be authorized to file for the service retirement benefit
on Robert Ritchie's behalf with a joint allowance full option. Upon
enactment of this legislation, all rights and benefits to the ordinary
death benefits Susan Gillinder would otherwise be entitled to receive
shall be waived. Any payments received from such ordinary death benefit
will be deducted from the benefits payable under this legislation.
If this bill is enacted during the 2023 legislative session, there
will be an immediate past service cost of approximately $490,000 which
will be borne by the State of New York as a one-time payment. This esti-
mate assumes that payment will be made on March 1, 2024.
Summary of relevant resources:
Membership data as of March 31, 2022 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2022 actuari-
al valuation. Distributions and other statistics can be found in the
2022 Report of the Actuary and the 2022 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2020,
2021, and 2022 Annual Report to the Comptroller on Actuarial Assump-
tions, 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, 2022
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 April 11, 2023, and intended for use only during
the 2023 Legislative Session, is Fiscal Note No. 2023-116, prepared by
the Actuary for the New York State and Local Retirement System.