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S05058 Summary:

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S05058 Floor Votes:

S05058 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5058--B
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       May 7, 2013
                                       ___________
 
        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          -- committee discharged and said bill committed to  the  Committee  on
          Rules  --  ordered  to a third reading, amended and ordered reprinted,
          retaining its place in the order of third reading  --  recommitted  to

          the  Committee on Civil Service and Pensions in accordance with Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT to authorize Beth Barsamian to receive an ordinary death benefit
          of her daughter, Lauren Barsamian
 
          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  Beth  Barsamian  shall  be hereby eligible to receive the ordinary death
     3  benefit calculated pursuant to section 606 of the retirement and  social
     4  security  law on account of the death of her daughter, Lauren Barsamian,
     5  who died on October 14, 2005 from a tragic  accident  that  occurred  on
     6  October  8,  2005,  while employed by the East Ramapo School District, a

     7  member of the New  York  state  teachers'  retirement  system,  and  for
     8  reasons  not ascribable to Lauren Barsamian's own negligence, the trans-
     9  fer of her prior service credit as a teacher from September 2002 through
    10  August 2005 at the St. Joseph's School for the Deaf, an  employer  which
    11  participates  in  the  New  York  state  and local employees' retirement
    12  system, was not completed and as such did not afford death  coverage  to
    13  her  mother and family. Beth Barsamian is further authorized to transfer
    14  the prior service credit of Lauren Barsamian in the New York  state  and
    15  local  employees'  retirement  system  to  the  New York state teachers'
    16  retirement system which Lauren Barsamian joined on September 1, 2005, if
    17  on or before December 31, 2014, she files an application  therefor  with
    18  the  state  comptroller.  Such  transfer  shall  be deemed to have taken
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08612-11-4
        S. 5058--B                          2
 
     1  effect on the beginning date of Lauren Barsamian's membership  with  the
     2  New York state teachers' retirement system.
     3    Transfer  of  Lauren Barsamian's prior service credit shall be made by
     4  the New York state and local employees' retirement  system  to  the  New
     5  York state teachers' retirement system upon notification from the former
     6  retirement  system to the latter retirement system that Lauren Barsamian
     7  would have met all of the requirements, had she been alive.  There shall
     8  not be a transfer of the member's  contributions  because  those  monies

     9  have already been paid out to her designated beneficiary.
    10    All  costs  incurred by implementing the provisions of this act due to
    11  past service shall be borne by the employers of members of the New  York
    12  state teachers' retirement system.
    13    § 2. This act shall take effect immediately.
          FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
          This  bill would allow Beth Barsamian, the mother of Lauren Barsamian,
        to transfer Lauren Barsamian's service credit in the New York State  and
        Local  Employees'  Retirement  System  to  the  New York State Teachers'
        Retirement System. Lauren Barsamian became a  member  of  the  New  York
        State Teachers' Retirement System on September 1, 2005 and died on Octo-
        ber  14,  2005  from a tragic accident that occurred on October 8, 2005.
        Lauren Barsamian was ineligible for death benefit coverage  under  Para-

        graph 2 of Section 606 of the Retirement and Social Security Law because
        she  had  less  than  one year of service credit with the New York State
        Teachers' Retirement System at the time of her death. However, she would
        have been eligible for death benefit coverage had  she  transferred  her
        service  credit  in  the  New York State and Local Employees' Retirement
        System to the New York State Teachers' Retirement System  prior  to  her
        death.
          The  cost  of  this  benefit is equal to the amount of Ms. Barsamian's
        ordinary death benefit, which is estimated to be $167,000.
          The source of this estimate is Fiscal Note 2014-21 dated March 5, 2014
        prepared by the Actuary of  the  New  York  State  Teachers'  Retirement
        System and is intended for use only during the 2014 Legislative Session.
        I,  Richard  A.  Young,  am the Actuary for the New York State Teachers'

        Retirement System. I am a member of the American  Academy  of  Actuaries
        and  I meet the Qualification Standards of the American Academy of Actu-
        aries to render the actuarial opinion contained herein.