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S04326 Summary:

BILL NOS04326A
 
SAME ASNo Same As
 
SPONSORGALLIVAN
 
COSPNSR
 
MLTSPNSR
 
 
Grants Lawrence Korzeniewski, the statutory beneficiary of Janice Korzeniewski, accidental death benefits because Janice Korzeniewski was directed by her employer to return to work and contracted COVID-19 within 45 days of reporting to work and died from such disease.
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S04326 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4326--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 4, 2025
                                       ___________
 
        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          -- 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  commit-
          tee
 
        AN  ACT  granting  Lawrence  Korzeniewski,  the statutory beneficiary of
          Janice Korzeniewski, accidental death benefits
 
          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 the retirement and
     2  social security law or of any general,  special  or  local  law  to  the
     3  contrary,  Lawrence  Korzeniewski,  the  statutory beneficiary of Janice
     4  Korzeniewski, a member of  the  New  York  state  and  local  employees'
     5  retirement  system, who as directed by her employer worked from March 1,
     6  2020 through April 16, 2020 and who contracted  COVID-19  within  forty-
     7  five  days of reporting to work and died from the disease on October 19,
     8  2020, as documented on such member's death certificate, shall be  deemed
     9  eligible  to  request  conversion  of the member's service or disability
    10  retirement benefit into an accidental death benefit, if within one  year
    11  of the effective date of this act, he shall have filed a written request
    12  with the state comptroller.
    13    § 2. All past service costs of implementing the provisions of this act
    14  shall be borne by the state of New York.
    15    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would allow Lawrence Korzeniewski, the statutory beneficiary
        of deceased retiree Janice Korzeniewski, to request conversion of Janice
        Korzeniewski's  service retirement benefit into an accidental death ben-
        efit. Janice Korzeniewski retired from the  New  York  State  and  Local
        Employees'  Retirement  System  effective  August  10, 2020. The service

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02916-03-6

        S. 4326--A                          2
 
        retirement benefit is not currently eligible for conversion pursuant  to
        §607-i  of  the  Retirement  and Social Security Law, which requires the
        deceased to have retired prior to July 1, 2020.
          There  will be an immediate past service cost of $209,000 borne by the
        state of New York as a one-time payment. This cost assumes that  payment
        will be made on March 1, 2027.
          This  bill  will  not increase the state of New York's annual contrib-
        utions.
          Summary of relevant resources:
          Membership data as of March 31, 2025 was used to measure the impact of
        the bill, the same data used in the Actuarial Valuations dated April  1,
        2025. Distributions and other statistics can be found in the 2025 Report
        of  the  Actuary and the 2025 Annual Comprehensive Financial Report. The
        actuarial assumptions and methods used are described in the 2025  Annual
        Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules
        and  Regulations  of  the State of New York: Audit and Control. The fair
        value of assets and GASB disclosures can be found in the 2025  Financial
        Statements and Supplementary Information.
          Assumptions,  demographics,  and  other  considerations  may have been
        modified to better reflect specific provisions of any  proposed  benefit
        change(s).
          This  fiscal note does not constitute a legal opinion on the viability
        of the bill, nor is it intended to serve as a substitute for the profes-
        sional judgment of an attorney.
          This estimate, dated January 28,  2026,  and  intended  for  use  only
        during  the  2026 Legislative Session, is Fiscal Note Number 2026-70. As
        Chief Actuary  of  the  New  York  State  and  Local  Retirement  System
        (NYSLRS),  I,  Aaron  Schottin  Young, hereby certify that this analysis
        complies with applicable Actuarial Standards of Practice as well as  the
        Code  of  Professional Conduct and Qualification Standards for Actuaries
        Issuing Statements of Actuarial Opinion of the American Academy of Actu-
        aries, of which I am a member. I am  a  member  of  NYSLRS  but  do  not
        believe it impairs my objectivity.
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