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A06914 Summary:

BILL NOA06914
 
SAME ASSAME AS S06751
 
SPONSORBurke
 
COSPNSR
 
MLTSPNSR
 
 
Authorizes the widow of Gerald J. Sullivan to file an application with the New York state and local police and fire retirement system on behalf of such deceased member and deem such application as timely filed.
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A06914 Actions:

BILL NOA06914
 
05/09/2023referred to governmental employees
01/03/2024referred to governmental employees
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A06914 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6914
 
SPONSOR: Burke
  TITLE OF BILL: An act to authorize the widow of Gerald J. Sullivan to file an applica- tion with the New York state and local police and fire retirement system on behalf of such deceased member and deem such application as timely filed   PURPOSE: This legislation would allow the widow of Gerald J. Sullivan to file an application with the New York state and local police and fire retirement system on behalf of Mr. Sullivan.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 allows the widow of Gerald J. Sullivan, Bonnie E. Sullivan, to file an application for accidental disability retirement with a fire- fighters' cancer disability presumption pursuant to section 363-d of the retirement and social security law with the New York state and local police and fire retirement system on behalf of her deceased husband. Section 2 states any additional costs for this act shall be paid for by the state of New York. Section 3 establishes an immediate effective date.   JUSTIFICATION: Gerald J. Sullivan was previously employed by the Buffalo Fire Depart- ment and was a performance of duty disability retiree of the New York State and local police and fire retirement system since June 1, 2015 pursuant to section 363-c of the retirement and social security law. Mr. Sullivan passed away from cancer on December 17, 2020. Mr. Sullivan's widow was required to apply for accidental-disability retirement with a firefighters' cancer disability presumption pursuant to section 363-d within five years of his retirement. This legislation would allow Mr. Sullivan's widow to file this application and have it treated by the Office of the State Comptroller as filed timely. She would have one year after the effective date to file this application.   LEGISLATIVE HISTORY: 2021-2022: A09630 referred to governmental employees   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A06914 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6914
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 9, 2023
                                       ___________
 
        Introduced  by M. of A. BURKE -- read once and referred to the Committee
          on Governmental Employees
 
        AN ACT to authorize the widow of Gerald J. Sullivan to file an  applica-
          tion  with  the  New  York  state and local police and fire retirement
          system on behalf of such deceased member and deem such application  as
          timely filed

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Notwithstanding the provisions of any  general  or  special
     2  law,  rule  or regulation to the contrary, Bonnie E. Sullivan is author-
     3  ized to file an application for accidental disability retirement with  a
     4  firefighters' cancer disability presumption pursuant to section 363-d of
     5  the retirement and social security law on behalf of her deceased husband
     6  Gerald  J.  Sullivan  who  was  previously  employed by the Buffalo Fire
     7  Department and was a performance of duty disability retiree of  the  New
     8  York  state  and  local  police and fire retirement system since June 1,
     9  2015 pursuant to section 363-c of the retirement and social security law
    10  and passed away from cancer on December 17, 2020.  Such  application  if
    11  filed  with  the state comptroller within one year of the effective date
    12  of this act shall be deemed as timely filed.
    13    § 2. Any additional costs for this act shall be paid by the  state  of
    14  New York.
    15    § 3. This act shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill would authorize Bonnie Sullivan, the widow of Gerald Sulli-
        van, to file an application  for  accidental  disability  retirement  on
        behalf  of  their deceased husband pursuant to section 363-d of the RSSL
        and deem such application as timely filed. Gerald Sullivan  passed  away
        from  cancer on December 17, 2020. The retirement benefit will be recal-
        culated and payment will be made retroactive to their date of retirement
        of June 1, 2015.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03035-02-3

        A. 6914                             2
 
          If this bill is enacted during the 2023 legislative session, we  there
        will  be  an immediate past service cost of approximately $226,000 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 March 23, 2023, and intended for use only  during
        the  2023  Legislative Session, is Fiscal Note No. 2023-115, prepared by
        the Actuary for the New York State and Local Retirement System.
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