Authorizes Tracy McMahon, the widow of Aloysius F. McMahon, to file a new service retirement application and election form with the New York state and local employees' retirement system.
STATE OF NEW YORK
________________________________________________________________________
7247
2019-2020 Regular Sessions
IN ASSEMBLY
April 18, 2019
___________
Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Governmental Employees
AN ACT to authorize Tracy McMahon, the widow of Aloysius F. McMahon, 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 Tracy McMahon, the widow of Aloysius F. McMahon, 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 effective retirement date, shall
5 be 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 September 11,
10 2018. 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 Aloysius F.
15 McMahon 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 on an actuarially equivalent basis
18 over the expected future lifetime of Tracy McMahon.
19 § 2. Any additional costs for this act shall be paid by the state of
20 New York.
21 § 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10982-03-9
A. 7247 2
This bill would authorize Tracy McMahon to file a service retirement
application with a date of retirement of September 11, 2018 and an
option election form with a joint allowance full option on behalf of her
deceased husband Aloysius F. McMahon. Any amounts paid as a result of
Mr. McMahon's death will be deducted from the service retirement benefit
payable.
If this bill is enacted during the 2019 legislative session, there
will be an immediate past service cost of approximately $1.12 million
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 April 5, 2019, and intended for use only during
the 2019 Legislative Session, is Fiscal Note No. 2019-100, prepared by
the Actuary for the New York State and Local Retirement System.