A09812 Summary:

BILL NOA09812
 
SAME ASSAME AS S07547-A
 
SPONSORZebrowski
 
COSPNSR
 
MLTSPNSR
 
 
Authorizes the payment of ordinary disability retirement benefits by the New York state and local police and fire retirement system to the widow of Richard O'Brien.
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A09812 Actions:

BILL NOA09812
 
05/23/2014referred to governmental employees
06/18/2014reported referred to ways and means
06/18/2014reported referred to rules
06/18/2014reported
06/19/2014rules report cal.493
06/19/2014ordered to third reading rules cal.493
06/19/2014passed assembly
06/19/2014delivered to senate
06/19/2014REFERRED TO RULES
06/19/2014SUBSTITUTED FOR S7547A
06/19/20143RD READING CAL.1620
06/19/2014PASSED SENATE
06/19/2014RETURNED TO ASSEMBLY
12/05/2014delivered to governor
12/17/2014signed chap.503
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A09812 Floor Votes:

DATE:06/19/2014Assembly Vote  YEA/NAY: 134/0
Yes
Abbate
Yes
Curran
Yes
Hawley
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Abinanti
Yes
Cusick
ER
Heastie
Yes
Mayer
Yes
Ra
Yes
Stirpe
Yes
Arroyo
Yes
Cymbrowitz
Yes
Hennessey
Yes
McDonald
Yes
Raia
Yes
Sweeney
Yes
Aubry
Yes
Davila
Yes
Hevesi
Yes
McDonough
Yes
Ramos
Yes
Tedisco
Yes
Barclay
Yes
DenDekker
Yes
Hikind
Yes
McKevitt
Yes
Rivera
ER
Tenney
Yes
Barrett
Yes
Dinowitz
Yes
Hooper
Yes
McLaughlin
Yes
Roberts
Yes
Thiele
Yes
Benedetto
Yes
DiPietro
Yes
Jacobs
Yes
Miller
Yes
Robinson
Yes
Titone
Yes
Blankenbush
Yes
Duprey
Yes
Jaffee
Yes
Millman
Yes
Rodriguez
Yes
Titus
Yes
Borelli
Yes
Englebright
Yes
Johns
Yes
Montesano
Yes
Rosa
Yes
Walter
Yes
Braunstein
Yes
Fahy
Yes
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Weinstein
Yes
Brennan
Yes
Farrell
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
ER
Weisenberg
Yes
Brindisi
Yes
Finch
Yes
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Bronson
Yes
Fitzpatrick
AB
Kellner
Yes
Nojay
Yes
Ryan
Yes
Wright
Yes
Brook-Krasny
Yes
Friend
Yes
Kim
Yes
Nolan
Yes
Saladino
Yes
Zebrowski
Yes
Buchwald
Yes
Galef
Yes
Kolb
Yes
Oaks
Yes
Santabarbara
Yes
Mr. Speaker
Yes
Butler
Yes
Gantt
Yes
Lalor
Yes
O'Donnell
Yes
Scarborough
Yes
Cahill
Yes
Garbarino
Yes
Lavine
Yes
Ortiz
Yes
Schimel
ER
Camara
Yes
Giglio
Yes
Lentol
Yes
Otis
Yes
Schimminger
Yes
Ceretto
Yes
Gjonaj
Yes
Lifton
Yes
Palmesano
Yes
Sepulveda
Yes
Clark
Yes
Glick
Yes
Lopez
Yes
Palumbo
Yes
Simanowitz
Yes
Colton
Yes
Goldfeder
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Cook
Yes
Goodell
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
Yes
Corwin
AB
Gottfried
Yes
Magee
Yes
Perry
Yes
Skoufis
Yes
Crespo
Yes
Graf
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Crouch
Yes
Gunther
Yes
Malliotakis
Yes
Pretlow
Yes
Stec

‡ Indicates voting via videoconference
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A09812 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9812
 
                   IN ASSEMBLY
 
                                      May 23, 2014
                                       ___________
 
        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Governmental Employees
 
        AN ACT authorizing the payment of ordinary disability  retirement  bene-
          fits by the New York state and local police and fire retirement system
          to the widow of Richard O'Brien
 
          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, Richard O'Brien, who was last
     3  employed by the New York state division of state police as  an  investi-
     4  gator,  and  who was a member of the New York state and local police and
     5  fire retirement system at the time of his death on December 7, 2009, and
     6  who, for reasons not ascribed to his own negligence, failed  to  file  a
     7  timely  application  for  the state police disability retirement benefit
     8  provided by section 363-b of the  retirement  and  social  security  law
     9  prior  to his death, shall be deemed to have timely filed an application
    10  for the benefit on December 7, 2009 if, within one year of the effective
    11  date of this act, Stephanie O'Brien, the widow of Richard O'Brien, files

    12  with the state comptroller a  written  request  to  that  effect  and  a
    13  retirement  option election form electing to receive retirement benefits
    14  pursuant to the terms of the joint allowance-full option with  Stephanie
    15  O'Brien  as the option beneficiary. The approval of said application for
    16  a disability retirement benefit provided by section 363-b of the retire-
    17  ment and social security law will constitute a waiver of any  rights  or
    18  benefits  to  the pre-retirement ordinary death benefit payable upon the
    19  death of a member in service pursuant to subdivision b of section 448 of
    20  the retirement and social security law. Any amounts paid by the  retire-
    21  ment  system  as  the result of the death of Richard O'Brien, whether to
    22  his estate, to Stephanie O'Brien or to any other  beneficiary  prior  to
    23  the filing of the request for the disability retirement benefit shall be

    24  deducted from the disability retirement benefit payable thereafter.
    25    §  2.  Any additional costs for this act shall be paid by the state of
    26  New York.
    27    § 3. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15247-04-4

        A. 9812                             2
 
          FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
          This  bill would deem Richard O'Brien to have timely filed an applica-
        tion for a disability retirement benefit effective on December 7,  2009.
        Stephanie O'Brien shall be authorized to file for the disability retire-
        ment  benefit  on  his behalf. Further, Stephanie O'Brien must waive all

        rights and benefits to the ordinary death benefits she  would  otherwise
        be  entitled  to receive. Any payments received from such ordinary death
        benefit will be deducted from the benefits  payable  under  this  legis-
        lation.
          If  this  bill is enacted, there would be a one-time cost to the State
        of New York of approximately $505,000. This estimate  is  based  on  the
        assumption that payment will be made on March 1, 2015.
          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, 2013  actuarial  valu-
        ation.    Distributions  and  other  statistics can be found in the 2013
        Report of the  Actuary  and  the  2013  Comprehensive  Annual  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2010,

        2011, 2012 and 2013  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, 2013
        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  statement  of  actuarial  opinion
        contained herein.
          This estimate, dated May 14, 2014, and intended for  use  only  during
        the  2014  Legislative Session, is Fiscal Note No. 2014-132, prepared by
        the Actuary for the New York State and Local Police and Fire  Retirement
        System.
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