STATE OF NEW YORK
________________________________________________________________________
5072
2009-2010 Regular Sessions
IN SENATE
April 27, 2009
___________
Introduced by Sen. THOMPSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT to authorize the widow of William James Middlebrooks to file a
retirement option election form
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 Janice Middlebrooks, the widow of William James Middlebrooks who was
3 employed by the Albion Correctional Facility, was a member of the New
4 York state and local employees' retirement system, was diagnosed with
5 cancer in January of 2004, was advised on October 31, 2004 that he would
6 be unable to return to employment as the result of his malignancy and
7 the treatment therefor, and died on December 3, 2006 prior to filing a
8 retirement election form with the New York state and local employees'
9 retirement system, shall be authorized to file such option election form
10 on behalf of her deceased husband, if on or before December 31, 2009 she
11 shall submit a request therefor to the state comptroller. Such applica-
12 tion for retirement option election shall be deemed to have become
13 effective on November 1, 2004. All retirement benefits payable pursuant
14 to the provisions of this act shall be paid to Janice Middlebrooks and
15 shall be in lieu of any other death benefits payable.
16 § 2. This act shall take effect immediately.
FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
This bill would authorize Janice Middlebrooks to file an ordinary
disability application with a date of retirement of November 1, 2004 and
an option election form on behalf of her deceased husband William James
Middlebrooks. Mr. Middlebrooks received a disability retirement which
was paid beginning on 3/28/2005. Upon his death all payments ceased
because no option election form was filed. By filing the disability
application and an option election form, an additional benefit will be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09299-03-9
S. 5072 2
paid for the period 11/1/04-3/28/05 and a benefit will continue to
Janice Middlebrooks for her lifetime.
If this bill is enacted, there will be an immediate past service cost
of approximately $153,000 which will be shared by the State of New York
and all the participating employers in the New York State and Local
Employees' Retirement System.
This estimate, dated April 24, 2009 and intended for use only during
the 2009 Legislative Session, is Fiscal Note No. 2009-160, prepared by
the Actuary for the New York State and Local Employees' Retirement
System.
