BILL NUMBER: S9631A
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act in relation to authorizing Michael Winston Hoard, the widower of
Kathy Marie Dwyer-Hoard, 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
 
PURPOSE OR GENERAL IDEA OF BILL:
To authorize Michael Winston Hoard, the widower of Kathy Marie Dwyer-
Hoard, to file a new service retirement application and election form
with the New York state and local employees' retirement system
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Authorizes Michael Winston Hoard, the widower of Kathy Marie
Dwyer-Hoard, who was a member of the New York state and local employees'
retirement system, to file a new service retirement application and an
option election form on behalf of his deceased wife with a joint allow-
ance full option.
Section 2: Establishes that additional costs for this act shall be paid
by the state of New York.
Section 3: Sets the effective date.
 
JUSTIFICATION:
Currently, a member of the state and local employees' retirement system
who files a retirement application must wait at least 15 days before the
retirement may become active. There are tragic stories where a member of
the system who filed their retirement application died before the appli-
cation became effective. This loophole deprives their families of the
ability to obtain their pension but will receive the death benefit; a
lower beneficiary payment.
Tragically, Kathy Dwyer-Hoard and Michael Hoard found themselves in this
tragic situation. Kathy worked for New York State for 38 years.
On October 18, 2019, in her hospital room at Orange Regional Medical
Center in Middletown, NY, before a notary, she signed her retirement
paperwork. On October 19, 2019, her husband Michael mailed the forms to
the New York State and Local Retirement System. Kathy chose October 21,
2019 as her retirement date. On October 25, 2019, Kathy passed away,
eight days shy of what the current law says she must live for her family
to receive her pension benefits.
Because 15 days did not pass after filing the retirement application,
her retirement application was not deemed effective and her husband
Michael received a death benefit rather than pension benefits. This bill
would allow Mr. Hoard to be granted the pension benefits he so rightly
deserves.
 
PRIOR LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect immediately.