BILL NUMBER: S7397
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act in relation to authorizing Liliana Fernandez-Clemente, the widow
of Daniel Clemente, 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:
To authorize Liliana Fernandez-Clemente, the widow of Daniel Clemente,
to file a new service retirement application and election form with the
New York state and local employees& 39; retirement system
 
SUMMARY OF PROVISIONS:
Section 1: Authorizes Liliana Fernandez-Clemente, the widow of Daniel
Clemente, 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 her deceased husband with a joint
allowance full option. In addition, this section deems Daniel's date of
retirement to have been December 8, 2024.
Section 2: Establishes that additional costs for this act shall be paid
by the state of New York.
Section 3: Sets Effective Date.
 
JUSTIFICATION:
Before December 13, 2024, members of the State and Local Employees
Retirement System who filed a retirement application had to wait a mini-
mum of 15 days before their retirement would become active. Unfortu-
nately, this waiting period led to tragic situations in which members
who submitted their retirement applications passed away before the
application became effective.
In such cases, their families were deprived of the pension benefits they
would have been entitled to, instead receiving only the death benefit,
which is a significantly lower payment. On December 13, 2024, Governor
Hochul signed legislation (chapter 593) that addressed the situation
described above, allowing beneficiaries of members who died during the
period between filing an application for retirement and the date on
which their retirement application became effective to choose pension
benefits.
Tragically, just days before that bill was signed into law, Daniel
Clemente of Orange County passed away. He was a devoted husband, father,
grandfather, and a dedicated public servant who gave nearly 35 years of
his life to the New York State Homes and Community Renewal. On February
21, 2024, Danny was diagnosed with Stage 4 pancreatic cancer with liver
metastases. Despite this devastating diagnosis, he continued working,
fueled by his love for his job and an unshakable belief that he could
overcome the disease.
After enduring multiple surgeries, numerous bouts of sepsis, and suffer-
ing a stroke, Danny made the heart-wrenching decision to submit his
retirement documents on November 29, 2024. Tragically, he passed away on
December 9, 2024-just six days short of completing the mandatory 15-day
processing period for retirement, which was set to take effect on Decem-
ber 15, 2024. Because he passed just six days before the mandatory
15-day processing period was completed, his retirement case was
canceled.
As a result, his wife, Liliana, is only entitled to the death benefit
rather than the pension benefits Danny had earned. This bill seeks to
rectify this injustice by allowing Liliana to receive the full pension
benefits she rightfully deserves, providing some relief during this
difficult time.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
See fiscal note.
 
EFFECTIVE DATE:
This act shall take effect immediately.