New York Assembly Bill A05670

New York 2025-2026 Regular Session

• Introduced: 2/19/25
• Refer: 2/19/25
• Refer: 1/7/26

Caption

Authorizes Michael Winston Hoard, the widower of Kathy Marie Dwyer-Hoard, to file a new service retirement application and an option election form on behalf of his deceased wife with the New York state and local employees' retirement system.

Summary

This bill is a private pension-relief measure for a single family. It authorizes Michael Winston Hoard, the widower of Kathy Marie Dwyer-Hoard, to submit a new service retirement application and option election form to the New York State and Local Employees’ Retirement System (NYSLERS) on behalf of his deceased wife. The bill directs that her retirement be treated as effective October 21, 2019, and specifies that the election be for a joint allowance full option. The bill is designed to address a timing problem: Kathy Marie Dwyer-Hoard had filed retirement paperwork but died before her retirement became effective. By allowing a new filing after death, the bill permits the retirement system to process benefits as though the retirement had occurred before her death. Any pre-retirement ordinary death benefit otherwise payable is waived, and any death-related amounts already paid are deducted from the retirement benefit going forward. The act takes effect immediately.

Impact

The bill creates a narrow exception to existing retirement and social security law for one named individual and overrides contrary law to allow a posthumous retirement application and option election. It affects NYSLERS administration and benefit calculations by deeming an earlier retirement date, permitting a joint allowance full option election, and requiring offsets for any death benefits already paid. According to the fiscal note, the measure would impose an immediate past service cost of $547,000 on the state of New York as a one-time payment.

Sentiment

The available record suggests the bill is remedial and likely intended to correct an inequitable outcome for the surviving spouse of a deceased public employee. Because there are no committee transcripts or recorded votes provided, there is no documented debate or opposition in the supplied materials. The fiscal note acknowledges a significant state cost, but the bill text and caption indicate a focused, compassionate benefit fix rather than a broad policy change.

Contention

The main potential point of contention is fiscal: the bill requires the state to bear any additional costs, and the actuarial note estimates a one-time past service cost of $547,000. A second possible issue is precedent, because the bill authorizes a posthumous retirement filing and benefit election notwithstanding other law, which could be viewed as an exceptional departure from standard retirement procedures. No specific opposing arguments or named dissenters appear in the provided materials.