New York Assembly Bill A08587

New York 2025-2026 Regular Session

• Introduced: 5/21/25
• Refer: 5/21/25
• Refer: 1/7/26

Caption

Authorizes Judy A. Lynch, the widow of James G. Lynch, to file a new service retirement application and an option election form on behalf of her deceased husband with the New York state and local employees' retirement system.

Summary

This bill is a private retirement relief measure for Judy A. Lynch, the widow of James G. Lynch, a deceased member of the New York State and Local Employees’ Retirement System (NYSLERS). It authorizes her to file a new service retirement application and option election form on behalf of her husband, even though he died after beginning retirement paperwork but before his selected retirement date. The bill deems his retirement date to have been June 12, 2016, and directs that the retirement option be a joint allowance full option. The bill also provides that if any pre-retirement ordinary death benefit was paid because of Mr. Lynch’s death, that amount must be waived or offset against the retirement benefit payable under this act. The request must be submitted to the state comptroller within one year of the act’s effective date, and the act takes effect immediately. In practical terms, the legislation creates a retroactive retirement status for a single individual and adjusts the benefits payable to his survivor accordingly.

Impact

The bill would create a narrow exception to existing retirement system procedures by allowing a deceased member’s widow to complete and file retirement paperwork posthumously and by fixing a retroactive retirement date. It affects the Retirement and Social Security Law, particularly the rules governing service retirement applications, option elections, and pre-retirement ordinary death benefits under section 448. The fiscal note estimates an immediate past service cost of about $622,000, payable by the State of New York as a one-time cost.

Sentiment

The available record shows no committee transcript or vote history, so there is no documented debate or recorded opposition in the materials provided. The bill’s structure suggests it is intended as individualized remedial legislation, which typically receives sympathetic consideration because it addresses a specific hardship involving retirement paperwork and a deceased public employee. The fiscal note acknowledges a state cost, but the bill text itself frames the measure as a corrective benefit for the surviving spouse.

Contention

The main potential point of contention is the fiscal impact, since the bill imposes an estimated $622,000 cost on the state. Another possible issue is the policy precedent of allowing posthumous retirement filings and retroactive retirement dates, which may be viewed as an exception to standard retirement system rules. Any ordinary death benefit already paid would be offset against the new benefit, which limits duplication but does not eliminate the cost or the procedural departure from normal practice.