NY A09812

Richard O'Brien, a New York State Division of State Police investigator and member of the state and local police and fire retirement system, is deemed to have timely filed for disability retirement benefits on December 7, 2009 (the date of his death), despite missing the original filing deadline through no fault of his own.

Stephanie O'Brien, Richard O'Brien's widow, may file a written request with the state comptroller within one year of the act's effective date to claim the disability retirement benefit on his behalf, electing to receive benefits under the joint allowance-full option.

Stephanie O'Brien must waive all rights to pre-retirement ordinary death benefits otherwise payable under the retirement and social security law, and any amounts already paid to her or Richard O'Brien's estate must be deducted from disability benefits.

The state of New York shall pay all costs associated with this authorization, with an estimated one-time cost of approximately $505,000.

The act takes effect immediately upon enactment.