Bill Text: NY S09666 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides age caps for certain retirement systems for children receiving accidental death benefits; provides that such benefits shall continue in the same amount as received by the member's widow or widower as a joint and survivor pension until every such child shall die.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-16 - REFERRED TO LOCAL GOVERNMENT [S09666 Detail]

Download: New_York-2023-S09666-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9666

                    IN SENATE

                                      May 16, 2024
                                       ___________

        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government

        AN ACT to amend the general municipal law and the administrative code of
          the city of New York, in relation to allowing for certain child  bene-
          ficiaries  to  receive  accidental  death benefits for the duration of
          their lifetime

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  opening  paragraphs  of  subdivisions a, b and c and
     2  subdivision f of section 208-f of the general municipal law, the opening
     3  paragraph of subdivision a as amended by chapter  720  of  the  laws  of
     4  2023,  the opening paragraph of subdivision b as amended by section 1 of
     5  part Y of chapter 55 of the laws  of  2023,  the  opening  paragraph  of
     6  subdivision c as amended by chapter 213 of the laws of 2023 and subdivi-
     7  sion  f  as  amended  by chapter 782 of the laws of 2022, are amended to
     8  read as follows:
     9    Notwithstanding any other provision of  law,  the  special  accidental
    10  death  benefit  provided  by this section shall be paid to the [widow or
    11  widower] surviving spouse or the deceased member's children  [under  the
    12  age of eighteen, or, if a student under the age of twenty-three], if the
    13  [widow  or  widower]  surviving  spouse  has  died,  or  to the deceased
    14  member's parents if the member has no [widow, widower,] surviving spouse
    15  or children [under the age of eighteen, or a student under  the  age  of
    16  twenty-three],  of:  (i)  a  deceased  member of a pension or retirement
    17  system of a police department or paid fire department of a city, town or
    18  village; (ii) a deceased paid member of the police force of  the  police
    19  department of the New York city transit authority; (iii) a deceased paid
    20  member of the police force of the police department of the New York city
    21  housing  authority;  (iv)  a  deceased  paid  member  of  the  uniformed
    22  correction force of the New York city department of  correction;  (v)  a
    23  deceased paid uniformed member of a county sheriff's department (outside
    24  the  city of New York); (vi) a deceased employee of the city of New York
    25  or the New York city health and hospitals corporation in a  title  whose
    26  duties are those of an emergency medical technician or advanced emergen-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13325-05-4
        S. 9666                             2

     1  cy medical technician (as those terms are defined in section three thou-
     2  sand  one  of the public health law), or in a title whose duties require
     3  the supervision of employees whose duties  are  those  of  an  emergency
     4  medical  technician  or  advanced emergency medical technician (as those
     5  terms are defined in section three thousand one  of  the  public  health
     6  law);  (vii)  a  deceased  paid bridge and tunnel member of the New York
     7  city employees' retirement system; (viii) a deceased paid member of  the
     8  uniformed force of the New York city department of sanitation; or (ix) a
     9  deceased  paid  deputy  sheriff  member  of  the New York city sheriff's
    10  department, providing the [widow or widower] surviving spouse is  ineli-
    11  gible  to receive benefits pursuant to section three hundred sixty-one-a
    12  of the retirement and social security law as amended  by  chapter  seven
    13  hundred  thirty-three  of  the  laws  of nineteen hundred ninety and the
    14  deceased member:
    15    The special accidental death benefit shall  be  paid  by  the  county,
    16  city,  town or village which employed the deceased member at the time of
    17  death, and shall consist of a pension which is equal to  the  salary  of
    18  the  deceased  member, reduced by the sum of each of the following bene-
    19  fits received by the [widow or widower] surviving spouse or the deceased
    20  member's children [under the age of eighteen], if the [widow or widower]
    21  surviving spouse has died, or to the deceased member's  parents  if  the
    22  member  has no [widow, widower,] surviving spouse or children [under the
    23  age of eighteen, or a student under the age of twenty-three], on account
    24  of the death of the deceased member:
    25    Commencing July first, two thousand  twenty-three  the  special  acci-
    26  dental  death  benefit  paid to a [widow or widower] surviving spouse or
    27  the deceased member's children [under the  age  of  eighteen  or,  if  a
    28  student,  under  the  age  of  twenty-three],  if the [widow or widower]
    29  surviving spouse has died, or to the deceased member's  parents  if  the
    30  member  has no [widow, widower,] surviving spouse or children [under the
    31  age of eighteen, or a student under the age of twenty-three],  shall  be
    32  escalated  by  adding  thereto an additional percentage of the salary of
    33  the deceased member (as increased pursuant  to  subdivision  b  of  this
    34  section) in accordance with the following schedule:
    35    f. The special accidental death benefit shall be paid to:
    36    1. The member's [widow or widower] surviving spouse to continue during
    37  [his  or her] the lifetime of such surviving spouse.  If [he or she] the
    38  deceased member shall leave no [widow or widower] surviving  spouse,  or
    39  if [his or her widow or widower] such deceased member's surviving spouse
    40  shall  die  before  all  [his  or her] of the deceased member's children
    41  [shall have attained age eighteen or, if students  shall  have  attained
    42  the age of twenty-three], or sooner die, then to
    43    2.  [His  or  her]  The  child or children [under age eighteen, or, if
    44  students, under age twenty-three] of  such  deceased  member  for  their
    45  lifetimes,  divided  in  such  manner as the comptroller, in [his] their
    46  discretion, shall determine, or sooner die, then to
    47    3. [His or her] The parents of such deceased member if the member  has
    48  no  [widow,  widower,]  surviving  spouse  or children [under the age of
    49  eighteen, or a student under the age of twenty-three], for  their  life-
    50  times. Such pension shall continue in the same amount as received by the
    51  member's  [widow  or  widower]  surviving spouse as a joint and survivor
    52  pension until every such [child shall  have  attained  age  eighteen  or
    53  sooner] parent shall die.
    54    §  2.  Paragraphs 2 and 3 of subdivision a and paragraph 2 of subdivi-
    55  sion b of section 13-149 of the administrative code of the city  of  New
    56  York, paragraph 3 of subdivision a as amended by chapter 408 of the laws
        S. 9666                             3

     1  of  2000,  and paragraph 2 of subdivision b as amended by chapter 290 of
     2  the laws of 2001, are amended to read as follows:
     3    2. If there be no surviving spouse, or if the surviving spouse dies or
     4  remarries  before any child [of such deceased member shall have attained
     5  the age of eighteen years] dies, then to  [his  or  her]  such  deceased
     6  member's  child  or children [under such age], divided in such manner as
     7  such board in its discretion shall determine, to continue as a joint and
     8  survivor pension [of one-half of his or her  final  compensation]  until
     9  every such child dies [or attains such age]; or
    10    3. If there be no surviving spouse or child [under the age of eighteen
    11  years]  surviving such deceased member, then to [his or her] a dependent
    12  [father or mother] parent of  such  deceased  member,  as  the  deceased
    13  member shall have nominated by written designation duly acknowledged and
    14  filed  with such board; or, if there be no such nomination, then to [his
    15  or her dependent father or to his or her dependent mother]  one  of  the
    16  deceased  member's  dependent  parents,  as such board in its discretion
    17  shall direct, to continue for life; or
    18    (2) Notwithstanding the provisions of subdivision a of  this  section,
    19  upon the accidental death before retirement of a member who is a sanita-
    20  tion  member  provided  that  evidence  shall be submitted to such board
    21  proving that the death of such member  was  the  natural  and  proximate
    22  result of an accident sustained while a member and while in the perform-
    23  ance of duty at some definite time and place and that such death was not
    24  the  result  of  wilful  negligence  on  [his  or  her] the part of such
    25  deceased  member,  [his  or  her]  such  deceased  member's  accumulated
    26  deductions  shall  be  paid  to  [his  or  her] their estate, or to such
    27  persons as [he or she has] they have  nominated  or  shall  nominate  by
    28  written  designation,  duly acknowledged and filed with such board. Upon
    29  application by or on behalf of the dependents of such  deceased  member,
    30  such  board shall grant a lump sum payment of the reserve-for-increased-
    31  take-home-pay and a pension of one-half of such member's  annual  salary
    32  or  compensation  on  the  date  of  [his or her] such deceased member's
    33  death; provided that in no case shall such pension be in an amount which
    34  is less than one-half of the maximum basic annual salary  of  sanitation
    35  workers  payable as of such date of death to sanitation workers employed
    36  by the department of sanitation:
    37    [(1)] (a) To [his or  her]  the  surviving  spouse  of  such  deceased
    38  member, to continue until the death of the surviving spouse; or
    39    [(2)]  (b) If there be no surviving spouse, or if the surviving spouse
    40  dies before any child of such deceased member shall [have  attained  the
    41  age  of  eighteen years] die, then to [his or her] the child or children
    42  [under such age] of such deceased member, divided in such manner as such
    43  board in its discretion shall determine, to  continue  as  a  joint  and
    44  survivor  pension [in the amount hereinabove specified] until every such
    45  child dies [or attains such age]; or
    46    [(3)] (c) If there be no surviving spouse or child [under the  age  of
    47  eighteen  years]  surviving such deceased member, then to [his or her] a
    48  dependent [father or mother] parent of  such  deceased  member,  as  the
    49  deceased  member  shall  have  nominated  by  written  designation  duly
    50  acknowledged and filed with such board; or, if there be  no  such  nomi-
    51  nation,  then to [his or her dependent father or to his or her dependent
    52  mother] one of the deceased member's dependent parents, as such board in
    53  its discretion shall direct, to continue for life.
    54    § 3. Subdivisions 2 and 3 of section 13-244 of the administrative code
    55  of the city of New York, as amended by chapter 733 of the laws of  1990,
    56  are amended to read as follows:
        S. 9666                             4

     1    2.  If  there  be no surviving spouse, or if the surviving spouse dies
     2  before any child of such deceased member [shall have attained the age of
     3  eighteen years, or if a student, before such child shall  have  attained
     4  the  age  of  twenty-three  years],  then  to [his or her] such deceased
     5  member's  child  or children [under such age], divided in such manner as
     6  such board in its discretion shall determine, to continue as a joint and
     7  survivor pension [of one-half of his or her  final  compensation  until]
     8  every such child dies [or attains such age]; or
     9    3. If there be no surviving spouse or child [under the age of eighteen
    10  years,  or if a student, under the age of twenty-three years], surviving
    11  such deceased member, then to [his or her] a dependent [father or  moth-
    12  er]  parent  of  such deceased member, as the deceased member shall have
    13  nominated by written designation duly acknowledged and filed  with  such
    14  board; or, if there be no such nomination, then to [his or her dependent
    15  father  or  to his or her dependent mother] one of the deceased member's
    16  dependent parents, as such board in  its  discretion  shall  direct,  to
    17  continue for life.
    18    §  4.  Paragraphs  2  and  3 of subdivision c of section 13-347 of the
    19  administrative code of the city of New York, as amended by  chapter  733
    20  of the laws of 1990, are amended to read as follows:
    21    (2)  If  there be no surviving spouse, or if the surviving spouse dies
    22  before any child of such deceased member [shall have attained the age of
    23  [eighteen years or if a student under the age  of  twenty-three  years],
    24  then  to  [his  or  her]  the child or children [under such age] of such
    25  deceased member, divided in such manner as such board in its  discretion
    26  shall  determine,  to  continue, if such deceased member was an original
    27  plan member not subject to article eleven at the time of  [his  or  her]
    28  their  death, as a joint and survivor pension [of one-half of his or her
    29  final compensation] until every such child dies [or attains  such  age],
    30  and  to  continue, if such deceased member was an improved benefits plan
    31  member not subject to article eleven at the time of [his or  her]  their
    32  death,  as a joint and survivor pension [of one-half of his or her five-
    33  year-average compensation] until every such child dies [or attains  such
    34  age]; or
    35    (3)  If  there be no surviving spouse or child [under the age of eigh-
    36  teen years or if a student under the age of twenty-three years]  surviv-
    37  ing  such  deceased  member, then to [his or her] a dependent [father or
    38  mother] parent of such deceased member, as such  deceased  member  shall
    39  have  nominated  by written designation duly acknowledged and filed with
    40  such board; or, if there be no such nomination,  then  to  [his  or  her
    41  dependent  father or to his or her dependent mother] one of the deceased
    42  member's dependent parents,  as  such  board  in  its  discretion  shall
    43  direct, to continue for life.
    44    §  5.  Paragraphs  2  and  3 of subdivision b of section 13-544 of the
    45  administrative code of the city of New  York  are  amended  to  read  as
    46  follows:
    47    2.  if  there  be no spouse, or if the spouse dies or remarries before
    48  any child of such deceased shall [have  attained  the  age  of  eighteen
    49  years]  die,  then to the child or children [under said age], divided in
    50  such manner as the retirement board in its discretion  shall  determine,
    51  to  continue  as  a  joint  and survivor pension [of one-half his or her
    52  final compensation] until every such child dies [or attains  said  age];
    53  or
    54    3.  if  there  be no spouse or child [under the age of eighteen years]
    55  surviving such deceased, then to [the] a dependent  [father  or  mother]
    56  parent  of  the deceased member, as the deceased shall have nominated by
        S. 9666                             5

     1  written designation filed with the retirement board; or, if there be  no
     2  such nomination, then to [the dependent father or to the dependent moth-
     3  er]  one  of  the deceased member's dependent parents, as the retirement
     4  board in its discretion shall direct, to continue for life.
     5    §  6.  No  individual  whose benefits shall be reduced pursuant to the
     6  provisions of this act shall be required  to  repay  any  such  benefits
     7  already received.
     8    §  7.  This  act  shall take effect immediately and shall be deemed to
     9  have been in full force and effect on and after July 1, 2017.