Bill Text: NY S03815 | 2025-2026 | General Assembly | Introduced

---

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) 2025-01-30 - REFERRED TO LOCAL GOVERNMENT [S03815 Detail]

Download: New_York-2025-S03815-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          3815

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 30, 2025
                                       ___________

        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 162 of the laws of 2024 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08007-01-5
        S. 3815                             2

     1  the  city of New York); (vi) a deceased employee of the city of New York
     2  or the New York city health and hospitals corporation in a  title  whose
     3  duties are those of an emergency medical technician or advanced emergen-
     4  cy medical technician (as those terms are defined in section three thou-
     5  sand  one  of the public health law), or in a title whose duties require
     6  the supervision of employees whose duties  are  those  of  an  emergency
     7  medical  technician  or  advanced emergency medical technician (as those
     8  terms are defined in section three thousand one  of  the  public  health
     9  law);  (vii)  a  deceased  paid bridge and tunnel member of the New York
    10  city employees' retirement system; (viii) a deceased paid member of  the
    11  uniformed force of the New York city department of sanitation; or (ix) a
    12  deceased  paid  deputy  sheriff  member  of  the New York city sheriff's
    13  department, providing the [widow or widower] surviving spouse is  ineli-
    14  gible  to receive benefits pursuant to section three hundred sixty-one-a
    15  of the retirement and social security law as amended  by  chapter  seven
    16  hundred  thirty-three  of  the  laws  of nineteen hundred ninety and the
    17  deceased member:
    18    The special accidental death benefit shall  be  paid  by  the  county,
    19  city,  town or village which employed the deceased member at the time of
    20  death, and shall consist of a pension which is equal to  the  salary  of
    21  the  deceased  member, reduced by the sum of each of the following bene-
    22  fits received by the [widow or widower] surviving spouse or the deceased
    23  member's children [under the age of eighteen], if the [widow or widower]
    24  surviving spouse has died, or to the deceased member's  parents  if  the
    25  member  has no [widow, widower,] surviving spouse or children [under the
    26  age of eighteen, or a student under the age of twenty-three], on account
    27  of the death of the deceased member:
    28    Commencing July first, two thousand twenty-four the special accidental
    29  death benefit paid to a [widow  or  widower]  surviving  spouse  or  the
    30  deceased  member's children [under the age of eighteen or, if a student,
    31  under the age of twenty-three], if  the  [widow  or  widower]  surviving
    32  spouse  has  died, or to the deceased member's parents if the member has
    33  no [widow, widower,] surviving spouse or  children  [under  the  age  of
    34  eighteen,  or  a  student under the age of twenty-three], shall be esca-
    35  lated by adding thereto an additional percentage of the  salary  of  the
    36  deceased member (as increased pursuant to subdivision b of this section)
    37  in accordance with the following schedule:
    38    f. The special accidental death benefit shall be paid to:
    39    1. The member's [widow or widower] surviving spouse to continue during
    40  [his  or her] the lifetime of such surviving spouse.  If [he or she] the
    41  deceased member shall leave no [widow or widower] surviving  spouse,  or
    42  if [his or her widow or widower] such deceased member's surviving spouse
    43  shall  die  before  all  [his  or her] of the deceased member's children
    44  [shall have attained age eighteen or, if students  shall  have  attained
    45  the age of twenty-three], or sooner die, then to
    46    2.  [His  or  her]  The  child or children [under age eighteen, or, if
    47  students, under age twenty-three] of  such  deceased  member  for  their
    48  lifetimes,  divided  in  such  manner as the comptroller, in [his] their
    49  discretion, shall determine, or sooner die, then to
    50    3. [His or her] The parents of such deceased member if the member  has
    51  no  [widow,  widower,]  surviving  spouse  or children [under the age of
    52  eighteen, or a student under the age of twenty-three], for  their  life-
    53  times. Such pension shall continue in the same amount as received by the
    54  member's  [widow  or  widower]  surviving spouse as a joint and survivor
    55  pension until every such [child shall  have  attained  age  eighteen  or
    56  sooner] parent shall die.
        S. 3815                             3

     1    §  2.  Paragraphs 2 and 3 of subdivision a and paragraph 2 of subdivi-
     2  sion b of section 13-149 of the administrative code of the city  of  New
     3  York, paragraph 3 of subdivision a as amended by chapter 408 of the laws
     4  of  2000,  and paragraph 2 of subdivision b as amended by chapter 290 of
     5  the laws of 2001, are amended to read as follows:
     6    2. If there be no surviving spouse, or if the surviving spouse dies or
     7  remarries  before any child [of such deceased member shall have attained
     8  the age of eighteen years] dies, then to  [his  or  her]  such  deceased
     9  member's  child  or children [under such age], divided in such manner as
    10  such board in its discretion shall determine, to continue as a joint and
    11  survivor pension [of one-half of his or her  final  compensation]  until
    12  every such child dies [or attains such age]; or
    13    3. If there be no surviving spouse or child [under the age of eighteen
    14  years]  surviving such deceased member, then to [his or her] a dependent
    15  [father or mother] parent of  such  deceased  member,  as  the  deceased
    16  member shall have nominated by written designation duly acknowledged and
    17  filed  with such board; or, if there be no such nomination, then to [his
    18  or her dependent father or to his or her dependent mother]  one  of  the
    19  deceased  member's  dependent  parents,  as such board in its discretion
    20  shall direct, to continue for life; or
    21    (2) Notwithstanding the provisions of subdivision a of  this  section,
    22  upon the accidental death before retirement of a member who is a sanita-
    23  tion  member  provided  that  evidence  shall be submitted to such board
    24  proving that the death of such member  was  the  natural  and  proximate
    25  result of an accident sustained while a member and while in the perform-
    26  ance of duty at some definite time and place and that such death was not
    27  the  result  of  wilful  negligence  on  [his  or  her] the part of such
    28  deceased  member,  [his  or  her]  such  deceased  member's  accumulated
    29  deductions  shall  be  paid  to  [his  or  her] their estate, or to such
    30  persons as [he or she has] they have  nominated  or  shall  nominate  by
    31  written  designation,  duly acknowledged and filed with such board. Upon
    32  application by or on behalf of the dependents of such  deceased  member,
    33  such  board shall grant a lump sum payment of the reserve-for-increased-
    34  take-home-pay and a pension of one-half of such member's  annual  salary
    35  or  compensation  on  the  date  of  [his or her] such deceased member's
    36  death; provided that in no case shall such pension be in an amount which
    37  is less than one-half of the maximum basic annual salary  of  sanitation
    38  workers  payable as of such date of death to sanitation workers employed
    39  by the department of sanitation:
    40    [(1)] (a) To [his or  her]  the  surviving  spouse  of  such  deceased
    41  member, to continue until the death of the surviving spouse; or
    42    [(2)]  (b) If there be no surviving spouse, or if the surviving spouse
    43  dies before any child of such deceased member shall [have  attained  the
    44  age  of  eighteen years] die, then to [his or her] the child or children
    45  [under such age] of such deceased member, divided in such manner as such
    46  board in its discretion shall determine, to  continue  as  a  joint  and
    47  survivor  pension [in the amount hereinabove specified] until every such
    48  child dies [or attains such age]; or
    49    [(3)] (c) If there be no surviving spouse or child [under the  age  of
    50  eighteen  years]  surviving such deceased member, then to [his or her] a
    51  dependent [father or mother] parent of  such  deceased  member,  as  the
    52  deceased  member  shall  have  nominated  by  written  designation  duly
    53  acknowledged and filed with such board; or, if there be  no  such  nomi-
    54  nation,  then to [his or her dependent father or to his or her dependent
    55  mother] one of the deceased member's dependent parents, as such board in
    56  its discretion shall direct, to continue for life.
        S. 3815                             4

     1    § 3. Subdivisions 2 and 3 of section 13-244 of the administrative code
     2  of the city of New York, as amended by chapter 733 of the laws of  1990,
     3  are amended to read as follows:
     4    2.  If  there  be no surviving spouse, or if the surviving spouse dies
     5  before any child of such deceased member [shall have attained the age of
     6  eighteen years, or if a student, before such child shall  have  attained
     7  the  age  of  twenty-three  years],  then  to [his or her] such deceased
     8  member's child or children [under such age], divided in such  manner  as
     9  such board in its discretion shall determine, to continue as a joint and
    10  survivor  pension  [of  one-half of his or her final compensation until]
    11  every such child dies [or attains such age]; or
    12    3. If there be no surviving spouse or child [under the age of eighteen
    13  years, or if a student, under the age of twenty-three years],  surviving
    14  such  deceased member, then to [his or her] a dependent [father or moth-
    15  er] parent of such deceased member, as the deceased  member  shall  have
    16  nominated  by  written designation duly acknowledged and filed with such
    17  board; or, if there be no such nomination, then to [his or her dependent
    18  father or to his or her dependent mother] one of the  deceased  member's
    19  dependent  parents,  as  such  board  in its discretion shall direct, to
    20  continue for life.
    21    § 4. Paragraphs 2 and 3 of subdivision c  of  section  13-347  of  the
    22  administrative  code  of the city of New York, as amended by chapter 733
    23  of the laws of 1990, are amended to read as follows:
    24    (2) If there be no surviving spouse, or if the surviving  spouse  dies
    25  before any child of such deceased member [shall have attained the age of
    26  eighteen  years  or  if  a student under the age of twenty-three years],
    27  then to [his or her] the child or children  [under  such  age]  of  such
    28  deceased  member, divided in such manner as such board in its discretion
    29  shall determine, to continue, if such deceased member  was  an  original
    30  plan  member  not  subject to article eleven at the time of [his or her]
    31  their death, as a joint and survivor pension [of one-half of his or  her
    32  final  compensation]  until every such child dies [or attains such age],
    33  and to continue, if such deceased member was an improved  benefits  plan
    34  member  not  subject to article eleven at the time of [his or her] their
    35  death, as a joint and survivor pension [of one-half of his or her  five-
    36  year-average  compensation] until every such child dies [or attains such
    37  age]; or
    38    (3) If there be no surviving spouse or child [under the age  of  eigh-
    39  teen  years or if a student under the age of twenty-three years] surviv-
    40  ing such deceased member, then to [his or her] a  dependent  [father  or
    41  mother]  parent  of  such deceased member, as such deceased member shall
    42  have nominated by written designation duly acknowledged and  filed  with
    43  such  board;  or,  if  there  be no such nomination, then to [his or her
    44  dependent father or to his or her dependent mother] one of the  deceased
    45  member's  dependent  parents,  as  such  board  in  its discretion shall
    46  direct, to continue for life.
    47    § 5. Paragraphs 2 and 3 of subdivision b  of  section  13-544  of  the
    48  administrative  code  of  the  city  of  New York are amended to read as
    49  follows:
    50    2. if there be no spouse, or if the spouse dies  or  remarries  before
    51  any  child  of  such  deceased  shall [have attained the age of eighteen
    52  years] die, then to the child or children [under said age],  divided  in
    53  such  manner  as the retirement board in its discretion shall determine,
    54  to continue as a joint and survivor pension  [of  one-half  his  or  her
    55  final  compensation]  until every such child dies [or attains said age];
    56  or
        S. 3815                             5

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