S T A T E O F N E W Y O R K
________________________________________________________________________
9085
I N S E N A T E
May 9, 2022
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the general municipal law, in relation to providing a
special accidental death benefit to the parents of certain deceased
members
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subdivision a, the opening para-
graph of subdivision b, subdivision c and subdivision f of section 208-f
of the general municipal law, the opening paragraph of subdivision a as
amended by chapter 457 of the laws of 2017, the opening paragraph of
subdivision b as amended by chapter 634 of the laws of 1984, subdivision
c as amended by chapter 327 of the laws of 2021 and subdivision f as
amended by chapter 733 of the laws of 1990, are amended and a new subdi-
vision j is added to read as follows:
Notwithstanding any other provision of law, the special accidental
death benefit provided by this section shall be paid to the widow or
widower or the deceased member's children under the age of eighteen, or,
if a student under the age of twenty-three, if the widow or widower has
died, OR TO THE DECEASED MEMBER'S PARENTS IF THE MEMBER HAS NO WIDOW,
WIDOWER, CHILDREN UNDER THE AGE OF EIGHTEEN, OR A STUDENT UNDER THE AGE
OF TWENTY-THREE, of: (i) a deceased member of a pension or retirement
system of a police department or paid fire department of a city, town or
village; (ii) a deceased paid member of the police force of the police
department of the New York city transit authority; (iii) a deceased paid
member of the police force of the police department of the New York city
housing authority; (iv) a deceased paid member of the uniformed
correction force of the New York city department of correction; (v) a
deceased paid uniformed member of a county sheriff's department (outside
the city of New York); (vi) a deceased employee of the city of New York
or the New York city health and hospitals corporation in a title whose
duties are those of an emergency medical technician or advanced emergen-
cy medical technician (as those terms are defined in section three thou-
sand one of the public health law), or in a title whose duties require
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15414-03-2
S. 9085 2
the supervision of employees whose duties are those of an emergency
medical technician or advanced emergency medical technician (as those
terms are defined in section three thousand one of the public health
law); (vii) a deceased paid bridge and tunnel member of the New York
city employees' retirement system; or (viii) a deceased paid member of
the uniformed force of the New York city department of sanitation,
providing the widow or widower is ineligible to receive benefits pursu-
ant to section three hundred sixty-one-a of the retirement and social
security law as amended by chapter seven hundred thirty-three of the
laws of nineteen hundred ninety and the deceased member:
The special accidental death benefit shall be paid by the city, town
or village which employed the deceased member at the time of death, and
shall consist of a pension which is equal to the salary of the deceased
member, reduced by the sum of each of the following benefits received by
the widow or widower or the deceased member's children under the age of
eighteen, if the widow or widower has died, OR TO THE DECEASED MEMBER'S
PARENTS IF THE MEMBER HAS NO WIDOW, WIDOWER, CHILDREN UNDER THE AGE OF
EIGHTEEN, OR A STUDENT UNDER THE AGE OF TWENTY-THREE, on account of the
death of the deceased member:
c. Commencing July first, two thousand twenty-one the special acci-
dental death benefit paid to a widow or widower or the deceased member's
children under the age of eighteen or, if a student, under the age of
twenty-three, if the widow or widower has died, OR TO THE DECEASED
MEMBER'S PARENTS IF THE MEMBER HAS NO WIDOW, WIDOWER, CHILDREN UNDER THE
AGE OF EIGHTEEN, OR A STUDENT UNDER THE AGE OF TWENTY-THREE, shall be
escalated by adding thereto an additional percentage of the salary of
the deceased member (as increased pursuant to subdivision b of this
section) in accordance with the following schedule:
calendar year of death
of the deceased member per centum
1977 or prior 267.1%
1978 256.5%
1979 246.1%
1980 236%
1981 226.2%
1982 216.7%
1983 207.5%
1984 198.5%
1985 189.8%
1986 181.4%
1987 173.2%
1988 165.2%
1989 157.5%
1990 150.0%
1991 142.7%
1992 135.7%
1993 128.8%
1994 122.1%
1995 115.7%
1996 109.4%
1997 103.3%
1998 97.4%
1999 91.6%
2000 86.0%
2001 80.6%
2002 75.4%
S. 9085 3
2003 70.2%
2004 65.3%
2005 60.5%
2006 55.8%
2007 51.3%
2008 46.9%
2009 42.6%
2010 38.4%
2011 34.4%
2012 30.5%
2013 26.7%
2014 23.0%
2015 19.4%
2016 15.9%
2017 12.6%
2018 9.3%
2019 6.1%
2020 3.0%
2021 0.0%
f. The special accidental death benefit shall be paid to:
1. The member's widow or widower to continue during his or her life-
time. If he or she shall leave no widow or widower, or if his or her
widow or widower shall die before all his or her children shall have
attained age eighteen or, if students shall have attained the age of
twenty-three, or sooner die, then to
2. His or her child or children under age eighteen, or, if students,
under age twenty-three, divided in such manner as the comptroller, in
his discretion, shall determine[.], OR SOONER DIE, THEN TO
3. HIS OR HER PARENTS IF THE MEMBER HAS NO WIDOW, WIDOWER, CHILDREN
UNDER THE AGE OF EIGHTEEN, OR A STUDENT UNDER THE AGE OF TWENTY-THREE,
FOR THEIR LIFETIMES. Such pension 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 have attained age eighteen or soon-
er die.
J. IN THE CASE OF A DECEASED MEMBER WHO DIED PRIOR TO THE EFFECTIVE
DATE OF THIS SUBDIVISION, THE PAYMENT OF THE BENEFIT TO THE DECEASED
MEMBER'S PARENTS SHALL COMMENCE ON THE EFFECTIVE DATE OF THIS SUBDIVI-
SION, PROVIDED, HOWEVER THAT THE BENEFIT AMOUNT SHALL BE DEEMED TO HAVE
BEEN SUBJECT TO ANNUAL INCREASES PURSUANT TO SUBDIVISION B OF THIS
SECTION AND ESCALATION PURSUANT TO SUBDIVISION C OF THIS SECTION, FROM
THE DATE OF SUCH MEMBER'S DEATH.
§ 2. This act shall take effect immediately.
