S T A T E   O F   N E W   Y O R K
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                                  7017--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the general municipal law, the retirement and social
   security law and the administrative code of the city of New  York,  in
   relation  to allowing for child beneficiaries of deceased police offi-
   cers and firefighters to receive accidental death benefits  until  age
   twenty-six
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2 and 3 of section 208-b of the general munic-
 ipal law, as added by chapter 882 of the laws of 1958, and  paragraph  b
 of  subdivision  2  as  amended  by chapter 877 of the laws of 1981, are
 amended to read as follows:
   2. The death benefit shall be paid by the municipality upon the allow-
 ance of the claim therefor, and shall consist of:
   a. An amount equal to the salary received by such member either during
 the year immediately preceding [his] SUCH MEMBER'S death, or during  the
 year preceding such injuries, whichever is greater and
   b. One thousand dollars, or ten percent of the deceased member's final
 salary, whichever is higher, payable for each child of such member under
 [eighteen] TWENTY-SIX on the date of the member's death.
   3. The death benefit shall be paid to:
   a.  The  member's widow OR WIDOWER, or if [he] SUCH MEMBER shall leave
 no widow OR WIDOWER, or if [his] SUCH widow OR WIDOWER shall die  before
 receiving  the  total of the amounts provided in subdivision two hereof,
 then to

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06579-03-4
 S. 7017--A                          2
              

 
   b. [His] SUCH MEMBER'S child or children under age [eighteen]  TWENTY-
 SIX, in equal amounts.
   § 2. The opening paragraphs of subdivisions a, b and c and subdivision
 f  of  section 208-f of the general municipal law, the opening paragraph
 of subdivision a as amended by chapter 720 of  the  laws  of  2023,  the
 opening  paragraph of subdivision b as amended by section 1 of part Y of
 chapter 55 of the laws of 2023, the opening paragraph of  subdivision  c
 as  amended  by  chapter  213  of  the laws of 2023 and subdivision f as
 amended by chapter 782 of the laws of  2022,  are  amended  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] TWENTY-SIX, if the widow
 or widower has died, or to the deceased member's parents if  the  member
 has  no  widow,  widower[,] OR children under the age of [eighteen, or a
 student under the age of twenty-three] TWENTY-SIX, 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 trans-
 it  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  emer-
 gency  medical  technician  or advanced emergency medical technician (as
 those terms are defined in section three  thousand  one  of  the  public
 health  law),  or  in  a  title  whose duties require 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;  (viii) a deceased paid member of the uniformed force of the New
 York city department of sanitation; or (ix) a deceased paid deputy sher-
 iff member of the New York  city  sheriff's  department,  providing  the
 widow  or  widower is ineligible to receive benefits pursuant 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  county,
 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 bene-
 fits received by the widow or widower or the deceased member's  children
 under  the  age  of  [eighteen]  TWENTY-SIX, if the widow or widower has
 died, or to the deceased member's parents if the member  has  no  widow,
 widower[,]  OR  children  under the age of [eighteen, or a student under
 the age of twenty-three] TWENTY-SIX, on account  of  the  death  of  the
 deceased member:
   Commencing  July  first,  two  thousand twenty-three 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]  TWENTY-SIX,  if  the widow or widower has died, or to the
 deceased member's parents if the member  has  no  widow,  widower[,]  OR
 S. 7017--A                          3
 
 children under the age of [eighteen, or a student under the age of twen-
 ty-three] TWENTY-SIX, 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 sche-
 dule:
   f. The special accidental death benefit shall be paid to:
   1.  The member's widow or widower to continue during [his or her] SUCH
 PERSON'S lifetime.  If [he or she] THE MEMBER shall leave  no  widow  or
 widower,  or  if  [his  or her] SUCH MEMBER'S widow or widower shall die
 before all [his or her] THE MEMBER'S children shall  have  attained  age
 [eighteen  or,  if students shall have attained the age of twenty-three]
 TWENTY-SIX, or sooner die, then to
   2. [His or her] THE MEMBER'S child or children  under  age  [eighteen,
 or,  if  students,  under  age twenty-three] TWENTY-SIX, divided in such
 manner as the comptroller, in [his] THE COMPTROLLER'S discretion,  shall
 determine, or sooner die, then to
   3.  [His  or  her]  THE  MEMBER'S  parents if the member has no widow,
 widower[,] OR children under the age of [eighteen, or  a  student  under
 the  age  of twenty-three] TWENTY-SIX, 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] TWENTY-SIX or sooner die.
   § 3. Subdivision d of section 361 of the retirement and social securi-
 ty law, as amended by chapter 733 of the laws of  1990,  is  amended  to
 read as follows:
   d.  The pension on account of accidental death and the reserve-for-in-
 creased-take-home-pay shall be paid to:
   1. The member's widow or widower to continue during [his or her]  SUCH
 PERSON'S  lifetime.   If [he or she] SUCH MEMBER shall leave no widow or
 widower, or if [his or her] SUCH widow or widower shall die  before  all
 [his or her] THE MEMBER'S children shall have attained age [eighteen, or
 if  students,  before all of his or her children shall have attained age
 twenty-three, or sooner die] TWENTY-SIX, then to
   2. [His or her] THE MEMBER'S child or children  under  age  [eighteen,
 or, if students, his or her children under age twenty-three] TWENTY-SIX,
 divided  in  such  manner as the comptroller, in [his] THE COMPTROLLER'S
 discretion, shall determine. Such pension shall continue as a joint  and
 survivor  pension  until every such child shall have attained age [eigh-
 teen,  or,  if  a  student,  shall  have  attained   age   twenty-three]
 TWENTY-SIX,  or  sooner  die.  If no widow or widower or child under age
 [eighteen, or, if a student, under age twenty-three]  TWENTY-SIX,  shall
 survive  such  member,  at the time of [his or her] SUCH MEMBER'S death,
 then to
   3. [His or her] THE MEMBER'S dependent father or dependent mother,  as
 [he or she] SUCH MEMBER shall have nominated by written designation duly
 acknowledged and filed with the comptroller. Such pension shall continue
 for  the  life  of  the parent so designated. If there be no such desig-
 nation, then to
   4. [His or her] THE MEMBER'S dependent father or dependent mother,  as
 the comptroller, in [his] THE COMPTROLLER'S discretion, shall determine.
 Such pension shall continue for the life of the parent so elected.
   [For  purposes  of  this  subdivision,  student  shall  mean  a person
 enrolled in an accredited institution of higher education for  at  least
 twelve  semester  hours  for  a semester of not less than fifteen weeks,
 inclusive of examination periods; or eight semester hours a quarter; or,
 in programs not organized on a semester or  quarter  basis,  twenty-four
 S. 7017--A                          4

 semester  hours  for  an academic year of not more than twelve months or
 the equivalent, as  determined  by  the  commissioner  of  education.  A
 student  shall  be  considered  full-time  for a program organized on an
 academic-year  basis  only if the student has filed a plan of study with
 the institution for the entire academic year.]
   § 4. The opening paragraphs of subdivisions a, b and c and subdivision
 e of section 361-a of the retirement and social security law, the  open-
 ing  paragraphs  of subdivisions a and b and subdivision e as amended by
 chapter 733 of the laws of 1990, and the opening paragraph  of  subdivi-
 sion  c  as  amended  by chapter 213 of the laws of 2023, are amended to
 read as follows:
   Notwithstanding any other provision of law, 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] TWENTY-SIX, if the widow or  widower  has
 died  who  is  or are receiving the accidental death benefit provided by
 section three hundred sixty-one of this chapter, shall also be paid  the
 special accidental death benefit authorized by this section.
   The special accidental death benefit shall be payable from the pension
 accumulation  fund, and shall consist of a pension which is equal to the
 salary of the deceased member reduced by the sum of each of the  follow-
 ing  benefits  received by 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]  TWENTY-SIX,  if the widow or widower has died, on account
 of the death of the deceased member:
   Commencing July first, two thousand  twenty-three  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] TWENTY-SIX, if the widow or widower  has  died,  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:
   e. The special accidental death benefit shall be paid to:
   1.  The member's widow or widower to continue during [his or her] SUCH
 PERSON'S lifetime.  If [he or she] SUCH MEMBER shall leave no  widow  or
 widower,  or  if  [his  or her] SUCH MEMBER'S widow or widower shall die
 before all [his or her] THE MEMBER'S children shall  have  attained  age
 [eighteen  or, if a student, shall have attained the age of twenty-three
 or sooner die] TWENTY-SIX, then to
   2. [His or her] THE MEMBER'S child or children under age [eighteen or,
 if a student, under the age of twenty-three] TWENTY-SIX, divided in such
 manner as the comptroller, in [his] THE COMPTROLLER'S discretion,  shall
 determine. 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,  if  a  student,
 attained the age of twenty-three] TWENTY-SIX or sooner die.
   § 5. Subdivisions 2 and 3 of section 13-244 of the administrative code
 of  the city of New York, as amended by chapter 733 of the laws of 1990,
 are amended to read as follows:
   2. If there be no surviving spouse, or if the  surviving  spouse  dies
 before  any child of such deceased member shall have attained the age of
 [eighteen years, or if a student, before such child shall have  attained
 the  age  of  twenty-three]  TWENTY-SIX years, then to [his or her] SUCH
 MEMBER'S child or children under such age, divided  in  such  manner  as
 such board in its discretion shall determine, to continue as a joint and
 survivor pension of one-half of [his or her] SUCH MEMBER'S final compen-
 sation until every such child dies or attains such age; or
 S. 7017--A                          5
 
   3. If there be no surviving spouse or child under the age of [eighteen
 years,  or  if  a  student,  under  the  age of twenty-three] TWENTY-SIX
 years[,] surviving such deceased  member,  then  to  [his  or  her]  THE
 MEMBER'S  dependent  father or mother, as the deceased member shall have
 nominated  by  written designation duly acknowledged and filed with such
 board; or, if there be no such nomination, then  to  [his  or  her]  THE
 MEMBER'S  dependent  father  or  to  [his or her] THE MEMBER'S dependent
 mother, as such board in its discretion shall direct,  to  continue  for
 life.
   § 6. This act shall take effect immediately.