NY State Senate Bill 2023-S7585

Senate Bill S7585

2023-2024 Legislative Session

Relates to payment of accidental death benefits for members who die while travelling to work

download bill text pdf

Current Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to civil service and pensions
Jun 28, 2023	referred to rules

2023-S7585 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§61, 361, 509 & 607, R & SS L

2023-S7585 (ACTIVE) - Summary

Provides for payment of accidental death benefits for members who die while travelling from their primary residence directly to their place of business, or to a different location where such member was assigned to perform his or her duties.

2023-S7585 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7585

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:  An act to amend the retirement and social security
law, in relation to payment of accidental death benefits for members who
die while travelling to work

 
TITLE OF BILL:  An act to amend the retirement and social security
law, in relation to payment of accidental death benefits for members who
die while travelling to work

 
TITLE OF BILL:

An act to amend the retirement and social security law, in relation to
payment of accidental death benefits for members who die while travel-
ling to work

 
SUMMARY OF PROVISIONS:

Section one of the bill cites the bill as the "Anthony Varvaro's Law."

Section two of the bill amends section 61 of the retirement and social
security law by adding a new subdivision a-1, whereas a member shall be
considered to have died as the natural and proximate result of an acci-
dent sustained in the performance of duty if such member is travelling
from their primary residence directly to their place of business, or to
a different location where such member was assigned to perform his or
her duties.

Section three of the bill, section 361 of the retirement and social
security law s amended by adding a new subdivision a-1.

Section 4 of the bill, amends section 509 of the retirement and social
security law to conform to subdivision a-1.

Section 5 states in the opening paragraph of subdivision a of section
607 of the retirement and social security laws, as amended by chapter
253 of the law of 2019, is amended to read as the eligible beneficiary
of a member in service, or a vested member who dies as a result of a
qualifying World Trade Center condition as defined in section two of
this chapter, shall be entitled to an accidental death benefit in the
form of a pension equal to fifty percent of such members wages earned
during his or her last year of actual service or his or her anneal wage
rate if he or she was credited with less than one year of service since
last becoming a member, if, upon application filed within five years
after the death of the member of the member, the head of the retirement
system determines that such member died before the effective date of
retirement, as the natural and proximate result of an accident caused by
his or her own willful negligence sustained in the performance of his or
her duties in active service and while actually a member of the retire-
ment system.

Notwithstanding any other provision of law to the contrary, a member
shall be considered to have died as the natural and proximate result of
an accident sustained in the performance of duty if such member is trav-
eling from their primary residence directly to their place of business,
or to a different location where such member was assigned to perform his
or her duties.

Section 6: This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after September 11, 2022.

Section four of the bill establishes the effective date.

 
JUSTIFICATION:

Anthony Varvaro, a former Major League Baseball pitcher who retired in
2016 to become a police officer in New York City, was killed in a car
crash on his way to work at the Sept. 11 memorial ceremony in Manhattan.
Anthony was 37 and an officer for the Port Authority of New York and New
Jersey.

It is often common policy that most state and local employees are typi-
cally compensated for travel expenses during travel for work.  They and
their families should be compensated, especially in tragic cases where
the employee is injured or killed with traveling to and from work or to
an assigned designation. This legislation is seeking to rectify this
issue by placing in current statue that the employee died as the natural
and proximate result of an accident sustained in the performance of duty
if such member was traveling from their primary residence directly to
their place of business, or to a different location where such member
was assigned to perform his or her duties.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

Shall be determined

 
EFFECTIVE DATE:

2023-S7585 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7585
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 28, 2023
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 AN ACT to amend the retirement and social security law, in  relation  to
   payment of accidental death benefits for members who die while travel-
   ling to work

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The act shall  be  known  and  may  be  cited  as  "Anthony
 Varvaro's law".
   §  2.  Section 61 of the retirement and social security law is amended
 by adding a new subdivision a-1 to read as follows:
   A-1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  A
 MEMBER  SHALL  BE  CONSIDERED  TO HAVE DIED AS THE NATURAL AND PROXIMATE
 RESULT OF AN ACCIDENT SUSTAINED IN  THE  PERFORMANCE  OF  DUTY  IF  SUCH
 MEMBER  IS  TRAVELLING  FROM  THEIR  PRIMARY RESIDENCE DIRECTLY TO THEIR
 PLACE OF BUSINESS, OR TO A DIFFERENT  LOCATION  WHERE  SUCH  MEMBER  WAS
 ASSIGNED TO PERFORM HIS OR HER DUTIES.
   §  3. Section 361 of the retirement and social security law is amended
 by adding a new subdivision a-1 to read as follows:
   A-1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  A
 MEMBER  SHALL  BE  CONSIDERED  TO HAVE DIED AS THE NATURAL AND PROXIMATE
 RESULT OF AN ACCIDENT SUSTAINED IN  THE  PERFORMANCE  OF  DUTY  IF  SUCH
 MEMBER  IS  TRAVELLING  FROM  THEIR  PRIMARY RESIDENCE DIRECTLY TO THEIR
 PLACE OF BUSINESS, OR TO A DIFFERENT  LOCATION  WHERE  SUCH  MEMBER  WAS
 ASSIGNED TO PERFORM HIS OR HER DUTIES.
   §  4. Section 509 of the retirement and social security law is amended
 by adding a new subdivision a-1 to read as follows:
   A-1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  A
 MEMBER  SHALL  BE  CONSIDERED  TO HAVE DIED AS THE NATURAL AND PROXIMATE
 RESULT OF AN ACCIDENT SUSTAINED IN  THE  PERFORMANCE  OF  DUTY  IF  SUCH
 MEMBER  IS  TRAVELLING  FROM  THEIR  PRIMARY RESIDENCE DIRECTLY TO THEIR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11781-01-3

 S. 7585                             2
 
 PLACE OF BUSINESS, OR TO A DIFFERENT  LOCATION  WHERE  SUCH  MEMBER  WAS
 ASSIGNED TO PERFORM HIS OR HER DUTIES.
   §  5.  The  opening  paragraph  of subdivision a of section 607 of the
 retirement and social security laws, as amended by chapter  253  of  the
 law of 2019, is amended to read as follows:
   The eligible beneficiary of a member in service, or of a vested member
 who  dies  as  a  result of a qualifying World Trade Center condition as
 defined in section two of this chapter, shall be entitled  to  an  acci-
 dental  death benefit in the form of a pension equal to fifty percent of
 such member's wages earned during his or her last year of actual service
 or his or her annual wage rate if he or she was credited with less  than
 one  year  of service since last becoming a member, if, upon application
 filed within five years after the death of the member, the head  of  the
 retirement  system determines that such member died before the effective
 date of retirement, as the natural and proximate result of  an  accident
 not  caused  by  his  or  her  own  willful  negligence sustained in the
 performance of his or her duties in active service and while actually  a
 member of the retirement system.  NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW  TO  THE  CONTRARY, A MEMBER SHALL BE CONSIDERED TO HAVE DIED AS THE
 NATURAL AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE
 OF DUTY IF SUCH  MEMBER  IS  TRAVELLING  FROM  THEIR  PRIMARY  RESIDENCE
 DIRECTLY  TO  THEIR  PLACE OF BUSINESS, OR TO A DIFFERENT LOCATION WHERE
 SUCH MEMBER WAS ASSIGNED TO PERFORM HIS OR HER DUTIES.
   § 6. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after September 11, 2022.

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