NY State Senate Bill 2023-S9666

Senate Bill S9666

2023-2024 Legislative Session

Allows for certain child beneficiaries to receive accidental death benefits for the duration of their lifetime

download bill text pdf

Current Bill Status - In Senate Committee Local Government 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 16, 2024	referred to local government

2023-S9666 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §208-f, Gen Muni L; amd §§13-149, 13-244, 13-347 & 13-544, NYC Ad Cd

2023-S9666 (ACTIVE) - Summary

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.

2023-S9666 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9666         Revised 5/24/2024

SPONSOR: RIVERA
 
TITLE OF BILL:

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 benefi-
ciaries to receive accidental death benefits for the duration of their
lifetime

 
PURPOSE OR GENERAL IDEA OF BILL:

Allows for certain child beneficiaries to receive accidental death bene-
fits for the duration of their lifetime.

 
SUMMARY OF PROVISIONS:

Section 1 amends the opening paragraphs of subdivisions a, b, c, and f
of section 208-f of the General Municipal Law, as it relates to the
Special Accidental Death Benefit (SADB) that is currently paid to the
surviving spouse, or if there is no surviving spouse, the deceased
member's children under age eighteen (if a student, age 23) available to

those that:

* Died before the effective date of their retirement, as the natural and
proximate result of an accident sustained in the performance of duty in
the service upon which his membership was based, and

* Did not cause such accident by their own wilful negligence and

* At the time of such accident was actually a member of a pension or
retirement system of any of the following:

* a deceased member of a pension or retirement system of a police
department or paid fire department of a city, town or village;

* a deceased paid member of the police force of the police department of
the New York city transit authority;

* a deceased paid member of the police force of the police department of
the New York city housing authority;

*  deceased paid member of the uniformed correction force of the New
York city department of correction;

* a deceased paid uniformed member of a county sheriffs department
(outside the city of New York);

* 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 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);

* a deceased paid bridge and tunnel member of the New York city employ-
ees' retirement system;
* a deceased paid member of the uniformed force of the New York city
department of sanitation; or

* a deceased paid deputy sheriff member of the New York city sheriff's
department

To reflect if there is no surviving spouse, the SADB would be paid to
the deceased member's children for the duration of their lifetime,
instead of being limited to ages 18 or 23.

Section 2 amends paragraphs 2 and 3 of subdivision a and paragraph 2 of
subdivision b of section 13-149 of the administrative code of the city
of New York, as it relates the the New York City Employees' Retirement
System, specifically death benefits, accidental death benefits (ADBs),
to reflect that upon application by or on behalf of the dependents of a
deceased member, the board would grant a lump sum payment of the
reserve-for-increased-take-homepay and a pension of one-half of the
final compensation of such employees to the deceased member's child or
children to continue as a joint and survivor pension until every child
dies.

Section 3 amends subdivision 2 and 3 of section 13-244 of the adminis-
trative code of the city of New York, as it relates to death benefits;
ADBs, that upon evidence submitted to the board providing the death of
the deceased member was the natural and proximate result of an accident
sustained while a member and in the performance of duty at some definite
time and place, and that the death was not the result of wilful negli-
gence on their part then the accumulated deductions, lump sum payment of
the reserve-for-increased-take-home-pay and in addition, a pension of
one-half of the final compensation of such employee, that us no less
than one-half of the full salary payable to a first grade police officer
on the date of death of the employee would be payable to the child or
children of the deceased if there is no surviving spouse to receive.

Section 4 amends paragraphs 2 and 3 of subdivision c of section 13-347
of the administrative code of the city of New York, as it relates to
death benefits; ADBs that upon the accidental death of the original plan
member before retirement, or upon the accidental death of an improved
benefits plan member before retirement, provided that evidence would be
submitted to the board proving that the death of such original plan
member or improved benefits plan member was the natural and proximate
result of an accident sustained while a member and in the performance of
duty at some definite time and place, and that the death was not the
result of wilful negligence on their part then the accumulated
deductions, lump sum payment of the reserve-for-increased-take-home-pay
and in addition, a pension of one-half of the final compensation of such
employee, that us no less than one-half of the full salary payable to a
first grade firefighter on the date of death of the employee would be
payable to the child or children of the deceased if there is no surviv-
ing spouse to receive.

Section 5 amends paragraph 2 and 3 of subdivision b of section 13-544 of
the administrative code of the city of New York, as it relates to the
Teachers' Retirement System, specifically ADBs that upon the accidental
death of a contributor before retirement, provided that evidence would
be submitted to the retirement board proving that the death was not the
result of wilful negligence on their part, the accumulated deductions
and the reserve-for-increased-take-homepay, if any, would be paid to the
estate, or a person the contributor would have nominated by written
designation filed of the retirement board; and upon application filed
within two years after the death of the member by or on behalf of the
dependents of the deceased, the retirement board would grant a person of
one-half of the final compensation of such contributor to the child or
children of the deceased if there is no surviving spouse.

Section 6 ensures an individual who has received benefits and will see a
reduction to conform with this act would not be required to repay any
such benefits already received.

Section 7 provides an immediate effective date and would be deemed to
have been in full force and effect on and after July 1, 2017.

 
JUSTIFICATION:

NYPD Officer Miosotis P. Familia was killed in the line of duty on July
5, 2017. While Fourth of July fireworks were going off, Detective Fami-
lia was callously shot in the head while she sat in her police vehicle
at East 183rd Street and Morris Avenue in the Bronx.

Officer Familia was brutally assassinated in an ambush attack solely for
the blue NYPD uniform she proudly wore.

Officer Familia was the first female police officer killed in the line
of duty since 9/11, and only the third female officer killed in the line
of duty in the history of the NYPD. The Police Commissioner stated,
"Make no mistake: Officer Familia was murdered for her uniform and for
the responsibility she embraced".

Officer Familia was a single mother and left behind three young chil-
dren, Genesis Villella, age 20, and twins Deliliah Vega and Peter Vega,
age 12. Barely of an age to raise herself under such trying circum-
stances, Genesis became the sole caregiver to her siblings and raised
them on her own.

To add to the family's pain, New York State does not recognize orphaned
children of slain police officers in the same way it does surviving
spouses. Had Officer Familia been married, her spouse would have
received her accidental death benefit for life. Because she was a single
mother raising three children, her accidental death benefit terminates
for each child when they reach the age of 18 or 23 if they are a
student.

This legislation would guarantee the child or children of a municipal
worker who has died in the line of duty, can claim the accidental death
benefits for the duration of their lifetime if there is no surviving
spouse to claim such benefits.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after July 1, 2017.

2023-S9666 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9666
 
                             I N  S E N A T E
 
                               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:
 
   Section  1.  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 subdivi-
 sion  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] SURVIVING SPOUSE 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]  SURVIVING  SPOUSE  has  died,  or  to the deceased
 member's parents if the member has no [widow, widower,] SURVIVING SPOUSE
 OR 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13325-05-4
 S. 9666                             2
 
 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
 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  sheriff  member  of  the New York city sheriff's
 department, providing the [widow or widower] SURVIVING SPOUSE is  ineli-
 gible  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] SURVIVING SPOUSE or the deceased
 member's children [under the age of eighteen], if the [widow or widower]
 SURVIVING SPOUSE has died, or to the deceased member's  parents  if  the
 member  has no [widow, widower,] SURVIVING SPOUSE OR children [under the
 age of eighteen, or a student under the age of twenty-three], 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] SURVIVING SPOUSE 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]
 SURVIVING SPOUSE has died, or to the deceased member's  parents  if  the
 member  has no [widow, widower,] SURVIVING SPOUSE OR 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:
   f. The special accidental death benefit shall be paid to:
   1. The member's [widow or widower] SURVIVING SPOUSE to continue during
 [his  or her] THE lifetime OF SUCH SURVIVING SPOUSE.  If [he or she] THE
 DECEASED MEMBER shall leave no [widow or widower] SURVIVING  SPOUSE,  or
 if [his or her widow or widower] SUCH DECEASED MEMBER'S SURVIVING SPOUSE
 shall  die  before  all  [his  or her] OF THE DECEASED MEMBER'S 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]  THE  child or children [under age eighteen, or, if
 students, under age twenty-three] OF  SUCH  DECEASED  MEMBER  FOR  THEIR
 LIFETIMES,  divided  in  such  manner as the comptroller, in [his] THEIR
 discretion, shall determine, or sooner die, then to
   3. [His or her] THE parents OF SUCH DECEASED MEMBER if the member  has
 no  [widow,  widower,]  SURVIVING  SPOUSE  OR children [under the age of
 eighteen, or a student under the age of twenty-three], for  their  life-
 times. Such pension shall continue in the same amount as received by the
 member's  [widow  or  widower]  SURVIVING SPOUSE as a joint and survivor
 pension until every such [child shall  have  attained  age  eighteen  or
 sooner] PARENT SHALL die.
   §  2.  Paragraphs 2 and 3 of subdivision a and paragraph 2 of subdivi-
 sion b of section 13-149 of the administrative code of the city  of  New
 York, paragraph 3 of subdivision a as amended by chapter 408 of the laws
 S. 9666                             3
 
 of  2000,  and paragraph 2 of subdivision b as amended by chapter 290 of
 the laws of 2001, are amended to read as follows:
   2. If there be no surviving spouse, or if the surviving spouse dies or
 remarries  before any child [of such deceased member shall have attained
 the age of eighteen years] DIES, then to  [his  or  her]  SUCH  DECEASED
 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  final  compensation]  until
 every such child dies [or attains such age]; or
   3. If there be no surviving spouse or child [under the age of eighteen
 years]  surviving such deceased member, then to [his or her] A dependent
 [father or mother] PARENT OF  SUCH  DECEASED  MEMBER,  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 dependent father or to his or her dependent mother]  ONE  OF  THE
 DECEASED  MEMBER'S  DEPENDENT  PARENTS,  as such board in its discretion
 shall direct, to continue for life; or
   (2) Notwithstanding the provisions of subdivision a of  this  section,
 upon the accidental death before retirement of a member who is a sanita-
 tion  member  provided  that  evidence  shall be submitted to such board
 proving that the death of such member  was  the  natural  and  proximate
 result of an accident sustained while a member and while in the perform-
 ance of duty at some definite time and place and that such death was not
 the  result  of  wilful  negligence  on  [his  or  her] THE part OF SUCH
 DECEASED  MEMBER,  [his  or  her]  SUCH  DECEASED  MEMBER'S  accumulated
 deductions  shall  be  paid  to  [his  or  her] THEIR estate, or to such
 persons as [he or she has] THEY HAVE  nominated  or  shall  nominate  by
 written  designation,  duly acknowledged and filed with such board. Upon
 application by or on behalf of the dependents of such  deceased  member,
 such  board shall grant a lump sum payment of the reserve-for-increased-
 take-home-pay and a pension of one-half of such member's  annual  salary
 or  compensation  on  the  date  of  [his or her] SUCH DECEASED MEMBER'S
 death; provided that in no case shall such pension be in an amount which
 is less than one-half of the maximum basic annual salary  of  sanitation
 workers  payable as of such date of death to sanitation workers employed
 by the department of sanitation:
   [(1)] (A) To [his or  her]  THE  surviving  spouse  OF  SUCH  DECEASED
 MEMBER, to continue until the death of the surviving spouse; or
   [(2)]  (B) 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] DIE, then to [his or her] THE child or children
 [under such age] OF SUCH DECEASED MEMBER, divided in such manner as such
 board in its discretion shall determine, to  continue  as  a  joint  and
 survivor  pension [in the amount hereinabove specified] until every such
 child dies [or attains such age]; or
   [(3)] (C) If there be no surviving spouse or child [under the  age  of
 eighteen  years]  surviving such deceased member, then to [his or her] A
 dependent [father or mother] PARENT OF  SUCH  DECEASED  MEMBER,  as  the
 deceased  member  shall  have  nominated  by  written  designation  duly
 acknowledged and filed with such board; or, if there be  no  such  nomi-
 nation,  then to [his or her dependent father or to his or her dependent
 mother] ONE OF THE DECEASED MEMBER'S DEPENDENT PARENTS, as such board in
 its discretion shall direct, to continue for life.
   § 3. 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:
 S. 9666                             4
 
   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  years],  then  to [his or her] SUCH DECEASED
 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  final  compensation  until]
 every such child dies [or attains such age]; or
   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 years], surviving
 such deceased member, then to [his or her] A dependent [father or  moth-
 er]  PARENT  OF  SUCH DECEASED MEMBER, 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 dependent
 father  or  to his or her dependent mother] ONE OF THE DECEASED MEMBER'S
 DEPENDENT PARENTS, as such board in  its  discretion  shall  direct,  to
 continue for life.
   §  4.  Paragraphs  2  and  3 of subdivision c of section 13-347 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 under the age  of  twenty-three  years],
 then  to  [his  or  her]  THE child or children [under such age] OF SUCH
 DECEASED MEMBER, divided in such manner as such board in its  discretion
 shall  determine,  to  continue, if such deceased member was an original
 plan member not subject to article eleven at the time of  [his  or  her]
 THEIR  death, as a joint and survivor pension [of one-half of his or her
 final compensation] until every such child dies [or attains  such  age],
 and  to  continue, if such deceased member was an improved benefits plan
 member not subject to article eleven at the time of [his or  her]  THEIR
 death,  as a joint and survivor pension [of one-half of his or her five-
 year-average compensation] until every such child dies [or attains  such
 age]; or
   (3)  If  there be no surviving spouse or child [under the age of eigh-
 teen years or if a student under the age of twenty-three years]  surviv-
 ing  such  deceased  member, then to [his or her] A dependent [father or
 mother] PARENT OF SUCH DECEASED MEMBER, as such  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
 dependent  father or to his or her dependent mother] ONE OF THE DECEASED
 MEMBER'S DEPENDENT PARENTS,  as  such  board  in  its  discretion  shall
 direct, to continue for life.
   §  5.  Paragraphs  2  and  3 of subdivision b of section 13-544 of the
 administrative code of the city of New  York  are  amended  to  read  as
 follows:
   2.  if  there  be no spouse, or if the spouse dies or remarries before
 any child of such deceased shall [have  attained  the  age  of  eighteen
 years]  DIE,  then to the child or children [under said age], divided in
 such manner as the retirement board in its discretion  shall  determine,
 to  continue  as  a  joint  and survivor pension [of one-half his or her
 final compensation] until every such child dies [or attains  said  age];
 or
   3.  if  there  be no spouse or child [under the age of eighteen years]
 surviving such deceased, then to [the] A dependent  [father  or  mother]
 PARENT  OF  THE DECEASED MEMBER, as the deceased shall have nominated by
 S. 9666                             5

 written designation filed with the retirement board; or, if there be  no
 such nomination, then to [the dependent father or to the dependent moth-
 er]  ONE  OF  THE DECEASED MEMBER'S DEPENDENT PARENTS, as the retirement
 board in its discretion shall direct, to continue for life.
   §  6.  No  individual  whose benefits shall be reduced pursuant to the
 provisions of this act shall be required  to  repay  any  such  benefits
 already received.
   §  7.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after July 1, 2017.

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