NY State Senate Bill 2025-S2642

Senate Bill S2642

2025-2026 Legislative Session

Allows for child beneficiaries of deceased police officers and firefighters to receive accidental death benefits until age twenty-six

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 22, 2025	referred to civil service and pensions

2025-S2642 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: General Municipal Law
Laws Affected:: Amd §§208-b & 208-f, Gen Muni L; amd §§361 & 361-a, R & SS L; amd §13-244, NYC Ad Cd
Versions Introduced in 2023-2024 Legislative Session:: S7017

2025-S2642 (ACTIVE) - Summary

Allows for child beneficiaries of deceased police officers and firefighters to receive accidental death benefits until age twenty-six.

2025-S2642 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2642

SPONSOR: ADDABBO
 
TITLE OF BILL:

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 officers
and firefighters to receive accidental death benefits until age twenty-
six

 
PURPOSE:

To allow the orphaned children of deceased police officers and fire-
fighters to receive accidental death benefits for the duration of their
lifetime.

 
SUMMARY OF PROVISIONS:

Section one amends subdivision 2 and 3 of section 208-b of the general
municipal law by stating the death benefit shall be paid for by the
municipality upon the allowance of the claim and outlines who will

receive said death benefit and what allowances will be met under this
section.

Section two amends subdivisions a, b, c and f of section 208-f of the
general municipal law stating the special accidental death benefit 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. The
section also outlines the benefactor's special death benefit, pension,
and the respective municipalities.

Section three amends subdivision d of section 361 of the retirement and
social security law by adding "child's of children's lifetime" to
include who will receive such pension in the event of the benefactor
passing.

Section four amends subdivisions a, b, c and e of section 361-a of the
retirement and social security law

Section five amends subdivisions two and three of section 13-244 of the
administrative code of the city of New York provides the circumstances
in which the beneficiary of the special death benefit will be the
surviving child of the benefactor.

Section six outlines the effective date.

 
JUSTIFICATION:

NYPD Officer Miosotis Familia was killed in the line of duty on July 5,
2017. While fourth of July fireworks were going off, Detective Familia
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 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 not married and
left behind three young children, Genesis Villella, age 20, and twins
Deliliah Vega, and Peter Vega, age 12. Genesis became the sole caregiver
to her siblings. New York State does not recognize orphaned children of
slain police officers in the same way it does spouses. If Officer Fami-
lia been married, her spouse would receive her accidental death benefit
for life, but since she was a single mother raising three children, her
accidental death benefit terminates for each child when they reach the
age of 21.  This legislation grants Genesis and her siblings the same
benefit her family would receive if her mother was married. The benefit
will be split equally between each sibling.

 
LEGISLATIVE HISTORY:

2023: New Bill

2024: Amended & Recommitted to Senate Civil Service & Pensions Commit-
tee.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S2642 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2642
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2025
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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,  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
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07021-01-5

 S. 2642                             2
 
 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 162 of the laws  of  2024  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-four the special accidental
 death benefit paid to a widow or widower or the deceased member's  chil-
 dren under the age of [eighteen or, if a student, under the age of twen-
 ty-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 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:
 S. 2642                             3
 
   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
 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.]
 S. 2642                             4

   § 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 subdivision
 c  as amended by chapter 162 of the laws of 2024, 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] TITLE, 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-four the special accidental
 death benefit paid to a widow or widower or the deceased member's  chil-
 dren under the age of [eighteen or, if a student, under the age of twen-
 ty-three]  TWENTY-SIX,  if the widow or widower has died, shall be esca-
 lated 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
   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
 S. 2642                             5
 
 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.

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