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S T A T E O F N E W Y O R K
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3815
2025-2026 Regular Sessions
I N S E N A T E
January 30, 2025
___________
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:
1 Section 1. The opening paragraphs of subdivisions a, b and c and
2 subdivision f of section 208-f of the general municipal law, the opening
3 paragraph of subdivision a as amended by chapter 720 of the laws of
4 2023, the opening paragraph of subdivision b as amended by section 1 of
5 part Y of chapter 55 of the laws of 2023, the opening paragraph of
6 subdivision c as amended by chapter 162 of the laws of 2024 and subdivi-
7 sion f as amended by chapter 782 of the laws of 2022, are amended to
8 read as follows:
9 Notwithstanding any other provision of law, the special accidental
10 death benefit provided by this section shall be paid to the [widow or
11 widower] SURVIVING SPOUSE or the deceased member's children [under the
12 age of eighteen, or, if a student under the age of twenty-three], if the
13 [widow or widower] SURVIVING SPOUSE has died, or to the deceased
14 member's parents if the member has no [widow, widower,] SURVIVING SPOUSE
15 OR children [under the age of eighteen, or a student under the age of
16 twenty-three], of: (i) a deceased member of a pension or retirement
17 system of a police department or paid fire department of a city, town or
18 village; (ii) a deceased paid member of the police force of the police
19 department of the New York city transit authority; (iii) a deceased paid
20 member of the police force of the police department of the New York city
21 housing authority; (iv) a deceased paid member of the uniformed
22 correction force of the New York city department of correction; (v) a
23 deceased paid uniformed member of a county sheriff's department (outside
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08007-01-5
S. 3815 2
1 the city of New York); (vi) a deceased employee of the city of New York
2 or the New York city health and hospitals corporation in a title whose
3 duties are those of an emergency medical technician or advanced emergen-
4 cy medical technician (as those terms are defined in section three thou-
5 sand one of the public health law), or in a title whose duties require
6 the supervision of employees whose duties are those of an emergency
7 medical technician or advanced emergency medical technician (as those
8 terms are defined in section three thousand one of the public health
9 law); (vii) a deceased paid bridge and tunnel member of the New York
10 city employees' retirement system; (viii) a deceased paid member of the
11 uniformed force of the New York city department of sanitation; or (ix) a
12 deceased paid deputy sheriff member of the New York city sheriff's
13 department, providing the [widow or widower] SURVIVING SPOUSE is ineli-
14 gible to receive benefits pursuant to section three hundred sixty-one-a
15 of the retirement and social security law as amended by chapter seven
16 hundred thirty-three of the laws of nineteen hundred ninety and the
17 deceased member:
18 The special accidental death benefit shall be paid by the county,
19 city, town or village which employed the deceased member at the time of
20 death, and shall consist of a pension which is equal to the salary of
21 the deceased member, reduced by the sum of each of the following bene-
22 fits received by the [widow or widower] SURVIVING SPOUSE or the deceased
23 member's children [under the age of eighteen], if the [widow or widower]
24 SURVIVING SPOUSE has died, or to the deceased member's parents if the
25 member has no [widow, widower,] SURVIVING SPOUSE OR children [under the
26 age of eighteen, or a student under the age of twenty-three], on account
27 of the death of the deceased member:
28 Commencing July first, two thousand twenty-four the special accidental
29 death benefit paid to a [widow or widower] SURVIVING SPOUSE or the
30 deceased member's children [under the age of eighteen or, if a student,
31 under the age of twenty-three], if the [widow or widower] SURVIVING
32 SPOUSE has died, or to the deceased member's parents if the member has
33 no [widow, widower,] SURVIVING SPOUSE OR children [under the age of
34 eighteen, or a student under the age of twenty-three], shall be esca-
35 lated by adding thereto an additional percentage of the salary of the
36 deceased member (as increased pursuant to subdivision b of this section)
37 in accordance with the following schedule:
38 f. The special accidental death benefit shall be paid to:
39 1. The member's [widow or widower] SURVIVING SPOUSE to continue during
40 [his or her] THE lifetime OF SUCH SURVIVING SPOUSE. If [he or she] THE
41 DECEASED MEMBER shall leave no [widow or widower] SURVIVING SPOUSE, or
42 if [his or her widow or widower] SUCH DECEASED MEMBER'S SURVIVING SPOUSE
43 shall die before all [his or her] OF THE DECEASED MEMBER'S children
44 [shall have attained age eighteen or, if students shall have attained
45 the age of twenty-three], or sooner die, then to
46 2. [His or her] THE child or children [under age eighteen, or, if
47 students, under age twenty-three] OF SUCH DECEASED MEMBER FOR THEIR
48 LIFETIMES, divided in such manner as the comptroller, in [his] THEIR
49 discretion, shall determine, or sooner die, then to
50 3. [His or her] THE parents OF SUCH DECEASED MEMBER if the member has
51 no [widow, widower,] SURVIVING SPOUSE OR children [under the age of
52 eighteen, or a student under the age of twenty-three], for their life-
53 times. Such pension shall continue in the same amount as received by the
54 member's [widow or widower] SURVIVING SPOUSE as a joint and survivor
55 pension until every such [child shall have attained age eighteen or
56 sooner] PARENT SHALL die.
S. 3815 3
1 § 2. Paragraphs 2 and 3 of subdivision a and paragraph 2 of subdivi-
2 sion b of section 13-149 of the administrative code of the city of New
3 York, paragraph 3 of subdivision a as amended by chapter 408 of the laws
4 of 2000, and paragraph 2 of subdivision b as amended by chapter 290 of
5 the laws of 2001, are amended to read as follows:
6 2. If there be no surviving spouse, or if the surviving spouse dies or
7 remarries before any child [of such deceased member shall have attained
8 the age of eighteen years] DIES, then to [his or her] SUCH DECEASED
9 MEMBER'S child or children [under such age], divided in such manner as
10 such board in its discretion shall determine, to continue as a joint and
11 survivor pension [of one-half of his or her final compensation] until
12 every such child dies [or attains such age]; or
13 3. If there be no surviving spouse or child [under the age of eighteen
14 years] surviving such deceased member, then to [his or her] A dependent
15 [father or mother] PARENT OF SUCH DECEASED MEMBER, as the deceased
16 member shall have nominated by written designation duly acknowledged and
17 filed with such board; or, if there be no such nomination, then to [his
18 or her dependent father or to his or her dependent mother] ONE OF THE
19 DECEASED MEMBER'S DEPENDENT PARENTS, as such board in its discretion
20 shall direct, to continue for life; or
21 (2) Notwithstanding the provisions of subdivision a of this section,
22 upon the accidental death before retirement of a member who is a sanita-
23 tion member provided that evidence shall be submitted to such board
24 proving that the death of such member was the natural and proximate
25 result of an accident sustained while a member and while in the perform-
26 ance of duty at some definite time and place and that such death was not
27 the result of wilful negligence on [his or her] THE part OF SUCH
28 DECEASED MEMBER, [his or her] SUCH DECEASED MEMBER'S accumulated
29 deductions shall be paid to [his or her] THEIR estate, or to such
30 persons as [he or she has] THEY HAVE nominated or shall nominate by
31 written designation, duly acknowledged and filed with such board. Upon
32 application by or on behalf of the dependents of such deceased member,
33 such board shall grant a lump sum payment of the reserve-for-increased-
34 take-home-pay and a pension of one-half of such member's annual salary
35 or compensation on the date of [his or her] SUCH DECEASED MEMBER'S
36 death; provided that in no case shall such pension be in an amount which
37 is less than one-half of the maximum basic annual salary of sanitation
38 workers payable as of such date of death to sanitation workers employed
39 by the department of sanitation:
40 [(1)] (A) To [his or her] THE surviving spouse OF SUCH DECEASED
41 MEMBER, to continue until the death of the surviving spouse; or
42 [(2)] (B) If there be no surviving spouse, or if the surviving spouse
43 dies before any child of such deceased member shall [have attained the
44 age of eighteen years] DIE, then to [his or her] THE child or children
45 [under such age] OF SUCH DECEASED MEMBER, divided in such manner as such
46 board in its discretion shall determine, to continue as a joint and
47 survivor pension [in the amount hereinabove specified] until every such
48 child dies [or attains such age]; or
49 [(3)] (C) If there be no surviving spouse or child [under the age of
50 eighteen years] surviving such deceased member, then to [his or her] A
51 dependent [father or mother] PARENT OF SUCH DECEASED MEMBER, as the
52 deceased member shall have nominated by written designation duly
53 acknowledged and filed with such board; or, if there be no such nomi-
54 nation, then to [his or her dependent father or to his or her dependent
55 mother] ONE OF THE DECEASED MEMBER'S DEPENDENT PARENTS, as such board in
56 its discretion shall direct, to continue for life.
S. 3815 4
1 § 3. Subdivisions 2 and 3 of section 13-244 of the administrative code
2 of the city of New York, as amended by chapter 733 of the laws of 1990,
3 are amended to read as follows:
4 2. If there be no surviving spouse, or if the surviving spouse dies
5 before any child of such deceased member [shall have attained the age of
6 eighteen years, or if a student, before such child shall have attained
7 the age of twenty-three years], then to [his or her] SUCH DECEASED
8 MEMBER'S child or children [under such age], divided in such manner as
9 such board in its discretion shall determine, to continue as a joint and
10 survivor pension [of one-half of his or her final compensation until]
11 every such child dies [or attains such age]; or
12 3. If there be no surviving spouse or child [under the age of eighteen
13 years, or if a student, under the age of twenty-three years], surviving
14 such deceased member, then to [his or her] A dependent [father or moth-
15 er] PARENT OF SUCH DECEASED MEMBER, as the deceased member shall have
16 nominated by written designation duly acknowledged and filed with such
17 board; or, if there be no such nomination, then to [his or her dependent
18 father or to his or her dependent mother] ONE OF THE DECEASED MEMBER'S
19 DEPENDENT PARENTS, as such board in its discretion shall direct, to
20 continue for life.
21 § 4. Paragraphs 2 and 3 of subdivision c of section 13-347 of the
22 administrative code of the city of New York, as amended by chapter 733
23 of the laws of 1990, are amended to read as follows:
24 (2) If there be no surviving spouse, or if the surviving spouse dies
25 before any child of such deceased member [shall have attained the age of
26 eighteen years or if a student under the age of twenty-three years],
27 then to [his or her] THE child or children [under such age] OF SUCH
28 DECEASED MEMBER, divided in such manner as such board in its discretion
29 shall determine, to continue, if such deceased member was an original
30 plan member not subject to article eleven at the time of [his or her]
31 THEIR death, as a joint and survivor pension [of one-half of his or her
32 final compensation] until every such child dies [or attains such age],
33 and to continue, if such deceased member was an improved benefits plan
34 member not subject to article eleven at the time of [his or her] THEIR
35 death, as a joint and survivor pension [of one-half of his or her five-
36 year-average compensation] until every such child dies [or attains such
37 age]; or
38 (3) If there be no surviving spouse or child [under the age of eigh-
39 teen years or if a student under the age of twenty-three years] surviv-
40 ing such deceased member, then to [his or her] A dependent [father or
41 mother] PARENT OF SUCH DECEASED MEMBER, as such deceased member shall
42 have nominated by written designation duly acknowledged and filed with
43 such board; or, if there be no such nomination, then to [his or her
44 dependent father or to his or her dependent mother] ONE OF THE DECEASED
45 MEMBER'S DEPENDENT PARENTS, as such board in its discretion shall
46 direct, to continue for life.
47 § 5. Paragraphs 2 and 3 of subdivision b of section 13-544 of the
48 administrative code of the city of New York are amended to read as
49 follows:
50 2. if there be no spouse, or if the spouse dies or remarries before
51 any child of such deceased shall [have attained the age of eighteen
52 years] DIE, then to the child or children [under said age], divided in
53 such manner as the retirement board in its discretion shall determine,
54 to continue as a joint and survivor pension [of one-half his or her
55 final compensation] until every such child dies [or attains said age];
56 or
S. 3815 5
1 3. if there be no spouse or child [under the age of eighteen years]
2 surviving such deceased, then to [the] A dependent [father or mother]
3 PARENT OF THE DECEASED MEMBER, as the deceased shall have nominated by
4 written designation filed with the retirement board; or, if there be no
5 such nomination, then to [the dependent father or to the dependent moth-
6 er] ONE OF THE DECEASED MEMBER'S DEPENDENT PARENTS, as the retirement
7 board in its discretion shall direct, to continue for life.
8 § 6. No individual whose benefits shall be reduced pursuant to the
9 provisions of this act shall be required to repay any such benefits
10 already received.
11 § 7. This act shall take effect immediately and shall be deemed to
12 have been in full force and effect on and after July 1, 2017.