Bill Text: NY S09085 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides a special accidental death benefit to the parents of a deceased member if such member has no spouse or child under the age of eighteen or twenty-three if a student.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2022-12-23 - SIGNED CHAP.782 [S09085 Detail]
Download: New_York-2021-S09085-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9085 IN SENATE May 9, 2022 ___________ Introduced by Sen. SAVINO -- 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, in relation to providing a special accidental death benefit to the parents of certain deceased members The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subdivision a, the opening para- 2 graph of subdivision b, subdivision c and subdivision f of section 208-f 3 of the general municipal law, the opening paragraph of subdivision a as 4 amended by chapter 457 of the laws of 2017, the opening paragraph of 5 subdivision b as amended by chapter 634 of the laws of 1984, subdivision 6 c as amended by chapter 327 of the laws of 2021 and subdivision f as 7 amended by chapter 733 of the laws of 1990, are amended and a new subdi- 8 vision j is added to 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 or the deceased member's children under the age of eighteen, or, 12 if a student under the age of twenty-three, if the widow or widower has 13 died, or to the deceased member's parents if the member has no widow, 14 widower, children under the age of eighteen, or a student under the age 15 of twenty-three, of: (i) a deceased member of a pension or retirement 16 system of a police department or paid fire department of a city, town or 17 village; (ii) a deceased paid member of the police force of the police 18 department of the New York city transit authority; (iii) a deceased paid 19 member of the police force of the police department of the New York city 20 housing authority; (iv) a deceased paid member of the uniformed 21 correction force of the New York city department of correction; (v) a 22 deceased paid uniformed member of a county sheriff's department (outside 23 the city of New York); (vi) a deceased employee of the city of New York 24 or the New York city health and hospitals corporation in a title whose 25 duties are those of an emergency medical technician or advanced emergen- 26 cy medical technician (as those terms are defined in section three thou- 27 sand one of the public health law), or in a title whose duties require EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15414-03-2S. 9085 2 1 the supervision of employees whose duties are those of an emergency 2 medical technician or advanced emergency medical technician (as those 3 terms are defined in section three thousand one of the public health 4 law); (vii) a deceased paid bridge and tunnel member of the New York 5 city employees' retirement system; or (viii) a deceased paid member of 6 the uniformed force of the New York city department of sanitation, 7 providing the widow or widower is ineligible to receive benefits pursu- 8 ant to section three hundred sixty-one-a of the retirement and social 9 security law as amended by chapter seven hundred thirty-three of the 10 laws of nineteen hundred ninety and the deceased member: 11 The special accidental death benefit shall be paid by the city, town 12 or village which employed the deceased member at the time of death, and 13 shall consist of a pension which is equal to the salary of the deceased 14 member, reduced by the sum of each of the following benefits received by 15 the widow or widower or the deceased member's children under the age of 16 eighteen, if the widow or widower has died, or to the deceased member's 17 parents if the member has no widow, widower, children under the age of 18 eighteen, or a student under the age of twenty-three, on account of the 19 death of the deceased member: 20 c. Commencing July first, two thousand twenty-one the special acci- 21 dental death benefit paid to a widow or widower or the deceased member's 22 children under the age of eighteen or, if a student, under the age of 23 twenty-three, if the widow or widower has died, or to the deceased 24 member's parents if the member has no widow, widower, children under the 25 age of eighteen, or a student under the age of twenty-three, shall be 26 escalated by adding thereto an additional percentage of the salary of 27 the deceased member (as increased pursuant to subdivision b of this 28 section) in accordance with the following schedule: 29 calendar year of death 30 of the deceased member per centum 31 1977 or prior 267.1% 32 1978 256.5% 33 1979 246.1% 34 1980 236% 35 1981 226.2% 36 1982 216.7% 37 1983 207.5% 38 1984 198.5% 39 1985 189.8% 40 1986 181.4% 41 1987 173.2% 42 1988 165.2% 43 1989 157.5% 44 1990 150.0% 45 1991 142.7% 46 1992 135.7% 47 1993 128.8% 48 1994 122.1% 49 1995 115.7% 50 1996 109.4% 51 1997 103.3% 52 1998 97.4% 53 1999 91.6% 54 2000 86.0% 55 2001 80.6% 56 2002 75.4%S. 9085 3 1 2003 70.2% 2 2004 65.3% 3 2005 60.5% 4 2006 55.8% 5 2007 51.3% 6 2008 46.9% 7 2009 42.6% 8 2010 38.4% 9 2011 34.4% 10 2012 30.5% 11 2013 26.7% 12 2014 23.0% 13 2015 19.4% 14 2016 15.9% 15 2017 12.6% 16 2018 9.3% 17 2019 6.1% 18 2020 3.0% 19 2021 0.0% 20 f. The special accidental death benefit shall be paid to: 21 1. The member's widow or widower to continue during his or her life- 22 time. If he or she shall leave no widow or widower, or if his or her 23 widow or widower shall die before all his or her children shall have 24 attained age eighteen or, if students shall have attained the age of 25 twenty-three, or sooner die, then to 26 2. His or her child or children under age eighteen, or, if students, 27 under age twenty-three, divided in such manner as the comptroller, in 28 his discretion, shall determine[.], or sooner die, then to 29 3. His or her parents if the member has no widow, widower, children 30 under the age of eighteen, or a student under the age of twenty-three, 31 for their lifetimes. Such pension shall continue in the same amount as 32 received by the member's widow or widower as a joint and survivor 33 pension until every such child shall have attained age eighteen or soon- 34 er die. 35 j. In the case of a deceased member who died prior to the effective 36 date of this subdivision, the payment of the benefit to the deceased 37 member's parents shall commence on the effective date of this subdivi- 38 sion, provided, however that the benefit amount shall be deemed to have 39 been subject to annual increases pursuant to subdivision b of this 40 section and escalation pursuant to subdivision c of this section, from 41 the date of such member's death. 42 § 2. This act shall take effect immediately.
