S 2642: Allows for child beneficiaries of deceased police officers and firefighters to receive accidental death benefits until age twenty-six.

  
  STATE OF NEW YORK ________________________________________________________________________ 2642 2025-2026 Regular Sessions  IN SENATE 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: 1 Section 1. Subdivisions 2 and 3 of section 208-b of the general munic- 2 ipal law, as added by chapter 882 of the laws of 1958, and paragraph b 3 of subdivision 2 as amended by chapter 877 of the laws of 1981, are 4 amended to read as follows: 5 2. The death benefit shall be paid by the municipality upon the allow- 6 ance of the claim therefor, and shall consist of: 7 a. An amount equal to the salary received by such member either during 8 the year immediately preceding [his] such member's death, or during the 9 year preceding such injuries, whichever is greater and 10 b. One thousand dollars, or ten percent of the deceased member's final 11 salary, whichever is higher, payable for each child of such member under 12 [eighteen] twenty-six on the date of the member's death. 13 3. The death benefit shall be paid to: 14 a. The member's widow or widower, or if [he] such member shall leave 15 no widow or widower, or if [his] such widow or widower shall die before 16 receiving the total of the amounts provided in subdivision two hereof, 17 then to 18 b. [His] Such member's child or children under age [eighteen] twenty- 19 six, in equal amounts. 20 § 2. The opening paragraphs of subdivisions a, b and c and subdivision 21 f of section 208-f of the general municipal law, the opening paragraph 22 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 1 opening paragraph of subdivision b as amended by section 1 of part Y of 2 chapter 55 of the laws of 2023, the opening paragraph of subdivision c 3 as amended by chapter 162 of the laws of 2024 and subdivision f as 4 amended by chapter 782 of the laws of 2022, are amended to read as 5 follows: 6 Notwithstanding any other provision of law, the special accidental 7 death benefit provided by this section shall be paid to the widow or 8 widower or the deceased member's children under the age of [eighteen, 9 or, if a student under the age of twenty-three] twenty-six, if the widow 10 or widower has died, or to the deceased member's parents if the member 11 has no widow, widower[,] or children under the age of [eighteen, or a 12 student under the age of twenty-three] twenty-six, of: (i) a deceased 13 member of a pension or retirement system of a police department or paid 14 fire department of a city, town or village; (ii) a deceased paid member 15 of the police force of the police department of the New York city trans- 16 it authority; (iii) a deceased paid member of the police force of the 17 police department of the New York city housing authority; (iv) a 18 deceased paid member of the uniformed correction force of the New York 19 city department of correction; (v) a deceased paid uniformed member of a 20 county sheriff's department (outside the city of New York); (vi) a 21 deceased employee of the city of New York or the New York city health 22 and hospitals corporation in a title whose duties are those of an emer- 23 gency medical technician or advanced emergency medical technician (as 24 those terms are defined in section three thousand one of the public 25 health law), or in a title whose duties require the supervision of 26 employees whose duties are those of an emergency medical technician or 27 advanced emergency medical technician (as those terms are defined in 28 section three thousand one of the public health law); (vii) a deceased 29 paid bridge and tunnel member of the New York city employees' retirement 30 system; (viii) a deceased paid member of the uniformed force of the New 31 York city department of sanitation; or (ix) a deceased paid deputy sher- 32 iff member of the New York city sheriff's department, providing the 33 widow or widower is ineligible to receive benefits pursuant to section 34 three hundred sixty-one-a of the retirement and social security law as 35 amended by chapter seven hundred thirty-three of the laws of nineteen 36 hundred ninety and the deceased member: 37 The special accidental death benefit shall be paid by the county, 38 city, town or village which employed the deceased member at the time of 39 death, and shall consist of a pension which is equal to the salary of 40 the deceased member, reduced by the sum of each of the following bene- 41 fits received by the widow or widower or the deceased member's children 42 under the age of [eighteen] twenty-six, if the widow or widower has 43 died, or to the deceased member's parents if the member has no widow, 44 widower[,] or children under the age of [eighteen, or a student under 45 the age of twenty-three] twenty-six, on account of the death of the 46 deceased member: 47 Commencing July first, two thousand twenty-four the special accidental 48 death benefit paid to a widow or widower or the deceased member's chil- 49 dren under the age of [eighteen or, if a student, under the age of twen- 50 ty-three] twenty-six, if the widow or widower has died, or to the 51 deceased member's parents if the member has no widow, widower[,] or 52 children under the age of [eighteen, or a student under the age of twen- 53 ty-three] twenty-six, shall be escalated by adding thereto an additional 54 percentage of the salary of the deceased member (as increased pursuant 55 to subdivision b of this section) in accordance with the following sche- 56 dule: 
 S. 2642 3 1 f. The special accidental death benefit shall be paid to: 2 1. The member's widow or widower to continue during [his or her] such 3 person's lifetime. If [he or she] the member shall leave no widow or 4 widower, or if [his or her] such member's widow or widower shall die 5 before all [his or her] the member's children shall have attained age 6 [eighteen or, if students shall have attained the age of twenty-three] 7 twenty-six, or sooner die, then to 8 2. [His or her] The member's child or children under age [eighteen, 9 or, if students, under age twenty-three] twenty-six, divided in such 10 manner as the comptroller, in [his] the comptroller's discretion, shall 11 determine, or sooner die, then to 12 3. [His or her] The member's parents if the member has no widow, 13 widower[,] or children under the age of [eighteen, or a student under 14 the age of twenty-three] twenty-six, for their lifetimes. Such pension 15 shall continue in the same amount as received by the member's widow or 16 widower as a joint and survivor pension until every such child shall 17 have attained age [eighteen] twenty-six or sooner die. 18 § 3. Subdivision d of section 361 of the retirement and social securi- 19 ty law, as amended by chapter 733 of the laws of 1990, is amended to 20 read as follows: 21 d. The pension on account of accidental death and the reserve-for-in- 22 creased-take-home-pay shall be paid to: 23 1. The member's widow or widower to continue during [his or her] such 24 person's lifetime. If [he or she] such member shall leave no widow or 25 widower, or if [his or her] such widow or widower shall die before all 26 [his or her] the member's children shall have attained age [eighteen, or 27 if students, before all of his or her children shall have attained age 28 twenty-three, or sooner die] twenty-six, then to 29 2. [His or her] The member's child or children under age [eighteen, 30 or, if students, his or her children under age twenty-three] twenty-six, 31 divided in such manner as the comptroller, in [his] the comptroller's 32 discretion, shall determine. Such pension shall continue as a joint and 33 survivor pension until every such child shall have attained age [eigh- 34 teen, or, if a student, shall have attained age twenty-three] 35 twenty-six, or sooner die. If no widow or widower or child under age 36 [eighteen, or, if a student, under age twenty-three] twenty-six, shall 37 survive such member, at the time of [his or her] such member's death, 38 then to 39 3. [His or her] The member's dependent father or dependent mother, as 40 [he or she] such member shall have nominated by written designation duly 41 acknowledged and filed with the comptroller. Such pension shall continue 42 for the life of the parent so designated. If there be no such desig- 43 nation, then to 44 4. [His or her] The member's dependent father or dependent mother, as 45 the comptroller, in [his] the comptroller's discretion, shall determine. 46 Such pension shall continue for the life of the parent so elected. 47 [For purposes of this subdivision, student shall mean a person 48 enrolled in an accredited institution of higher education for at least 49 twelve semester hours for a semester of not less than fifteen weeks, 50 inclusive of examination periods; or eight semester hours a quarter; or, 51 in programs not organized on a semester or quarter basis, twenty-four 52 semester hours for an academic year of not more than twelve months or 53 the equivalent, as determined by the commissioner of education. A 54 student shall be considered full-time for a program organized on an 55 academic-year basis only if the student has filed a plan of study with 56 the institution for the entire academic year.] 
 S. 2642 4 1 § 4. The opening paragraphs of subdivisions a, b and c and subdivision 2 e of section 361-a of the retirement and social security law, the open- 3 ing paragraphs of subdivisions a and b and subdivision e as amended by 4 chapter 733 of the laws of 1990 and the opening paragraph of subdivision 5 c as amended by chapter 162 of the laws of 2024, are amended to read as 6 follows: 7 Notwithstanding any other provision of law, a widow or widower or the 8 deceased member's children under the age of [eighteen or, if a student, 9 under the age of twenty-three] twenty-six, if the widow or widower has 10 died who is or are receiving the accidental death benefit provided by 11 section three hundred sixty-one of this [chapter] title, shall also be 12 paid the special accidental death benefit authorized by this section. 13 The special accidental death benefit shall be payable from the pension 14 accumulation fund, and shall consist of a pension which is equal to the 15 salary of the deceased member reduced by the sum of each of the follow- 16 ing benefits received by the widow or widower or the deceased member's 17 children under the age of [eighteen or, if a student, under the age of 18 twenty-three] twenty-six, if the widow or widower has died, on account 19 of the death of the deceased member: 20 Commencing July first, two thousand twenty-four the special accidental 21 death benefit paid to a widow or widower or the deceased member's chil- 22 dren under the age of [eighteen or, if a student, under the age of twen- 23 ty-three] twenty-six, if the widow or widower has died, shall be esca- 24 lated by adding thereto an additional percentage of the salary of the 25 deceased member, as increased pursuant to subdivision b of this section, 26 in accordance with the following schedule: 27 e. The special accidental death benefit shall be paid to: 28 1. The member's widow or widower to continue during [his or her] such 29 person's lifetime. If [he or she] such member shall leave no widow or 30 widower, or if [his or her] such member's widow or widower shall die 31 before all [his or her] the member's children shall have attained age 32 [eighteen or, if a student, shall have attained the age of twenty-three 33 or sooner die] twenty-six, then to 34 2. [His or her] The member's child or children under age [eighteen or, 35 if a student, under the age of twenty-three] twenty-six, divided in such 36 manner as the comptroller, in [his] the comptroller's discretion, shall 37 determine. Such pension shall continue in the same amount as received by 38 the member's widow or widower as a joint and survivor pension until 39 every such child shall have attained age [eighteen or, if a student, 40 attained the age of twenty-three] twenty-six or sooner die. 41 § 5. Subdivisions 2 and 3 of section 13-244 of the administrative code 42 of the city of New York, as amended by chapter 733 of the laws of 1990, 43 are amended to read as follows: 44 2. If there be no surviving spouse, or if the surviving spouse dies 45 before any child of such deceased member shall have attained the age of 46 [eighteen years, or if a student, before such child shall have attained 47 the age of twenty-three] twenty-six years, then to [his or her] such 48 member's child or children under such age, divided in such manner as 49 such board in its discretion shall determine, to continue as a joint and 50 survivor pension of one-half of [his or her] such member's final compen- 51 sation until every such child dies or attains such age; or 52 3. If there be no surviving spouse or child under the age of [eighteen 53 years, or if a student, under the age of twenty-three] twenty-six 54 years[,] surviving such deceased member, then to [his or her] the 55 member's dependent father or mother, as the deceased member shall have 56 nominated by written designation duly acknowledged and filed with such 
 S. 2642 5 1 board; or, if there be no such nomination, then to [his or her] the 2 member's dependent father or to [his or her] the member's dependent 3 mother, as such board in its discretion shall direct, to continue for 4 life. 5 § 6. This act shall take effect immediately.