NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7949A
SPONSOR: Pheffer Amato TITLE OF BILL:
An act to amend the retirement and social security law and the adminis-
trative code of the city of New York, in relation to permit surviving
spouses of certain retirement plan members to retain certain benefits
upon remarriage
PURPOSE:
To extend Accidental Death benefits to widows or widowers of New York
City police officers killed in the line of duty should they remarry,
thus providing the same benefits to Tier 3 spouses that Tier 2 spouses
have.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends subdivision 7 of section 501 of the retirement and
social security law that as surviving spouse who has not renounced
survivorship rights in a separation agreement continue to receive bene-
fits if they remarry.
JUSTIFICATION:
This bill seeks to remedy an inequity facing widows or widowers of New
York City police officers killed in the line of duty. Currently, widows
or widowers of officers killed in the line of duty and hired before July
1, 2009, are eligible to continue to receive Accidental Death Benefits
should they remarry. However, widows and widowers of officers hired on
or after July 1, 2009, are not eligible to receive Accidental Death
Benefits should they remarry.
New York City police officers take significant risks in their duty to
protect the public. When an officer is killed in the line of duty, it
reflects the ultimate sacrifice in service to the community. Providing
benefits to the officer's family acknowledges and honors that sacrifice.
One of the reasons to extend the benefits is to provide long-term finan-
cial stability and security for the spouse and any dependents. Remar-
riage does not necessarily eliminate the financial needs or responsibil-
ities that the spouse may have, particularly if they have children or
ongoing financial commitments arising from the marriage with the offi-
cer. Additionally, continuing the benefits after remarriage is a way to
honor and respect the memory and service of the fallen officer. It main-
tains a lasting gesture of gratitude and acknowledgment from the commu-
nity for the service rendered by the officer.
Extending these benefits to Tier 3 spouses puts them on par with Tier 2
spouses.
FISCAL IMPLICATIONS:
Please see fiscal note attached.
LEGISLATIVE HISTORY:
This is new legislation
EFFECTIVE DATE:
This act shall take effect immediately.
