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S10636 Summary:

BILL NOS10636
 
SAME ASSAME AS A11555
 
SPONSORGOUNARDES
 
COSPNSR
 
MLTSPNSR
 
Amd §208-f, Gen Muni L; amd §361-a, R & SS L
 
Increases certain special accidental death benefits paid to a widow or widower or the children of a deceased member of the state and local retirement system.
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S10636 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10636
 
                    IN SENATE
 
                                      June 1, 2026
                                       ___________
 
        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN  ACT to amend the general municipal law and the retirement and social
          security law, in relation to increasing the special  accidental  death
          benefit 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. Subdivision c of section 208-f  of  the  general  municipal
     2  law,  as  amended by chapter 151 of the laws of 2025, is amended to read
     3  as follows:
     4    c. Commencing July first, two thousand  [twenty-five]  twenty-six  the
     5  special  accidental  death  benefit  paid  to  a widow or widower or the
     6  deceased member's children under the age of eighteen or, if  a  student,
     7  under  the  age of twenty-three, if the widow or widower has died, or to
     8  the deceased member's parents if the member has no widow, widower, chil-
     9  dren under the age of eighteen, or a student under the  age  of  twenty-
    10  three,  shall be escalated by adding thereto an additional percentage of
    11  the salary of the deceased member (as increased pursuant to  subdivision
    12  b of this section) in accordance with the following schedule:

    13       calendar year of death
    14       of the deceased member              per centum
    15            1977 or prior                  [313.2%] 325.6%
    16            1978                           [301.2%] 313.2%
    17            1979                           [289.5%] 301.2%
    18            1980                           [278.2%] 289.5%
    19            1981                           [267.1%] 278.2%
    20            1982                           [256.5%] 267.1%
    21            1983                           [246.1%] 256.5%
    22            1984                           [236.0%] 246.1%
    23            1985                           [226.2%] 236.0%
    24            1986                           [216.7%] 226.2%
    25            1987                           [207.5%] 216.7%
    26            1988                           [198.5%] 207.5%
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16024-04-6

        S. 10636                            2
 
     1            1989                           [189.8%] 198.5%
     2            1990                           [181.4%] 189.8%
     3            1991                           [173.2%] 181.4%
     4            1992                           [165.2%] 173.2%
     5            1993                           [157.5%] 165.2%
     6            1994                           [150.0%] 157.5%
     7            1995                           [142.7%] 150.0%
     8            1996                           [135.7%] 142.7%
     9            1997                           [128.8%] 135.7%
    10            1998                           [122.1%] 128.8%
    11            1999                           [115.7%] 122.1%
    12            2000                           [109.4%] 115.7%
    13            2001                           [103.3%] 109.4%
    14            2002                            [97.4%] 103.3%
    15            2003                            [91.6%] 97.4%
    16            2004                            [86.0%] 91.6%
    17            2005                            [80.6%] 86.0%
    18            2006                            [75.4%] 80.6%
    19            2007                            [70.2%] 75.4%
    20            2008                            [65.3%] 70.2%
    21            2009                            [60.5%] 65.3%
    22            2010                            [55.8%] 60.5%
    23            2011                            [51.3%] 55.8%
    24            2012                            [46.9%] 51.3%
    25            2013                            [42.6%] 46.9%
    26            2014                            [38.4%] 42.6%
    27            2015                            [34.4%] 38.4%
    28            2016                            [30.5%] 34.4%
    29            2017                            [26.7%] 30.5%
    30            2018                            [23.0%] 26.7%
    31            2019                            [19.4%] 23.0%
    32            2020                            [15.9%] 19.4%
    33            2021                            [12.6%] 15.9%
    34            2022                             [9.3%] 12.6%
    35            2023                             [6.1%] 9.3%
    36            2024                             [3.0%] 6.1%
    37            2025                             [0.0%] 3.0%
    38            2026                                  0.0%
    39    § 2. Subdivision c of section 361-a of the retirement and social secu-
    40  rity  law,  as amended by chapter 151 of the laws of 2025, is amended to
    41  read as follows:
    42    c. Commencing July first, two thousand  [twenty-five]  twenty-six  the
    43  special  accidental  death  benefit  paid  to  a widow or widower or the
    44  deceased member's children under the age of eighteen or, if  a  student,
    45  under  the  age of twenty-three, if the widow or widower has died, shall
    46  be escalated by adding thereto an additional percentage of the salary of
    47  the deceased member, as increased pursuant  to  subdivision  b  of  this
    48  section, in accordance with the following schedule:
 
    49       calendar year of death
    50       of the deceased member              per centum
    51            1977 or prior                    [313.2%] 325.6%
    52            1978                             [301.2%] 313.2%
    53            1979                             [289.5%] 301.2%
    54            1980                             [278.2%] 289.5%
    55            1981                             [267.1%] 278.2%

        S. 10636                            3
 
     1            1982                             [256.5%] 267.1%
     2            1983                             [246.1%] 256.5%
     3            1984                             [236.0%] 246.1%
     4            1985                             [226.2%] 236.0%
     5            1986                             [216.7%] 226.2%
     6            1987                             [207.5%] 216.7%
     7            1988                             [198.5%] 207.5%
     8            1989                             [189.8%] 198.5%
     9            1990                             [181.4%] 189.8%
    10            1991                             [173.2%] 181.4%
    11            1992                             [165.2%] 173.2%
    12            1993                             [157.5%] 165.2%
    13            1994                             [150.0%] 157.5%
    14            1995                             [142.7%] 150.0%
    15            1996                             [135.7%] 142.7%
    16            1997                             [128.8%] 135.7%
    17            1998                             [122.1%] 128.8%
    18            1999                             [115.7%] 122.1%
    19            2000                             [109.4%] 115.7%
    20            2001                             [103.3%] 109.4%
    21            2002                              [97.4%] 103.3%
    22            2003                              [91.6%] 97.4%
    23            2004                              [86.0%] 91.6%
    24            2005                              [80.6%] 86.0%
    25            2006                              [75.4%] 80.6%
    26            2007                              [70.2%] 75.4%
    27            2008                              [65.3%] 70.2%
    28            2009                              [60.5%] 65.3%
    29            2010                              [55.8%] 60.5%
    30            2011                              [51.3%] 55.8%
    31            2012                              [46.9%] 51.3%
    32            2013                              [42.6%] 46.9%
    33            2014                              [38.4%] 42.6%
    34            2015                              [34.4%] 38.4%
    35            2016                              [30.5%] 34.4%
    36            2017                              [26.7%] 30.5%
    37            2018                              [23.0%] 26.7%
    38            2019                              [19.4%] 23.0%
    39            2020                              [15.9%] 19.4%
    40            2021                              [12.6%] 15.9%
    41            2022                               [9.3%] 12.6%
    42            2023                               [6.1%] 9.3%
    43            2024                               [3.0%] 6.1%
    44            2025                               [0.0%] 3.0%
    45            2026                                    0.0%
    46    § 3. This act shall take effect July 1, 2026.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would amend both the General Municipal Law and the Retire-
        ment and Social Security Law to increase the salary used in the computa-
        tion of the special accidental death benefit by three percent  in  cases
        where the date of death was before calendar year 2026.
          Insofar  as  this bill affects the New York State and Local Police and
        Fire Retirement System (NYSLPFRS), the present value of  benefits  would
        increase by approximately $9.86 million.

             NYSLPFRS                    Increase in present  Increase in required

        S. 10636                            4
 
                                         value of benefits    contributions
             Beneficiaries               $ 9.9 mn             $ 0.0 mn
             Actives Tiers 1-5 (Closed)  $ 0.0 mn             $ 3.4 mn
             Actives Tier 6 (Open)       $ 0.0 mn             $ 6.5 mn
             Total                       $ 9.9 mn             $ 9.9 mn
 
          Benefit  improvements  will  be funded by increasing the billing rates
        charged annually. The annual contribution required of all  participating
        employers  in  NYSLPFRS  would  increase  0.02%  of  billable salary, or
        approximately $180,000 to the state of New  York  and  $760,000  to  the
        local participating employers.
          This  permanent  annual  cost  will vary in future billing cycles with
        changes in the billing rate and salary of the affected members.
          Summary of relevant resources:
          Membership data as of March 31, 2025 was used to measure the impact of
        the bill, the same data used in the Actuarial Valuations dated April  1,
        2025. Distributions and other statistics can be found in the 2025 Report
        of  the  Actuary and the 2025 Annual Comprehensive Financial Report. The
        actuarial assumptions and methods used are described in the 2025  Annual
        Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules
        and  Regulations  of  the State of New York: Audit and Control. The fair
        value of assets and GASB disclosures can be found in the 2025  Financial
        Statements and Supplementary Information.
          Assumptions,  demographics,  and  other  considerations  may have been
        modified to better reflect specific provisions of any  proposed  benefit
        change(s).
          This  fiscal note does not constitute a legal opinion on the viability
        of the bill, nor is it intended to serve as a substitute for the profes-
        sional judgment of an attorney.
          This estimate, dated May 29, 2026, and intended for  use  only  during
        the  2026  Legislative Session, is Fiscal Note Number 2026-232. As Chief
        Actuary of the New York State and Local Retirement System  (NYSLRS),  I,
        Aaron  Schottin  Young,  hereby certify that this analysis complies with
        applicable Actuarial Standards of Practice as well as the Code  of  Pro-
        fessional  Conduct  and  Qualification  Standards  for Actuaries Issuing
        Statements of Actuarial Opinion of the American Academy of Actuaries, of
        which I am a member. I am a member of  NYSLRS  but  do  not  believe  it
        impairs my objectivity.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY:  This proposed legislation as it relates to the New York City
        Retirement Systems and Pension Funds  (NYCRS),  would  increase  Special
        Accidental  Death  Benefits  (SADB) for Eligible Beneficiaries of former
        members of NYCRS who died due to an accident sustained in  the  perform-
        ance of duty.
                       EXPECTED IMPACT ON EMPLOYER CONTRIBUTIONS*
                  by Fiscal Year for the first 25 years ($ in Millions)
 
                   Year      NYCERS    POLICE    FIRE      TOTAL
                   2027      0.4       4.0       4.4       8.8
                   2028      0.4       4.0       4.4       8.8
                   2029      0.4       4.0       4.4       8.8
                   2030      0.4       4.0       4.4       8.8
                   2031      0.4       4.0       4.4       8.8
                   2032      0.4       4.0       4.4       8.8
                   2033      0.4       4.0       4.4       8.8
                   2034      0.4       4.0       4.4       8.8

        S. 10636                            5
 
                   2035      0.4       4.0       4.4       8.8
                   2036      0.4       4.0       4.4       8.8
                   2037      0.4       4.0       4.4       8.8
                   2038      0.4       4.0       4.4       8.8
                   2039      0.4       4.0       4.4       8.8
                   2040      0.4       4.0       4.4       8.8
                   2041      0.0       0.1       0.0       0.1
                   2042      0.0       0.1       0.0       0.1
                   2043      0.0       0.1       0.0       0.1
                   2044      0.0       0.1       0.0       0.1
                   2045      0.0       0.0       0.0       0.0
                   2046      0.0       0.0       0.0       0.0
                   2047      0.0       0.0       0.0       0.0
                   2048      0.0       0.0       0.0       0.0
                   2049      0.0       0.0       0.0       0.0
                   2050      0.0       0.0       0.0       0.0
                   2051      0.0       0.0       0.0       0.0
 
          *  The  costs of this proposed legislation have already been accounted
        for and will not result in a further increase in employer contributions.
        The table above shows the expected decrease in employer contributions if
        the proposed legislation is not enacted.
          The initial impact on employer contributions of $8.80 million is esti-
        mated to be $8.75 million for New York City and $0.05  million  for  the
        other obligors of NYCRS.
          PRESENT  VALUE  OF  BENEFITS:  The  Present  Value  of Benefits is the
        discounted expected value of benefits paid to  current  members  if  all
        assumptions are met, including future service accrual and pay increases.
        Future new hires are not included in this present value.
                       EXPECTED IMPACT ON ACTUARIAL PRESENT VALUES
                           as of June 30, 2025 ($ in Millions)
 
              Present Value (PV)                 NYCERS    POLICE    FIRE
              (1) PV of Employer Contributions:  3.8       34.0      37.0
              (2) PV of Employee Contributions:  0.0       0.0       0.0
              Total PV of Benefits (1) + (2):    3.8       34.0      37.0
 
          UNFUNDED  ACCRUED  LIABILITY  (UAL): Actuarial Accrued Liabilities are
        the portion of the Present Value of Benefits allocated to past  service.
        The  decrease  in  expected pension payments due to this proposed legis-
        lation not passing would be treated as an actuarial gain.
                       AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
 
                                                NYCERS    POLICE    FIRE
             Increase (Decrease) in UAL:         3.5 M     32.7 M    36.6 M
             Number of Payments:                 14        14        14
             Amortization Payment:               0.4 M     3.9 M     4.3 M
 
          CENSUS DATA: The estimates presented herein are based  on  preliminary
        census  data  collected  as  of  June  30, 2025. The census data for the
        impacted population is summarized below.
 
                                                 NYCERS    POLICE    FIRE
              Active Members
              - Number Count:                   18,418     33,803    10,691
              - Average Age:                    41.9       37.5      40.7

        S. 10636                            6
 
              - Average Service:                11.3       11.1      13.7
              - Average Salary:                 108,600    134,900   143,400
              Receiving Members
              - Number Count:                    86        635       715
              - Average Age:                     66.8      64.1      67.6
          IMPACT  ON  MEMBER  BENEFITS: The SADB cost-of-living adjustments have
        been passed by the legislature each  year.  Under  the  proposed  legis-
        lation,  an additional 3.0% of Final Salary would be applied to the SADB
        paid effective July 1, 2026.
          The SADB is paid to the deceased member's surviving spouse, if  alive.
        If  the  spouse  is  no  longer  alive, the SADB is paid to the deceased
        member’s children until age eighteen or  until  age  twenty-three  if  a
        student.  If  neither  a spouse nor a dependent child is alive, the SADB
        may be paid to the member's parents or  certain  other  individuals,  if
        eligible.
          The  proposed  legislation  would  impact  the SADB payable to certain
        survivors of NYCERS, POLICE, and  FIRE  who  were  employed  in  certain
        uniformed positions of the following New York City employers:
          Police  Department, Fire Department, Department of Sanitation, Housing
        Authority, Transit  Authority,  Department  of  Correction,  Health  and
        Hospitals  Corporation  or  New  York City (as Emergency Medical Techni-
        cian), Triborough Bridge and Tunnel Authority (Bridge and  Tunnel  Posi-
        tion), or Sheriff's Department (as Deputy Sheriff).
          ASSUMPTIONS  AND  METHODS:  The  estimates  presented herein have been
        calculated based on the Revised 2021 Actuarial Assumptions  and  Methods
        of the impacted retirement systems.
          Based  on  the  historical  practice  of providing 3.0% Cost-of-Living
        Adjustments (COLAs) on the SADB each year, and the likelihood that COLAs
        will continue to be granted in the future, the Actuary currently assumes
        that the SADB benefit will continue to increase 3.0%  per  year  in  the
        future when determining NYCRS employer contributions.
          RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
        highly on the actuarial assumptions, methods,  and  models  used,  demo-
        graphics  of  the  impacted population and other factors such as invest-
        ment, contribution, and other risks. If actual experience deviates  from
        actuarial   assumptions,  the  actual  costs  could  differ  from  those
        presented herein. Quantifying these risks is beyond the  scope  of  this
        Fiscal Note.
          This  Fiscal  Note  is intended to measure pension-related impacts and
        does not include other potential costs (e.g., administrative  and  Other
        Postemployment  Benefits). This Fiscal Note does not reflect any chapter
        laws that may have been enacted during the current legislative session.
          STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
        sky are members of the Society of Actuaries and the American Academy  of
        Actuaries.  We  are  members of NYCERS but do not believe it impairs our
        objectivity and we meet the  Qualification  Standards  of  the  American
        Academy  of  Actuaries to render the actuarial opinion contained herein.
        To the best of our knowledge, the results  contained  herein  have  been
        prepared  in accordance with generally accepted actuarial principles and
        procedures and with the Actuarial Standards of Practice  issued  by  the
        Actuarial Standards Board.
          FISCAL  NOTE  IDENTIFICATION:  This  Fiscal Note 2026-95 dated June 1,
        2026 was prepared by the Chief Actuary for the New York City  Retirement
        Systems  and  Pension Funds and is intended for use only during the 2026
        Legislative Session.
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