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S09596 Summary:

BILL NOS09596A
 
SAME ASSAME AS A10824-A
 
SPONSORMATTERA
 
COSPNSR
 
MLTSPNSR
 
 
Permits accidental death benefits and/or special accidental death benefits to be awarded to the beneficiary of Patricia Espinosa.
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S09596 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9596--A
 
                    IN SENATE
 
                                     March 26, 2026
                                       ___________
 
        Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee
 
        AN  ACT  to  permit  accidental death benefits and/or special accidental
          death benefits to be awarded to the beneficiary of Patricia Espinosa

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Notwithstanding  the provisions of any law, rule or regu-
     2  lation to the contrary, Patricia Espinosa, who was a member of  the  New
     3  York  state  and  local  police and fire retirement system employed as a
     4  police officer by the county of Nassau, and who died on January 31, 2026
     5  as the result of an accident which occurred while she was travelling  to
     6  work,  shall  be deemed to have died as the natural and proximate result
     7  of an accident sustained in the performance of duty. The statutory bene-
     8  ficiary or beneficiaries of  Patricia  Espinosa  shall  be  eligible  to
     9  receive  the  accidental  death  benefit and/or special accidental death
    10  benefit if an application therefor is  filed  within  one  year  of  the
    11  effective  date  of this act. Any amounts paid by the New York state and
    12  local police and fire retirement system as the result of  the  death  of
    13  Patricia  Espinosa  prior to the receipt of the accidental death benefit
    14  and/or special accidental death benefit pursuant to this  section  shall
    15  be  deducted from the benefit payable on an actuarially equivalent basis
    16  over the expected future lifetime of the statutory beneficiary or  bene-
    17  ficiaries.
    18    §  2.  All costs associated with this act shall be borne by the county
    19  of Nassau and may be amortized over a period of ten years.
    20    § 3. This act shall take effect immediately and  shall  be  deemed  to
    21  have been in full force and effect on and after January 31, 2026.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill  would  make the statutory beneficiaries of deceased police
        officer Patricia Espinosa eligible to receive an accidental death  bene-
        fit  pursuant  to  sections  361  and 361-a of the retirement and social
        security law (RSSL). The current death benefit will be recalculated, and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14921-06-6

        S. 9596--A                          2
 
        payment will be made to the statutory beneficiaries retroactive to Janu-
        ary 31, 2026, the date of Patricia Espinosa's death.
          There will be an immediate past service cost of $3.18 million borne by
        the  county  of  Nassau  as  a  one-time payment. This cost assumes that
        payment will be made on February 1, 2027. If the county of Nassau elects
        to amortize this cost over 10 years, the cost  for  each  year  will  be
        $407,000.
          This  bill  will  not  increase the county of Nassau's annual contrib-
        utions.
          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 April 1, 2026, and intended for use  only  during
        the  2026  Legislative Session, is Fiscal Note Number 2026-178. 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
        Professional  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.
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