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S09085 Summary:

S09085 Actions:

S09085 Committee Votes:

S09085 Floor Votes:

S09085 Text:

 
                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.
                                                                   LBD15414-03-2
        S. 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.