S T A T E O F N E W Y O R K
________________________________________________________________________
6375
2009-2010 Regular Sessions
I N A S S E M B L Y
March 3, 2009
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT to provide a line of duty death benefit for certain police and
peace officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature finds and declares that
retired public servants who return to public service under the auspices
of article 7 of the retirement and social security law in police officer
or peace officer titles provide valuable safety and security services to
the people of this state, bringing professional knowledge and expertise
to the jobs, often filling hard-to-fill positions in New York state
agencies. The legislature further finds and declares that although these
individuals are statutorily recognized as police officers or peace offi-
cers, and bear the same risks of physical injury and death as other
police officers or peace officers, they are not eligible for comparable
death benefits to those received by police officers and peace officers
similarly employed who die in the line of duty. The legislature declares
that it is appropriate and fair public policy to provide those who
return to service pursuant to article 7 of the retirement and social
security law as police officers and peace officers a death benefit
comparable to that payable to the beneficiaries of other deceased police
officers or peace officers.
S 2. Special equitable death benefit for certain police officers and
peace officers. Any other provision of any other general, special or
local law to the contrary notwithstanding, the beneficiary of an indi-
vidual who has returned to public service pursuant to article 7 of the
retirement and social security law in a police officer or peace officer
title in the employ of the state or an agency thereof, shall be eligible
for the special equitable death benefit described in this section.
1. Definitions. For purposes of this act:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10018-01-9
A. 6375 2
a. A "returnee employee" means an individual who has returned to
public service pursuant to article 7 of the retirement and social secu-
rity law in a police officer or peace officer title in the employ of the
state or an agency thereof.
b. "System" means the New York state and local employees' retirement
system or the New York state and local police and fire retirement
system, as appropriate to an employee.
c. "Special equitable death benefit" means a death benefit equal to
the salary of the returnee employee upon completion of one year of
employment from the time the returnee employee re-entered employment
with the employer agency, two years' salary upon completion of two years
of employment, and three years' salary upon completion of three years of
service.
d. "Employer agency" means any "state agency," "covered authority," or
the "judiciary," as such terms are defined in section 2-a of the state
finance law, which employs a returnee employee.
e. "Beneficiary" means the beneficiary designated by the returnee
employee upon registration as provided in this section, or if there is
no beneficiary, the member's estate.
2. Conditions. Payment of the special equitable death benefit shall
additionally be subject to the following conditions:
a. Such returnee employee was still at the time of death in the employ
of the state, or an agency thereof, as a police officer or peace offi-
cer pursuant to article 7 of the retirement and social security law.
b. No special equitable death benefit shall be paid pursuant to this
act if the death of the returnee employee was caused by intentional or
reckless misconduct on the part of the decedent.
c. The amount of the special equitable death benefit shall be reduced
by any post-retirement death benefit.
3. Registration. The returnee employee shall register with the office
of the state comptroller in a form and manner determined by the comp-
troller. Such registration shall include designation of a beneficiary
for the special equitable death benefit provided by this act, and shall
take place at the time of hiring on and after the effective date of this
act for any new returnee employee, and shall take place within 90 days
of the effective date of this act for any returnee employee already
employed by the state or an agency thereof. A returnee employee who
fails to register shall not be deemed a returnee employee pursuant to
this act, and shall not be eligible for the special equitable death
benefit created in this act.
4. Reimbursement. The special equitable death benefit shall be paid by
the system appropriate to the title and membership of the returnee
employee, and the system shall be reimbursed for payment of such benefit
and for the costs of administering and implementing the benefit, as
provided in this section, from monies made available therefor from the
general fund of the state of New York upon audit and warrant of the
comptroller, after certification by the employer agency, and after
review by the division of the budget. The director of the budget shall
allocate such sums as shall be necessary for such reimbursement. The
state comptroller may enter into agreement with other agencies to
perform such duties as may be necessary to implement the provisions of
this section. The special equitable death benefit program is exclusively
a state program which provides benefits that are separate and distinct
from the retirement benefits provided under the retirement and social
security law. Accordingly, the program created by this act will have a
separate cost basis than the other benefits administered by the New York
A. 6375 3
state and local employees' retirement system and the New York state and
local police and fire retirement system. Costs for administering and
implement the special equitable death benefit program shall be paid from
the state purposes account of the general fund rather than from retire-
ment system funds of the New York state and local employees' retirement
system and the New York state and local police and fire retirement
system.
5. Coordination and non-impairment. The special equitable death bene-
fit provided for in this act shall not reduce, limit, or otherwise
impair a death benefit or special death benefit otherwise payable to an
eligible police officer or peace officer.
6. Duties of the comptroller. The comptroller shall promulgate rules
and regulations regarding forms, payment, claiming and payment of bene-
fits, and such other matters as are in keeping with the spirit and
intent of this act, and shall establish such fund or funds within the
general or special revenue funds of the state and the New York state
and local employees' retirement system or the New York state and local
police and fire retirement system as shall be necessary to implement the
provisions of this act in an appropriate manner.
S 3. This act shall take effect immediately.