Senate Bill S7585

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7585
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 28, 2023
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 AN ACT to amend the retirement and social security law, in  relation  to
   payment of accidental death benefits for members who die while travel-
   ling to work

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The act shall  be  known  and  may  be  cited  as  "Anthony
 Varvaro's law".
   §  2.  Section 61 of the retirement and social security law is amended
 by adding a new subdivision a-1 to read as follows:
   A-1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  A
 MEMBER  SHALL  BE  CONSIDERED  TO HAVE DIED AS THE NATURAL AND PROXIMATE
 RESULT OF AN ACCIDENT SUSTAINED IN  THE  PERFORMANCE  OF  DUTY  IF  SUCH
 MEMBER  IS  TRAVELLING  FROM  THEIR  PRIMARY RESIDENCE DIRECTLY TO THEIR
 PLACE OF BUSINESS, OR TO A DIFFERENT  LOCATION  WHERE  SUCH  MEMBER  WAS
 ASSIGNED TO PERFORM HIS OR HER DUTIES.
   §  3. Section 361 of the retirement and social security law is amended
 by adding a new subdivision a-1 to read as follows:
   A-1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  A
 MEMBER  SHALL  BE  CONSIDERED  TO HAVE DIED AS THE NATURAL AND PROXIMATE
 RESULT OF AN ACCIDENT SUSTAINED IN  THE  PERFORMANCE  OF  DUTY  IF  SUCH
 MEMBER  IS  TRAVELLING  FROM  THEIR  PRIMARY RESIDENCE DIRECTLY TO THEIR
 PLACE OF BUSINESS, OR TO A DIFFERENT  LOCATION  WHERE  SUCH  MEMBER  WAS
 ASSIGNED TO PERFORM HIS OR HER DUTIES.
   §  4. Section 509 of the retirement and social security law is amended
 by adding a new subdivision a-1 to read as follows:
   A-1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  A
 MEMBER  SHALL  BE  CONSIDERED  TO HAVE DIED AS THE NATURAL AND PROXIMATE
 RESULT OF AN ACCIDENT SUSTAINED IN  THE  PERFORMANCE  OF  DUTY  IF  SUCH
 MEMBER  IS  TRAVELLING  FROM  THEIR  PRIMARY RESIDENCE DIRECTLY TO THEIR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11781-01-3
              

 S. 7585                             2
 
 PLACE OF BUSINESS, OR TO A DIFFERENT  LOCATION  WHERE  SUCH  MEMBER  WAS
 ASSIGNED TO PERFORM HIS OR HER DUTIES.
   §  5.  The  opening  paragraph  of subdivision a of section 607 of the
 retirement and social security laws, as amended by chapter  253  of  the
 law of 2019, is amended to read as follows:
   The eligible beneficiary of a member in service, or of a vested member
 who  dies  as  a  result of a qualifying World Trade Center condition as
 defined in section two of this chapter, shall be entitled  to  an  acci-
 dental  death benefit in the form of a pension equal to fifty percent of
 such member's wages earned during his or her last year of actual service
 or his or her annual wage rate if he or she was credited with less  than
 one  year  of service since last becoming a member, if, upon application
 filed within five years after the death of the member, the head  of  the
 retirement  system determines that such member died before the effective
 date of retirement, as the natural and proximate result of  an  accident
 not  caused  by  his  or  her  own  willful  negligence sustained in the
 performance of his or her duties in active service and while actually  a
 member of the retirement system.  NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW  TO  THE  CONTRARY, A MEMBER SHALL BE CONSIDERED TO HAVE DIED AS THE
 NATURAL AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE
 OF DUTY IF SUCH  MEMBER  IS  TRAVELLING  FROM  THEIR  PRIMARY  RESIDENCE
 DIRECTLY  TO  THEIR  PLACE OF BUSINESS, OR TO A DIFFERENT LOCATION WHERE
 SUCH MEMBER WAS ASSIGNED TO PERFORM HIS OR HER DUTIES.
   § 6. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after September 11, 2022.