Senate Bill S10360

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10360
 
                             I N  S E N A T E
 
                               May 15, 2026
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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,  the  retirement  and  social
   security  law,  the executive law, the volunteer firefighters' benefit
   law, the  volunteer  ambulance  workers'  benefit  law,  the  workers'
   compensation  law and the administrative code of the city of New York,
   in relation to recognizing suicide as a line of  duty  death  for  the
   purposes of certain death benefits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 208-b of the general municipal law  is  amended  by
 adding a new subdivision 6 to read as follows:
   6.  A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AND
 SOLELY FOR THE PURPOSES OF THIS SECTION, A MEMBER OTHERWISE  COVERED  BY
 THIS  SECTION  SHALL BE DEEMED TO HAVE DIED AS THE NATURAL AND PROXIMATE
 RESULT OF INJURIES SUSTAINED AT A DEFINITE TIME AND PLACE  AND  INCURRED
 IN  THE PERFORMANCE OF DUTY AS A MEMBER OF SUCH DEPARTMENT OR FORCE, AND
 NOT AS A RESULT OF WILLFUL NEGLIGENCE ON THEIR PART, PROVIDED THAT  SUCH
 MEMBER DIED BY SUICIDE WHERE:
   1.  THE  SUICIDE  IS SECONDARY TO A DIAGNOSIS OF POST-TRAUMATIC STRESS
 DISORDER, AS DESCRIBED IN THE MOST RECENT EDITION OF THE DIAGNOSTIC  AND
 STATISTICAL MANUAL OF MENTAL DISORDERS PUBLISHED BY THE AMERICAN PSYCHI-
 ATRIC ASSOCIATION, AS A RESULT OF A TRAUMATIC EVENT WHICH OCCURRED WHILE
 IN THE LINE OF DUTY; OR
   2. THE SUICIDE OCCURS WITHIN FORTY-FIVE DAYS OF THE END OF EXPOSURE TO
 A TRAUMATIC EVENT WHILE IN THE LINE OF DUTY.
   B. FOR PURPOSES OF THIS SUBDIVISION, SUICIDES SHALL BE PRESUMED PROXI-
 MATE  TO  POST-TRAUMATIC STRESS DISORDER OR A QUALIFYING TRAUMATIC EVENT
 UNLESS COMPETENT MEDICAL EVIDENCE PROVES OTHERWISE.
   § 2. Section 208-f of the general municipal law is amended by adding a
 new subdivision l to read as follows:
   L. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  AND
 SOLELY  FOR  THE PURPOSES OF THIS SECTION, A MEMBER OTHERWISE COVERED BY
 THIS SECTION SHALL BE DEEMED TO HAVE DIED AS THE NATURAL  AND  PROXIMATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14006-02-6
 S. 10360                            2
 
 RESULT  OF  AN  ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY UPON WHICH
 THEIR MEMBERSHIP IS BASED, AND NOT AS A RESULT OF WILLFUL NEGLIGENCE  ON
 THEIR PART, PROVIDED THAT SUCH MEMBER DIED BY SUICIDE WHERE:
   (I)  THE  SUICIDE IS SECONDARY TO A DIAGNOSIS OF POST-TRAUMATIC STRESS
 DISORDER, AS DESCRIBED IN THE MOST RECENT EDITION OF THE DIAGNOSTIC  AND
 STATISTICAL MANUAL OF MENTAL DISORDERS PUBLISHED BY THE AMERICAN PSYCHI-
 ATRIC ASSOCIATION, AS A RESULT OF A TRAUMATIC EVENT WHICH OCCURRED WHILE
 IN THE LINE OF DUTY; OR
   (II)  THE SUICIDE OCCURS WITHIN FORTY-FIVE DAYS OF THE END OF EXPOSURE
 TO A TRAUMATIC EVENT WHILE IN THE LINE OF DUTY.
   2. FOR PURPOSES OF THIS SUBDIVISION, SUICIDES SHALL BE PRESUMED PROXI-
 MATE TO POST-TRAUMATIC STRESS DISORDER OR A QUALIFYING  TRAUMATIC  EVENT
 UNLESS COMPETENT MEDICAL EVIDENCE PROVES OTHERWISE.
   §  3.  Section 61 of the retirement and social security law is amended
 by adding a new subdivision e to read as follows:
   E. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  AND
 SOLELY  FOR  THE  PURPOSES  OF DETERMINING ELIGIBILITY FOR AN ACCIDENTAL
 DEATH BENEFIT AND/OR SPECIAL ACCIDENTAL DEATH BENEFIT, A MEMBER WHO IS A
 PUBLIC SAFETY OFFICER SHALL BE CONSIDERED TO HAVE DIED  AS  THE  NATURAL
 AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY
 AS  A  PUBLIC  SAFETY OFFICER PROVIDED SUCH MEMBER WAS ON THE PAYROLL IN
 THE SERVICE UPON WHICH MEMBERSHIP IS BASED AT THE TIME SUCH MEMBER  DIED
 BY SUICIDE WHERE:
   (I)  THE  SUICIDE IS SECONDARY TO A DIAGNOSIS OF POST-TRAUMATIC STRESS
 DISORDER, AS DESCRIBED IN THE MOST RECENT EDITION OF THE DIAGNOSTIC  AND
 STATISTICAL MANUAL OF MENTAL DISORDERS PUBLISHED BY THE AMERICAN PSYCHI-
 ATRIC ASSOCIATION, AS A RESULT OF A TRAUMATIC EVENT WHICH OCCURRED WHILE
 IN THE LINE OF DUTY; OR
   (II) THE SUICIDE OCCURS WITHIN FORTY-FIVE DAYS OF THE END OF EXPOSURE,
 WHILE ON DUTY, TO A TRAUMATIC EVENT.
   2. FOR PURPOSES OF THIS SUBDIVISION, SUICIDES SHALL BE PRESUMED PROXI-
 MATE  TO  POST-TRAUMATIC STRESS DISORDER OR A QUALIFYING TRAUMATIC EVENT
 UNLESS COMPETENT MEDICAL EVIDENCE PROVES OTHERWISE.
   3. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "PUBLIC SAFETY OFFI-
 CER" SHALL MEAN: (I) ANY PEACE OFFICER AS DEFINED IN SECTION 2.10 OF THE
 CRIMINAL PROCEDURE LAW; (II) ANY CORRECTION OFFICER EMPLOYED BY A  STATE
 OR  LOCAL  CORRECTIONAL  FACILITY  WHOSE  DUTIES INCLUDE MAINTAINING THE
 SAFETY, SECURITY, DISCIPLINE, AND CUSTODY OF  INCARCERATED  INDIVIDUALS;
 (III)  ANY INDIVIDUAL EMPLOYED ON A FULL-TIME BASIS BY THE STATE OR BY A
 FIRE DEPARTMENT OF A MUNICIPAL  CORPORATION,  DISTRICT  CORPORATION,  OR
 OTHER  POLITICAL  SUBDIVISION,  WHO IS ENGAGED IN: (A) FIREFIGHTING; (B)
 EMERGENCY MOTOR VEHICLE OPERATION; (C) FIRE CAUSE  AND  ORIGIN  INVESTI-
 GATION;  (D) THE PROVISION OF EMERGENCY MEDICAL SERVICES; OR (E) HAZARD-
 OUS MATERIALS RESPONSE; (IV) A LEGALLY ENROLLED MEMBER  OF  A  VOLUNTEER
 FIRE COMPANY OR FIRE DEPARTMENT, OR A MEMBER OF AN INDEPENDENT NONPROFIT
 FIREFIGHTING  CORPORATION,  ENGAGED  IN THE HAZARDS OF FIREFIGHTING; (V)
 ANY PERSON ACTING IN GOOD FAITH AT THE REQUEST OR DIRECTION OF A  PUBLIC
 SAFETY  OFFICER  TO ASSIST IN AN EMERGENCY RESPONSE; (VI) ANY RESERVE OR
 AUXILIARY POLICE OFFICER OR DEPUTY SHERIFF WHILE ACTING UNDER THE SUPER-
 VISION AND AUTHORITY OF A POLITICAL SUBDIVISION;  (VII)  ANY  DRIVER  OR
 ATTENDANT  OF  A  LICENSED  EMERGENCY  MEDICAL  OR ADVANCED LIFE SUPPORT
 SERVICE ENGAGED IN PROVIDING EMERGENCY CARE; AND  (VIII)  ANY  CERTIFIED
 FIRST  RESPONDER WHO IS A MEMBER OF AN ORGANIZED SERVICE RECOGNIZED BY A
 LOCAL POLITICAL SUBDIVISION TO PROVIDE INITIAL EMERGENCY MEDICAL ASSIST-
 ANCE PRIOR TO THE ARRIVAL OF AN AMBULANCE.
 S. 10360                            3
 
   § 4. Section 361 of the retirement and social security law is  amended
 by adding a new subdivision e to read as follows:
   E.  1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AND
 SOLELY FOR THE PURPOSES OF DETERMINING ELIGIBILITY UNDER THIS SECTION, A
 MEMBER SHALL BE CONSIDERED TO HAVE DIED AS  THE  NATURAL  AND  PROXIMATE
 RESULT  OF  AN  ACCIDENT  SUSTAINED  IN  THE  PERFORMANCE OF DUTY IN THE
 SERVICE UPON WHICH THEIR MEMBERSHIP WAS BASED PROVIDED SUCH  MEMBER  WAS
 ON THE PAYROLL IN THE SERVICE UPON WHICH MEMBERSHIP IS BASED AT THE TIME
 SUCH MEMBER DIED BY SUICIDE WHERE:
   (I)  THE  SUICIDE IS SECONDARY TO A DIAGNOSIS OF POST-TRAUMATIC STRESS
 DISORDER, AS DESCRIBED IN THE MOST RECENT EDITION OF THE DIAGNOSTIC  AND
 STATISTICAL MANUAL OF MENTAL DISORDERS PUBLISHED BY THE AMERICAN PSYCHI-
 ATRIC ASSOCIATION, AS A RESULT OF A TRAUMATIC EVENT WHICH OCCURRED WHILE
 IN THE LINE OF DUTY; OR
   (II)  THE SUICIDE OCCURS WITHIN FORTY-FIVE DAYS OF THE END OF EXPOSURE
 TO A TRAUMATIC EVENT WHILE IN THE LINE OF DUTY.
   2. FOR PURPOSES OF THIS SUBDIVISION, SUICIDES SHALL BE PRESUMED PROXI-
 MATE TO POST-TRAUMATIC STRESS DISORDER OR A QUALIFYING  TRAUMATIC  EVENT
 UNLESS COMPETENT MEDICAL EVIDENCE PROVES OTHERWISE.
   §  5. Section 509 of the retirement and social security law is amended
 by adding a new subdivision d to read as follows:
   D. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  AND
 SOLELY  FOR  THE  PURPOSES  OF DETERMINING ELIGIBILITY FOR AN ACCIDENTAL
 DEATH BENEFIT AND/OR SPECIAL ACCIDENTAL DEATH BENEFIT, A MEMBER WHO IS A
 PUBLIC SAFETY OFFICER SHALL BE CONSIDERED TO HAVE DIED  AS  THE  NATURAL
 AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY
 AS  A  PUBLIC  SAFETY OFFICER PROVIDED SUCH MEMBER WAS ON THE PAYROLL IN
 THE SERVICE UPON WHICH MEMBERSHIP IS BASED AT THE TIME SUCH MEMBER  DIED
 BY SUICIDE WHERE:
   (I)  THE  SUICIDE IS SECONDARY TO A DIAGNOSIS OF POST-TRAUMATIC STRESS
 DISORDER, AS DESCRIBED IN THE MOST RECENT EDITION OF THE DIAGNOSTIC  AND
 STATISTICAL MANUAL OF MENTAL DISORDERS PUBLISHED BY THE AMERICAN PSYCHI-
 ATRIC ASSOCIATION, AS A RESULT OF A TRAUMATIC EVENT WHICH OCCURRED WHILE
 IN THE LINE OF DUTY; OR
   (II) THE SUICIDE OCCURS WITHIN FORTY-FIVE DAYS OF THE END OF EXPOSURE,
 WHILE ON DUTY, TO A TRAUMATIC EVENT.
   2. FOR PURPOSES OF THIS SUBDIVISION, SUICIDES SHALL BE PRESUMED PROXI-
 MATE  TO  POST-TRAUMATIC STRESS DISORDER OR A QUALIFYING TRAUMATIC EVENT
 UNLESS COMPETENT MEDICAL EVIDENCE PROVES OTHERWISE.
   3. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "PUBLIC SAFETY OFFI-
 CER" SHALL MEAN: (I) ANY PEACE OFFICER AS DEFINED IN SECTION 2.10 OF THE
 CRIMINAL PROCEDURE LAW; (II) ANY CORRECTION OFFICER EMPLOYED BY A  STATE
 OR  LOCAL  CORRECTIONAL  FACILITY  WHOSE  DUTIES INCLUDE MAINTAINING THE
 SAFETY, SECURITY, DISCIPLINE, AND CUSTODY OF  INCARCERATED  INDIVIDUALS;
 (III)  ANY INDIVIDUAL EMPLOYED ON A FULL-TIME BASIS BY THE STATE OR BY A
 FIRE DEPARTMENT OF A MUNICIPAL  CORPORATION,  DISTRICT  CORPORATION,  OR
 OTHER  POLITICAL  SUBDIVISION,  WHO IS ENGAGED IN: (A) FIREFIGHTING; (B)
 EMERGENCY MOTOR VEHICLE OPERATION; (C) FIRE CAUSE  AND  ORIGIN  INVESTI-
 GATION;  (D) THE PROVISION OF EMERGENCY MEDICAL SERVICES; OR (E) HAZARD-
 OUS MATERIALS RESPONSE; (IV) A LEGALLY ENROLLED MEMBER  OF  A  VOLUNTEER
 FIRE COMPANY OR FIRE DEPARTMENT, OR A MEMBER OF AN INDEPENDENT NONPROFIT
 FIREFIGHTING  CORPORATION,  ENGAGED  IN THE HAZARDS OF FIREFIGHTING; (V)
 ANY PERSON ACTING IN GOOD FAITH AT THE REQUEST OR DIRECTION OF A  PUBLIC
 SAFETY  OFFICER  TO ASSIST IN AN EMERGENCY RESPONSE; (VI) ANY RESERVE OR
 AUXILIARY POLICE OFFICER OR DEPUTY SHERIFF WHILE ACTING UNDER THE SUPER-
 VISION AND AUTHORITY OF A POLITICAL SUBDIVISION;  (VII)  ANY  DRIVER  OR
 S. 10360                            4
 
 ATTENDANT  OF  A  LICENSED  EMERGENCY  MEDICAL  OR ADVANCED LIFE SUPPORT
 SERVICE ENGAGED IN PROVIDING EMERGENCY CARE; AND  (VIII)  ANY  CERTIFIED
 FIRST  RESPONDER WHO IS A MEMBER OF AN ORGANIZED SERVICE RECOGNIZED BY A
 LOCAL POLITICAL SUBDIVISION TO PROVIDE INITIAL EMERGENCY MEDICAL ASSIST-
 ANCE PRIOR TO THE ARRIVAL OF AN AMBULANCE.
   §  6.  Section  227-a  of the executive law is amended by adding a new
 subdivision 4 to read as follows:
   4. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AND
 SOLELY FOR THE PURPOSES OF DETERMINING ELIGIBILITY FOR A  DEATH  BENEFIT
 UNDER  THIS  SECTION,  A MEMBER OF THE DIVISION OF STATE POLICE SHALL BE
 CONSIDERED TO HAVE DIED FROM INJURIES RECEIVED  IN  THE  PERFORMANCE  OF
 DUTY  WHERE  SUCH MEMBER OF THE DIVISION OF STATE POLICE DIED BY SUICIDE
 AND:
   (I) THE SUICIDE IS SECONDARY TO A DIAGNOSIS OF  POST-TRAUMATIC  STRESS
 DISORDER,  AS DESCRIBED IN THE MOST RECENT EDITION OF THE DIAGNOSTIC AND
 STATISTICAL MANUAL OF MENTAL DISORDERS PUBLISHED BY THE AMERICAN PSYCHI-
 ATRIC ASSOCIATION, AS A RESULT OF A TRAUMATIC EVENT WHICH OCCURRED WHILE
 IN THE LINE OF DUTY; OR
   (II) THE SUICIDE OCCURS WITHIN FORTY-FIVE DAYS OF THE END OF EXPOSURE,
 WHILE ON DUTY, TO A TRAUMATIC EVENT.
   (B) FOR PURPOSES OF THIS SUBDIVISION, SUICIDES SHALL BE PRESUMED PROX-
 IMATE TO POST-TRAUMATIC STRESS DISORDER OR A QUALIFYING TRAUMATIC  EVENT
 UNLESS COMPETENT MEDICAL EVIDENCE PROVES OTHERWISE.
   §  7.  Section 7 of the volunteer firefighters' benefit law is amended
 by adding a new subdivision 23 to read as follows:
   23. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,
 AND SOLELY FOR THE PURPOSES OF DETERMINING ELIGIBILITY FOR A DEATH BENE-
 FIT  UNDER  THIS SECTION, A VOLUNTEER FIREFIGHTER SHALL BE CONSIDERED TO
 HAVE DIED FROM INJURIES RECEIVED IN THE LINE OF DUTY AS A DIRECT  RESULT
 OF FIREFIGHTING WHERE SUCH VOLUNTEER FIREFIGHTER DIED BY SUICIDE AND:
   (I)  THE  SUICIDE IS SECONDARY TO A DIAGNOSIS OF POST-TRAUMATIC STRESS
 DISORDER, AS DESCRIBED IN THE MOST RECENT EDITION OF THE DIAGNOSTIC  AND
 STATISTICAL MANUAL OF MENTAL DISORDERS PUBLISHED BY THE AMERICAN PSYCHI-
 ATRIC ASSOCIATION, AS A RESULT OF A TRAUMATIC EVENT WHICH OCCURRED WHILE
 IN THE LINE OF DUTY; OR
   (II) THE SUICIDE OCCURS WITHIN FORTY-FIVE DAYS OF THE END OF EXPOSURE,
 WHILE ON DUTY, TO A TRAUMATIC EVENT.
   (B) FOR PURPOSES OF THIS SUBDIVISION, SUICIDES SHALL BE PRESUMED PROX-
 IMATE  TO POST-TRAUMATIC STRESS DISORDER OR A QUALIFYING TRAUMATIC EVENT
 UNLESS COMPETENT MEDICAL EVIDENCE PROVES OTHERWISE.
   § 8. Section 7 of the volunteer  ambulance  workers'  benefit  law  is
 amended by adding a new subdivision 23 to read as follows:
   23.  (A)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY,
 AND SOLELY FOR THE PURPOSES OF DETERMINING ELIGIBILITY FOR A DEATH BENE-
 FIT UNDER THIS SECTION, A VOLUNTEER AMBULANCE WORKER SHALL BE CONSIDERED
 TO HAVE DIED FROM INJURIES RECEIVED IN  THE  LINE  OF  DUTY  WHERE  SUCH
 VOLUNTEER AMBULANCE WORKER DIED BY SUICIDE AND:
   (I)  THE  SUICIDE IS SECONDARY TO A DIAGNOSIS OF POST-TRAUMATIC STRESS
 DISORDER, AS DESCRIBED IN THE MOST RECENT EDITION OF THE DIAGNOSTIC  AND
 STATISTICAL MANUAL OF MENTAL DISORDERS PUBLISHED BY THE AMERICAN PSYCHI-
 ATRIC ASSOCIATION, AS A RESULT OF A TRAUMATIC EVENT WHICH OCCURRED WHILE
 IN THE LINE OF DUTY; OR
   (II) THE SUICIDE OCCURS WITHIN FORTY-FIVE DAYS OF THE END OF EXPOSURE,
 WHILE ON DUTY, TO A TRAUMATIC EVENT.
 S. 10360                            5
 
   (B) FOR PURPOSES OF THIS SUBDIVISION, SUICIDES SHALL BE PRESUMED PROX-
 IMATE  TO POST-TRAUMATIC STRESS DISORDER OR A QUALIFYING TRAUMATIC EVENT
 UNLESS COMPETENT MEDICAL EVIDENCE PROVES OTHERWISE.
   §  9. Section 16 of the workers' compensation law is amended by adding
 a new subdivision 8 to read as follows:
   8. (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AND
 SOLELY FOR THE PURPOSES OF DETERMINING  ELIGIBILITY  FOR  AN  ACCIDENTAL
 DEATH BENEFIT AND/OR SPECIAL ACCIDENTAL DEATH BENEFIT, A MEMBER WHO IS A
 PUBLIC  SAFETY  OFFICER  SHALL BE CONSIDERED TO HAVE DIED AS THE NATURAL
 AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN THE LINE OF DUTY  AS  A
 PUBLIC SAFETY OFFICER WHERE SUCH MEMBER DIED BY SUICIDE AND:
   (A)  THE  SUICIDE IS SECONDARY TO A DIAGNOSIS OF POST-TRAUMATIC STRESS
 DISORDER, AS DESCRIBED IN THE MOST RECENT EDITION OF THE DIAGNOSTIC  AND
 STATISTICAL MANUAL OF MENTAL DISORDERS PUBLISHED BY THE AMERICAN PSYCHI-
 ATRIC ASSOCIATION, AS A RESULT OF A TRAUMATIC EVENT WHICH OCCURRED WHILE
 IN THE LINE OF DUTY; OR
   (B)  THE SUICIDE OCCURS WITHIN FORTY-FIVE DAYS OF THE END OF EXPOSURE,
 WHILE ON DUTY, TO A TRAUMATIC EVENT.
   (2) FOR PURPOSES OF THIS SUBDIVISION, SUICIDES SHALL BE PRESUMED PROX-
 IMATE TO POST-TRAUMATIC STRESS DISORDER OR A QUALIFYING TRAUMATIC  EVENT
 UNLESS COMPETENT MEDICAL EVIDENCE PROVES OTHERWISE.
   (3)  FOR  THE  PURPOSES  OF  THIS SUBDIVISION, THE TERM "PUBLIC SAFETY
 OFFICER" SHALL MEAN: (A) ANY PEACE OFFICER AS DEFINED IN SECTION 2.10 OF
 THE CRIMINAL PROCEDURE LAW; (B) ANY CORRECTION  OFFICER  EMPLOYED  BY  A
 STATE  OR  LOCAL  CORRECTIONAL FACILITY WHOSE DUTIES INCLUDE MAINTAINING
 THE SAFETY, SECURITY, DISCIPLINE, AND CUSTODY OF  INCARCERATED  INDIVID-
 UALS;  (C)  ANY INDIVIDUAL EMPLOYED ON A FULL-TIME BASIS BY THE STATE OR
 BY A FIRE DEPARTMENT OF A MUNICIPAL CORPORATION,  DISTRICT  CORPORATION,
 OR  OTHER  POLITICAL  SUBDIVISION,  WHO IS ENGAGED IN: (I) FIREFIGHTING;
 (II) EMERGENCY MOTOR VEHICLE OPERATION;  (III)  FIRE  CAUSE  AND  ORIGIN
 INVESTIGATION;  (IV) THE PROVISION OF EMERGENCY MEDICAL SERVICES; OR (V)
 HAZARDOUS MATERIALS RESPONSE; (D) A LEGALLY ENROLLED MEMBER OF A  VOLUN-
 TEER  FIRE  COMPANY  OR  FIRE  DEPARTMENT, OR A MEMBER OF AN INDEPENDENT
 NONPROFIT FIREFIGHTING CORPORATION, ENGAGED IN THE HAZARDS OF FIREFIGHT-
 ING; (E) ANY PERSON ACTING IN GOOD FAITH AT THE REQUEST OR DIRECTION  OF
 A  PUBLIC  SAFETY  OFFICER  TO  ASSIST IN AN EMERGENCY RESPONSE; (F) ANY
 RESERVE OR AUXILIARY POLICE OFFICER OR DEPUTY SHERIFF WHILE ACTING UNDER
 THE SUPERVISION AND AUTHORITY OF A POLITICAL SUBDIVISION; (G) ANY DRIVER
 OR ATTENDANT OF A LICENSED EMERGENCY MEDICAL OR  ADVANCED  LIFE  SUPPORT
 SERVICE ENGAGED IN PROVIDING EMERGENCY CARE; AND (H) ANY CERTIFIED FIRST
 RESPONDER  WHO IS A MEMBER OF AN ORGANIZED SERVICE RECOGNIZED BY A LOCAL
 POLITICAL SUBDIVISION TO PROVIDE INITIAL  EMERGENCY  MEDICAL  ASSISTANCE
 PRIOR TO THE ARRIVAL OF AN AMBULANCE.
   §  10.  Section  13-149  of the administrative code of the city of New
 York is amended by adding a new subdivision d to read as follows:
   D. (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AND
 SOLELY FOR THE PURPOSES OF DETERMINING  ELIGIBILITY  FOR  AN  ACCIDENTAL
 DEATH BENEFIT AND/OR SPECIAL ACCIDENTAL DEATH BENEFIT, A MEMBER WHO IS A
 PUBLIC  SAFETY  OFFICER  SHALL BE CONSIDERED TO HAVE DIED AS THE NATURAL
 AND PROXIMATE RESULT OF AN ACCIDENT SUSTAINED IN THE LINE OF DUTY  AS  A
 PUBLIC SAFETY OFFICER WHERE SUCH MEMBER DIED BY SUICIDE AND:
   (A)  THE  SUICIDE IS SECONDARY TO A DIAGNOSIS OF POST-TRAUMATIC STRESS
 DISORDER, AS DESCRIBED IN THE MOST RECENT EDITION OF THE DIAGNOSTIC  AND
 STATISTICAL MANUAL OF MENTAL DISORDERS PUBLISHED BY THE AMERICAN PSYCHI-
 ATRIC ASSOCIATION, AS A RESULT OF A TRAUMATIC EVENT WHICH OCCURRED WHILE
 IN THE LINE OF DUTY; OR
 S. 10360                            6
 
   (B)  THE SUICIDE OCCURS WITHIN FORTY-FIVE DAYS OF THE END OF EXPOSURE,
 WHILE ON DUTY, TO A TRAUMATIC EVENT.
   (2) FOR PURPOSES OF THIS SUBDIVISION, SUICIDES SHALL BE PRESUMED PROX-
 IMATE  TO POST-TRAUMATIC STRESS DISORDER OR A QUALIFYING TRAUMATIC EVENT
 UNLESS COMPETENT MEDICAL EVIDENCE PROVES OTHERWISE.
   (3) FOR THE PURPOSES OF THIS  SUBDIVISION,  THE  TERM  "PUBLIC  SAFETY
 OFFICER" SHALL MEAN: (A) ANY PEACE OFFICER AS DEFINED IN SECTION 2.10 OF
 THE  CRIMINAL  PROCEDURE  LAW;  (B) ANY CORRECTION OFFICER EMPLOYED BY A
 STATE OR LOCAL CORRECTIONAL FACILITY WHOSE  DUTIES  INCLUDE  MAINTAINING
 THE  SAFETY,  SECURITY, DISCIPLINE, AND CUSTODY OF INCARCERATED INDIVID-
 UALS; (C) ANY INDIVIDUAL EMPLOYED ON A FULL-TIME BASIS BY THE  STATE  OR
 BY  A  FIRE DEPARTMENT OF A MUNICIPAL CORPORATION, DISTRICT CORPORATION,
 OR OTHER POLITICAL SUBDIVISION, WHO IS  ENGAGED  IN:  (I)  FIREFIGHTING;
 (II)  EMERGENCY  MOTOR  VEHICLE  OPERATION;  (III) FIRE CAUSE AND ORIGIN
 INVESTIGATION; (IV) THE PROVISION OF EMERGENCY MEDICAL SERVICES; OR  (V)
 HAZARDOUS  MATERIALS RESPONSE; (D) A LEGALLY ENROLLED MEMBER OF A VOLUN-
 TEER FIRE COMPANY OR FIRE DEPARTMENT, OR  A  MEMBER  OF  AN  INDEPENDENT
 NONPROFIT FIREFIGHTING CORPORATION, ENGAGED IN THE HAZARDS OF FIREFIGHT-
 ING;  (E) ANY PERSON ACTING IN GOOD FAITH AT THE REQUEST OR DIRECTION OF
 A PUBLIC SAFETY OFFICER TO ASSIST IN  AN  EMERGENCY  RESPONSE;  (F)  ANY
 RESERVE OR AUXILIARY POLICE OFFICER OR DEPUTY SHERIFF WHILE ACTING UNDER
 THE SUPERVISION AND AUTHORITY OF A POLITICAL SUBDIVISION; (G) ANY DRIVER
 OR  ATTENDANT  OF  A LICENSED EMERGENCY MEDICAL OR ADVANCED LIFE SUPPORT
 SERVICE ENGAGED IN PROVIDING EMERGENCY CARE; AND (H) ANY CERTIFIED FIRST
 RESPONDER WHO IS A MEMBER OF AN ORGANIZED SERVICE RECOGNIZED BY A  LOCAL
 POLITICAL  SUBDIVISION  TO  PROVIDE INITIAL EMERGENCY MEDICAL ASSISTANCE
 PRIOR TO THE ARRIVAL OF AN AMBULANCE.
   § 11. Section 13-244 of the administrative code of  the  city  of  New
 York is amended by adding a new subdivision 5 to read as follows:
   5. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AND
 SOLELY  FOR  THE PURPOSES OF THIS SECTION, A MEMBER OTHERWISE COVERED BY
 THIS SECTION SHALL BE DEEMED TO HAVE DIED AS THE NATURAL  AND  PROXIMATE
 RESULT OF AN ACCIDENT SUSTAINED WHILE A MEMBER AND WHILE IN THE PERFORM-
 ANCE  OF  DUTY  AT  SOME DEFINITE TIME AND PLACE, AND NOT AS A RESULT OF
 WILLFUL NEGLIGENCE ON THEIR PART, PROVIDED  THAT  SUCH  MEMBER  DIED  BY
 SUICIDE WHERE:
   (I)  THE  SUICIDE IS SECONDARY TO A DIAGNOSIS OF POST-TRAUMATIC STRESS
 DISORDER, AS DESCRIBED IN THE MOST RECENT EDITION OF THE DIAGNOSTIC  AND
 STATISTICAL MANUAL OF MENTAL DISORDERS PUBLISHED BY THE AMERICAN PSYCHI-
 ATRIC ASSOCIATION, AS A RESULT OF A TRAUMATIC EVENT WHICH OCCURRED WHILE
 IN THE LINE OF DUTY; OR
   (II)  THE SUICIDE OCCURS WITHIN FORTY-FIVE DAYS OF THE END OF EXPOSURE
 TO A TRAUMATIC EVENT WHILE IN THE LINE OF DUTY.
   (B) FOR PURPOSES OF THIS SUBDIVISION, SUICIDES SHALL BE PRESUMED PROX-
 IMATE TO POST-TRAUMATIC STRESS DISORDER OR A QUALIFYING TRAUMATIC  EVENT
 UNLESS COMPETENT MEDICAL EVIDENCE PROVES OTHERWISE.
   §  12.  Section  13-347  of the administrative code of the city of New
 York is amended by adding a new subdivision g to read as follows:
   G. (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AND
 SOLELY FOR THE PURPOSES OF THIS SECTION, A MEMBER OTHERWISE  COVERED  BY
 THIS  SECTION  SHALL BE DEEMED TO HAVE DIED AS THE NATURAL AND PROXIMATE
 RESULT OF AN ACCIDENT SUSTAINED WHILE A MEMBER AND WHILE IN THE PERFORM-
 ANCE OF DUTY AT SOME DEFINITE TIME AND PLACE, AND NOT  AS  A  RESULT  OF
 WILLFUL  NEGLIGENCE  ON  THEIR  PART,  PROVIDED THAT SUCH MEMBER DIED BY
 SUICIDE WHERE:
 S. 10360                            7
 
   (A) THE SUICIDE IS SECONDARY TO A DIAGNOSIS OF  POST-TRAUMATIC  STRESS
 DISORDER,  AS DESCRIBED IN THE MOST RECENT EDITION OF THE DIAGNOSTIC AND
 STATISTICAL MANUAL OF MENTAL DISORDERS PUBLISHED BY THE AMERICAN PSYCHI-
 ATRIC ASSOCIATION, AS A RESULT OF A TRAUMATIC EVENT WHICH OCCURRED WHILE
 IN THE LINE OF DUTY; OR
   (B)  THE  SUICIDE OCCURS WITHIN FORTY-FIVE DAYS OF THE END OF EXPOSURE
 TO A TRAUMATIC EVENT WHILE IN THE LINE OF DUTY.
   (2) FOR PURPOSES OF THIS SUBDIVISION, SUICIDES SHALL BE PRESUMED PROX-
 IMATE TO POST-TRAUMATIC STRESS DISORDER OR A QUALIFYING TRAUMATIC  EVENT
 UNLESS COMPETENT MEDICAL EVIDENCE PROVES OTHERWISE.
   §  13.  Section  13-544  of the administrative code of the city of New
 York is amended by adding a new subdivision e to read as follows:
   E. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  AND
 SOLELY  FOR  THE  PURPOSES  OF THIS SECTION, A MEMBER SHALL BE DEEMED TO
 HAVE DIED AS THE NATURAL AND PROXIMATE RESULT OF AN  ACCIDENT  SUSTAINED
 IN THE PERFORMANCE OF DUTY UPON WHICH THEIR MEMBERSHIP IS BASED, AND NOT
 AS  A  RESULT  OF  WILLFUL  NEGLIGENCE ON THEIR PART, PROVIDED THAT SUCH
 MEMBER DIED BY SUICIDE WHERE:
   A. THE SUICIDE IS SECONDARY TO A DIAGNOSIS  OF  POST-TRAUMATIC  STRESS
 DISORDER,  AS DESCRIBED IN THE MOST RECENT EDITION OF THE DIAGNOSTIC AND
 STATISTICAL MANUAL OF MENTAL DISORDERS PUBLISHED BY THE AMERICAN PSYCHI-
 ATRIC ASSOCIATION, AS A RESULT OF A TRAUMATIC EVENT WHICH OCCURRED WHILE
 IN THE LINE OF DUTY; OR
   B. THE SUICIDE OCCURS WITHIN FORTY-FIVE DAYS OF THE END OF EXPOSURE TO
 A TRAUMATIC EVENT WHILE IN THE LINE OF DUTY.
   2. FOR PURPOSES OF THIS SUBDIVISION, SUICIDES SHALL BE PRESUMED PROXI-
 MATE TO POST-TRAUMATIC STRESS DISORDER OR A QUALIFYING  TRAUMATIC  EVENT
 UNLESS COMPETENT MEDICAL EVIDENCE PROVES OTHERWISE.
   § 14. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill would create a presumption providing accidental death bene-
 fits to active Tier 1-3 members of the New York State and Local  Retire-
 ment  System  (NYSLRS) who die by suicide. To qualify for the accidental
 death benefits, the member must experience a traumatic event and  there-
 upon  be  diagnosed  with  post-traumatic  stress disorder (PTSD) or die
 within 45 days of the traumatic event. The traumatic  event  must  occur
 on-the-job while employed in a position providing public safety services
 -  such  as  peace  officers,  correction officers, deputy sheriffs, and
 first responders - or while acting at the direction of such public safe-
 ty personnel.
   Insofar as this bill affects NYSLRS, the number  of  accidental  death
 benefits  granted  would increase. The additional cost for each death in
 the Employees' Retirement System is expected to average 4.5 times  final
 average salary; the additional cost of each death in the Police and Fire
 Retirement System is expected to average 13 times final average salary.
   Further,  we  anticipate significant administrative costs to implement
 the provisions of this legislation.
   The number of current and future members who could be affected by this
 legislation cannot be readily determined.
   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
 S. 10360                            8
 
 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 30, 2026, and intended for use only  during
 the  2026  Legislative Session, is Fiscal Note Number 2026-128. 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.