Senate Bill S10492A

2025-2026 Legislative Session

Relates to a service retirement application and option election on behalf of Santiago Francisco Mayol

download bill text pdf

Current Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2026	print number 10492a
Jun 03, 2026	amend and recommit to civil service and pensions
May 15, 2026	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2025-S10492 - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement

2025-S10492 - Summary

Authorizes Aileen Colon, the widow of Santiago Francisco Mayol, to file a new service retirement application and option election form on behalf of her deceased spouse.

2025-S10492 - Sponsor Memo

                                 
BILL NUMBER: S10492

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act relating to authorizing Aileen Colon, the widow of Santiago Fran-
cisco Mayol, to file a new service retirement application and option
election form on behalf of her spouse

 
PURPOSE OR GENERAL IDEA OF BILL:

To close the last remaining loophole in the NYC TRS death benefit system
for the family of Santiago Francisco Mayol

 
SUMMARY OF PROVISIONS:

Section one of this bill allows Aileen Colon, the widow and beneficiary
of Santiago Francisco Mayol, to file a retirement application for the
New York City Teachers Retirement System (NYC TRS) on his behalf that
would be effective on September 21st, 2024.  The pension resulting from
such application would be offset by any previous death benefits already
paid to Aileen, which are now forfeit.

Section two provides that additional costs for this legislation shall be
provided by the state of New York.

Section three sets the effective date.

 
JUSTIFICATION:

This bill would allow the family of Santiago Francisco Mayol, a district
supervisor who devoted his career to bettering New York City public
schools, to file a retirement application on his behalf as if he had
retired on the date of his death.' Despite having taken several steps to
prepare for his golden years, including planning for post-retirement
healthcare benefits, using up remaining vacation time, giving official
notice of his retirement, and conducting an exit interview at the NYC
Department of Education, Santiago was robbed of an opportunity to offi-
cially log on to his NYC Teachers Retirement System (NYC TRS) portal and
file for retirement before he passed away from a sudden and unexpected
heart attack on September 21st, 2024. This means that Santiago's benefi-
ciaries, including his wife Aileen Colon and two daughters Taylor and
Madison, are entitled to only an ordinary death benefit, which is a lump
sum payment worth three times final average salary (FAS) rather than the
value of the full pension that Santiago had contributed to for over
three decades. 2

Santiago's tragic situation, while not unique, is becoming increasingly
rare. This is because the legislature recently took action to allow
public retirement systems to honor pension applications even if a
service retirement had not yet been fully processed by the date of the
member's death, so long as the member had begun the process of filing
before the death. In-service deaths that occur as a result of a job-re-
lated accident or illness, meanwhile, result in an ongoing annuity of at
least 50% of the employee's FAS to a surviving spouse or other depen-
dents, 3 and members who are granted the opportunity to officially file
for retirement before they pass can elect a pension distribution option
that will pay their beneficiaries up to 100% of the retirement allowance
that the retiree themself received after they pass.' It is therefore
only retirees like Santiago, who are victims of sudden, unforeseen trag-
edy, that remain caught in this gap. Had Santiago had five minutes
notice and an Internet connection, his family would have access to
Santiago's full pension today.

Compounding matters, for accidental deaths while in service which can be
too sudden to allow an employee to log in to a retirement portal and
click "file," public employees are offered a variety of supplemental
insurance policies. Despite the fact that Santiago chose the highest
level of life insurance on offer, employees are offered no policy that
covers sudden deaths by natural causes, denying the Santiago family
another means of potential income that Santiago had been contributing to
for the entirety of his career in the form of insurance premiums he had
paid.

Santiago had an internet connection, but he didn't have two minutes'
warning. And his family did not commit unprovable fraud by logging in
after his death to file for retirement, as the current system strongly
incentivizes families to do. As a result, his wife Aileen is only enti-
tled to the ordinary death benefit rather than the full pension Sandy
had earned. And the extra insurance he paid for for 32 years included a
provision denying coverage for natural deaths.

No just law should create a situation in which a civil servant can do
everything right as Santiago did, and by virtue of lacking only a few
minutes time and a bandwidth connection, leave their family bereft of
the financial cushion they had otherwise been building for them over
decades. While policymakers contemplate how to close this last remaining
loophole in our pension death benefits system, having previously reme-
died this situation for in-service job-related deaths, employees who
file for retirement but pass away before their application can be proc-
essed, and post-retirement deaths, this bill seeks to rectify this
particular instance of injustice by allowing Aileen Colon to receive the
full pension benefits she rightfully deserves, providing this grieving
family relief during what should have been the joyful welcoming of a
first grandchild.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

See fiscal note

 
EFFECTIVE DATE:
Immediate
1 "Santiago Francisco Mayol." Tributearchive.com, Leone Funeral Home,
2024, www.tributearchive.com/obituaries/
33161090/santiago-francisco-mayol. Accessed 7 Mar. 2026.
2 https://www.trsnyc.org/memberportal/VVebContent/
publications/yourTRSBenefitsInBriefTierIV
3 "FAQs: Accidental Death Benefits." Trsnye.org, New York City Teachers
Retirement System, 2020, www.trsnyc.orgimemberportal/FAQs/ AccidentalDe-
athBenefit. Accessed 7 Mar. 2026.
4 Retirement Payment Options: Tiers III/IV/VI. New York City Teachers
Retirement System, www.trsnyc.org/memberportal/
WebContent/publications/brochures/Brochure74.

2025-S10492 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10492
 
                             I N  S E N A T E
 
                               May 15, 2026
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT relating to authorizing Aileen Colon, the widow of Santiago Fran-
   cisco  Mayol,  to file a new service retirement application and option
   election form on behalf of her spouse
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Notwithstanding  any  provision  of  law to the contrary,
 Aileen Colon, the widow of Santiago Francisco Mayol, who was a member of
 the New York city teachers' retirement  system  and  who  died  suddenly
 after  giving notice to his employer of his pending retirement but prior
 to filing for retirement, shall be authorized  to  file  a  new  service
 retirement  application  and  option  election  form  on  behalf  of her
 deceased husband with a joint allowance full option, if, within one year
 of the effective date of this act, she shall submit a  request  therefor
 to the retirement board as defined in subdivision 3 of section 13-501 of
 the  New  York city administrative code. In addition, Santiago Francisco
 Mayol's date of retirement shall be deemed to have been September  21st,
 2024.  Once  such application is received, any rights or benefits to the
 death benefit payable upon the death of a member in service pursuant  to
 section  606  of the retirement and social security law shall be waived.
 Any amounts paid by the New York city teachers' retirement system as the
 result of the death of Santiago Francisco Mayol prior to the  filing  of
 the  request  for  a service retirement benefit pursuant to this section
 shall be deducted from such benefit payable thereafter.
   § 2. Any additional costs as a result of this act shall be paid by the
 city of New York.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15174-01-6

2025-S10492A (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement

2025-S10492A (ACTIVE) - Summary

Authorizes Aileen Colon, the widow of Santiago Francisco Mayol, to file a new service retirement application and option election form on behalf of her deceased spouse.

2025-S10492A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S10492A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act relating to authorizing Aileen Colon, the widow of Santiago Fran-
cisco Mayol, to file a new service retirement application and option
election form on behalf of her spouse

 
PURPOSE OR GENERAL IDEA OF BILL:

To close the last remaining loophole in the NYC TRS death benefit system
for the family of Santiago Francisco Mayol

 
SUMMARY OF PROVISIONS:

Section one of this bill allows Aileen Colon, the widow and beneficiary
of Santiago Francisco Mayol, to file a retirement application for the
New York City Teachers Retirement System (NYC TRS) on his behalf that
would be effective on September 21st, 2024.  The pension resulting from
such application would be offset by any previous death benefits already
paid to Aileen, which are now forfeit.

Section two provides that additional costs for this legislation shall be
provided by the state of New York.

Section three sets the effective date.

 
JUSTIFICATION:

This bill would allow the family of Santiago Francisco Mayol, a district
supervisor who devoted his career to bettering New York City public
schools, to file a retirement application on his behalf as if he had
retired on the date of his death. 1 Despite having taken several steps
to prepare for his golden years, including planning for post-retirement
healthcare benefits, using up remaining vacation time, giving official
notice of his retirement, and conducting an exit interview at the NYC
Department of Education, Santiago was robbed of an opportunity to offi-
cially log on to his NYC Teachers Retirement System (NYC TRS) portal and
file for retirement before he passed away from a sudden and unexpected
heart attack on September 21st, 2024. This means that Santiago's benefi-
ciaries, including his wife Aileen Colon and two daughters Taylor and
Madison, are entitled to only an ordinary death benefit, which is a lump
sum payment worth three times final average salary (FAS) rather than the
value of the full pension that Santiago had contributed to for over
three decades. 2

Santiago's tragic situation, while not unique, is becoming increasingly
rare. This is because the legislature recently took action to allow
public retirement systems to honor pension applications even if a
service retirement had not yet been fully processed by the date of the
member's death, so long as the member had begun the process of filing
before the death. In-service deaths that occur as a result of a job-re-
lated accident or illness, meanwhile, result in an ongoing annuity of at
least 50% of the employee's FAS to a surviving spouse or other depen-
dents, 3 and members who are granted the opportunity to officially file
for retirement before they pass can elect a pension distribution option
that will pay their beneficiaries up to 100% of the retirement allowance
that the retiree themself received after they pass.4 It is therefore
only retirees like Santiago, who are victims of sudden, unforeseen trag-
edy, that remain caught in this gap. Had Santiago had five minutes
notice and an Internet connection, his family would have access to
Santiago's full pension today.

Compounding matters, for accidental deaths while in service which can be
too sudden to allow an employee to log in to a retirement portal and
click "file," public employees are offered a variety of supplemental
insurance policies. Despite the fact that Santiago chose the highest
level of life insurance on offer, employees are offered no policy that
covers sudden deaths by natural causes, denying the Santiago family
another means of potential income that Santiago had been contributing to
for the entirety of his career in the form of insurance premiums he had
paid.

Santiago had an internet connection, but he didn't have two minutes'
warning. And his family did not commit unprovable fraud by logging in
after his death to file for retirement, as the current system strongly
incentivizes families to do. As a result, his wife Aileen is only enti-
tled to the ordinary death benefit rather than the full pension Sandy
had earned. And the extra insurance he paid for for 32 years included a
provision denying coverage for natural deaths.  No just law should
create a situation in which a civil servant can do everything right as
Santiago did, and by virtue of lacking only a few minutes time and a
bandwidth connection, leave their family bereft of the financial cushion
they had otherwise been building for them over decades. While policymak-
ers contemplate how to close this last remaining loophole in our pension
death benefits system, having previously remedied this situation for
in-service job-related deaths, employees who file for retirement but
pass away before their application can be processed, and post-retirement
deaths, this bill seeks to rectify this particular instance of injustice
by allowing Aileen Colon to receive the full pension benefits she right-
fully deserves, providing this grieving family relief during what should
have been the joyful welcoming of a first grandchild.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

See fiscal note

 
EFFECTIVE DATE:
Immediate
1 "Santiago Francisco Mayol." Tributearchive.com, Leone Funeral Home,
2024, www.tributearchive.com/obituaries/33161090/ santiago-francisco-
mayol. Accessed 7 Mar. 2026.
2 https://www.trsnyc.org/memberportal/WebContent/
publications/yourTRSBenefitsInBriefrierIV
3 "FAQs: Accidental Death Benefits." Trsnyc.org, New York City Teachers
Retirement System, 2020, www.trsnyc.org/memberportal/FAQs/ AccidentalDe-
athBenefit. Accessed 7 Mar. 2026.
4 Retirement Payment Options: Tiers III/IV/VI. New York City Teachers
Retirement System, www.trsnyc.org/memberportal/
WebContent/publications/brochures/Brochure74.

2025-S10492A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10492--A
 
                             I N  S E N A T E
 
                               May 15, 2026
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 relating to authorizing Aileen Colon, the widow of Santiago Fran-
   cisco Mayol, to file a new service retirement application  and  option
   election form on behalf of her spouse
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any  provision  of  law  to  the  contrary,
 Aileen Colon, the widow of Santiago Francisco Mayol, who was a member of
 the  New  York  city  teachers'  retirement system and who died suddenly
 after giving notice to his employer of his pending retirement but  prior
 to  filing  for  retirement,  shall  be authorized to file a new service
 retirement application  and  option  election  form  on  behalf  of  her
 deceased husband with a joint allowance full option, if, within one year
 of  the  effective date of this act, she shall submit a request therefor
 to the retirement board as defined in subdivision 3 of section 13-501 of
 the New York city administrative code. In addition,  Santiago  Francisco
 Mayol's  date of retirement shall be deemed to have been September 21st,
 2024. Once such application is received, any rights or benefits  to  the
 death  benefit payable upon the death of a member in service pursuant to
 section 606 of the retirement and social security law shall  be  waived.
 Any amounts paid by the New York city teachers' retirement system as the
 result  of  the death of Santiago Francisco Mayol prior to the filing of
 the request for a service retirement benefit pursuant  to  this  section
 shall be deducted from such benefit payable thereafter.
   § 2. Any additional costs as a result of this act shall be paid by the
 city of New York.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   SUMMARY:  This  proposed legislation would allow the widow of deceased
 New York City Teachers' Retirement System (TRS) member,  Santiago  Fran-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15174-02-6

 S. 10492--A                         2
 
 cisco  Mayol, to retroactively file a service retirement election with a
 full joint allowance option on his behalf.
 
          EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
           by Fiscal Year for the first 25 years ($ in Millions)
 
                     Year      TRS
 
                     2027        0
                     2028        1.2
                     2029        0
                     2030        0
                     2031        0
                     2032        0
                     2033        0
                     2034        0
                     2035        0
                     2036        0
                     2037        0
                     2038        0
                     2039        0
                     2040        0
                     2041        0
                     2042        0
                     2043        0
                     2044        0
                     2045        0
                     2046        0
                     2047        0
                     2048        0
                     2049        0
                     2050        0
                     2051        0
 
 The  entire  increase in employer contributions will be allocated to New
 York City.
   PRESENT VALUE OF BENEFITS:  The  Present  Value  of  Benefits  is  the
 discounted  expected  value  of  benefits paid to current members if all
 assumptions are met.
 
          INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
                    as of June 30, 2026 ($ in Millions)
 
              Present Value (PV)                 TRS
 
              (1) PV of Employer Contributions:  1.1
              (2) PV of Employee Contributions:  0
              Total PV of Benefits (1) + (2):    1.1
 
   UNFUNDED ACCRUED LIABILITY (UAL): Actuarial  Accrued  Liabilities  are
 the  portion of the Present Value of Benefits allocated to past service.
 For purposes of this Fiscal Note, UAL attributable to  inactive  members
 was recognized immediately.
 
                AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
                                                 TRS
 S. 10492--A                         3
 
              Increase (Decrease) in UAL:        1.1 M
              Number of Payments:                1
              Amortization Payment:              1.2 M
 
   CENSUS DATA: The estimates presented herein are based on data provided
 by TRS, which was not audited but was reviewed for reasonableness. As of
 June  30,  2025,  Aileen  Colon,  Mr. Mayol's surviving spouse, would be
 approximately age 59.
   BACKGROUND: Mr. Mayol, a Tier 4 member of TRS, died on  September  21,
 2024,  entitling his designated beneficiaries to an Ordinary Death Bene-
 fit. The benefit consists of a lump sum payment equal to three times his
 final year's salary, plus a refund  of  member  contributions,  totaling
 approximately $674,282.
   Under the proposed legislation, Ms. Colon would be entitled to receive
 approximately  $111,326  annually  for  her lifetime, retroactive to Mr.
 Mayol's date of death. In addition, a  post-retirement  lump  sum  death
 benefit  of  approximately  $282,688 would be paid to Mr. Mayol's desig-
 nated beneficiaries. These benefits would be in  lieu  of  any  Ordinary
 Death Benefits payable under current provisions, and any amounts already
 paid by TRS would be deducted from these benefits.
   ASSUMPTIONS  AND  METHODS:  The  estimates  presented herein have been
 calculated based on the Revised 2021 Actuarial Assumptions  and  Methods
 of the impacted retirement systems.
   RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
 highly on the actuarial assumptions, methods,  and  models  used,  demo-
 graphics  of  the impacted population, and other factors such as invest-
 ment, contribution, and other risks. If actual experience deviates  from
 actuarial   assumptions,  the  actual  costs  could  differ  from  those
 presented herein. Quantifying these risks is beyond the  scope  of  this
 Fiscal Note.
   This  Fiscal  Note  is intended to measure pension-related impacts and
 does not include other potential costs (e.g., administrative  and  Other
 Postemployment  Benefits). This Fiscal Note does not reflect any chapter
 laws that may have been enacted during the current legislative session.
   STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
 sky are members of the Society of Actuaries and the American Academy  of
 Actuaries.  We  are members of NYCERS, but do not believe it impairs our
 objectivity, and we meet the Qualification  Standards  of  the  American
 Academy  of  Actuaries to render the actuarial opinion contained herein.
 To the best of our knowledge, the results  contained  herein  have  been
 prepared  in accordance with generally accepted actuarial principles and
 procedures and with the Actuarial Standards of Practice  issued  by  the
 Actuarial Standards Board.
   FISCAL  NOTE  IDENTIFICATION:  This  Fiscal Note 2026-97 dated June 3,
 2026 was prepared by the Chief Actuary for the New York City  Retirement
 Systems  and  Pension Funds and is intended for use only during the 2026
 Legislative Session.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S10492A

Sponsored By

Current Bill Status - In Senate Committee Civil Service And Pensions Committee

Actions

Bill Amendments

2025-S10492 - Details

2025-S10492 - Summary

2025-S10492 - Sponsor Memo

2025-S10492 - Bill Text download pdf

2025-S10492A (ACTIVE) - Details

2025-S10492A (ACTIVE) - Summary

2025-S10492A (ACTIVE) - Sponsor Memo

2025-S10492A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2025-S10492A

Senate Bill S10492A

Share this bill

Sponsored By

Andrew Gounardes

Current Bill Status - In Senate Committee Civil Service And Pensions Committee

Actions

Bill Amendments

2025-S10492 - Details

2025-S10492 - Summary

2025-S10492 - Sponsor Memo

2025-S10492 - Bill Text download pdf

2025-S10492A (ACTIVE) - Details

2025-S10492A (ACTIVE) - Summary

2025-S10492A (ACTIVE) - Sponsor Memo

2025-S10492A (ACTIVE) - Bill Text download pdf

Comments