NY State Senate Bill 2025-S3815B

Senate Bill S3815B

2025-2026 Legislative Session

Allows for certain child beneficiaries to receive accidental death benefits for the duration of their lifetime

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Current Bill Status - In Senate Committee Local Government 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2025	print number 3815b
Jun 09, 2025	amend and recommit to local government
May 27, 2025	print number 3815a
May 27, 2025	amend (t) and recommit to local government
Jan 30, 2025	referred to local government

Bill Amendments

Original

B (Active)

2025-S3815 - Details

See Assembly Version of this Bill:: A8810
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §208-f, Gen Muni L
Versions Introduced in 2023-2024 Legislative Session:: S9666

2025-S3815 - Summary

Provides for children who were under the age of 25 when the death of the member occurred to receive an accidental death benefit for their lifetimes.

2025-S3815 - Sponsor Memo

                                 
BILL NUMBER: S3815

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the general municipal law and the administrative code of
the city of New York, in relation to allowing for certain child benefi-
ciaries to receive accidental death benefits for the duration of their
lifetime

 
PURPOSE OR GENERAL IDEA OF BILL:

Allows for certain child beneficiaries to receive accidental death bene-
fits for the duration of their lifetime.

 
SUMMARY OF PROVISIONS:

Section 1 amends the opening paragraphs of subdivisions a, b, c, and f
of section 208-f of the General Municipal Law, as it relates to the
Special Accidental Death Benefit (SADB) that is currently paid to the
surviving spouse, or if there is no surviving spouse, the deceased
member's children under age eighteen, that continues until they are 18

or 23 if they are a student, available to those that:

*Died before the effective date of their retirement, as the natural and
proximate result of an accident sustained in the performance of duty in
the service upon which his membership was based, and

*Did not cause such accident by their own wilful negligence and

*At the time of such accident was actually a member of a pension or
retirement system of any of the following:

a deceased member of a pension or retirement system of a police depart-
ment or paid fire department of a city, town or village;

a deceased paid member of the police force of the police department of
the New York city transit authority;

a deceased paid member of the police force of the police department of
the New York city housing authority;

a deceased paid member of the uniformed correction force of the New York
city department of correction;

a deceased paid uniformed member of a county sheriff's department
(outside the city of New York);

a deceased employee of the city of New York or the New York city health
and hospitals corporation in a title whose duties are those of an emer-
gency medical technician or advanced emergency medical technician (as
those terms are defined in section three thousand one of the public
health law), or in a title whose duties require the supervision of
employees whose duties are those of an emergency medical technician or
advanced emergency medical technician (as those terms are defined in
section three thousand one of the public health law);

a deceased paid bridge and tunnel member of the New York city employees'
retirement system;
a deceased paid member of the uniformed force of the New York city
department of sanitation; or

a deceased paid deputy sheriff member of the New York city sheriff's
department

This provision reflects that if there is no surviving spouse, the SADB
would be paid to the deceased member's children for the duration of
their lifetime, instead of being limited to ages 18 or 23.

Section 2 amends paragraphs 2 and 3 of subdivision a and paragraph 2 of
subdivision b of section 13-149 of the Administrative Code of the City
of New York, paragraph 3 of subdivision a as amended by chapter 408 of
the laws of 2000, and paragraph 2 of subdivision b as amended by chapter
290 of the laws of 2001, as it relates the the New York City Employees'
Retirement System, specifically death benefits, accidental death bene-
fits (ADBs), to reflect that upon application by or on behalf of the
dependents of a deceased member, the board would grant a lump sum
payment of the reserve-for-increased-take-home-pay and a pension of
one-half of the final compensation of such employees to the deceased
member's child or children to continue as a joint and survivor pension
until every child dies.

Section 3 amends subdivisions 2 and 3 of section 13-244 of the Adminis-
trative Code of the City of New York as amended by chapter 733 of the
laws of 1990ä as it relates to death benefits; ADBs, that upon evidence
submitted to the board providing the death of the deceased member was
the natural and proximate result of an accident sustained while a member
and in the performance of duty at some definite time and place, and that
the death was not the result of wilful negligence on their part then the
accumulated deductions, lump sum payment of the reserve-for-increased-
take-home-pay and in addition, a pension of one-half of the final
compensation of such employee, that is no less than one-half of the full
salary payable to a first grade police officer on the date of death of
the employee would be payable to the child or children of the deceased
if there is no surviving spouse to receive.

Section 4 amends paragraphs 2 and 3 of subdivision c of section 13-347
of the Administrative Code of the City of New York as amended by chapter
733 of the laws of 1990, as it relates to death benefits; ADBs that upon
the accidental death of the original plan member before retirement, or
upon the accidental death of an improved benefits plan member before
retirement, provided that evidence would be submitted to the board prov-
ing that the death of such original plan member or improved benefits
plan member was the natural and proximate result of an accident
sustained while a member and in the performance of duty at some definite
time and place, and that the death was not the result of wilful negli-
gence on their part then the accumulated deductions, lump sum payment of
the reserve-for-increased-take-home-pay and in addition, a pension of
one-half of the final compensation of such employee, that us no less
than one-half of the full salary payable to a first grade firefighter on
the date of death of the employee would be payable to the child or chil-
dren of the deceased if there is no surviving spouse to receive.

Section 5 amends paragraph 2 and 3 of subdivision b of section 13-544 of
the Administrative Code of the City of New York, as it relates to the
Teachers' Retirement System, specifically ADBs that upon the accidental
death of a contributor before retirement, provided that evidence would
be submitted to the retirement board proving that the death was not the
result of wilful negligence on their part, the accumulated deductions
and the reserve-for-increased-take-home-pay, if any, would be paid to
the estate, or a person the contributor would have nominated by written
designation filed of the retirement board; and upon application filed
within two years after the death of the member by or on behalf of the
dependents of the deceased, the retirement board would grant a person of
one-half of the final compensation of such contributor to the child or
children of the deceased if there is no surviving spouse.

Section 6 ensures that an individual who has received benefits and would
see a reduction to conform with this act would not be required to repay
any such benefits they have already received.

Section 7 provides an immediate effective date and would be deemed to
have been in full force and effect on and after July 1, 2017.

 
JUSTIFICATION:

NYPD Officer Miosotis P. Familia was killed in the line of duty on July
5, 2017. While Fourth of July fireworks were going off, Detective Fami-
lia was callously shot in the head while she sat in her police vehicle
at East 183rd Street and Morris Avenue in the Bronx.  Officer Familia
was brutally assassinated in an ambush attack solely for the blue NYPD
uniform she proudly wore.

Officer Familia was the first female police officer killed in the line
of duty since 9/11, and only the third female officer killed in the line
of duty in the history of the NYPD. The Police Commissioner stated,
"Make no mistake: Officer Familia was murdered for her uniform and for
the responsibility she embraced".

Officer Familia was a single mother and left behind three young chil-
dren, Genesis Villella, age 20, and twins Deliliah Vega and Peter Vega,
age 12. Barely of an age to raise herself under such trying circum-
stances, Genesis became the sole caregiver to her siblings and raised
them on her own.

To add to the family's pain, New York State does not recognize orphaned
children of slain police officers in the same way it does surviving
spouses. Had Officer Familia been married, her spouse would have
received her accidental death benefit for life. Because she was a single
mother raising three children, her accidental death benefit terminates
for each child when they reach the age of 18 or 23 if they are a
student.

This legislation would guarantee the child or children of a municipal
worker who has died in the line of duty, can claim the accidental death
benefits for the duration of their lifetime if there is no surviving
spouse to claim such benefits.

 
PRIOR LEGISLATIVE HISTORY:

2024: S9666 Rivera / No same as

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after July 1, 2017.

2025-S3815 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3815
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law and the administrative code of
   the city of New York, in relation to allowing for certain child  bene-
   ficiaries  to  receive  accidental  death benefits for the duration of
   their lifetime
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  opening  paragraphs  of  subdivisions a, b and c and
 subdivision f of section 208-f of the general municipal law, the opening
 paragraph of subdivision a as amended by chapter  720  of  the  laws  of
 2023,  the opening paragraph of subdivision b as amended by section 1 of
 part Y of chapter 55 of the laws  of  2023,  the  opening  paragraph  of
 subdivision c as amended by chapter 162 of the laws of 2024 and subdivi-
 sion  f  as  amended  by chapter 782 of the laws of 2022, are amended to
 read as follows:
   Notwithstanding any other provision of  law,  the  special  accidental
 death  benefit  provided  by this section shall be paid to the [widow or
 widower] SURVIVING SPOUSE or the deceased member's children  [under  the
 age of eighteen, or, if a student under the age of twenty-three], if the
 [widow  or  widower]  SURVIVING  SPOUSE  has  died,  or  to the deceased
 member's parents if the member has no [widow, widower,] SURVIVING SPOUSE
 OR children [under the age of eighteen, or a student under  the  age  of
 twenty-three],  of:  (i)  a  deceased  member of a pension or retirement
 system of a police department or paid fire department of a city, town or
 village; (ii) a deceased paid member of the police force of  the  police
 department of the New York city transit authority; (iii) a deceased paid
 member of the police force of the police department of the New York city
 housing  authority;  (iv)  a  deceased  paid  member  of  the  uniformed
 correction force of the New York city department of  correction;  (v)  a
 deceased paid uniformed member of a county sheriff's department (outside
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08007-01-5

 S. 3815                             2
 
 the  city of New York); (vi) a deceased employee of the city of New York
 or the New York city health and hospitals corporation in a  title  whose
 duties are those of an emergency medical technician or advanced emergen-
 cy medical technician (as those terms are defined in section three thou-
 sand  one  of the public health law), or in a title whose duties require
 the supervision of employees whose duties  are  those  of  an  emergency
 medical  technician  or  advanced emergency medical technician (as those
 terms are defined in section three thousand one  of  the  public  health
 law);  (vii)  a  deceased  paid bridge and tunnel member of the New York
 city employees' retirement system; (viii) a deceased paid member of  the
 uniformed force of the New York city department of sanitation; or (ix) a
 deceased  paid  deputy  sheriff  member  of  the New York city sheriff's
 department, providing the [widow or widower] SURVIVING SPOUSE is  ineli-
 gible  to receive benefits pursuant to section three hundred sixty-one-a
 of the retirement and social security law as amended  by  chapter  seven
 hundred  thirty-three  of  the  laws  of nineteen hundred ninety and the
 deceased member:
   The special accidental death benefit shall  be  paid  by  the  county,
 city,  town or village which employed the deceased member at the time of
 death, and shall consist of a pension which is equal to  the  salary  of
 the  deceased  member, reduced by the sum of each of the following bene-
 fits received by the [widow or widower] SURVIVING SPOUSE or the deceased
 member's children [under the age of eighteen], if the [widow or widower]
 SURVIVING SPOUSE has died, or to the deceased member's  parents  if  the
 member  has no [widow, widower,] SURVIVING SPOUSE OR children [under the
 age of eighteen, or a student under the age of twenty-three], on account
 of the death of the deceased member:
   Commencing July first, two thousand twenty-four the special accidental
 death benefit paid to a [widow  or  widower]  SURVIVING  SPOUSE  or  the
 deceased  member's children [under the age of eighteen or, if a student,
 under the age of twenty-three], if  the  [widow  or  widower]  SURVIVING
 SPOUSE  has  died, or to the deceased member's parents if the member has
 no [widow, widower,] SURVIVING SPOUSE OR  children  [under  the  age  of
 eighteen,  or  a  student under the age of twenty-three], shall be esca-
 lated by adding thereto an additional percentage of the  salary  of  the
 deceased member (as increased pursuant to subdivision b of this section)
 in accordance with the following schedule:
   f. The special accidental death benefit shall be paid to:
   1. The member's [widow or widower] SURVIVING SPOUSE to continue during
 [his  or her] THE lifetime OF SUCH SURVIVING SPOUSE.  If [he or she] THE
 DECEASED MEMBER shall leave no [widow or widower] SURVIVING  SPOUSE,  or
 if [his or her widow or widower] SUCH DECEASED MEMBER'S SURVIVING SPOUSE
 shall  die  before  all  [his  or her] OF THE DECEASED MEMBER'S children
 [shall have attained age eighteen or, if students  shall  have  attained
 the age of twenty-three], or sooner die, then to
   2.  [His  or  her]  THE  child or children [under age eighteen, or, if
 students, under age twenty-three] OF  SUCH  DECEASED  MEMBER  FOR  THEIR
 LIFETIMES,  divided  in  such  manner as the comptroller, in [his] THEIR
 discretion, shall determine, or sooner die, then to
   3. [His or her] THE parents OF SUCH DECEASED MEMBER if the member  has
 no  [widow,  widower,]  SURVIVING  SPOUSE  OR children [under the age of
 eighteen, or a student under the age of twenty-three], for  their  life-
 times. Such pension shall continue in the same amount as received by the
 member's  [widow  or  widower]  SURVIVING SPOUSE as a joint and survivor
 pension until every such [child shall  have  attained  age  eighteen  or
 sooner] PARENT SHALL die.
 S. 3815                             3

   §  2.  Paragraphs 2 and 3 of subdivision a and paragraph 2 of subdivi-
 sion b of section 13-149 of the administrative code of the city  of  New
 York, paragraph 3 of subdivision a as amended by chapter 408 of the laws
 of  2000,  and paragraph 2 of subdivision b as amended by chapter 290 of
 the laws of 2001, are amended to read as follows:
   2. If there be no surviving spouse, or if the surviving spouse dies or
 remarries  before any child [of such deceased member shall have attained
 the age of eighteen years] DIES, then to  [his  or  her]  SUCH  DECEASED
 MEMBER'S  child  or children [under such age], divided in such manner as
 such board in its discretion shall determine, to continue as a joint and
 survivor pension [of one-half of his or her  final  compensation]  until
 every such child dies [or attains such age]; or
   3. If there be no surviving spouse or child [under the age of eighteen
 years]  surviving such deceased member, then to [his or her] A dependent
 [father or mother] PARENT OF  SUCH  DECEASED  MEMBER,  as  the  deceased
 member shall have nominated by written designation duly acknowledged and
 filed  with such board; or, if there be no such nomination, then to [his
 or her dependent father or to his or her dependent mother]  ONE  OF  THE
 DECEASED  MEMBER'S  DEPENDENT  PARENTS,  as such board in its discretion
 shall direct, to continue for life; or
   (2) Notwithstanding the provisions of subdivision a of  this  section,
 upon the accidental death before retirement of a member who is a sanita-
 tion  member  provided  that  evidence  shall be submitted to such board
 proving that the death of such member  was  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 that such death was not
 the  result  of  wilful  negligence  on  [his  or  her] THE part OF SUCH
 DECEASED  MEMBER,  [his  or  her]  SUCH  DECEASED  MEMBER'S  accumulated
 deductions  shall  be  paid  to  [his  or  her] THEIR estate, or to such
 persons as [he or she has] THEY HAVE  nominated  or  shall  nominate  by
 written  designation,  duly acknowledged and filed with such board. Upon
 application by or on behalf of the dependents of such  deceased  member,
 such  board shall grant a lump sum payment of the reserve-for-increased-
 take-home-pay and a pension of one-half of such member's  annual  salary
 or  compensation  on  the  date  of  [his or her] SUCH DECEASED MEMBER'S
 death; provided that in no case shall such pension be in an amount which
 is less than one-half of the maximum basic annual salary  of  sanitation
 workers  payable as of such date of death to sanitation workers employed
 by the department of sanitation:
   [(1)] (A) To [his or  her]  THE  surviving  spouse  OF  SUCH  DECEASED
 MEMBER, to continue until the death of the surviving spouse; or
   [(2)]  (B) If there be no surviving spouse, or if the surviving spouse
 dies before any child of such deceased member shall [have  attained  the
 age  of  eighteen years] DIE, then to [his or her] THE child or children
 [under such age] OF SUCH DECEASED MEMBER, divided in such manner as such
 board in its discretion shall determine, to  continue  as  a  joint  and
 survivor  pension [in the amount hereinabove specified] until every such
 child dies [or attains such age]; or
   [(3)] (C) If there be no surviving spouse or child [under the  age  of
 eighteen  years]  surviving such deceased member, then to [his or her] A
 dependent [father or mother] PARENT OF  SUCH  DECEASED  MEMBER,  as  the
 deceased  member  shall  have  nominated  by  written  designation  duly
 acknowledged and filed with such board; or, if there be  no  such  nomi-
 nation,  then to [his or her dependent father or to his or her dependent
 mother] ONE OF THE DECEASED MEMBER'S DEPENDENT PARENTS, as such board in
 its discretion shall direct, to continue for life.
 S. 3815                             4
 
   § 3. Subdivisions 2 and 3 of section 13-244 of the administrative code
 of the city of New York, as amended by chapter 733 of the laws of  1990,
 are amended to read as follows:
   2.  If  there  be no surviving spouse, or if the surviving spouse dies
 before any child of such deceased member [shall have attained the age of
 eighteen years, or if a student, before such child shall  have  attained
 the  age  of  twenty-three  years],  then  to [his or her] SUCH DECEASED
 MEMBER'S child or children [under such age], divided in such  manner  as
 such board in its discretion shall determine, to continue as a joint and
 survivor  pension  [of  one-half of his or her final compensation until]
 every such child dies [or attains such age]; or
   3. If there be no surviving spouse or child [under the age of eighteen
 years, or if a student, under the age of twenty-three years],  surviving
 such  deceased member, then to [his or her] A dependent [father or moth-
 er] PARENT OF SUCH DECEASED MEMBER, as the deceased  member  shall  have
 nominated  by  written designation duly acknowledged and filed with such
 board; or, if there be no such nomination, then to [his or her dependent
 father or to his or her dependent mother] ONE OF THE  DECEASED  MEMBER'S
 DEPENDENT  PARENTS,  as  such  board  in its discretion shall direct, to
 continue for life.
   § 4. Paragraphs 2 and 3 of subdivision c  of  section  13-347  of  the
 administrative  code  of the city of New York, as amended by chapter 733
 of the laws of 1990, are amended to read as follows:
   (2) If there be no surviving spouse, or if the surviving  spouse  dies
 before any child of such deceased member [shall have attained the age of
 eighteen  years  or  if  a student under the age of twenty-three years],
 then to [his or her] THE child or children  [under  such  age]  OF  SUCH
 DECEASED  MEMBER, divided in such manner as such board in its discretion
 shall determine, to continue, if such deceased member  was  an  original
 plan  member  not  subject to article eleven at the time of [his or her]
 THEIR death, as a joint and survivor pension [of one-half of his or  her
 final  compensation]  until every such child dies [or attains such age],
 and to continue, if such deceased member was an improved  benefits  plan
 member  not  subject to article eleven at the time of [his or her] THEIR
 death, as a joint and survivor pension [of one-half of his or her  five-
 year-average  compensation] until every such child dies [or attains such
 age]; or
   (3) If there be no surviving spouse or child [under the age  of  eigh-
 teen  years or if a student under the age of twenty-three years] surviv-
 ing such deceased member, then to [his or her] A  dependent  [father  or
 mother]  PARENT  OF  SUCH DECEASED MEMBER, as such deceased member shall
 have nominated by written designation duly acknowledged and  filed  with
 such  board;  or,  if  there  be no such nomination, then to [his or her
 dependent father or to his or her dependent mother] ONE OF THE  DECEASED
 MEMBER'S  DEPENDENT  PARENTS,  as  such  board  in  its discretion shall
 direct, to continue for life.
   § 5. Paragraphs 2 and 3 of subdivision b  of  section  13-544  of  the
 administrative  code  of  the  city  of  New York are amended to read as
 follows:
   2. if there be no spouse, or if the spouse dies  or  remarries  before
 any  child  of  such  deceased  shall [have attained the age of eighteen
 years] DIE, then to the child or children [under said age],  divided  in
 such  manner  as the retirement board in its discretion shall determine,
 to continue as a joint and survivor pension  [of  one-half  his  or  her
 final  compensation]  until every such child dies [or attains said age];
 or
 S. 3815                             5
 
   3. if there be no spouse or child [under the age  of  eighteen  years]
 surviving  such  deceased,  then to [the] A dependent [father or mother]
 PARENT OF THE DECEASED MEMBER, as the deceased shall have  nominated  by
 written  designation filed with the retirement board; or, if there be no
 such nomination, then to [the dependent father or to the dependent moth-
 er]  ONE  OF  THE DECEASED MEMBER'S DEPENDENT PARENTS, as the retirement
 board in its discretion shall direct, to continue for life.
   § 6. No individual whose benefits shall be  reduced  pursuant  to  the
 provisions  of  this  act  shall  be required to repay any such benefits
 already received.
   § 7. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after July 1, 2017.

2025-S3815A - Details

See Assembly Version of this Bill:: A8810
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §208-f, Gen Muni L
Versions Introduced in 2023-2024 Legislative Session:: S9666

2025-S3815A - Summary

Provides for children who were under the age of 25 when the death of the member occurred to receive an accidental death benefit for their lifetimes.

2025-S3815A - Sponsor Memo

                                 
BILL NUMBER: S3815A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to allowing for
certain child beneficiaries to receive accidental death benefits for the
duration of their lifetime

 
PURPOSE OR GENERAL IDEA OF BILL:

Allows for certain child beneficiaries to receive accidental death bene-
fits for the duration of their lifetime

 
SUMMARY OF PROVISIONS:

Section 1: amend the opening paragraphs of subdivision a, b, and c and
subdivision f of section 208-f of the general municipal law, as it
relates to the Special Accidental Death Benefit (SADB), to modify the
existing class of child beneficiaries to include children who were under
the age of 25 when the death of a member occurred would be eligible to
receive SADB.

Section 2: Amend the law to provide that no individual receiving bene-
fits under section 208-f of the General Municipal Law prior to the
effective date of this act shall be required to repay any benefits
received.

Section 3:Amend the law to provide that an individual who would have
been eligible for benefits under section 208-f of the General Municipal
Law as the child of a deceased police department member, under the age
of 21 at the time of the member's death, and who aged out prior to this
act's effective date, shall be eligible for such benefits if the member
died before the effective date of this act. No reduction in benefits to
another beneficiary shall occur without that beneficiary's consent.
Individuals who have reached the age of 30 at the time of application
shall not be eligible.

Section 4: Provide effective date of the legislation.

 
JUSTIFICATION:

NYPD Officer Miosotis P. Familia was killed in the line of duty on July
5, 2017. While Fourth of July fireworks were going off, Detective Fami-
lia was callously shot in the head while she sat in her police vehicle
at East 183rd Street and Morris Avenue in the Bronx.  Officer Familia
was brutally assassinated in an ambush attack solely for the blue NYPD
uniform she proudly wore.

Officer Familia was the first female police officer killed in the line
of duty since 9/11, and only the third female officer killed in the line
of duty in the history of the NYPD. The Police Commissioner stated,
"Make no mistake: Officer Familia was murdered for her uniform and for
the responsibility she embraced".

Officer Familia was a single mother and left behind three young chil-
dren, Genesis Villella, age 20, and twins Deliliah Vega and Peter Vega,
age 12. Barely of an age to raise herself under such trying circum-

stances, Genesis became the sole caregiver to her siblings and raised
them on her own.

To add to the family's pain, New York State does not recognize orphaned
children of slain police officers in the same way it does surviving
spouses. Had Officer Familia been married, her spouse would have
received her accidental death benefit for life. Because she was a single
mother raising three children, her accidental death benefit terminates
for each child when they reach the age of 18 or 23 if they are a
student.

This legislation would guarantee a child or children of a worker in a
qualified profession who has died in the line of duty, can claim the
special accidental death benefits for the duration of their lifetime if
there is no surviving spouse to claim such benefits.

 
PRIOR LEGISLATIVE HISTORY:  2024: S9666 Rivera / No same as

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
Effective immediately.

2025-S3815A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3815--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the general municipal law, in relation to  allowing  for
   certain  child  beneficiaries to receive accidental death benefits for
   the duration of their lifetime
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  opening  paragraphs  of  subdivisions a, b and c and
 subdivision f of section 208-f of the general municipal law, the opening
 paragraph of subdivision a as amended by chapter  720  of  the  laws  of
 2023,  the opening paragraph of subdivision b as amended by section 1 of
 part Y of chapter 55 of the laws  of  2023,  the  opening  paragraph  of
 subdivision c as amended by chapter 162 of the laws of 2024 and subdivi-
 sion  f  as  amended  by chapter 782 of the laws of 2022, are amended to
 read as follows:
   Notwithstanding any other provision of  law,  the  special  accidental
 death  benefit  provided  by this section shall be paid to the [widow or
 widower] SURVIVING SPOUSE or the deceased member's children  [under  the
 age of eighteen, or, if a student under the age of twenty-three], if the
 [widow  or  widower]  SURVIVING  SPOUSE  has died AND SUCH CHILDREN WERE
 UNDER THE AGE OF TWENTY-FIVE WHEN THE DEATH OF THE MEMBER  OCCURRED,  or
 to  the deceased member's parents if the member has no [widow, widower,]
 SURVIVING SPOUSE OR children [under the age of eighteen,  or  a  student
 under  the  age  of  twenty-three] WHO WERE UNDER THE AGE OF TWENTY-FIVE
 WHEN THE DEATH OF THE MEMBER OCCURRED, of: (i) a deceased  member  of  a
 pension or retirement system of a police department or paid fire depart-
 ment  of  a  city,  town  or village; (ii) a deceased paid member of the
 police force of the police department  of  the  New  York  city  transit
 authority;  (iii)  a  deceased  paid  member  of the police force of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08007-02-5

 S. 3815--A                          2
 
 police department of  the  New  York  city  housing  authority;  (iv)  a
 deceased  paid  member of the uniformed correction force of the New York
 city department of correction; (v) a deceased paid uniformed member of a
 county  sheriff's  department  (outside  the  city  of New York); (vi) a
 deceased employee of the city of New York or the New  York  city  health
 and  hospitals corporation in a title whose duties are those of an emer-
 gency medical technician or advanced emergency  medical  technician  (as
 those  terms  are  defined  in  section three thousand one of the public
 health law), or in a title  whose  duties  require  the  supervision  of
 employees  whose  duties are those of an emergency medical technician or
 advanced emergency medical technician (as those  terms  are  defined  in
 section  three  thousand one of the public health law); (vii) a deceased
 paid bridge and tunnel member of the New York city employees' retirement
 system; (viii) a deceased paid member of the uniformed force of the  New
 York city department of sanitation; or (ix) a deceased paid deputy sher-
 iff  member  of  the  New  York city sheriff's department, providing the
 [widow or widower] SURVIVING SPOUSE is ineligible  to  receive  benefits
 pursuant  to  section  three  hundred  sixty-one-a of the retirement and
 social security law as amended by chapter seven hundred thirty-three  of
 the laws of nineteen hundred ninety and the deceased member:
   The  special  accidental  death  benefit  shall be paid by the county,
 city, town or village which employed the deceased member at the time  of
 death,  and  shall  consist of a pension which is equal to the salary of
 the deceased member, reduced by the sum of each of the  following  bene-
 fits received by the [widow or widower] SURVIVING SPOUSE or the deceased
 member's children [under the age of eighteen], if the [widow or widower]
 SURVIVING  SPOUSE has died AND SUCH CHILDREN WERE UNDER THE AGE OF TWEN-
 TY-FIVE WHEN THE DEATH OF  THE  MEMBER  OCCURRED,  or  to  the  deceased
 member's parents if the member has no [widow, widower,] SURVIVING SPOUSE
 OR  children  [under  the age of eighteen, or a student under the age of
 twenty-three] WHO WERE UNDER THE AGE OF TWENTY-FIVE WHEN  THE  DEATH  OF
 THE MEMBER OCCURRED, on account of the death of the deceased member:
   Commencing July first, two thousand twenty-four the special accidental
 death  benefit  paid  to  a  [widow  or widower] SURVIVING SPOUSE or the
 deceased member's children [under the age of eighteen or, if a  student,
 under  the  age  of  twenty-three],  if the [widow or widower] SURVIVING
 SPOUSE has died AND SUCH CHILDREN WERE UNDER THE AGE OF TWENTY-FIVE WHEN
 THE DEATH OF THE MEMBER OCCURRED, or to the deceased member's parents if
 the member has no [widow, widower,] SURVIVING SPOUSE OR children  [under
 the  age  of  eighteen,  or a student under the age of twenty-three] WHO
 WERE UNDER THE AGE OF TWENTY-FIVE WHEN THE DEATH OF THE MEMBER OCCURRED,
 shall be escalated by adding thereto an  additional  percentage  of  the
 salary of the deceased member (as increased pursuant to subdivision b of
 this section) in accordance with the following schedule:
   f. The special accidental death benefit shall be paid to:
   1. The member's [widow or widower] SURVIVING SPOUSE to continue during
 [his  or her] THE lifetime OF SUCH SURVIVING SPOUSE.  If [he or she] THE
 DECEASED MEMBER shall leave no [widow or widower] SURVIVING  SPOUSE,  or
 if [his or her widow or widower] SUCH DECEASED MEMBER'S SURVIVING SPOUSE
 OR  PARENT  OF  DECEASED  MEMBER'S CHILDREN shall die before all [his or
 her] OF THE DECEASED MEMBER'S children [shall have attained age eighteen
 or, if students shall have attained the age of  twenty-three]  WHO  WERE
 UNDER  THE  AGE OF TWENTY-FIVE WHEN THE DEATH OF THE MEMBER OCCURRED, or
 sooner die, then to
   2. [His or her] THE child or children  [under  age  eighteen,  or,  if
 students, under age twenty-three] OF SUCH DECEASED MEMBER WHO WERE UNDER
 S. 3815--A                          3
 
 THE  AGE  OF TWENTY-FIVE WHEN THE DEATH OF THE MEMBER OCCURRED FOR THEIR
 LIFETIMES, divided in such manner as the  comptroller,  in  [his]  THEIR
 discretion, shall determine, or sooner die, then to
   3.  [His or her] THE parents OF SUCH DECEASED MEMBER if the member has
 no [widow, widower,] SURVIVING SPOUSE OR  children  [under  the  age  of
 eighteen, or a student under the age of twenty-three] WHO WERE UNDER THE
 AGE  OF  TWENTY-FIVE  WHEN  THE  DEATH OF THE MEMBER OCCURRED, for their
 lifetimes. Such pension shall continue in the same amount as received by
 the member's [widow or widower] SURVIVING SPOUSE as a joint and survivor
 pension until every such [child shall  have  attained  age  eighteen  or
 sooner] PARENT SHALL die.
   §  2.  No  individual receiving benefits pursuant to the provisions of
 section 208-f of the general municipal law prior to the  effective  date
 of  this  act whose benefits would be reduced pursuant to the provisions
 of this act shall  be  required  to  repay  any  such  benefits  already
 received.  No  reduction  in  benefits  shall occur unless an individual
 receiving such benefit consents to a reduction in benefits.
   § 3. An individual who would have been  eligible  for  benefits  under
 section 208-f of the general municipal law, as amended by section one of
 this  act,  as  a child of a deceased member who was under the age of 21
 when the death of the member occurred and has previously aged out, where
 such member died before the effective date of this act and was a  member
 of  the  police department established pursuant to chapter 18 of the New
 York city charter shall be eligible to  receive  such  benefit  if  such
 individual  files  an  application with the New York City police pension
 fund established pursuant to chapter 2 of title 13 of the administrative
 code of the city of New York within one  year  following  the  effective
 date  of  this  act.    Any  application received for such benefit which
 reduces the benefit of another beneficiary shall not be accepted  unless
 such other beneficiary affirmatively consents to a reduction of benefits
 in  the  manner and form prescribed by such pension fund.  Such benefits
 shall not be paid retroactively.  No individual shall be eligible  under
 this  section  if (a) they have reached the age of thirty at the time of
 application or (b) the current beneficiary or beneficiaries  is  or  are
 the  surviving  spouse  or the parent or parents of such deceased member
 who died before the effective date of this act.
   § 4. This act shall take effect immediately.

2025-S3815B (ACTIVE) - Details

See Assembly Version of this Bill:: A8810
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §208-f, Gen Muni L
Versions Introduced in 2023-2024 Legislative Session:: S9666

2025-S3815B (ACTIVE) - Summary

Provides for children who were under the age of 25 when the death of the member occurred to receive an accidental death benefit for their lifetimes.

2025-S3815B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3815B

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to allowing for
certain child beneficiaries to receive accidental death benefits for the
duration of their lifetime

 
PURPOSE:

Allows for certain child beneficiaries to receive accidental death bene-
fits for the duration of their lifetime

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the opening paragraphs of subdivisions a,
b, c, and subdivision f of section 208-f of the general municipal law to
modify the existing class of child beneficiaries to include children who
were under the age of 25 when the death of a member occurred would be
eligible to receive the Special Accidental Death Benefit (SADB).

Section two of the bill provides that no individual receiving benefits
under section 208-f of the general municipal law, prior to the effective
date of this act, shall be required to repay any benefits received and
no reduction in benefits shall occur unless an individual receiving such
benefit consents to a reduction in benefits.

Section three of the bill provides that an individual who would have
been eligible for benefits under section 208-f of the general municipal
law as the child of a deceased police department member, under the age
of twenty-one at the time of the member's death, and who aged out prior
to the effective date of this act shall be eligible for such benefits if
the member died before the effective date of this act. No reduction in
benefits to another beneficiary shall occur without that beneficiary's
consent.Individuals who have reached the age of 30 at the time of appli-
cation shall not be eligible.

Section four of the bill provides the effective date.

 
JUSTIFICATION:

NYPD Officer Miosotis P. Familia was killed in the line of duty on July
5, 2017. While the Fourth of July fireworks were going off, Detective
Familia was callously shot in the head while she sat in her police vehi-
cle at East 183rd Street and Morris Avenue in the Bronx.Officer Familia
was brutally assassinated in an ambush attack solely for the blue NYPD
uniform she proudly wore.

Officer Familia was the first female police officer killed in the line
of duty since 9/11, and only the third female officer killed in the line
of duty in the history of the NYPD. The Police Commissioner stated,
"Make no mistake: Officer Familia was murdered for her uniform and for
the responsibility she embraced."

Officer Familia was a single mother and left behind three young chil-
dren, Genesis Villella, age 20, and twins Deliliah Vega and Peter Vega,
age 12.

Barely of an age to raise herself under such trying circumstances,
Genesis became the sole caregiver to her siblings and raised them on her
own.

To add to the family's pain, New York State does not recognize orphaned
children of slain police officers in the same way it does surviving
spouses. Had Officer Familia been married, her spouse would have
received her accidental death benefit for life. However, even though
Officer Miosotis's daughter, Genesis, has been raising her siblings as
if they were her own, as her mother had asked her to in case the worst
happened, the accidental death benefit terminates when each child
reaches the age of 18 or 23 if they are a student.

This legislation would guarantee a child or children of an individual in
a qualified profession who has died in the line of duty can claim the
special accidental death benefits for the duration of their lifetime if
there is no surviving spouse to claim such benefits.

 
PRIOR LEGISLATIVE HISTORY:

2024: S.9666 - Local Government

2024: S.7221/ A.7397 - Civil Service and Pensions / Governmental Employ-
ees

2023: S.7221/ A.7397 - Calendar / Governmental Employees

 
FISCAL IMPLICATIONS:

See Fiscal note

 
EFFECTIVE DATE:
Immediately; provided however, the amendments to section 208f of the
general municipal law made by section one of this act shall apply to
members who die on or after such effective date.

2025-S3815B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3815--B
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT  to amend the general municipal law, in relation to allowing for
   certain child beneficiaries to receive accidental death  benefits  for
   the duration of their lifetime
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraphs of  subdivisions  a,  b  and  c  and
 subdivision f of section 208-f of the general municipal law, the opening
 paragraph  of  subdivision  a  as  amended by chapter 720 of the laws of
 2023, the opening paragraph of subdivision b as amended by section 1  of
 part  Y  of  chapter  55  of  the laws of 2023, the opening paragraph of
 subdivision c as amended by chapter 162 of the laws of 2024 and subdivi-
 sion f as amended by chapter 782 of the laws of  2022,  are  amended  to
 read as follows:
   Notwithstanding  any  other  provision  of law, the special accidental
 death benefit provided by this section shall be paid to  the  [widow  or
 widower]  SURVIVING  SPOUSE or the deceased member's children [under the
 age of eighteen, or, if a student under the age of twenty-three], if the
 [widow or widower] SURVIVING SPOUSE has  died  AND  SUCH  CHILDREN  WERE
 UNDER  THE  AGE OF TWENTY-FIVE WHEN THE DEATH OF THE MEMBER OCCURRED, or
 to the deceased member's parents if the member has no [widow,  widower,]
 SURVIVING  SPOUSE  OR  children [under the age of eighteen, or a student
 under the age of twenty-three] WHO WERE UNDER  THE  AGE  OF  TWENTY-FIVE
 WHEN  THE  DEATH  OF THE MEMBER OCCURRED, of: (i) a deceased member of a
 pension or retirement system of a police department or paid fire depart-
 ment of a city, town or village; (ii) a  deceased  paid  member  of  the
 police  force  of  the  police  department  of the New York city transit
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08007-05-5

 S. 3815--B                          2
 
 authority; (iii) a deceased paid member  of  the  police  force  of  the
 police  department  of  the  New  York  city  housing  authority; (iv) a
 deceased paid member of the uniformed correction force of the  New  York
 city department of correction; (v) a deceased paid uniformed member of a
 county  sheriff's  department  (outside  the  city  of New York); (vi) a
 deceased employee of the city of New York or the New  York  city  health
 and  hospitals corporation in a title whose duties are those of an emer-
 gency medical technician or advanced emergency  medical  technician  (as
 those  terms  are  defined  in  section three thousand one of the public
 health law), or in a title  whose  duties  require  the  supervision  of
 employees  whose  duties are those of an emergency medical technician or
 advanced emergency medical technician (as those  terms  are  defined  in
 section  three  thousand one of the public health law); (vii) a deceased
 paid bridge and tunnel member of the New York city employees' retirement
 system; (viii) a deceased paid member of the uniformed force of the  New
 York city department of sanitation; or (ix) a deceased paid deputy sher-
 iff  member  of  the  New  York city sheriff's department, providing the
 [widow or widower] SURVIVING SPOUSE is ineligible  to  receive  benefits
 pursuant  to  section  three  hundred  sixty-one-a of the retirement and
 social security law as amended by chapter seven hundred thirty-three  of
 the laws of nineteen hundred ninety and the deceased member:
   The  special  accidental  death  benefit  shall be paid by the county,
 city, town or village which employed the deceased member at the time  of
 death,  and  shall  consist of a pension which is equal to the salary of
 the deceased member, reduced by the sum of each of the  following  bene-
 fits received by the [widow or widower] SURVIVING SPOUSE or the deceased
 member's children [under the age of eighteen], if the [widow or widower]
 SURVIVING  SPOUSE has died AND SUCH CHILDREN WERE UNDER THE AGE OF TWEN-
 TY-FIVE WHEN THE DEATH OF  THE  MEMBER  OCCURRED,  or  to  the  deceased
 member's parents if the member has no [widow, widower,] SURVIVING SPOUSE
 OR  children  [under  the age of eighteen, or a student under the age of
 twenty-three] WHO WERE UNDER THE AGE OF TWENTY-FIVE WHEN  THE  DEATH  OF
 THE MEMBER OCCURRED, on account of the death of the deceased member:
   Commencing July first, two thousand twenty-four the special accidental
 death  benefit  paid  to  a  [widow  or widower] SURVIVING SPOUSE or the
 deceased member's children [under the age of eighteen or, if a  student,
 under  the  age  of  twenty-three],  if the [widow or widower] SURVIVING
 SPOUSE has died AND SUCH CHILDREN WERE UNDER THE AGE OF TWENTY-FIVE WHEN
 THE DEATH OF THE MEMBER OCCURRED, or to the deceased member's parents if
 the member has no [widow, widower,] SURVIVING SPOUSE OR children  [under
 the  age  of  eighteen,  or a student under the age of twenty-three] WHO
 WERE UNDER THE AGE OF TWENTY-FIVE WHEN THE DEATH OF THE MEMBER OCCURRED,
 shall be escalated by adding thereto an  additional  percentage  of  the
 salary of the deceased member (as increased pursuant to subdivision b of
 this section) in accordance with the following schedule:
   f. The special accidental death benefit shall be paid to:
   1. The member's [widow or widower] SURVIVING SPOUSE to continue during
 [his  or her] THE lifetime OF SUCH SURVIVING SPOUSE.  If [he or she] THE
 DECEASED MEMBER shall leave no [widow or widower] SURVIVING  SPOUSE,  or
 if [his or her widow or widower] SUCH DECEASED MEMBER'S SURVIVING SPOUSE
 shall  die  [before  all  his or her] AND THE DECEASED MEMBER'S children
 [shall have attained age eighteen or, if students  shall  have  attained
 the  age  of  twenty-three]  WERE  UNDER THE AGE OF TWENTY-FIVE WHEN THE
 DEATH OF THE MEMBER OCCURRED, or sooner die, then to
   2. [His or her] THE child or children  [under  age  eighteen,  or,  if
 students, under age twenty-three] OF SUCH DECEASED MEMBER WHO WERE UNDER
 S. 3815--B                          3
 
 THE  AGE  OF TWENTY-FIVE WHEN THE DEATH OF THE MEMBER OCCURRED FOR THEIR
 LIFETIMES, divided in such manner as the  comptroller,  in  [his]  THEIR
 discretion, shall determine, or sooner die, then to
   3.  [His or her] THE parents OF SUCH DECEASED MEMBER if the member has
 no [widow, widower,] SURVIVING SPOUSE OR  children  [under  the  age  of
 eighteen, or a student under the age of twenty-three] WHO WERE UNDER THE
 AGE  OF  TWENTY-FIVE  WHEN  THE  DEATH OF THE MEMBER OCCURRED, for their
 lifetimes. Such pension shall continue in the same amount as received by
 the member's [widow or widower] SURVIVING SPOUSE as a joint and survivor
 pension until every such [child shall  have  attained  age  eighteen  or
 sooner] PARENT SHALL die.
   § 2. Notwithstanding any provision of law to the contrary, no individ-
 ual  receiving  benefits  pursuant to the provisions of section 208-f of
 the general municipal law prior to the effective date of this act  whose
 benefits  would  be reduced pursuant to the provisions of this act shall
 be required to repay any such benefits already received. No reduction in
 benefits  shall  occur  unless  an  individual  receiving  such  benefit
 consents to a reduction in benefits.
   § 3. Notwithstanding any provision of law to the contrary, an individ-
 ual who would have been eligible for benefits under section 208-f of the
 general municipal law, as amended by section one of this act, as a child
 of  a  deceased member who was under the age of 21 when the death of the
 member occurred and has previously aged  out,  where  such  member  died
 before  the  effective  date  of this act and was a member of the police
 department established pursuant to chapter 18 of the New York city char-
 ter shall be eligible to receive such benefit if such  individual  files
 an  application  with  the New York City police pension fund established
 pursuant to chapter 2 of title 13 of the administrative code of the city
 of New York within one year following the effective date  of  this  act.
 Any  application  received for such benefit which reduces the benefit of
 another beneficiary shall not be accepted unless such other  beneficiary
 affirmatively consents to a reduction of benefits in the manner and form
 prescribed  by  such  pension  fund.    Such  benefits shall not be paid
 retroactively.  No individual shall be eligible under  this  section  if
 (a)  they  have  reached the age of thirty at the time of application or
 (b) the current beneficiary or beneficiaries is  or  are  the  surviving
 spouse  or the parent or parents of such deceased member who died before
 the effective date of this act.
   § 4. This act shall take effect  immediately;  provided  however,  the
 amendments to section 208-f of the general municipal law made by section
 one  of  this act shall apply to members who die on or after such effec-
 tive date.
   FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
   SUMMARY: This proposed legislation, as it relates to the New York City
 Retirement Systems and Pension Funds (NYCRS), would extend  the  Special
 Accidental  Death Benefits currently payable to children until age 18 or
 age 23, for the lifetime of any surviving children who are under age  25
 at the time of a member's accidental death.
 
          EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
           by Fiscal Year for the first 25 years ($ in Millions)
             Year    NYCERS      POLICE    FIRE    TOTAL
             2026    0.7         95.4      4.8     100.9
             2027    0.7         6.7       4.9     12.3
             2028    0.7         6.8       4.9     12.4
             2029    0.7         7.0       5.0     12.7
 S. 3815--B                          4
 
             2030    0.8         7.2       5.1     13.1
             2031    0.8         7.3       5.2     13.3
             2032    0.8         7.5       5.3     13.6
             2033    0.8         7.7       5.3     13.8
             2034    0.8         7.9       5.4     14.1
             2035    0.9         8.0       5.5     14.4
             2036    0.9         8.2       5.6     14.7
             2037    0.9         8.4       5.8     15.1
             2038    0.9         6.3       5.9     13.1
             2039    0.9         6.5       3.6     11.0
             2040    0.9         6.7       3.7     11.3
             2041    0.9         6.9       3.8     11.6
             2042    1.0         7.1       3.9     12.0
             2043    1.0         7.3       4.1     12.4
             2044    1.0         7.6       4.2     12.8
             2045    1.0         7.8       4.4     13.2
             2046    1.1         8.0       4.5     13.6
             2047    1.1         8.3       4.7     14.1
             2048    1.1         8.5       4.9     14.5
             2049    1.2         8.7       5.0     14.9
             2050    1.2         9.0       5.2     15.4
 
   Projected contributions include future new hires that may be impacted.
 For Fiscal Year 2051 and beyond, the expected increase in normal cost as
 a  level percent of pay for impacted new entrants is approximately 0.03%
 for NYCERS, 0.09% for POLICE, and 0.15% for FIRE.  Costs  for  potential
 future accidental death reclassifications are not included above.
   The  initial  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, including future service accrual and pay increases.
 Future new hires are not included in this present value.
 
          INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
                    as of June 30, 2024 ($ in Millions)
 Present Value (PV)                  NYCERS   POLICE    FIRE
 (1) PV of Employer Contributions:   6.5      143.3     44.8
 (2) PV of Employee Contributions:   0.0        0.0      0.0
 Total PV of Benefits (1) + (2):     6.5      143.3     44.8
 
   UNFUNDED ACCRUED LIABILITY (UAL): Actuarial  Accrued  Liabilities  are
 the  portion of the Present Value of Benefits allocated to past service.
 Changes in UAL for active  members  were  amortized  over  the  expected
 remaining   working  lifetime  of  those  impacted  using  level  dollar
 payments.  UAL attributable to inactive members was  recognized  in  the
 first year.
 
                AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
                                     NYCERS   POLICE    FIRE
 Increase (Decrease) in UAL:         0.4 M    97.6 M    19.7 M
 Number of Payments:                   12       12        13
 Amortization Payment:               0.1 M    2.3 M     2.4 M
 Additional One-time Payment:        0.0 M    88.8 M     0.0 M
 S. 3815--B                          5
 
   CENSUS  DATA:  The estimates presented herein are based on preliminary
 census data collected as of June 30,  2024.  The  census  data  for  the
 impacted population is summarized below.
                                     NYCERS   POLICE    FIRE
 Active Members
 - Number Count:                     18,413   33,803    10,691
 - Average Age:                        41.9     37.5      40.7
 - Average Service:                    11.3     11.1      13.7
 - Average Salary:                   108,600  134,900   143,400
 Receiving Members
 - Number Count:                           0       27         0
 - Average Age of Youngest Child:    N/A      21.6      N/A
 
   IMPACT  ON SURVIVOR BENEFITS: The accidental death benefits payable to
 surviving beneficiaries of NYCERS, POLICE, and  FIRE  members  who  were
 employed  in certain uniformed positions are made up of accidental death
 benefits and, if eligible,  Special  Accidental  Death  Benefits  (SADB)
 under  General  Municipal Law section 208-f, totaling approximately 100%
 of the member's salary and is assumed to increase by 3% each year.
   Currently, SADB is payable to surviving spouses  for  their  lifetime,
 then  to  children  until  age  18,  or age 23 if a student, and then to
 surviving parents for their lifetime. If there are no beneficiaries in a
 class, benefits are paid to each successive class.  In  the  event  that
 there  is  more than one eligible beneficiary in a class (e.g., multiple
 children), benefits are divided among members of that class.
   Under the proposed legislation, for member  deaths  on  or  after  the
 effective  date,  SADB  would  be payable to surviving spouses for their
 lifetime, then to any children who were under age  25  at  the  time  of
 death  for their lifetime, and then to surviving parents for their life-
 time.
   For member deaths prior to the effective date, lifetime SADB  benefits
 would be extended to surviving children of POLICE members who were under
 age  21 at the time of death, if they are under age 30 upon application,
 and provided that no spouse or parent is currently  in  receipt  of  the
 SADB  benefit.  To  the  extent that benefits would be reduced for other
 beneficiaries, consent from affected  beneficiaries  would  be  required
 before such benefits would be paid.
   ASSUMPTIONS  AND  METHODS:  The  estimates  presented herein have been
 calculated based on the Revised 2021 Actuarial Assumptions  and  Methods
 of the impacted retirement systems. In addition:
    *  Upon  accidental  death,  50%  of active members are assumed to be
    survived by a spouse and children, 25% are assumed to be survived  by
    parents  and  children  with  no  spouse,  and  the remaining 25% are
    assumed to have no children.
    * For purposes of estimating the demographics of surviving  children,
    members are assumed to have their first child at age 25, second child
    at age 30, and third child at age 35.
    *  For  purposes of estimating the demographics of surviving parents,
    parents are assumed to be 30 years older than the member at  time  of
    death.
    *  50%  of deceased members with child beneficiaries currently in-re-
    ceipt are assumed to have parents who are still alive.
    * New entrants were assumed to replace exiting members so that  total
    payroll  increases  by  3% each year for impacted groups. New entrant
    demographics were developed based on data for recent  new  hires  and
    actuarial judgement.
 S. 3815--B                          6
 
   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 2025-79 dated June 9,
 2025 was prepared by the Chief Actuary for the New York City  Retirement
 Systems  and  Pension Funds and is intended for use only during the 2025
 Legislative Session.

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Senate Bill S3815B

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Sponsored By

Gustavo Rivera

Current Bill Status - In Senate Committee Local Government Committee

Bill Amendments

2025-S3815 - Details

2025-S3815 - Summary

2025-S3815 - Sponsor Memo

2025-S3815 - Bill Text download pdf

2025-S3815A - Details

2025-S3815A - Summary

2025-S3815A - Sponsor Memo

2025-S3815A - Bill Text download pdf

2025-S3815B (ACTIVE) - Details

2025-S3815B (ACTIVE) - Summary

2025-S3815B (ACTIVE) - Sponsor Memo

2025-S3815B (ACTIVE) - Bill Text download pdf

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