Senate Bill S9596A

2025-2026 Legislative Session

Permits accidental death benefits and/or special accidental death benefits to be awarded to the beneficiary of Patricia Espinosa

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 02, 2026	print number 9596a
Apr 02, 2026	amend and recommit to civil service and pensions
Mar 26, 2026	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2025-S9596 - Details

See Assembly Version of this Bill:: A10824
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement

2025-S9596 - Summary

Permits accidental death benefits and/or special accidental death benefits to be awarded to the beneficiary of Patricia Espinosa.

2025-S9596 - Sponsor Memo

                                 
BILL NUMBER: S9596REVISED 4/2/2026

SPONSOR: MATTERA
 
TITLE OF BILL:

An act to permit accidental death benefits and/or special accidental
death benefits to be awarded to the beneficiary of Patricia Espinosa

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that the surviving family of Nassau County Police Officer
Patricia Espinosa is eligible to receive line-of-duty accidental death
benefits by statutorily deeming her January 31, 2026 death to have
occurred as the natural and proximate result of an accident sustained in
the performance of duty.

 
SUMMARY OF PROVISIONS:

Section 1: Notwithstanding the provisions of any law, rule or regulation
to the contrary, Patricia Espinosa, who was a member of the New York
state and local police and fire retirement system employed as a police
officer by the county of Nassau, and who died on January 31, 2026 as the

result of an accident which occurred while she was travelling to work,
shall be deemed to have died as the natural and proximate result of an
accident sustained in the performance of duty.

Section 2: All costs associated with this act shall be borne by the
county of Nassau.

Section 3: This act shall take effect immediately

 
JUSTIFICATION:

On January 31, 2026, Officer Espinosa, a 42-year-old Nassau County
Police Department (NCPD) Officer assigned to the 5th Precinct, was
killed when a suspected drunk driver ran a red light and struck her
vehicle as she drove to report for duty, leaving behind her husband and
their young daughter.

Under existing New York retirement law, accidental and special acci-
dental death benefits generally require that a member's death be "the
natural and proximate result of an accident sustained in the performance
of duties." This means that if you die as the natural and proximate
result of an on-the-job accident not due to your own willful negligence,
an accidental death benefit may be payable on your behalf, regardless of
your years of service credit.

Due to the violent nature of her crash and her intent to begin her tour
of duty, this legislation declares the intent to treat her death as
incurred in the performance of duty.

A majority of our men and women in blue will render assistance like they
are on-duty when they travel to their precinct. This was evidenced by
her husband Francisco Malaga, who is also a member of the NCPD, jumping
into action at her accident before sadly coming to the realization that
it was his wife who was the victim. In essence, they were both on duty
during the incident.


In 2024, the Legislature enacted Chapter 313 (5.7586A/A.8131A), which
similarly deemed Port Authority Police Officer Anthony Varvaro to have
died as the natural and proximate result of an accident sustained in the
performance of duty, recognizing that his fatal crash while driving to a
9/11 assignment warranted line-of-duty treatment for purposes of retire-
ment benefits.

Officer Espinosa's death presents closely analogous facts and equities:
she was in route to her tour of duty, engaged in no personal frolic, and
killed solely because of another driver's alleged intoxication and traf-
fic violation.

This bill therefore provides a narrow, officer-specific remedy that
aligns her family's treatment with the precedent established in the
Varvaro legislation, without altering the general standards for acci-
dental death across the retirement systems. It appropriately honors
Officer Espinosa's sacrifice and provides needed financial security to
her surviving spouse and child.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

There will be an immediate past service cost of $3.18 million borne by
the county of Nassau as a one-time payment. This cost assumes that
payment will be made on February 1, 2027. If the county of Nassau elects
to amortize this cost over 10 years, the cost for each year will be
$407,000

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S9596 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9596
 
                             I N  S E N A T E
 
                              March 26, 2026
                                ___________
 
 Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to permit accidental death  benefits  and/or  special  accidental
   death benefits to be awarded to the beneficiary of Patricia Espinosa
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Notwithstanding the provisions of any law,  rule  or  regu-
 lation  to  the contrary, Patricia Espinosa, who was a member of the New
 York state and local police and fire retirement  system  employed  as  a
 police officer by the county of Nassau, and who died on January 31, 2026
 as  the result of an accident which occurred while she was travelling to
 work, shall be deemed to have died as the natural and  proximate  result
 of an accident sustained in the performance of duty. The statutory bene-
 ficiary  or  beneficiaries  of  Patricia  Espinosa  shall be eligible to
 receive the accidental death benefit  and/or  special  accidental  death
 benefit  if  an  application  therefor  is  filed within one year of the
 effective date of this act. Any amounts paid by the New York  state  and
 local  police  and  fire retirement system as the result of the death of
 Patricia Espinosa prior to the receipt of the accidental  death  benefit
 and/or  special  accidental death benefit pursuant to this section shall
 be deducted from the benefit payable on an actuarially equivalent  basis
 over  the expected future lifetime of the statutory beneficiary or bene-
 ficiaries.
   § 2. All costs associated with this act shall be borne by  the  county
 of Nassau.
   §  3.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after January 31, 2026.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would make the statutory beneficiaries  of  deceased  police
 officer  Patricia Espinosa eligible to receive an accidental death bene-
 fit pursuant to sections 361 and 361-a  of  the  retirement  and  social
 security law (RSSL). The current death benefit will be recalculated, and
 payment will be made to the statutory beneficiaries retroactive to Janu-
 ary 31, 2026, the date of Patricia Espinosa's death.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14921-04-6
 S. 9596                             2
 
   There will be an immediate past service cost of $3.18 million borne by
 the  county  of  Nassau  as  a  one-time payment. This cost assumes that
 payment will be made on February 1, 2027.
   This  bill  will  not  increase the county of Nassau's annual contrib-
 utions.
   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
 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 March 26, 2026, and intended for use only  during
 the  2026  Legislative Session, is Fiscal Note Number 2026-143. 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.

2025-S9596A (ACTIVE) - Details

See Assembly Version of this Bill:: A10824
Current Committee:: Senate Civil Service And Pensions
Law Section:: Retirement

2025-S9596A (ACTIVE) - Summary

Permits accidental death benefits and/or special accidental death benefits to be awarded to the beneficiary of Patricia Espinosa.

2025-S9596A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9596A

SPONSOR: MATTERA
 
TITLE OF BILL:

An act to permit accidental death benefits and/or special accidental
death benefits to be awarded to the beneficiary of Patricia Espinosa

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that the surviving family of Nassau County Police Officer
Patricia Espinosa is eligible to receive line-of-duty accidental death
benefits by statutorily deeming her January 31, 2026 death to have
occurred as the natural and proximate result of an accident sustained in
the performance of duty.

 
SUMMARY OF PROVISIONS:

Section 1: Notwithstanding the provisions of any law, rule or regulation
to the contrary, Patricia Espinosa, who was a member of the New York
state and local police and fire retirement system employed as a police
officer by the county of Nassau, and who died on January 31, 2026 as the

result of an accident which occurred while she was travelling to work,
shall be deemed to have died as the natural and proximate result of an
accident sustained in the performance of duty.

Section 2: All costs associated with this act shall be borne by the
county of Nassau.

Section 3: This act shall take effect immediately

 
JUSTIFICATION:

On January 31, 2026, Officer Espinosa, a 42-year-old Nassau County
Police Department (NCPD) Officer assigned to the 5th Precinct, was
killed when a suspected drunk driver ran a red light and struck her
vehicle as she drove to report for duty, leaving behind her husband and
their young daughter.

Under existing New York retirement law, accidental and special acci-
dental death benefits generally require that a member's death be "the
natural and proximate result of an accident sustained in the performance
of duties." This means that if you die as the natural and proximate
result of an on-the-job accident not due to your own willful negligence,
an accidental death benefit may be payable on your behalf, regardless of
your years of service credit.

Due to the violent nature of her crash and her intent to begin her tour
of duty, this legislation declares the intent to treat her death as
incurred in the performance of duty.

A majority of our men and women in blue will render assistance like they
are on-duty when they travel to their precinct. This was evidenced by
her husband Francisco Malaga, who is also a member of the NCPD, jumping
into action at her accident before sadly coming to the realization that
it was his wife who was the victim. In essence, they were both on duty
during the incident.


In 2024, the Legislature enacted Chapter 313 (S.7586A/A.8131A), which
similarly deemed Port Authority Police Officer Anthony Varvaro to have
died as the natural and proximate result of an accident sustained in the
performance of duty, recognizing that his fatal crash while driving to a
9/11 assignment warranted line-of-duty treatment for purposes of retire-
ment benefits.

Officer Espinosa's death presents closely analogous facts and equities:
she was in route to her tour of duty, engaged in no personal frolic, and
killed solely because of another driver's alleged intoxication and traf-
fic violation.

This bill therefore provides a narrow, officer-specific remedy that
aligns her family's treatment with the precedent established in the
Varvaro legislation, without altering the general standards for acci-
dental death across the retirement systems. It appropriately honors
Officer Espinosa's sacrifice and provides needed financial security to
her surviving spouse and child.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

There will be an immediate past service cost of $3.18 million borne by
the county of Nassau as a one-time payment. This cost assumes that
payment will be made on February 1, 2027.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S9596A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9596--A
 
                             I N  S E N A T E
 
                              March 26, 2026
                                ___________
 
 Introduced  by  Sen. MATTERA -- 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  to  permit  accidental death benefits and/or special accidental
   death benefits to be awarded to the beneficiary of Patricia Espinosa

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Notwithstanding  the provisions of any law, rule or regu-
 lation to the contrary, Patricia Espinosa, who was a member of  the  New
 York  state  and  local  police and fire retirement system employed as a
 police officer by the county of Nassau, and who died on January 31, 2026
 as the result of an accident which occurred while she was travelling  to
 work,  shall  be deemed to have died as the natural and proximate result
 of an accident sustained in the performance of duty. The statutory bene-
 ficiary or beneficiaries of  Patricia  Espinosa  shall  be  eligible  to
 receive  the  accidental  death  benefit and/or special accidental death
 benefit if an application therefor is  filed  within  one  year  of  the
 effective  date  of this act. Any amounts paid by the New York state and
 local police and fire retirement system as the result of  the  death  of
 Patricia  Espinosa  prior to the receipt of the accidental death benefit
 and/or special accidental death benefit pursuant to this  section  shall
 be  deducted from the benefit payable on an actuarially equivalent basis
 over the expected future lifetime of the statutory beneficiary or  bene-
 ficiaries.
   §  2.  All costs associated with this act shall be borne by the county
 of Nassau and may be amortized over a period of ten years.
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after January 31, 2026.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  make the statutory beneficiaries of deceased police
 officer Patricia Espinosa eligible to receive an accidental death  bene-
 fit  pursuant  to  sections  361  and 361-a of the retirement and social
 security law (RSSL). The current death benefit will be recalculated, and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14921-06-6
 S. 9596--A                          2
 
 payment will be made to the statutory beneficiaries retroactive to Janu-
 ary 31, 2026, the date of Patricia Espinosa's death.
   There will be an immediate past service cost of $3.18 million borne by
 the  county  of  Nassau  as  a  one-time payment. This cost assumes that
 payment will be made on February 1, 2027. If the county of Nassau elects
 to amortize this cost over 10 years, the cost  for  each  year  will  be
 $407,000.
   This  bill  will  not  increase the county of Nassau's annual contrib-
 utions.
   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
 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 1, 2026, and intended for use  only  during
 the  2026  Legislative Session, is Fiscal Note Number 2026-178. 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.

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Senate Bill S9596A

Sponsored By

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

Actions

Bill Amendments

2025-S9596 - Details

2025-S9596 - Summary

2025-S9596 - Sponsor Memo

2025-S9596 - Bill Text download pdf

2025-S9596A (ACTIVE) - Details

2025-S9596A (ACTIVE) - Summary

2025-S9596A (ACTIVE) - Sponsor Memo

2025-S9596A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

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Senate Bill S9596A

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Sponsored By

Mario R. Mattera

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

Actions

Bill Amendments

2025-S9596 - Details

2025-S9596 - Summary

2025-S9596 - Sponsor Memo

2025-S9596 - Bill Text download pdf

2025-S9596A (ACTIVE) - Details

2025-S9596A (ACTIVE) - Summary

2025-S9596A (ACTIVE) - Sponsor Memo

2025-S9596A (ACTIVE) - Bill Text download pdf

Comments