BILL NUMBER: S9666 Revised 5/24/2024
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 (if a student, age 23) 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
department 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;
* deceased paid member of the uniformed correction force of the New
York city department of correction;
* a deceased paid uniformed member of a county sheriffs 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
emergency 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 employ-
ees' 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
To reflect 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, as it relates the the New York City Employees' Retirement
System, specifically death benefits, accidental death benefits (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-homepay 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 subdivision 2 and 3 of section 13-244 of the adminis-
trative code of the city of New York, 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 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 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 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 proving 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 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 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 children of the deceased if there is no surviv-
ing 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-homepay, 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 an individual who has received benefits and will see a
reduction to conform with this act would not be required to repay any
such benefits 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:
New bill.
 
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.