BILL NUMBER: S6401
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the retirement and social security law and the adminis-
trative code of the city of New York, in relation to death benefits for
members of the uniformed force of the New York city department of sani-
tation and members of the uniformed force of the New York city depart-
ment of correction
 
PURPOSE:
To provide enhanced death benefits to the beneficiaries of sanitation
workers and corrections officers in New York City.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision b of Section 448 of the Retirement and
Social Security Law to provide that when certain uniformed employees are
eligible for a service retirement benefit but still actively employed
die before they take that benefit, their beneficiaries may elect to
receive the value of the decedent's pension or a death benefit and the
reserve-for-increased-take-home-pay, whichever is greater.
Section 2 amends subdivision b of Section 508 of the Retirement and
Social Security Law to provide that when certain uniformed employees are
eligible for a service retirement benefit but still actively employed
die before they take that benefit, their beneficiaries may elect to
receive the value of the decedent's pension or a death benefit and the
reserve-for-increased-take-home-pay, whichever is greater.
Section 3 amends subdivision b of Section 606 of the Retirement and
Social Security Law to provide that when certain uniformed employees are
eligible for a service retirement benefit but still actively employed
die before they take that benefit, their beneficiaries may elect to
receive the value of the decedent's pension or a death benefit and the
reserve-for-increased-take-home-pay, whichever is greater.
Section 4 amends Section 13-148 of the New York City Administrative Code
to provide that when certain uniformed employees are eligible for a
service retirement benefit but still actively employed die before they
take that benefit, their beneficiaries may elect to receive the value of
the decedent's pension or a death benefit and the reservefor-increased-
take-home-pay, whichever is greater.
Section 5 is the effective date.
 
JUSTIFICATION:
The officers who patrol New York City's prisons have one of the most
dangerous professions in the state, facing regular instances of assault
from inmates or the visiting public. The number of assaults on
corrections officers statewide jumped from 556 in 2007 to 760 in 2016.
The officers who patrol our streets, collecting garbage, removing snow,
and keeping the streets clean face a different set of dangers. Data
from the Bureau of Labor Statistics shows that sanitation workers have
the fifth highest fatal work injury rate among civilian occupations in
2016, nearly ten times higher than workers in all other industries.
Garbage and refuse collectors handle materials such as broken glass,
tree limbs, and biological waste that could infect, poison or injure
them. They are forced to work long hours in grueling temperatures and
are prone to sprains, strains, and overextension injuries as they handle
heavy loads without breaks. They can easily lose a hand from a hopper
door slamming down or get hit with flying debris.
Many corrections and sanitation workers seek to retire with a well-
fought public pension once they reach retirement age and are fully vest-
ed, rightfully predicting that the longer they stay in their jobs, the
more likely they will someday become the victim of an assault or acci-
dent that seriously injures or kills them. There is thus insufficient
incentive to continue reporting to a job that presents great risk and
little reward for each additional year served. Yet at the same time, the
City of New York would benefit greatly from keeping these seasoned
public servants around to teach younger generations.
This bill aims to correct this predicament and offer justice to surviv-
ing families by enhancing the death benefits for deceased corrections
officers. Currently, in the majority of cases the families of pension-
eligible corrections and sanitation officers who die before they take
retirement receive a death benefit of three times the officer's final
year earnings raised to the next highest multiple of $1,000. This lump
sum payment leaves many surviving families in the lurch as it provides
for only three years worth of lost wages. This bill would allow these
families the option of receiving either (A) the traditional death bene-
fit of three times final average salary; or (B) the full amount of the
pension the officer earned and would have received if still alive. This
change will both give seasoned, valuable officers more of an incentive
to stay and provide their families a much-needed financial cushion in
the event of their premature death.
 
LEGISLATIVE HISTORY:
2023-2024:  
TITLE OF BILL:
An act to amend the retirement and social security law and the adminis-
trative code of the city of New York, in relation to death benefits for
members of the uniformed force of the New York city department of sani-
tation and members of the uniformed force of the New York city depart-
ment of correction
 
PURPOSE:
To provide enhanced death benefits to the beneficiaries of sanitation
workers and corrections officers in New York City.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision b of Section 448 of the Retirement and
Social Security Law to provide that when certain uniformed employees are
eligible for a service retirement benefit but still actively employed
die before they take that benefit, their beneficiaries may elect to
receive the value of the decedent's pension or a death benefit and the
reserve-for-increased-take-home-pay, whichever is greater.
Section 2 amends subdivision b of Section 508 of the Retirement and
Social Security Law to provide that when certain uniformed employees are
eligible for a service retirement benefit but still actively employed
die before they take that benefit, their beneficiaries may elect to
receive the value of the decedent's pension or a death benefit and the
reserve-for-increased-take-home-pay, whichever is greater.
Section 3 amends subdivision b of Section 606 of the Retirement and
Social Security Law to provide that when certain uniformed employees are
eligible for a service retirement benefit but still actively employed
die before they take that benefit, their beneficiaries may elect to
receive the value of the decedent's pension or a death benefit and the
reserve-for-increased-take-home-pay, whichever is greater.
Section 4 amends Section 13-148 of the New York City Administrative Code
to provide that when certain uniformed employees are eligible for a
service retirement benefit but still actively employed die before they
take that benefit, their beneficiaries may elect to receive the value of
the decedent's pension or a death benefit and the reservefor-increased-
take-home-pay, whichever is greater.
Section 5 is the effective date.
 
JUSTIFICATION:
The officers who patrol New York City's prisons have one of the most
dangerous professions in the state, facing regular instances of assault
from inmates or the visiting public. The number of assaults on
corrections officers statewide jumped from 556 in 2007 to 760 in 2016.
The officers who patrol our streets, collecting garbage, removing snow,
and keeping the streets clean face a different set of dangers. Data
from the Bureau of Labor Statistics shows that sanitation workers have
the fifth highest fatal work injury rate among civilian occupations in
2016, nearly ten times higher than workers in all other industries.
Garbage and refuse collectors handle materials such as broken glass,
tree limbs, and biological waste that could infect, poison or injure
them. They are forced to work long hours in grueling temperatures and
are prone to sprains, strains, and overextension injuries as they handle
heavy loads without breaks. They can easily lose a hand from a hopper
door slamming down or get hit with flying debris.
Many corrections and sanitation workers seek to retire with a well-
fought public pension once they reach retirement age and are fully vest-
ed, rightfully predicting that the longer they stay in their jobs, the
more likely they will someday become the victim of an assault or acci-
dent that seriously injures or kills them. There is thus insufficient
incentive to continue reporting to a job that presents great risk and
little reward for each additional year served. Yet at the same time, the
City of New York would benefit greatly from keeping these seasoned
public servants around to teach younger generations.
This bill aims to correct this predicament and offer justice to surviv-
ing families by enhancing the death benefits for deceased corrections
officers. Currently, in the majority of cases the families of pension-
eligible corrections and sanitation officers who die before they take
retirement receive a death benefit of three times the officer's final
year earnings raised to the next highest multiple of $1,000. This lump
sum payment leaves many surviving families in the lurch as it provides
for only three years worth of lost wages. This bill would allow these
families the option of receiving either (A) the traditional death bene-
fit of three times final average salary; or (B) the full amount of the
pension the officer earned and would have received if still alive. This
change will both give seasoned, valuable officers more of an incentive
to stay and provide their families a much-needed financial cushion in
the event of their premature death.
 
LEGISLATIVE HISTORY:
2023-2024: S.6308 - Referred to Civil Service and Pensions./A.6578
Referred to Governmental Employees
2021-2022: S.6404-A - Amend and Recommit to Civil Service and
Pensions/A.7335-A - Amend and Recommit to Governmental Employees
2019-2020: S.6132-A - Amend and Recommit to Civil Service and
Pensions/A.11161 - Referred to Governmental Employees
 
STATE AND LOCAL FISCAL IMPLICATIONS:
See fiscal note.
 
EFFECTIVE DATE:
This act shall take effect immediately.
2021-2022: S.6404-A - Amend and Recommit to Civil Service and
Pensions/A. 7335-A - Amend and Recommit to Governmental Employees
2019-2020: S.6132-A - Amend and Recommit to Civil Service and
Pensions/A. 11161 - Referred to Governmental Employees
 
STATE AND LOCAL FISCAL IMPLICATIONS:
See fiscal note.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S6401: 448 retirement and social security law, 448(b) retirement and social security law