BILL NUMBER: S9596B
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 $3.20 million borne by
the state of New York as a one-time payment. This cost assumes that
payment will be made on March 1, 2027. This bill will not increase the
state of New York's annual contributions.
 
EFFECTIVE DATE:
This act shall take effect immediately.