Relates to providing accidental death benefits to domestic partners and the children of domestic partners

§ 1. Amends Subdivisions 3 and 4 of section 208-b of the general munici- pal law, as added by chapter 882 of the laws of 1958 to add domestic partner as defined in the new subdivision 6 and the dependent children of domestic partners to the survivors capable of applying for and receiving a death benefit

§ 2. Section 208-f of the general municipal law is amended by adding two new subdivisions i and j to add domestic partner to people eligible for payment of special accidental death benefit for a deceased member of a pension or retirement system of a police or fire department (outside the city of New York) or a member of a county sheriff department or someone paid as a emergency medical technician.

§ 3. Amends paragraphs 1 and 2 of subdivision d of section 361 of the retirement and social security law, as amended by chapter 733 of the laws of 1990 to include domestic partner as defined by subdivision 6 of section two hundred eight-b of the general municipal law and the depend- ent children of domestic partners to the survivors capable of receiving the pension on account of accidental death and the reserve-for-in- creased-take-home-pay.

§ 4. Amends subdivision d of section 361 of the retirement and social security law by adding a new undesignated paragraph to define domestic partner as defined by subdivision 6 of section two hundred eight-b of the general municipal law.

§ 5. Amends the opening paragraph of subdivision a, the opening para- graph of subdivision b, and the opening paragraph of subdivisions c and a of section 361-a of the retirement and social security law, the open- ing paragraph of subdivision a, the opening paragraph of subdivision b and subdivision e as amended by chapter 733 of the laws of 1990 and subdivision c as amended by chapter 88 of the laws of 2006 are amended and a new subdivision g is added to include domestic partner as defined in subdivision 6 of section two hundred eight-b of the general municipal law and the dependent children of domestic partners to the survivors capable of receiving the special accidental death benefit

§ 6. Amends paragraphs 1 and 2 of subdivision d of section 61 of the retirement and social security law as amended by chapter 141 of the laws of 1977 and adds subdivision e to include surviving domestic partners, as defined by subdivision 6 of section two hundred eight-b of the gener-

al municipal law, to the term widow or widower. Survivors' benefits continue until they enter into a marriage or remarriage or into another domestic partnership relationship..

§ 7. Amends subdivision 7 of section 501 of the retirement and social security law as amended by chapter 408 of the laws of 2000 and a new subdivision 25 is added to include domestic partners as eligible bene- ficiary for the purposes of section five hundred nine off this article. Subdivision 25 includes the definition of domestic partner as defined in subdivision 6 of section two hundred eight-b of the general municipal law when the person, who with respect to another person, when such other person is not a member of a public retirement system or pension fund in a city of one million or more under paragraph one of subdivision b of section five hundred of this article.

§ 8. Amends subdivision d of section 601 of the retirement and social security law as amended by chapter 408 of the laws of 2000 and a new subdivision m is added. This section adds domestic partner to the list of eligible beneficiaries and includes the definition of domestic part- ner as defined in subdivision 6 of section two hundred eight-b of the general municipal law when the person, who with respect to another person, when such other person is not a member of a public retirement system or pension fund in a city of one million or more under paragraph one of subdivision b of section five hundred of this article..

§ 9. Effective date and fiscal note.

Justification

Members serving in uniform services frequently find that their jobs put them at greater risk than the average public employee. Therefore, society has deemed it appropriate that their surviving family is financial assisted in the event that they die in the line of duty. For those members of uniformed services who are in Domestic Partner- ships, their surviving domestic partner and surviving children are in no way provided with the same accidental death benefits as other line of duty officers.

In the post 9/11 legislation that was specific to the World Trade Center attack, this glaring inequity was addressed for those unfortunate line of duty officers and their domestic partners. This inequity needs to be remedied on a permanent basis.

This unfairness is all the more glaring because public employees in New York City and New York State have access to recognition as domestic partnerships for other benefits. It is only in this area that this inap- propriate inequity exists.

Prior legislative history

A8234-B of 2006; A.5709-a of 2008 reported from Local Governments and referred to Ways and Means.

Fiscal implications

If this bill is enacted, insofar as it affects the New York State and Local Employees' Retirement System and the New York State and Local Police and Fire Retirement System, it could lead to more

deaths being classified as "accidental", since it expands the definition of beneficiaries eligible for accidental deaths. For each death newly classified as accidental due to this bill, the cost would depend on the age, service, salary and plan of the affected member. It is estimated that there could be per person one-time costs of approximately three (3) times salary for members in the New York State and Local Employees' Retirement System (ERS), and twelve (12) times salary for members in the New York State and Local Police and Fire Retirement System (PFRS). These costs would be borne by the State of New York and all the participating employers in the ERS and the PFRS.

This estimate, dated January 31, 2008, and intended for use only during the 2008 Legislative Session, is Fiscal Note No. 2008455 prepared by the Actuary for the New York State and Local Employees' Retirement System and the New York State and Local Police and Fire Retirement System.

Claims for Accidental Death Benefits

2001 2002 2003 2004 due to 9/11 ERS 2 22 3 4 PFRS 1 28 7 2

Source Office of the New York State Comptroller Retirement Systems

Effective date

This act shall take effect immediately and shall apply only to members who become deceased on or after the effective date of this act; provided, however, that the amendments to sections 501 and 601 of the retirement and social security law made by sections seven and eight of this act shall expire on the same date as such sections expire pursuant to section 615 of such law.