What's happening
This bill allows certain correctional and law enforcement employees in Nassau, Suffolk, and Westchester counties to have enhanced death benefits for their beneficiaries.
Why it matters
Provides a significant financial safety net. The bill allows the families of eligible correctional and law enforcement employees to receive a lump-sum payment equal to the pension reserve or the highest available death benefit, whichever is greater, if the employee dies while eligible for retirement. This could result in a much larger benefit than standard death benefits, offering increased financial security for survivors.
Targets employees with high-risk jobs. Correction officers, sheriffs, and related personnel often face dangerous work environments. By enhancing death benefits specifically for these employees, the legislation recognizes the unique risks inherent in their roles and aims to better support their families in case of a tragedy.
Creates a new financial obligation for counties. Nassau, Suffolk, and Westchester counties will be responsible for both increased annual contributions and a substantial one-time past service cost (about $8.94 million total, split evenly). This could impact county budgets or negotiations with employee unions, making local fiscal management and planning more complex.
Could affect recruitment and retention. Enhanced benefits may make these law enforcement and correctional positions more attractive by providing a stronger safety net for employees’ families, potentially aiding in recruitment and retention in a field where staffing challenges are common.
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Who cares
Beneficiaries of eligible county employees
They could elect a lump sum equal to the greater of the employee’s pension reserve at death or the existing death benefit plus any reserve for increased take-home pay.
Covered correction officers, sheriffs and wardens in Nassau, Suffolk and Westchester
The bill would extend this death-benefit option to their beneficiaries if they die eligible for service retirement on or after the effective date.
Nassau, Suffolk and Westchester county governments
Each county would pay one-third of the bill’s past service costs, with the fiscal note also projecting increased annual retirement contributions.
New York State and Local Employees’ Retirement System
The system would administer the new benefit election for covered retirement-eligible members in tiers 3 through 6.
Headline styles
Expand Death Benefits Coverage
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to governmental employees
- Referred to governmental employees
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Death Benefits Coverage
In Senate Committee · Civil Service And Pensions · Sponsor Andrew Gounardes
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7923
2019-2020 Regular Sessions
IN ASSEMBLY
May 28, 2019
Introduced by M. of A. ABBATE -- read once and referred to the Committee on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to death benefits for certain members employed by Nassau, Suffolk or Westchester county
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The retirement and social security law is amended by adding a new section 508-b to read as follows:
§ 508-b. Death benefits for certain members employed by Nassau county, Suffolk county or Westchester county. 1. As used in this section, the following terms shall have the following meanings:
(a) "Nassau county employee" shall mean a correction officer, uniformed correction division personnel, sheriff, undersheriff or deputy sheriff, as defined in section eighty-nine-g of this chapter.
(b) "Suffolk county employee" shall mean any warden, deputy warden, correction captain, correction lieutenant, correction lieutenant investigator, correction sergeant, correction sergeant investigator, correction investigator, correction officer, sheriff, undersheriff or deputy sheriff who is employed by Suffolk county.
(c) "Westchester county employee" shall mean a sheriff, deputy sheriff, undersheriff, correction officer, correction officer-sergeant, correction officer-captain, assistant warden, associate warden or warden who is employed by Westchester county and in a plan that allows for immediate retirement upon the completion of a specified period of service without regard to age.
2. Notwithstanding any provision of law to the contrary, where a Nassau county employee, Suffolk county employee or Westchester county employee would have been entitled to a service retirement benefit at the time of his or her death and where his or her death occurs on or after the effective date of this section, the beneficiary or beneficiaries may
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11413-03-9
A. 7923 2
elect to receive, in a lump sum, an amount payable which shall be equal to the pension reserve that would have been established had the member retired on the date of his or her death, or the value of the death benefit and the reserve-for-increased-take-home-pay, if any, whichever is greater.
§ 2. The retirement and social security law is amended by adding a new section 606-b to read as follows:
§ 606-b. Death benefits for certain members employed by Nassau county, Suffolk county or Westchester county. 1. As used in this section, the following terms shall have the following meanings:
(a) "Nassau county employee" shall mean a correction officer, uniformed correction division personnel, sheriff, undersheriff or deputy sheriff, as defined in section eighty-nine-g of this chapter.
(b) "Suffolk county employee" shall mean any warden, deputy warden, correction captain, correction lieutenant, correction lieutenant investigator, correction sergeant, correction sergeant investigator, correction investigator, correction officer, sheriff, undersheriff or deputy sheriff who is employed by Suffolk county.
(c) "Westchester county employee" shall mean a sheriff, deputy sheriff, undersheriff, correction officer, correction officer-sergeant, correction officer-captain, assistant warden, associate warden or warden who is employed by Westchester county and in a plan that allows for immediate retirement upon the completion of a specified period of service without regard to age.
2. Notwithstanding any provision of law to the contrary, where a Nassau county employee, Suffolk county employee or Westchester county employee would have been entitled to a service retirement benefit at the time of his or her death and where his or her death occurs on or after the effective date of this section, the beneficiary or beneficiaries may elect to receive, in a lump sum, an amount payable which shall be equal to the pension reserve that would have been established had the member retired on the date of his or her death, or the value of the death benefit and the reserve-for-increased-take-home-pay, if any, whichever is greater.
§ 3. Notwithstanding any other provision of law to the contrary, none of the provisions of this act shall be subject to the appropriation requirement of section 25 of the retirement and social security law.
§ 4. All past service costs associated with this act shall be paid by the counties of Nassau, Suffolk and Westchester. Each such county shall be responsible for one-third of such costs.
§ 5. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would modify the in-service death benefit for retirement
eligible tiers 3 through 6 members of the New York State and Local
Employees' Retirement System who are employed by Nassau, Suffolk or
Westchester counties and are in certain correction officer, deputy sher-
iff and warden job titles. The in-service death benefit will be the
value of the pension reserve as if the member had retired on their date
of death.
If this legislation is enacted during the 2019 legislative session, we
anticipate that there will be an increase in the annual contributions of
the counties of Nassau, Suffolk and Westchester of approximately
$110,000, $160,000 and $93,000, respectively.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $8.94 million, of which
A. 7923 3
$2.98 million is to be borne by each of the counties of Nassau, Suffolk
and Westchester as a one-time payment.
These estimated costs are based on 940, 1,234 and 879 affected members
employed by the counties of Nassau, Suffolk and Westchester, respective-
ly, with salaries of approximately $106 million, $154 million and $88
million, respectively.
Summary of relevant resources:
The membership data used in measuring the impact of the proposed
change was the same as that used in the March 31, 2018 actuarial valu-
ation. Distributions and other statistics can be found in the 2018
Report of the Actuary and the 2018 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017 and 2018 Annual Report to the Comptroller on Actuarial
Assumptions, and the Codes, Rules and Regulations of the State of New
York: Audit and Control.
The Market Assets and GASB Disclosures are found in the March 31, 2018
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated May 16, 2019, and intended for use only during
the 2019 Legislative Session, is Fiscal Note No. 2019-2, prepared by the
Actuary for the New York State and Local Retirement System.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.