What's happening
This bill extends the deadline to apply for accidental death benefits for certain public retirement systems from two to five years after a member's death.
Why it matters
Provides grieving families more time. to file for accidental death benefits, recognizing that navigating financial and legal matters after a loved one's death can take longer than two years, especially in complicated or traumatic circumstances.
May increase financial security for survivors. by allowing more eligible families to access potentially substantial accidental death benefits that might otherwise be forfeited due to missed deadlines.
Could increase costs for state and local governments. and participating employers in the relevant retirement systems, as more families may qualify for and receive benefits, though the exact fiscal impact is difficult to predict.
Covers deaths related to World Trade Center conditions. and military service as well as on-the-job accidents, ensuring a broader range of beneficiaries can access support if their applications are delayed for any reason.
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Who cares
Beneficiaries of deceased public employees, police officers and firefighters
The bill would give eligible applicants five years after a member’s death to file for accidental death benefits, replacing two-year deadlines and a 60-day deadline under the amended provisions.
Beneficiaries of members with qualifying World Trade Center conditions
The extended filing window would cover claims involving eligible vested members who die from qualifying World Trade Center conditions.
State Comptroller and retirement system administrators
They would review accidental death benefit applications filed within the expanded window for deaths occurring on or after January 1, 2020.
New York State and participating ERS and PFRS employers
They would bear any additional benefit costs arising from claims filed during the extended period.
Headline styles
Extend Death Benefit Deadline
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.253
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.200
- Substituted for A7892
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1445
- Referred to rules
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.
Extend Death Benefit Deadline
Assembly Floor Calendar · Sponsor Peter Abbate
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6313
2019-2020 Regular Sessions
IN SENATE
June 4, 2019
Introduced by Sen. GOUNARDES -- (at request of the State Comptroller) -read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the retirement and social security law, in relation to extending the period of time to file an application for an accidental death benefit after the death of a member of the New York state and local employees' retirement system or the New York state and local police and fire retirement system
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The section heading and the opening paragraph of subdivision a of section 61 of the retirement and social security law, as amended by chapter 336 of the laws of 1960, are amended to read as follows:
[Accidential] Accidental death benefit.
An [accidential] accidental death benefit and the reserve-for-increased-take-home-pay shall be payable upon the death of a member if, upon application filed within [two] five years after the death of such member, the comptroller shall determine, on the basis of the evidence, that such member:
§ 2. The opening paragraph of subdivision a of section 361 of the retirement and social security law, as added by chapter 1000 of the laws of 1966, is amended to read as follows:
An accidental death benefit and the reserve-for-increased-take-homepay shall be payable upon the death of a member if, upon application, filed within [two] five years after the death of such member the comptroller shall determine, on the basis of the evidence, that such member:
§ 3. The opening paragraph of subdivision a of section 509 of the retirement and social security law, as amended by chapter 489 of the laws of 2008, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08969-04-9
S. 6313 2
The eligible beneficiary of a member in service, or a vested member that dies as a result of a qualifying World Trade Center condition as defined in section two of this chapter, shall be entitled to an accidental death benefit in the form of a pension equal to fifty percent of such member's final average salary if, upon application filed within [two] five years after the death of the member, the head of the retirement system determines that such member:
§ 4. Subdivision a of section 607 of the retirement and social security law, as amended by chapter 582 of the laws of 2011, is amended to read as follows:
a. The eligible beneficiary of a member in service, or of a vested member who dies as a result of a qualifying World Trade Center condition as defined in section two of this chapter, shall be entitled to an accidental death benefit in the form of a pension equal to fifty percent of such member's wages earned during his or her last year of actual service or his or her annual wage rate if he or she was credited with less than one year of service since last becoming a member, if, upon application filed within [sixty days] five years after the death of the member, the head of the retirement system determines that such member died before the effective date of retirement, as the natural and proximate result of an accident not caused by his or her own willful negligence sustained in the performance of his or her duties in active service and while actually a member of the retirement system.
Notwithstanding the provisions of section two hundred forty-two, two hundred forty-three or two hundred forty-four of the military law or the provisions of any other law to the contrary and solely for the purpose of determining eligibility for an accidental death benefit, a member shall be considered to have died as the natural and proximate result of an accident sustained in the performance of duty provided such member was on the payroll in the service upon which membership is based at the time he or she was ordered to active duty pursuant to Title 10 of the United States Code, with the armed forces of the United States or to service in the uniformed services pursuant to Chapter 43 of Title 38 of the United States Code and died while on such active duty or service in the uniformed services on or after June fourteenth, two thousand five.
Provided, however, the head of the retirement system in its sole discretion may accept an application for an accidental death benefit after the expiration of the [sixty day] applicable filing period, where, but only where, an ordinary death benefit has not been previously paid.
§ 5. Notwithstanding any other provision of law to the contrary, the provisions of this act shall not be subject to the provisions of section twenty-five of the retirement and social security law requiring an appropriation in an amount equal to the value of the benefits associated with prior service when enacted on a statewide basis. This act extends the filing deadline for accidental death benefits from two to five years following the death of an active member occurring on or after January 1, 2020. Since it is impossible to determine the number of members who could be affected by this act specifically, the number of members who participated in World Trade Center rescue, recovery or cleanup operations and who will qualify for a death benefit, it cannot be readily determined the amount, if any, of an appropriation.
§ 6. This act shall take effect January 1, 2020 and shall apply to the death of a member occurring on or after such date.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would extend the filing deadline for accidental death bene-
fits to 5 years following the death of an active member of certain
S. 6313 3
public retirement systems. Currently the filing deadline is 2 years. The
filing extension will apply only to those deaths occurring on or after
January 1, 2020. The provisions of Section 25 of the Retirement and
Social Security Law (RSSL) will not apply.
If this bill is enacted, insofar as it would affect the New York State
and Local Employees' Retirement System (ERS) and the New York State and
Local Police and Fire Retirement System (PFRS), it is estimated that
there would be an average per person cost of approximately 3.5 times
final salary on behalf of affected ERS members and 11 times final salary
on behalf of affected PFRS members whose applications are filed within
the extended period.
The number of members and retirees who could be affected by this
legislation cannot be readily determined. Those costs arising in ERS
would be borne by the State of New York and all the participating
employers in ERS. Those costs arising in PFRS would be borne by the
State of New York and all the participating employers in PFRS.
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 13, 2019, and intended for use only during
the 2019 Legislative Session, is Fiscal Note No. 2019-113, 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.
Sponsor's memo
Title of bill
An act to amend the retirement and social security law, in relation to extending the period of time to file an application for an accidental death benefit after the death of a member of the New York state and local employees' retirement system or the New York state and local police and fire retirement system
Purpose
The purpose of this bill is to extend the period of time to 5 years within which to file an application for an Accidental Death Benefit after the death of a member of the New York State and Local Retirement System or the New York State and Local Police and Fire Retirement System (collectively NYSLRS).
Summary of provisions
Section 1 of this bill amends the section heading and the opening para- graph of subdivision a of section 61 of the retirement and social secu- rity law to establish that an accidental death benefit shall be payable upon the death of a eligible member upon application filed within five years after the death of a member rather than within two years.
Read the full memo (813 words)
Section 2 of this bill amends the opening paragraph of subdivision a of section 361 of the retirement and social security law to establish that an accidental death benefit shall be payable upon the death of a eligi- ble member upon application filed within five years after the death of a member rather than within two years.
Section 3 of this bill amends the opening paragraph of subdivision a of section 509 of the retirement and social security law to establish that an accidental death benefit shall be payable upon the death of a eligi- ble member upon application filed within five years after the death of a member rather than within two years.
Section 4 of this bill amends subdivision a of section 607 of the retirement and social security law to establish that an accidental death benefit shall be payable upon the death of a eligible member upon appli- cation filed within five years after the death of a member rather than within sixty days.
Section 5 of this bill notwithstands the provisions of Section 25 of the Retirement and Social Security Law.
Section 6 of this bill provides for an effective date of January 1, 2020 and further provides that the provisions of the bill shall apply to the death of a member occurring on or after such date.
Prior legislative history
A.11100/S.8895 of 2018
Justification
Currently, the beneficiaries of NYSLRS members must file for an Acci- dental Death Benefit within either 60 days of a member's death or within two years of a member's death, depending on the deceased member's tier and system. On occasion, the grieving process may prevent beneficiaries from becoming aware of this benefit until after the filing period has passed. Extending the filing period to five years from the date of the member's death, allows a family sufficient time after the death of their loved one in which to apply for an Accidental Death Benefit. Specif- ically, these death benefits apply to the eligible beneficiaries of vested members who die as a result of a qualifying World Trade Center condition.
It is of utmost importance to the Comptroller to ensure that these bene- ficiaries be given ample opportunity to take advantage of every benefit available to them pursuant to the Retirement and Social Security Law. Additionally, it standardizes the period in which to file for an Acci- dental Death Benefit to 5 years from the member's date of death, across the membership of NYSLRS.
Finally, the bill provides that notwithstanding any other provision of law to the contrary, the provisions of this bill shall not be subject to the provisions of section twenty-five of the retirement and social secu- rity law requiring an appropriation in an amount equal to the value of the benefits associated with prior service when enacted on a statewide basis. This bill extends the filing deadline for accidental death bene- fits from two to five years following the death of an active member occurring on or after January 1, 2020. Since it is impossible to deter- mine the number of members who could be affected specifically, and the number of members who participated in World Trade Center rescue, recov- ery or cleanup operations and who will qualify for an accidental death benefit, it cannot be readily determined the amount, if any, of an appropriation.
Accordingly, the Comptroller urges passage of this legislation.
Budget implications
This bill would have costs to the State; however, the number of members and retirees who could be affected by this legislation cannot be readily determined and, therefore, the actual cost to the State is undetermina- ble as well.
Effective date
This bill would take effect January 1, 2020 and apply to the death of a member occurring on or after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.