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S10435Senate2025-2026 Session

Let Spouses Keep Death Benefits

Official title

“Permits surviving spouses of certain members to retain accidental death benefits upon remarriage”

Sponsor Robert JacksonSD-31Affects Finance
Status
In Senate Committee
Civil Service And Pensions
Impact
5/10
Moderate
Passage
16%

Bill progress

Step 2 of 7

In committee · Civil Service And Pensions

What's happening

This bill allows surviving spouses to keep accidental death benefits even if they remarry.

Why it matters

  1. This bill directly impacts surviving spouses of public employees across New York State who receive accidental death benefits, ensuring financial stability for those who choose to remarry.

  2. It represents a significant change to existing law by overturning previous rules that terminated these benefits upon remarriage, and even restores payments retroactively for those who lost them in the past.

  3. The legislation could particularly benefit families of police officers, firefighters, and other public servants who died in the line of duty, providing ongoing support regardless of a surviving spouse's future marital status.

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Who cares

  • Surviving Spouses of Public Employees

    Individuals who lost a spouse due to an accidental death in public service and have remarried, or may remarry in the future, as they would now retain or regain access to accidental death benefits.

  • Families of Deceased Public Employees

    Households relying on accidental death benefits for financial stability could benefit from expanded eligibility and reinstatement provisions.

  • Likely support

    Public Employee Unions and Advocacy Groups

    Organizations representing public workers may support the bill as it enhances the financial security of their members' families.

  • State Retirement and Pension Administrators

    Agencies responsible for administering benefits need to adjust policies and systems to comply with the new eligibility rules, including retroactive payments.

Headline styles

Let Spouses Keep Death Benefits

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Robert Jackson

Senator · Senate District 31

Chair, Civil Service And Pensions

No co-sponsors yet.

History

  1. Referred to civil service and pensions

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

10435

IN SENATE

May 15, 2026

Introduced by Sen. JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the retirement and social security law, in relation to permitting surviving spouses of certain members to retain accidental death benefits upon remarriage

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision b of section 607 of the retirement and social security law, as amended by chapter 105 of the laws of 2005, is amended to read as follows:

b. If an eligible beneficiary receiving the accidental death benefit hereunder becomes ineligible to continue to receive such benefit, the benefit shall be continued for all other members of the eligible class of beneficiaries and, if none, to each successive class, if any, during their eligibility therefor. Notwithstanding any provision of law to the contrary, including but not limited to section six hundred one of this article, a surviving spouse remains an eligible beneficiary for the accidental death benefit hereunder upon remarriage.

§ 2. Section 607 of the retirement and social security law is amended by adding a new subdivision d to read as follows:

d. Any surviving spouse whose receipt of the accidental death benefit hereunder has ceased as a result of the remarriage of such surviving spouse shall be deemed eligible for such benefit and shall have such benefit reinstated retroactive to the date of such remarriage.

§ 3. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD14574-01-6

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 permitting surviving spouses of certain members to retain accidental death benefits upon remarriage

Purpose or general idea of bill

To extend World Trade Center acci- dental death benefits to surviving spouses who remarry.

Summary of provisions

Section 1 amends subdivision b of section 607 of the Retirement and Social Security Law by providing that a surviving spouse remains an eligible beneficiary for accidental death benefits upon remarriage

Section 2 amends section 607 of the Retirement and Social Security Law by adding a new subdivision d which provides for retroactive rein- statement of accidental death benefits for surviving spouses whose receipt of the same ceased as a result of their remarriage

Section 3 states the effect date of the legislation

Justification

This bill seeks to ensure that all surviving spouses of eligible retire- ment plan members who died due to their efforts in the World Trade Center rescue and recovery operations are permitted to remarry without forfeiting the financial security promised by accidental death benefits. In so doing, this bill remedies an inequity currently faced by the widows and widowers of Tier 4 and 6 retirement plan members. Unlike Tier 2 and 3 members, the surviving spouses of Tier 4 and 6 members cease to be eligible for World Trade Center accidental death benefits in the event that they remarry. There is no rational basis for this inequity.

The purpose of these accidental death benefits has been to provide long- term financial stability for the families of the public servants who courageously risked their lives in the wake of the World Trade Center tragedy of September 11, 2001. Remarriage does not necessarily eliminate the financial needs or obligations of the surviving spouses, particular- ly if they share children with the deceased member or have ongoing financial commitments arising from their marriage.

Additionally, continuing the accidental death benefits after remarriage is a way to honor and respect the memory and service of the fallen member. It maintains a lasting gesture of gratitude and acknowledgment from the community for the service rendered by the member.

Extending these benefits to Tier 4 and 6 spouses puts them on par with Tier 3 and 2 spouses and gives them full freedom to remarry.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.