What's happening
This bill increases burial assistance benefits for public assistance recipients to $3,000-$4,000, expands eligibility, and streamlines payments during state disasters.
Why it matters
Raises the minimum and maximum state burial assistance benefit to $3,000–$4,000. , which is a significant increase from the previous $500 cap; this can ease the financial burden on low-income families during a vulnerable moment.
Expands eligibility to more people in need. , including those who can demonstrate inability to pay (not just those already receiving specific federal or state benefits) and explicitly removes immigration status as a barrier—potentially aiding undocumented New Yorkers or those who fall outside traditional safety nets.
Streamlines and accelerates the payment process during state disaster emergencies. (e.g., pandemics, natural disasters) by bypassing reimbursements to families and instead making direct payments to funeral service providers within 15 days, reducing delays and out-of-pocket costs for grieving families.
Modernizes and clarifies the law’s language. for instance, adopting gender-neutral terminology and specifying direct payments to a broader range of funeral-related businesses—making the law more inclusive and easier to administer.
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Who cares
Headline styles
Expand Burial Assistance Benefits
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to social services
- Referred to social services
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
890
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services
AN ACT to amend the social services law, in relation to assistance for burial arrangements
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 3 and 4 of section 141 of the social services law, subdivision 3 as added by chapter 772 of the laws of 1958, subparagraphs 1 and 2 of paragraph (a) of subdivision 3 as amended by chapter 110 of the laws of 1971, paragraph (b) of subdivision 3 as amended by chapter 342 of the laws of 1965, subdivision 4 as added by chapter 1080 of the laws of 1974, are amended and a new subdivision 7 is added to read as follows:
3. (a) When burial arrangements for a recipient of public assistance or care are made by relatives or friends of the deceased and the expense of such burial does not exceed the amount fixed by the appropriate public welfare official or the local appropriating body for similar burials in similar circumstances, such public welfare official may:
(1) if such relatives or friends were required to pay the expense of such burial in order to arrange the same, wholly or partly reimburse them, from assets transferred or assigned to such social services official by or on behalf of the deceased recipient; but [he] such public welfare official shall not reimburse a legally responsible relative of the deceased for any part of the amount paid by [him] such relative which in the judgment of such social services official such relative is able to bear; nor shall such official expend from such assets for such purpose more than is permitted by or pursuant to this section, other provisions of this chapter and regulations of the department. The reimbursement benefit pursuant to this subparagraph shall not be less than three thousand dollars or exceed four thousand dollars.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02277-01-5
(2) pay part of the expense of such burial, if, and to the extent and under the circumstances, permitted by [his] such public welfare official's local policy, which shall not be inconsistent with this chapter, and the regulations of the department; but in no case shall such social services official pay more than the balance remaining to be paid after the total of the amounts paid or to be paid by all other sources, including payments made or to be made by such legally responsible relatives of the deceased as are in the judgment of such official able to bear the same, is credited to and deducted from such expense.
(b) In no case shall a public welfare official expend, pursuant to the provisions of this section or any other provision of this chapter, for the burial of a recipient of public assistance or care, from assets transferred or assigned to [him] such public welfare official by or on behalf of such recipient, an amount which shall be less than three thousand dollars or in excess of [five hundred] four thousand dollars.
4. For purposes of this section, the term "recipient of public assistance and care" shall include persons [receiving] eligible for federal supplemental security income benefits pursuant to title sixteen of the federal social security act [and/or], additional state payments pursuant to title six of article five of this chapter and/or if such person can otherwise demonstrate an inability to pay as determined by the commissioner. Notwithstanding any provision of law to the contrary, the eligibility of a person to receive benefits pursuant to this section shall not take into account the immigration status of such person.
7. Notwithstanding any provision of law to the contrary, during a state disaster emergency, as defined in section twenty of the executive law, no reimbursement payments shall be made pursuant to subparagraph one of paragraph (a) of subdivision three of this section and all applications for assistance pursuant to this section shall be processed, approved or denied, and direct payment made to the funeral firm, cemetery organization or business operating a crematory, columbarium or other business, who also controls the disposition of remains, as applicable, within fifteen days.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to assistance for burial arrangements
Purpose
The purpose of this bill is to ensure that sufficient financial assist- ance for burials and cremations is made available to qualifying rela- tives of recently deceased individuals, regardless of their immigration status.
Summary of provisions
Section 1 amends the social service law and the laws of 1958, 1965, and 1974, adding a new subdivision 7. The bill increases the existing mini- mum benefit towards burial or cremation expenses to $3,000, with a buri- al or cremation expense cap set at no more than $4,000. Additionally, it expands the qualifying individuals to include anyone who would have otherwise financially qualified for SSI or public assistance, regardless of immigration status. This bill would also require that during a state of emergency or a pandemic, processing for grant applications must be approved or denied within 15 calendar days and payment made to the funeral home making the arrangements for the family.
Section 2 states the act shall take effect immediately after the signing of this bill into law.
Justification
This bill ensures that a financial hardship is not placed on families already faced with the heartbreak of the death of a loved one. The cost for burials has increased significantly over the years. For many fami- lies, coming up with thousands of dollars to provide for a proper funer- al service and burial are financially impossible.
While New York State law provides for financial assistance for the funeral arrangements, burials, or cremation where the deceased or requesting family member receives public assistance, the current law does not account for the drastic increase in the costs. Many families already face financial hardships and simply cannot afford to pay thou- sands of dollars for a loved one's burial or cremation. The COVID-19 pandemic has presented an even greater challenge, as we have seen an unprecedented number of families, many of them undocumented, faced with the death of a loved one due to this virus. Many are unable to afford the burial expenses and do not qualify for any help. This bill will expand qualifying individuals to include undocumented persons.
The current burial assistance law functions as a reimbursement, forcing families to forward hundreds of dollars and wait months for repayment. This bill will require that during a pandemic or a state of emergency, all applications be processed within 15 calendar days and that payment be made directly to a funeral home.
Legislative history
S.471 of 2023-2024; Referred to Social Services
S. 2108 of 2021-22; Referred to Social Services
S. 8276 of 2020; Referred to Social Services
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.