New York S 4074: Relates to payment of accidental death benefits for members who die while travelling to work

Bill Text

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S04074 Summary:

BILL NOS04074 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORSCARCELLA-SPANTON

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§61, 361, 509 & 607, R & SS L

&nbsp

Provides for payment of accidental death benefits for members who die while travelling from their primary residence directly to their place of business, or to a different location where such member was assigned to perform their duties.

Go to top S04074 Actions:

BILL NOS04074 

&nbsp

01/31/2025REFERRED TO CIVIL SERVICE AND PENSIONS

01/07/2026REFERRED TO CIVIL SERVICE AND PENSIONS

Go to topS04074 Committee&nbspVotes:

Go to topS04074 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04074 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4074

 2025-2026 Regular Sessions

 IN SENATE

 January 31, 2025
 ___________

 Introduced by Sen. SCARCELLA-SPANTON -- 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
 payment of accidental death benefits for members who die while travel-
 ling to work

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

 1 Section 1. Short title. This act shall be known and may be cited as
 2 "Anthony Varvaro's law".
 3 § 2. Section 61 of the retirement and social security law is amended
 4 by adding a new subdivision a-1 to read as follows:
 5 a-1. Notwithstanding any other provision of law to the contrary, a
 6 member shall be considered to have died as the natural and proximate
 7 result of an accident sustained in the performance of duty if such
 8 member is travelling from their primary residence directly to their
 9 place of business, or to a different location where such member was
 10 assigned to perform their duties.
 11 § 3. Section 361 of the retirement and social security law is amended
 12 by adding a new subdivision a-1 to read as follows:
 13 a-1. Notwithstanding any other provision of law to the contrary, a
 14 member shall be considered to have died as the natural and proximate
 15 result of an accident sustained in the performance of duty if such
 16 member is travelling from their primary residence directly to their
 17 place of business, or to a different location where such member was
 18 assigned to perform their duties.
 19 § 4. Section 509 of the retirement and social security law is amended
 20 by adding a new subdivision a-1 to read as follows:
 21 a-1. Notwithstanding any other provision of law to the contrary, a
 22 member shall be considered to have died as the natural and proximate
 23 result of an accident sustained in the performance of duty if such

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08379-01-5

 S. 4074 2

 1 member is travelling from their primary residence directly to their
 2 place of business, or to a different location where such member was
 3 assigned to perform their duties.
 4 § 5. The opening paragraph of subdivision a of section 607 of the
 5 retirement and social security laws, as amended by chapter 253 of the
 6 law of 2019, is amended to read as follows:
 7 The eligible beneficiary of a member in service, or of a vested member
 8 who dies as a result of a qualifying World Trade Center condition as
 9 defined in section two of this chapter, shall be entitled to an acci-
 10 dental death benefit in the form of a pension equal to fifty percent of
 11 such member's wages earned during [his or her] their last year of actual
 12 service or [his or her] their annual wage rate if [he or she was] they
 13 were credited with less than one year of service since last becoming a
 14 member, if, upon application filed within five years after the death of
 15 the member, the head of the retirement system determines that such
 16 member died before the effective date of retirement, as the natural and
 17 proximate result of an accident not caused by [his or her] such member's
 18 own willful negligence sustained in the performance of [his or her]
 19 their duties in active service and while actually a member of the
 20 retirement system. Notwithstanding any other provision of law to