New York State Bar Association Commends Legislature for Passing Bill Helping Families of New York’s Judges

By Jennifer Andrus

June 12, 2024

New York State Bar Association Commends Legislature for Passing Bill Helping Families of New York’s Judges

6.12.2024

By Jennifer Andrus

The New York State Bar Association applauds the state Legislature for passing S7576A/ A9143, which ensures that a judge’s family can receive state-paid death benefits if the judge dies while in office. Previously, state pension funds were only paid out to beneficiaries if the judge was retired at the time of death.

Passage of the bill, called the “Death Gamble Bill,” allows judges in the Unified Court System to elect to have their beneficiaries receive the pension in lieu of a death benefit if a judge dies while still in service. Often the state pension is a much greater value than the death benefit. Judges will now have the same protection afforded to most other New York State employees.

“This oversight in the law was a travesty that harmed our judges and their families,” said New York State Bar Association President Domenick Napoletano. “We owe it to our public servants to provide comfort and security to their families in the event of an untimely death and to correct a mistake that was made nearly 25 years ago when they were excluded from this benefit. We call on Gov. Hochul to sign this bill.”

Napoletano thanked the bill’s sponsors, state Sen. Luis Sepulveda and Assemblymember Yudelka Tapia, for their support. In 2015, the House of Delegates, the associations governing body, passed a resolution supporting the reforms.

Background

Legislation passed in 2000 removed the “Death Gamble” provisions for other public servants including police officers, firefighters and teachers. The bill excluded members of the judiciary. Many judges enter public service later in their careers and often serve at lower pay during their most lucrative earning years.

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