New York State Bar Association Commends Legislature for Passing Death Gamble Bill

New York State Bar Association Commends Legislature for Passing Death Gamble Bill

6.13.2025

By Susan DeSantis

New York State Bar Association President Kathleen Sweet issued the following statement in response to the Legislature passing S5083(Sepulveda)/A5898(Tapia), which is known as the Death Gamble bill:

“By passing this bill, the Legislature has reaffirmed its commitment to equity in our public retirement system. The legislation offers judges who are still serving the ability to ensure that their loved ones will receive the pension benefits they deserve. It is a compassionate and common-sense fix to a longstanding injustice. We urge Gov. Hochul to honor the service of New York’s public employees and their families by signing S5083/A5898 into law.”

In 2015, the New York State Bar Association adopted a resolution supporting the amendment of section 60 of the Retirement and Social Security law to allow state-paid judges to elect to have their beneficiaries receive a pension in lieu of the death benefit, upon their death while in service, giving state-paid judges the same benefits that are provided to most other state employees.

Last year, the New York State Bar Association expressed disappointment when the governor vetoed the Death Gamble bill. It remains an oversight that surviving family members of judges and other public servants are denied the death benefit that other state workers receive.