S 10360 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S10360 Summary: BILL NO S10360 &nbsp SAME AS No Same As &nbsp SPONSOR SKOUFIS &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Amd §§208-b & 208-f, Gen Muni L; amd §§61, 361 & 509, R & SS L; amd §227-a, Exec L; amd §7, Vol Ffs Ben L; amd §7, Vol Amb Wkr Ben L; amd §16, Work Comp L; amd §§13-149, 13-244, 13-347 & 13-544, NYC Ad Cd &nbsp Recognizes suicide as a line of duty death for the purposes of certain death benefits for public safety officers.

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STATE OF NEW YORK ________________________________________________________________________

10360

IN SENATE

May 15, 2026 ___________

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

AN ACT to amend the general municipal law, the retirement and social security law, the executive law, the volunteer firefighters' benefit law, the volunteer ambulance workers' benefit law, the workers' compensation law and the administrative code of the city of New York, in relation to recognizing suicide as a line of duty death for the purposes of certain death benefits

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

1 Section 1. Section 208-b of the general municipal law is amended by 2 adding a new subdivision 6 to read as follows: 3 6. a. Notwithstanding any other provision of law to the contrary, and 4 solely for the purposes of this section, a member otherwise covered by 5 this section shall be deemed to have died as the natural and proximate 6 result of injuries sustained at a definite time and place and incurred 7 in the performance of duty as a member of such department or force, and 8 not as a result of willful negligence on their part, provided that such 9 member died by suicide where: 10 1. The suicide is secondary to a diagnosis of post-traumatic stress 11 disorder, as described in the most recent edition of the diagnostic and 12 statistical manual of mental disorders published by the American psychi- 13 atric association, as a result of a traumatic event which occurred while 14 in the line of duty; or 15 2. The suicide occurs within forty-five days of the end of exposure to 16 a traumatic event while in the line of duty. 17 b. For purposes of this subdivision, suicides shall be presumed proxi- 18 mate to post-traumatic stress disorder or a qualifying traumatic event 19 unless competent medical evidence proves otherwise. 20 § 2. Section 208-f of the general municipal law is amended by adding a 21 new subdivision l to read as follows: 22 l. 1. Notwithstanding any other provision of law to the contrary, and 23 solely for the purposes of this section, a member otherwise covered by 24 this section shall be deemed to have died as the natural and proximate

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14006-02-6

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1 result of an accident sustained in the performance of duty upon which 2 their membership is based, and not as a result of willful negligence on 3 their part, provided that such member died by suicide where: 4 (i) The suicide is secondary to a diagnosis of post-traumatic stress 5 disorder, as described in the most recent edition of the diagnostic and 6 statistical manual of mental disorders published by the American psychi- 7 atric association, as a result of a traumatic event which occurred while 8 in the line of duty; or 9 (ii) The suicide occurs within forty-five days of the end of exposure 10 to a traumatic event while in the line of duty. 11 2. For purposes of this subdivision, suicides shall be presumed proxi- 12 mate to post-traumatic stress disorder or a qualifying traumatic event 13 unless competent medical evidence proves otherwise. 14 § 3. Section 61 of the retirement and social security law is amended 15 by adding a new subdivision e to read as follows: 16 e. 1. Notwithstanding any other provision of law to the contrary, and 17 solely for the purposes of determining eligibility for an accidental 18 death benefit and/or special accidental death benefit, a member who is a 19 public safety officer shall be considered to have died as the natural 20 and proximate result of an accident sustained in the performance of duty 21 as a public safety officer provided such member was on the payroll in 22 the service upon which membership is based at the time such member died 23 by suicide where: 24 (i) The suicide is secondary to a diagnosis of post-traumatic stress 25 disorder, as described in the most recent edition of the diagnostic and 26 statistical manual of mental disorders published by the American psychi- 27 atric association, as a result of a traumatic event which occurred while 28 in the line of duty; or 29 (ii) The suicide occurs within forty-five days of the end of exposure, 30 while on duty, to a traumatic event. 31 2. For purposes of this subdivision, suicides shall be presumed proxi- 32 mate to post-traumatic stress disorder or a qualifying traumatic event 33 unless competent medical evidence proves otherwise. 34 3. For the purposes of this subdivision, the term "public safety offi- 35 cer" shall mean: (i) any peace officer as defined in section 2.10 of the 36 criminal procedure law; (ii) any correction officer employed by a state 37 or local correctional facility whose duties include maintaining the 38 safety, security, discipline, and custody of incarcerated individuals; 39 (iii) any individual employed on a full-time basis by the state or by a 40 fire department of a municipal corporation, district corporation, or 41 other political subdivision, who is engaged in: (A) firefighting; (B) 42 emergency motor vehicle operation; (C) fire cause and origin investi- 43 gation; (D) the provision of emergency medical services; or (E) hazard- 44 ous materials response; (iv) a legally enrolled member of a volunteer 45 fire company or fire department, or a member of an independent nonprofit 46 firefighting corporation, engaged in the hazards of firefighting; (v) 47 any person acting in good faith at the request or direction of a public 48 safety officer to assist in an emergency response; (vi) any reserve or 49 auxiliary police officer or deputy sheriff while acting under the super- 50 vision and authority of a political subdivision; (vii) any driver or 51 attendant of a licensed emergency medical or advanced life support 52 service engaged in providing emergency care; and (viii) any certified 53 first responder who is a member of an organized service recognized by a 54 local political subdivision to provide initial emergency medical assist- 55 ance prior to the arrival of an ambulance.

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1 § 4. Section 361 of the retirement and social security law is amended 2 by adding a new subdivision e to read as follows: 3 e. 1. Notwithstanding any other provision of law to the contrary, and 4 solely for the purposes of determining eligibility under this section, a 5 member shall be considered to have died as the natural and proximate 6 result of an accident sustained in the performance of duty in the 7 service upon which their membership was based provided such member was 8 on the payroll in the service upon which membership is based at the time 9 such member died by suicide where: 10 (i) The suicide is secondary to a diagnosis of post-traumatic stress 11 disorder, as described in the most recent edition of the diagnostic and 12 statistical manual of mental disorders published by the American psychi- 13 atric association, as a result of a traumatic event which occurred while 14 in the line of duty; or 15 (ii) The suicide occurs within forty-five days of the end of exposure 16 to a traumatic event while in the line of duty. 17 2. For purposes of this subdivision, suicides shall be presumed proxi- 18 mate to post-traumatic stress disorder or a qualifying traumatic event 19 unless competent medical evidence proves otherwise. 20 § 5. Section 509 of the retirement and social security law is amended 21 by adding a new subdivision d to read as follows: 22 d. 1. Notwithstanding any other provision of law to the contrary, and 23 solely for the purposes of determining eligibility for an accidental 24 death benefit and/or special accidental death benefit, a member who is a 25 public safety officer shall be considered to have died as the natural 26 and proximate result of an accident sustained in the performance of duty 27 as a public safety officer provided such member was on the payroll in 28 the service upon which membership is based at the time such member died 29 by suicide where: 30 (i) The suicide is secondary to a diagnosis of post-traumatic stress 31 disorder, as described in the most recent edition of the diagnostic and 32 statistical manual of mental disorders published by the American psychi- 33 atric association, as a result of a traumatic event which occurred while 34 in the line of duty; or 35 (ii) The suicide occurs within forty-five days of the end of exposure, 36 while on duty, to a traumatic event. 37 2. For purposes of this subdivision, suicides shall be presumed proxi- 38 mate to post-traumatic stress disorder or a qualifying traumatic event 39 unless competent medical evidence proves otherwise. 40 3. For the purposes of this subdivision, the term "public safety offi- 41 cer" shall mean: (i) any peace officer as defined in section 2.10 of the 42 criminal procedure law; (ii) any correction officer employed by a state 43 or local correctional facility whose duties include maintaining the 44 safety, security, discipline, and custody of incarcerated individuals; 45 (iii) any individual employed on a full-time basis by the state or by a 46 fire department of a municipal corporation, district corporation, or 47 other political subdivision, who is engaged in: (A) firefighting; (B) 48 emergency motor vehicle operation; (C) fire cause and origin investi- 49 gation; (D) the provision of emergency medical services; or (E) hazard- 50 ous materials response; (iv) a legally enrolled member of a volunteer 51 fire company or fire department, or a member of an independent nonprofit 52 firefighting corporation, engaged in the hazards of firefighting; (v) 53 any person acting in good faith at the request or direction of a public 54 safety officer to assist in an emergency response; (vi) any reserve or 55 auxiliary police officer or deputy sheriff while acting under the super- 56 vision and authority of a political subdivision; (vii) any driver or

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1 attendant of a licensed emergency medical or advanced life support 2 service engaged in providing emergency care; and (viii) any certified 3 first responder who is a member of an organized service recognized by a 4 local political subdivision to provide initial emergency medical assist- 5 ance prior to the arrival of an ambulance. 6 § 6. Section 227-a of the executive law is amended by adding a new 7 subdivision 4 to read as follows: 8 4. (a) Notwithstanding any other provision of law to the contrary, and 9 solely for the purposes of determining eligibility for a death benefit 10 under this section, a member of the division of state police shall be 11 considered to have died from injuries received in the performance of 12 duty where such member of the division of state police died by suicide 13 and: 14 (i) The suicide is secondary to a diagnosis of post-traumatic stress 15 disorder, as described in the most recent edition of the diagnostic and 16 statistical manual of mental disorders published by the American psychi- 17 atric association, as a result of a traumatic event which occurred while 18 in the line of duty; or 19 (ii) The suicide occurs within forty-five days of the end of exposure, 20 while on duty, to a traumatic event. 21 (b) For purposes of this subdivision, suicides shall be presumed prox- 22 imate to post-traumatic stress disorder or a qualifying traumatic event 23 unless competent medical evidence proves otherwise. 24 § 7. Section 7 of the volunteer firefighters' benefit law is amended 25 by adding a new subdivision 23 to read as follows: 26 23. (a) Notwithstanding any other provision of law to the contrary, 27 and solely for the purposes of determining eligibility for a death bene- 28 fit under this section, a volunteer firefighter shall be considered to 29 have died from injuries received in the line of duty as a direct result 30 of firefighting where such volunteer firefighter died by suicide and: 31 (i) The suicide is secondary to a diagnosis of post-traumatic stress 32 disorder, as described in the most recent edition of the diagnostic and 33 statistical manual of mental disorders published by the American psychi- 34 atric association, as a result of a traumatic event which occurred while 35 in the line of duty; or 36 (ii) The suicide occurs within forty-five days of the end of exposure, 37 while on duty, to a traumatic event. 38 (b) For purposes of this subdivision, suicides shall be presumed prox- 39 imate to post-traumatic stress disorder or a qualifying traumatic event 40 unless competent medical evidence proves otherwise. 41 § 8. Section 7 of the volunteer ambulance workers' benefit law is 42 amended by adding a new subdivision 23 to read as follows: 43 23. (a) Notwithstanding any other provision of law to the contrary, 44 and solely for the purposes of determining eligibility for a death bene- 45 fit under this section, a volunteer ambulance worker shall be considered 46 to have died from injuries received in the line of duty where such 47 volunteer ambulance worker died by suicide and: 48 (i) The suicide is secondary to a diagnosis of post-traumatic stress 49 disorder, as described in the most recent edition of the diagnostic and 50 statistical manual of mental disorders published by the American psychi- 51 atric association, as a result of a traumatic event which occurred while 52 in the line of duty; or 53 (ii) The suicide occurs within forty-five days of the end of exposure, 54 while on duty, to a traumatic event.

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1 (b) For purposes of this subdivision, suicides shall be presumed prox- 2 imate to post-traumatic stress disorder or a qualifying traumatic event 3 unless competent medical evidence proves otherwise. 4 § 9. Section 16 of the workers' compensation law is amended by adding 5 a new subdivision 8 to read as follows: 6 8. (1) Notwithstanding any other provision of law to the contrary, and 7 solely for the purposes of determining eligibility for an accidental 8 death benefit and/or special accidental death benefit, a member who is a 9 public safety officer shall be considered to have died as the natural 10 and proximate result of an accident sustained in the line of duty as a 11 public safety officer where such member died by suicide and: 12 (a) The suicide is secondary to a diagnosis of post-traumatic stress 13 disorder, as described in the most recent edition of the diagnostic and 14 statistical manual of mental disorders published by the American psychi- 15 atric association, as a result of a traumatic event which occurred while 16 in the line of duty; or 17 (b) The suicide occurs within forty-five days of the end of exposure, 18 while on duty, to a traumatic event. 19 (2) For purposes of this subdivision, suicides shall be presumed prox- 20 imate to post-traumatic stress disorder or a qualifying traumatic event 21 unless competent medical evidence proves otherwise. 22 (3) For the purposes of this subdivision, the term "public safety 23 officer" shall mean: (a) any peace officer as defined in section 2.10 of 24 the criminal procedure law; (b) any correction officer employed by a 25 state or local correctional facility whose duties include maintaining 26 the safety, security, discipline, and custody of incarcerated individ- 27 uals; (c) any individual employed on a full-time basis by the state or 28 by a fire department of a municipal corporation, district corporation, 29 or other political subdivision, who is engaged in: (i) firefighting; 30 (ii) emergency motor vehicle operation; (iii) fire cause and origin 31 investigation; (iv) the provision of emergency medical services; or (v) 32 hazardous materials response; (d) a legally enrolled member of a volun- 33 teer fire company or fire department, or a member of an independent 34 nonprofit firefighting corporation, engaged in the hazards of firefight- 35 ing; (e) any person acting in good faith at the request or direction of 36 a public safety officer to assist in an emergency response; (f) any 37 reserve or auxiliary police officer or deputy sheriff while acting under 38 the supervision and authority of a political subdivision; (g) any driver 39 or attendant of a licensed emergency medical or advanced life support 40 service engaged in providing emergency care; and (h) any certified first 41 responder who is a member of an organized service recognized by a local 42 political subdivision to provide initial emergency medical assistance 43 prior to the arrival of an ambulance. 44 § 10. Section 13-149 of the administrative code of the city of New 45 York is amended by adding a new subdivision d to read as follows: 46 d. (1) Notwithstanding any other provision of law to the contrary, and 47 solely for the purposes of determining eligibility for an accidental 48 death benefit and/or special accidental death benefit, a member who is a 49 public safety officer shall be considered to have died as the natural 50 and proximate result of an accident sustained in the line of duty as a 51 public safety officer where such member died by suicide and: 52 (a) The suicide is secondary to a diagnosis of post-traumatic stress 53 disorder, as described in the most recent edition of the diagnostic and 54 statistical manual of mental disorders published by the American psychi- 55 atric association, as a result of a traumatic event which occurred while 56 in the line of duty; or

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1 (b) The suicide occurs within forty-five days of the end of exposure, 2 while on duty, to a traumatic event. 3 (2) For purposes of this subdivision, suicides shall be presumed prox- 4 imate to post-traumatic stress disorder or a qualifying traumatic event 5 unless competent medical evidence proves otherwise. 6 (3) For the purposes of this subdivision, the term "public safety 7 officer" shall mean: (a) any peace officer as defined in section 2.10 of 8 the criminal procedure law; (b) any correction officer employed by a 9 state or local correctional facility whose duties include maintaining 10 the safety, security, discipline, and custody of incarcerated individ- 11 uals; (c) any individual employed on a full-time basis by the state or 12 by a fire department of a municipal corporation, district corporation, 13 or other political subdivision, who is engaged in: (i) firefighting; 14 (ii) emergency motor vehicle operation; (iii) fire cause and origin 15 investigation; (iv) the provision of emergency medical services; or (v) 16 hazardous materials response; (d) a legally enrolled member of a volun- 17 teer fire company or fire department, or a member of an independent 18 nonprofit firefighting corporation, engaged in the hazards of firefight- 19 ing; (e) any person acting in good faith at the request or direction of 20 a public safety officer to assist in an emergency response; (f) any 21 reserve or auxiliary police officer or deputy sheriff while acting under 22 the supervision and authority of a political subdivision; (g) any driver 23 or attendant of a licensed emergency medical or advanced life support 24 service engaged in providing emergency care; and (h) any certified first 25 responder who is a member of an organized service recognized by a local 26 political subdivision to provide initial emergency medical assistance 27 prior to the arrival of an ambulance. 28 § 11. Section 13-244 of the administrative code of the city of New 29 York is amended by adding a new subdivision 5 to read as follows: 30 5. (a) Notwithstanding any other provision of law to the contrary, and 31 solely for the purposes of this section, a member otherwise covered by 32 this section shall be deemed to have died as the natural and proximate 33 result of an accident sustained while a member and while in the perform- 34 ance of duty at some definite time and place, and not as a result of 35 willful negligence on their part, provided that such member died by 36 suicide where: 37 (i) The suicide is secondary to a diagnosis of post-traumatic stress 38 disorder, as described in the most recent edition of the diagnostic and 39 statistical manual of mental disorders published by the American psychi- 40 atric association, as a result of a traumatic event which occurred while 41 in the line of duty; or 42 (ii) The suicide occurs within forty-five days of the end of exposure 43 to a traumatic event while in the line of duty. 44 (b) For purposes of this subdivision, suicides shall be presumed prox- 45 imate to post-traumatic stress disorder or a qualifying traumatic event 46 unless competent medical evidence proves otherwise. 47 § 12. Section 13-347 of the administrative code of the city of New 48 York is amended by adding a new subdivision g to read as follows: 49 g. (1) Notwithstanding any other provision of law to the contrary, and 50 solely for the purposes of this section, a member otherwise covered by 51 this section shall be deemed to have died as the natural and proximate 52 result of an accident sustained while a member and while in the perform- 53 ance of duty at some definite time and place, and not as a result of 54 willful negligence on their part, provided that such member died by 55 suicide where:

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1 (A) The suicide is secondary to a diagnosis of post-traumatic stress 2 disorder, as described in the most recent edition of the diagnostic and 3 statistical manual of mental disorders published by the American psychi- 4 atric association, as a result of a traumatic event which occurred while 5 in the line of duty; or 6 (B) The suicide occurs within forty-five days of the end of exposure 7 to a traumatic event while in the line of duty. 8 (2) For purposes of this subdivision, suicides shall be presumed prox- 9 imate to post-traumatic stress disorder or a qualifying traumatic event 10 unless competent medical evidence proves otherwise. 11 § 13. Section 13-544 of the administrative code of the city of New 12 York is amended by adding a new subdivision e to read as follows: 13 e. 1. Notwithstanding any other provision of law to the contrary, and 14 solely for the purposes of this section, a member shall be deemed to 15 have died as the natural and proximate result of an accident sustained 16 in the performance of duty upon which their membership is based, and not 17 as a result of willful negligence on their part, provided that such 18 member died by suicide where: 19 A. The suicide is secondary to a diagnosis of post-traumatic stress 20 disorder, as described in the most recent edition of the diagnostic and 21 statistical manual of mental disorders published by the American psychi- 22 atric association, as a result of a traumatic event which occurred while 23 in the line of duty; or 24 B. The suicide occurs within forty-five days of the end of exposure to 25 a traumatic event while in the line of duty. 26 2. For purposes of this subdivision, suicides shall be presumed proxi- 27 mate to post-traumatic stress disorder or a qualifying traumatic event 28 unless competent medical evidence proves otherwise. 29 § 14. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would create a presumption providing accidental death bene- fits to active Tier 1-3 members of the New York State and Local Retire- ment System (NYSLRS) who die by suicide. To qualify for the accidental death benefits, the member must experience a traumatic event and there- upon be diagnosed with post-traumatic stress disorder (PTSD) or die within 45 days of the traumatic event. The traumatic event must occur on-the-job while employed in a position providing public safety services - such as peace officers, correction officers, deputy sheriffs, and first responders - or while acting at the direction of such public safe- ty personnel. Insofar as this bill affects NYSLRS, the number of accidental death benefits granted would increase. The additional cost for each death in the Employees' Retirement System is expected to average 4.5 times final average salary; the additional cost of each death in the Police and Fire Retirement System is expected to average 13 times final average salary. Further, we anticipate significant administrative costs to implement the provisions of this legislation. The number of current and future members who could be affected by this legislation cannot be readily determined. Summary of relevant resources: Membership data as of March 31, 2025 was used to measure the impact of the bill, the same data used in the Actuarial Valuations dated April 1, 2025. Distributions and other statistics can be found in the 2025 Report of the Actuary and the 2025 Annual Comprehensive Financial Report. The actuarial assumptions and methods used are described in the 2025 Annual Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules

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and Regulations of the State of New York: Audit and Control. The fair value of assets and GASB disclosures can be found in the 2025 Financial Statements and Supplementary Information. Assumptions, demographics, and other considerations may have been modified to better reflect specific provisions of any proposed benefit change(s). This fiscal note does not constitute a legal opinion on the viability of the bill, nor is it intended to serve as a substitute for the profes- sional judgment of an attorney. This estimate, dated April 30, 2026, and intended for use only during the 2026 Legislative Session, is Fiscal Note Number 2026-128. As Chief Actuary of the New York State and Local Retirement System (NYSLRS), I, Aaron Schottin Young, hereby certify that this analysis complies with applicable Actuarial Standards of Practice as well as the Code of Professional Conduct and Qualification Standards for Actuaries Issuing Statements of Actuarial Opinion of the American Academy of Actuaries, of which I am a member. I am a member of NYSLRS but do not believe it impairs my objectivity.

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