NYSCOPBA’s Legislative Team is pleased to report that NYSCOPBA’s “Death Gamble” legislation has officially been signed into law by Governor Hochul as part of the 2026-2027 Executive Budget. This long sought after benefit modifies the in-service death benefit for members of the New York State and Local Employees’ Retirement System employed by the State of New York as correction officers and security hospital treatment assistants. The in-service death benefit will be the value of the pension reserve as if the member had retired on their date of death.
This is a tremendous victory for the members of NYSCOPBA and their families. The “Death Gamble” legislation is important because it eliminates the financial penalty placed on the families of officers who choose to continue working past their retirement eligibility date. It allows beneficiaries to receive the same pension benefits as if the member had retired the day before they died, rather than a standard 3x salary death benefit.
NYSCOPBA prioritized this legislation so that our members are not penalized for continuing to serve the people of New York beyond retirement eligibility. Additionally, this bill was a focal point to ensure that the State can retain seasoned, experienced personnel without forcing a mass exodus of staff as soon as they reach retirement age. It guarantees that the families of veteran members of NYSCOPBA who die while still on duty are not left financially devastated, providing peace of mind to public servants who put their lives on the line daily.
Unfortunately, and not for a lack of trying, it took more than 20 years for this legislation to become reality. Since the first version of the “Death Gamble” bill was introduced in 2004, the State of New York has seen five different governors and NYSCOPBA has worked through five administrations. During that time, this legislation faced significant hurdles, including fiscal concerns and four separate vetoes.
Yet, through every challenge, NYSCOPBA remained unwavering in its commitment to this fight.
This victory was not achieved overnight, nor was it accomplished by one person alone. It is the result of years of tireless advocacy and coordinated effort by our dedicated lobbyists, Legislative Director, Legislative/PAC Committee, Executive Board, and countless members who refused to let this issue die. Through annual lobby days, testimony at legislative and budget hearings, meetings with lawmakers, press conferences, member outreach campaigns, op-eds, and persistent engagement with state leaders, the pressure to do what was right for our members never stopped.
I would also be remiss if I did not acknowledge the tremendous amount of time, effort, and persistence that went into helping move this legislation across the finish line. Over the years, I devoted significant time and energy to ensuring the “Death Gamble” legislation remained a top priority, working closely with our Legislative Director, dedicated lobbyists, and Legislative/PAC Committee to continue pushing this issue forward. Through countless meetings, advocacy efforts, budget discussions, legislative outreach, and ongoing engagement with state leaders, we remained committed even when setbacks occurred. At times, the obstacles seemed overwhelming, but we never lost sight of the families this legislation would ultimately protect. Seeing this finally become law after more than two decades of work is a meaningful reminder that persistence, unity, and unwavering advocacy can produce real results for our members.
Now, NYSCOPBA members’ death benefits are aligned more closely with retirement protections afforded to other law enforcement professionals, including police officers, firefighters, and certain other public servants.
To every member, past and present, who made phone calls, sent letters and emails, attended rallies and lobby days, and helped amplify our message: THANK YOU! This victory belongs to all of us. It is proof that when NYSCOPBA stays united, remains persistent, and continues fighting for what is right, we can overcome even the toughest legislative obstacles.
Stay Safe,
Chris Summers
NYSCOPBA President