New York correction officers and their families will receive expanded death benefits under newly signed legislation included in the 2026-27 state budget.
The New York State Correctional Officers & Police Benevolent Association (NYSCOPBA) announced that Governor Kathy Hochul has signed the so-called “Death Gamble” legislation into law, ending what union officials describe as a long-standing financial penalty for correction officers who continue working after becoming eligible for retirement.
Under the new law, the in-service death benefit for correction officers and other eligible members of the New York State and Local Employees’ Retirement System’s Section 89 retirement plan will be calculated based on the value of the pension reserve as if the employee had retired on the date of death.
Previously, officers who died while still employed could leave beneficiaries with a significantly smaller death benefit than if they had retired before their death. In many cases, survivors were limited to receiving a benefit equal to three times the employee’s salary.
Union officials said the change ensures families receive pension benefits as though the member retired the day before their death, providing greater financial protection for correction officers and security hospital treatment assistants.
The legislation was first introduced in 2004 and faced multiple setbacks over the years, including four gubernatorial vetoes. NYSCOPBA said the measure’s inclusion in the state budget marks the culmination of more than two decades of advocacy.
The union thanked Hochul, legislative leaders, and lawmakers for supporting the measure, as well as Department of Corrections and Community Supervision Commissioner Daniel Martuscello III and his staff for their assistance in advancing the legislation.
Assemblywoman Stacey Pheffer Amato and State Senator Robert Jackson sponsored the bill in the Legislature. NYSCOPBA credited both lawmakers with helping secure passage of the measure.
Union leaders said the new law provides a critical benefit to correction officers and their families by ensuring years of service are fully reflected in survivor benefits if an employee dies before retirement.
