Position Statement – 2025

A.5898 (Tapia) / S.5083 (Sepulveda)

Support

The Women’s Bar Association of the State of New York (“WBASNY”), strongly supports A.5898 (Tapia)/S.5083 (Sepulveda), legislation that would ensure that the beneficiaries of state-paid judges and justices receive death benefits even if the deceased judge was not retired at the time of their death. This measure would eliminate a provision in the state Retirement and Social Security Law resulting in judges receiving a significantly lower death benefit if they die in office rather than while retired, the so-called “Death Gamble.” WBASNY respectfully urges the Governor to sign this legislation eliminating the Death Gamble.

Due to a provision in section 60 of New York’s Retirement and Social Security Law, a judge’s beneficiaries suffer significant financial loss if the judge dies while in office rather than after retirement. Currently, if a New York judge dies in office, even if fully eligible to retire, the judge’s beneficiaries do not receive the proceeds of their pension, but rather receive only a lump sum payment of death benefits in lieu of a pension; benefits which are generally significantly less value than the pension to which a deceased judge or their beneficiaries would be entitled to if the judge had retired before death. Unlike pension benefits, the amount of death benefit payable reduces annually from ages 60 to 70.

Legislation enacted in 2000 removed the Death Gamble for thousands of police officers, firefighters and teachers, but excluded members of the judiciary. Judges, many of whom become judges later in life, often continue in service beyond the date of their eligibility to retire, which puts their families’ financial welfare at risk. These provisions may be a disincentive for many to undertake judicial service, or to continue judicial service when they are at the height of their professional abilities when their expertise is most needed.

The proposed legislation would ameliorate this situation by amending the relevant provisions of the Retirement and Social Security Law to permit state-paid judges and justices to elect to have their beneficiaries receive a pension benefit in lieu of the comparatively modest death benefit upon their death while in service. The legislation promotes fairness and strengthens the courts – judges should not have to gamble with their family’s security after decades of service and it incentivizes capable, seasoned judges to stay on the bench.