New York 2025-2026 Regular Session

New York Senate Bill S04326

Introduced
2/4/25  
Refer
2/4/25  

Caption

Grants Lawrence Korzeniewski, the statutory beneficiary of Janice Korzeniewski, accidental death benefits because Janice Korzeniewski was directed by her employer to return to work and contracted COVID-19 within 45 days of reporting to work and died from such disease.

Summary

S04326 is a private relief bill that would allow Lawrence Korzeniewski, the statutory beneficiary of Janice Korzeniewski, to seek conversion of her existing service or disability retirement benefit into an accidental death benefit. The bill applies to a specific set of facts: Janice Korzeniewski was a member of the New York State and Local Employees’ Retirement System, was directed by her employer to work from March 1, 2020 through April 16, 2020, contracted COVID-19 within 45 days of reporting to work, and died from the disease on October 19, 2020. If enacted, the beneficiary would have one year from the effective date to file a written request with the state comptroller. The bill creates a narrow exception to the Retirement and Social Security Law and any conflicting general, special, or local law. It effectively overrides the existing statutory cutoff in section 607-i, which currently limits this type of conversion to members who retired before July 1, 2020. The bill also specifies that all past service costs of the benefit change would be paid by the State of New York, and it would take effect immediately. Its practical impact would be limited to this single beneficiary and this single retirement case, but it would establish state responsibility for the added pension cost associated with the conversion. The fiscal note estimates a one-time past service cost of $209,000, with no increase in annual state contributions. The bill does not broadly amend retirement eligibility rules for all members; instead, it creates a targeted statutory remedy for one death tied to COVID-19 exposure while working during the early pandemic. The general sentiment reflected in the bill text and fiscal materials is sympathetic and remedial, focusing on a worker who was required to return to work during the pandemic and later died of COVID-19. There is no recorded committee transcript or vote history in the provided materials, so there is no evidence of formal opposition or debate in the record supplied. The main point of potential contention is the bill’s departure from the existing retirement cutoff date and the fact that it grants a special benefit to an individual case at state expense, which may raise fairness or precedent concerns even though the fiscal impact is relatively modest.

Impact

This bill would create a one-time, case-specific exception to the Retirement and Social Security Law by authorizing the beneficiary of Janice Korzeniewski to request conversion of her retirement benefit into an accidental death benefit despite the existing statutory retirement-date cutoff. It would require the State of New York to cover all past service costs associated with the conversion, estimated at $209,000, while not increasing annual employer contributions. The bill affects the New York State and Local Employees’ Retirement System, the state comptroller’s administration of retirement benefits, and the beneficiary’s ability to seek enhanced death benefits.

Sentiment

The available materials suggest a supportive and compassionate posture toward the bill, as it is framed as relief for a worker who contracted COVID-19 after being directed back to work and died from the disease. The bill text and fiscal note present the measure as a narrowly tailored benefit correction rather than a broad policy change. No committee discussion or votes were provided, so there is no documented opposition or recorded controversy in the supplied record.

Contention

The primary substantive issue is the bill’s creation of an exception to the existing July 1, 2020 retirement cutoff in section 607-i of the Retirement and Social Security Law. That makes the measure a special carve-out for one beneficiary, which could prompt concerns about precedent, equal treatment, and whether similarly situated cases should receive the same treatment. A secondary point is fiscal responsibility: although the cost is estimated to be a one-time $209,000 and not an annual increase, the state would bear the full past service cost.

Companion Bills

NY A07693

Same As Grants Lawrence Korzeniewski, the statutory beneficiary of Janice Korzeniewski, accidental death benefits because Janice Korzeniewski was directed by her employer to return to work and contracted COVID-19 within 45 days of reporting to work and died from such disease.

Previously Filed As

NY A07693

Grants Lawrence Korzeniewski, the statutory beneficiary of Janice Korzeniewski, accidental death benefits because Janice Korzeniewski was directed by her employer to return to work and contracted COVID-19 within 45 days of reporting to work and died from such disease.

NY S09596

Permits accidental death benefits and/or special accidental death benefits to be awarded to the beneficiary of Patricia Espinosa.

NY A10824

Permits accidental death benefits and/or special accidental death benefits to be awarded to the beneficiary of Patricia Espinosa.

NY S3590

Increases accidental death benefit for surviving spouse or surviving children of certain PERS members and retirants; provides accidental death benefit to beneficiary of certain PERS and PFRS members and retirants; redefines child.

NY A1932

Increases accidental death benefit for surviving spouse or surviving children of certain PERS members and retirants; provides accidental death benefit to beneficiary of certain PERS and PFRS members and retirants; redefines child.

NY A08655

Increases certain special accidental death benefits for state and local retirement system members.

NY A08810

Increases the duration of special accidental death benefits paid to a deceased member's children.

NY S03815

Increases the duration of special accidental death benefits paid to a deceased member's children.

NY S08135

Provides WTC-related benefits to certain employees who worked at the Verrazano Bridge Toll Facility.

NY A08792

Provides WTC-related benefits to certain employees who worked at the Verrazano Bridge Toll Facility.

Similar Bills

No similar bills found.