NYCLA Officers Urge Gov. Hochul to Sign Death Gamble Bill

Governor Kathy Hochul has until December 13 to sign into law the so-called “Death Gamble Bill,” S7567A/A9143. The New York County Lawyers Association’s leadership urges her to do so. Last April, NYCLA issued a statement applauding the introduction of the legislation, which would ameliorate the effects of the “Death Gamble” – an anomaly in our state’s Social Security Law under which, if a judge who is eligible to retire elects to remain in office and then dies while in office, his or her beneficiaries receive a substantially smaller death benefit than they would have received if the judge had retired before his or her death. In other words, by continuing to serve the judge is “gambling” that he or she will not die while in office – and the stakes are the financial future of the judge’s family. This makes no sense, and NYCLA has been advocating for reform of this law since 2015, when our Board first adopted a resolution urging amendments similar to those that are now on the Governor’s desk.

In our April statement we urged the Legislature to pass this legislation, both because the status quo undermines the incentive for judges to remain on the bench rather than retire (even though the system continues to have a dire need for their continued service), and because the reform will help underscore the high value we must place on our judiciary – whose strength and independence are crucial to the rule of law. The Legislature has passed this salutary bill. We hope the Governor will sign it into law.

About the New York County Lawyers Association

The New York County Lawyers Association (NYCLA.org) was founded in 1908 as one of the first major bar associations in the country that admitted members without regard to race, ethnicity, religion, or gender. Since its inception, it has pioneered some of the most far-reaching and tangible reforms in American jurisprudence and has continuously played an active role in legal developments and public policy.

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