Relates to a death benefit option for the wife of deceased justice Jerry Garguilo

2025 Regular Session Introduced by Patricia Canzoneri-Fitzpatrick and 5 co-sponsors

Allows the widow of a deceased NY judge to elect a one-time lump-sum payout equal to the pension reserve at retirement (or higher value of death benefit plus take-home reserve).

REFERRED TO WAYS AND MEANS

Summary of Bill S. 9138 (2025-2026) – New York

Main purpose and intent

The bill creates a death benefit option for Angela Garguilo, the beneficiary of Justice Jerry Garguilo of the unified court system.

It allows Angela Garguilo to elect a lump-sum payment equal to the pension reserve that would have been established if Justice Garguilo had retired on the date of death, or the value of the death benefit and the reserve-for-increased-take-home-pay (whichever is greater).

Key provisions and changes

Section 1: Establishes the election option for the beneficiary to receive a lump-sum payout equal to:

(a) the pension reserve that would have been established if Justice Garguilo had retired on the date of death, or
(b) the value of the death benefit plus any reserve-for-increased-take-home-pay,
whichever amount is greater.

Section 2: If the election is made after the enactment date, the pension reserve awarded is reduced by any death benefit already paid to the beneficiary.

Section 3: All past service costs associated with implementing the act would be borne by the state and may be amortized over ten years.

Section 4: The act’s provisions are not subject to the general appropriation requirement under section 25 of the Retirement and Social Security Law.

Section 5: The act takes effect immediately.

Affected parties and entities

Beneficiary: Angela Garguilo (widow of Justice Jerry Garguilo).

Public pension system: New York State Unified Court System’s pension reserves and related death benefits.

State of New York: Responsible for any past service costs and potential amortization of costs over ten years.

Fiscal and timeline considerations

Fiscal note indicates:

A one-time immediate past service cost of approximately $196,000 borne by the state’s unified court system, with an anticipated amortization of about $25,000 per year over ten years if amortized.
The bill is not expected to increase the state’s annual contributions beyond the noted past service cost.

Effective date: Immediate upon enactment.

Administrative timeline:

If the beneficiary elects prior to enactment, the pension reserve is awarded minus any previously paid death benefits.
The legislative text indicates the bill would be applied to elections and settlements going forward from signing.

Procedural status

Introduced in the Senate (Feb 5, 2026) and referred to Civil Service and Pensions.

Later actions show movement through committees, then discharge to Rules, passage in the Senate, and transmission to the Assembly for consideration.

Sponsors include Sens. Palumbo, Mattera, Canzoneri-Fitzpatrick, Martins, Murray, and Rhoads, with several co-sponsors.

Plain-language takeaway

S. 9138 would allow the surviving spouse of a deceased New York judge to choose a one-time lump-sum payment equal to the pension reserve the judge would have had at retirement (or the value of the death benefit and any increased take-home pay reserve, whichever is greater). If the election is made after the law takes effect, any prior death benefits already paid are deducted from the lump-sum. The state would cover any immediate past-service costs, potentially spreading them over ten years. The bill does not require additional ongoing appropriations beyond that one-time cost.