ALBANY, N.Y. — A long-sought retirement protection for New York corrections officers has officially become law after being included in the state’s 2026-2027 executive budget, marking what union leaders called a major victory for officers and their families.
The New York State Correctional Officers & Police Benevolent Association announced that Gov. Kathy Hochul signed the so-called “Death Gamble” legislation as part of the state budget package.
The legislation changes the in-service death benefit for corrections officers and security hospital treatment assistants enrolled in the New York State and Local Employees’ Retirement System, according to NYSCOPBA. Under the new law, families of eligible officers who die while still employed will receive the value of the pension reserve as if the member had retired on the date of death.
Previously, beneficiaries typically received a standard death benefit equal to three times the officer’s salary — a gap union officials said often penalized veteran officers who continued working beyond retirement eligibility.
“This is a tremendous victory for the members of NYSCOPBA and their families,” NYSCOPBA president Chris Summers said in a statement.
The union said the legislation eliminates the financial risk officers faced by remaining on the job after becoming retirement eligible, allowing families to receive pension protections comparable to those afforded to retired members.
The measure was sponsored by Assemblyman Michael Cashman and Sen. Robert Jackson. Cashman said the legislation addresses long-standing concerns from corrections officers who felt pressured to retire once they became eligible in order to protect their families’ financial future.
Jackson, who chairs the Senate Committee on Civil Service and Pensions, said the legislation ensures experienced officers are no longer forced to choose between remaining on the job and protecting retirement benefits for their families.
For years, NYSCOPBA referred to the issue as the “Death Gamble” because officers who chose to continue working effectively risked leaving their families with significantly reduced benefits if they died before retirement.
Union leaders said the first version of the legislation was introduced in 2004 and survived multiple setbacks, including four vetoes under previous administrations.
“Unfortunately, and not for a lack of trying, it took more than 20 years for this legislation to become reality,” Summers said.
NYSCOPBA leaders argued the reform also supports retention efforts by allowing experienced correction officers to continue working without sacrificing financial security for their families.
The legislation arrives as New York continues investing heavily in correctional staffing, recruitment and prison security initiatives within the FY 2027 budget.
Among the corrections-related provisions included in the budget:
Recruitment and retention funding
The budget includes an additional $150 million to support salary benefits and enhancements aimed at improving the hiring and retention of corrections officers.
The state also allocated another $3 million to expand the correction officer recruitment office as agencies continue working to address staffing shortages across the prison system.
Prison security investments
New York will continue investing in correctional facility security upgrades, including:
- $400 million to accelerate the installation of fixed cameras in correctional facilities
- $18 million for the body-worn camera program
- $7.2 million to expand and restructure the Office of Special Investigations
The budget also includes $1.1 million to establish a dedicated Freedom of Information Law processing unit for body camera video requests.
National Guard support
The executive budget includes $535 million to continue National Guard deployment support within correctional facilities while the prison system stabilizes.
The funding follows the state’s broader “Recover, Recruit, Rebuild” initiative launched earlier in 2026 to address staffing shortages and operational challenges within the Department of Corrections and Community Supervision.
Health system modernization
The state also approved $35.8 million in capital funding to develop and implement an electronic health records system for incarcerated individuals.
Officials said the system will centralize medical records and improve healthcare coordination inside correctional facilities.
NYSCOPBA leaders said the passage of the “Death Gamble” legislation reflects years of lobbying efforts by union members, legislative committees and advocates who continued pushing the proposal despite repeated setbacks.
“To every member, past and present, who made phone calls, sent letters and emails, attended rallies and lobby days, and helped amplify our message: THANK YOU!” Summers said.
