#Pols consider $1M pensions for families of 2 judges killed by COVID-19

ALBANY — State lawmakers are considering legislation this week that would provide generous pension benefits to the family members of two Brooklyn judges who died of the coronavirus.

One bill would allow Rickly Dear — the widow of Brooklyn Supreme Court justice Noach Dear, who succumbed to the virus on April 17 at the age of 66 — to file for a retirement application with the New York state and local employees’ retirement system on behalf of her husband.

She would then be eligible to receive $1.06 million in pension funds, if the Legislature passes the bill and it gets it signed into law by Gov. Andrew Cuomo. Without it she would only get a death benefit.

Dear represented Midwood and parts of Borough Park and Bensonhurst as a New York City Councilman from 1983 to 2001, and was elected to Brooklyn Supreme Court in 2015.

Lawmakers have made it a practice over the years to pass separate, carve-out legislation for judges when they die in office before retirement so family members can still relieve the deceased person’s pension.

A state law approved in the 2000s allows beneficiaries of cops, firefighters and teachers to recoup the pension of their deceased loved one — but it left out the family members of judges, who would instead be owed a much smaller benefit.

“Justice Dear devoted virtually his entire adult life to public service, was known as a fierce protector of consumer rights as a jurist in Kings County, and almost certainly contracted the COVID-19 virus while working at the Supreme Courthouse in Brooklyn, which was recognized as a hot zone for the disease,” wrote bill sponsors state Sen. Simcha Felder (D-Brooklyn) and Assemblyman Simcha Eichenstein (D-Broolyn).

“Within hours of being taken to the hospital, he was placed on a ventilator and was placed in a medically induced coma, which made it impossible to take steps necessary to protect his family financially by retiring from office. Under these circumstances, it would be profoundly unfair to penalize Justice Dear’s family because he was unable to sign his retirement papers in the weeks before his death.”

Another bill, sponsored by state Sen. Roxanne Persaud (D-Brooklyn) and Assemblywoman Rodneyse Bichotte (D-Brooklyn) would provide $1.26 million in pension to Joile Louise Baynes, the daughter of Brooklyn Supreme Court Justice Justice Johnny Lee Baynes.

Assemblyman Michael Montesano (R-Nassau) wondered whether now is the right time to approve the pension bills, as the state faces massive revenue losses due to the coronavirus.

“Why should he be treated any differently than anybody else, especially in a time when we’re facing a deficit … facing cuts to schools, healthcare and aid to local governments and our roadwork,” the Long Island legislator said, referring to potential cuts discussed over the last several months.

Allies of the Dear and Baynes families defended the measure.

“Justices Johnny Lee Baynes and Noach Dear served New York State and died from COVID-19 during their public service, almost certainly contracted at their workplace. When the legislature passed protections two decades ago for public servants who die before retirement, the judiciary was not included,” Eichenstein said.

The bill cleared several Assembly committees late last week and is expected to move onto the floor this week for a vote. The companion bill in the state Senate is also in committee.

“This is an appropriate and standard measure of protection for the families of public servants, consistent with what the legislature has done in the past when public servants die before retirement.”

A spokesman for Gov. Andrew Cuomo said their office would review the bills.