Senate Bill S4062

2019-2020 Legislative Session

Relates to forfeiture of a beneficiary's right to benefits upon conviction of domestic violence offense

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S4062 (ACTIVE) - Details

See Assembly Version of this Bill:
A6841
Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §111-b, R & SS L
Versions Introduced in Other Legislative Sessions:
2021-2022: S3991, A6351
2023-2024: S5131, A5629

2019-S4062 (ACTIVE) - Summary

Imposes the forfeiture of a beneficiary's right to benefits upon conviction of domestic violence offense where the victim of such crime is the member for which he or she is a beneficiary.

2019-S4062 (ACTIVE) - Sponsor Memo

2019-S4062 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4062
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to amend the retirement and social security law, in  relation  to
   forfeiture  of  a beneficiary's right to benefits upon conviction of a
   domestic violence offense

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The retirement and social security law is amended by adding
 a new section 111-b to read as follows:
   § 111-B. BENEFICIARY FORFEITURE. A. A BENEFICIARY CONVICTED OF HARASS-
 MENT  IN  THE  FIRST DEGREE, HARASSMENT IN THE SECOND DEGREE, AGGRAVATED
 HARASSMENT IN THE SECOND DEGREE, SEXUAL MISCONDUCT,  FORCIBLE  TOUCHING,
 SEXUAL  ABUSE  IN THE THIRD DEGREE, SEXUAL ABUSE IN THE SECOND DEGREE AS
 SET FORTH IN SUBDIVISION ONE OF SECTION 130.60 OF THE PENAL LAW,  STALK-
 ING  IN THE FIRST DEGREE, STALKING IN THE SECOND DEGREE, STALKING IN THE
 THIRD DEGREE, STALKING IN THE FOURTH DEGREE, CRIMINAL MISCHIEF, MENACING
 IN THE SECOND DEGREE, MENACING IN THE THIRD DEGREE,  RECKLESS  ENDANGER-
 MENT,  STRANGULATION  IN  THE  FIRST DEGREE, STRANGULATION IN THE SECOND
 DEGREE, CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION,  ASSAULT
 IN  THE  SECOND  DEGREE, ASSAULT IN THE THIRD DEGREE, ATTEMPTED ASSAULT,
 COERCION IN THE THIRD DEGREE AS SET FORTH IN SUBDIVISIONS ONE,  TWO  AND
 THREE  OF  SECTION  135.60  OF  THE PENAL LAW, EXCEPT IF SUCH INDIVIDUAL
 WOULD NOT BE CRIMINALLY RESPONSIBLE BY REASON OF AGE PURSUANT TO SECTION
 30.00 OF THE PENAL LAW, WHERE THE VICTIM OF SUCH CRIME IS THE MEMBER FOR
 WHICH HE OR SHE IS A BENEFICIARY, SHALL BE SUBJECT TO FORFEITURE OF  ANY
 BENEFITS UNDER THIS ARTICLE.
   B.  NOTWITHSTANDING  SUBDIVISION A OF THIS SECTION, A MEMBER MAY REIN-
 STATE THE STATUS OF A  BENEFICIARY  SUBJECT  TO  FORFEITURE  UNDER  SUCH
 SUBDIVISION  BY  FILING  A WRITTEN REQUEST TO THAT EFFECT WITH THE STATE
 COMPTROLLER.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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