Assembly Bill A6351C

2021-2022 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

multi-Sponsors

2021-A6351 - Details

See Senate Version of this Bill:
S3991
Current Committee:
Assembly Governmental Employees
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §§90 & 390, R & SS L; amd §513, Ed L; add §§13-177.2, 13-261.4, 13-369.2 & 13-559.2, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2019-2020: A6841, S4062
2023-2024: A5629, S5131

2021-A6351 - Summary

Permits a retired member to change his or her option election or designate a new beneficiary where the beneficiary has been convicted of a family offense.

2021-A6351 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6351
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2021
                                ___________
 
 Introduced  by  M.  of  A.  REYES,  BUTTENSCHON,  DE LA ROSA, FERNANDEZ,
   THIELE, DICKENS, HUNTER, CRUZ, SIMON, ASHBY, FRONTUS,  SCHMITT,  MORI-
   NELLO,  GLICK, J. M. GIGLIO, LAVINE, DARLING, NIOU, PICHARDO -- Multi-
   Sponsored by -- M. of A. COOK -- read once and referred to the Commit-
   tee on Governmental Employees

 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.

co-Sponsors

multi-Sponsors

2021-A6351A - Details

See Senate Version of this Bill:
S3991
Current Committee:
Assembly Governmental Employees
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §§90 & 390, R & SS L; amd §513, Ed L; add §§13-177.2, 13-261.4, 13-369.2 & 13-559.2, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2019-2020: A6841, S4062
2023-2024: A5629, S5131

2021-A6351A - Summary

Permits a retired member to change his or her option election or designate a new beneficiary where the beneficiary has been convicted of a family offense.

2021-A6351A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6351--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2021
                                ___________
 
 Introduced  by  M. of A. REYES, BUTTENSCHON, FERNANDEZ, THIELE, DICKENS,
   HUNTER,  CRUZ,  SIMON,  ASHBY,  FRONTUS,  SCHMITT,  MORINELLO,  GLICK,
   J. M. GIGLIO,  LAVINE, DARLING, NIOU -- Multi-Sponsored by -- M. of A.
   COOK -- read once  and  referred  to  the  Committee  on  Governmental
   Employees -- recommitted to the Committee on Governmental Employees in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT to amend the retirement and social security law and the adminis-
   trative code of the city of New York,  in  relation  to  permitting  a
   retired member to change his or her option election or designate a new
   beneficiary  where  the  beneficiary  has  been  convicted of a family
   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 103 to read as follows:
   §  103.  BENEFICIARY CONVICTED OF A FAMILY OFFENSE. A. NOTWITHSTANDING
 ANY OTHER PROVISION OF THIS ARTICLE, A RETIRED MEMBER OF ANY TIER STATUS
 SUBJECT TO THE PROVISIONS OF THIS CHAPTER SHALL BE PERMITTED  TO  CHANGE
 HIS  OR  HER  OPTION  ELECTION  OR DESIGNATE A NEW BENEFICIARY WHERE THE
 BENEFICIARY HAS BEEN CONVICTED OF A FAMILY OFFENSE AS DEFINED IN SECTION
 EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT OR SECTION  530.11  OF  THE
 CRIMINAL PROCEDURE LAW AND THE RETIRED MEMBER IS A COMPLAINANT.
   B.  A  RETIRED MEMBER SHALL HAVE ONE HUNDRED EIGHTY DAYS FROM THE DATE
 OF THE BENEFICIARY'S CONVICTION TO CHANGE HIS OR HER ELECTION OR  DESIG-
 NATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE RETIRE-
 MENT  SYSTEM. ONCE THE RETIREMENT SYSTEM RECEIVES SUCH WRITTEN REQUEST A
 NEW BENEFIT SHALL BE CALCULATED BY THE  RETIREMENT  SYSTEM  PURSUANT  TO
 SECTIONS  SIXTY,  THREE  HUNDRED  SIXTY,  FOUR HUNDRED FORTY-EIGHT, FIVE
 HUNDRED EIGHT, FIVE HUNDRED EIGHT-A, FIVE HUNDRED EIGHT-B,  SIX  HUNDRED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00066-05-2

co-Sponsors

multi-Sponsors

2021-A6351B - Details

See Senate Version of this Bill:
S3991
Current Committee:
Assembly Governmental Employees
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §§90 & 390, R & SS L; amd §513, Ed L; add §§13-177.2, 13-261.4, 13-369.2 & 13-559.2, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2019-2020: A6841, S4062
2023-2024: A5629, S5131

2021-A6351B - Summary

Permits a retired member to change his or her option election or designate a new beneficiary where the beneficiary has been convicted of a family offense.

2021-A6351B - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6351--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2021
                                ___________
 
 Introduced  by  M. of A. REYES, BUTTENSCHON, FERNANDEZ, THIELE, DICKENS,
   HUNTER,  CRUZ,  SIMON,  ASHBY,  FRONTUS,  SCHMITT,  MORINELLO,  GLICK,
   J. M. GIGLIO,  LAVINE, DARLING, NIOU -- Multi-Sponsored by -- M. of A.
   COOK -- read once  and  referred  to  the  Committee  on  Governmental
   Employees -- recommitted to the Committee on Governmental Employees in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  again  reported  from said committee with amendments, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the retirement and social security law and the  adminis-
   trative  code  of  the  city  of New York, in relation to permitting a
   retired member to change his or her option election or designate a new
   beneficiary where the beneficiary  has  been  convicted  of  a  family
   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 103 to read as follows:
   § 103. BENEFICIARY CONVICTED OF A FAMILY OFFENSE.  A.  NOTWITHSTANDING
 ANY OTHER PROVISION OF THIS ARTICLE, A RETIRED MEMBER OF ANY TIER STATUS
 SUBJECT  TO  THE PROVISIONS OF THIS CHAPTER SHALL BE PERMITTED TO CHANGE
 HIS OR HER OPTION ELECTION OR DESIGNATE  A  NEW  BENEFICIARY  WHERE  THE
 BENEFICIARY HAS BEEN CONVICTED OF A FAMILY OFFENSE AS DEFINED IN SECTION
 EIGHT  HUNDRED  TWELVE  OF THE FAMILY COURT ACT OR SECTION 530.11 OF THE
 CRIMINAL PROCEDURE LAW AND THE RETIRED MEMBER IS A COMPLAINANT.
   B. A RETIRED MEMBER SHALL HAVE ONE HUNDRED EIGHTY DAYS FROM  THE  DATE
 OF  THE BENEFICIARY'S CONVICTION TO CHANGE HIS OR HER ELECTION OR DESIG-
 NATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE RETIRE-
 MENT SYSTEM. ONCE THE RETIREMENT SYSTEM RECEIVES SUCH WRITTEN REQUEST  A
 NEW  BENEFIT  SHALL  BE  CALCULATED BY THE RETIREMENT SYSTEM PURSUANT TO
 THIS CHAPTER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00066-07-2

co-Sponsors

multi-Sponsors

2021-A6351C (ACTIVE) - Details

See Senate Version of this Bill:
S3991
Current Committee:
Assembly Governmental Employees
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §§90 & 390, R & SS L; amd §513, Ed L; add §§13-177.2, 13-261.4, 13-369.2 & 13-559.2, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2019-2020: A6841, S4062
2023-2024: A5629, S5131

2021-A6351C (ACTIVE) - Summary

Permits a retired member to change his or her option election or designate a new beneficiary where the beneficiary has been convicted of a family offense.

2021-A6351C (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6351--C
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2021
                                ___________
 
 Introduced  by  M. of A. REYES, BUTTENSCHON, FERNANDEZ, THIELE, DICKENS,
   HUNTER,  CRUZ,  SIMON,  ASHBY,  FRONTUS,  SCHMITT,  MORINELLO,  GLICK,
   J. M. GIGLIO,  LAVINE, DARLING, NIOU -- Multi-Sponsored by -- M. of A.
   COOK -- read once  and  referred  to  the  Committee  on  Governmental
   Employees -- recommitted to the Committee on Governmental Employees in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  again  reported  from said committee with amendments, ordered
   reprinted as amended  and  recommitted  to  said  committee  --  again
   reported  from  said  committee  with amendments, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the retirement and social security  law,  the  education
   law  and  the administrative code of the city of New York, in relation
   to permitting a retired member to change his or her option election or
   designate a new beneficiary where the beneficiary has  been  convicted
   of a family offense
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 90 of the retirement and  social  security  law  is
 amended by adding a new subdivision f to read as follows:
   F.  BENEFICIARY  CONVICTED OF A FAMILY OFFENSE. 1. NOTWITHSTANDING ANY
 PROVISION OF LAW TO THE  CONTRARY,  A  RETIRED  MEMBER  SUBJECT  TO  THE
 PROVISIONS  OF  THIS  ARTICLE  SHALL  BE  PERMITTED TO CHANGE HIS OR HER
 OPTION ELECTION OR DESIGNATE A NEW BENEFICIARY WHERE THE BENEFICIARY HAS
 BEEN CONVICTED OF A FAMILY OFFENSE AS DEFINED IN SECTION  EIGHT  HUNDRED
 TWELVE  OF THE FAMILY COURT ACT OR SECTION 530.11 OF THE CRIMINAL PROCE-
 DURE LAW AND THE RETIRED MEMBER IS A COMPLAINANT.
   2. A RETIRED MEMBER SHALL HAVE ONE HUNDRED EIGHTY DAYS FROM  THE  DATE
 OF  THE BENEFICIARY'S CONVICTION TO CHANGE HIS OR HER ELECTION OR DESIG-
 NATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE RETIRE-
 MENT SYSTEM. ONCE THE RETIREMENT SYSTEM RECEIVES  SUCH  WRITTEN  REQUEST
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00066-08-2

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