Senate Bill S5131

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current 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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2023-S5131 (ACTIVE) - Details

See Assembly Version of this Bill:
A5629
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: S4062, A6841
2021-2022: S3991, A6351

2023-S5131 (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.

2023-S5131 (ACTIVE) - Sponsor Memo

2023-S5131 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5131
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 Introduced  by  Sen.  WEBB  --  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,  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
 THE  MEMBER'S  BENEFICIARY  SHALL  BE  CHANGED OR A NEW BENEFIT SHALL BE
 CALCULATED BY THE RETIREMENT SYSTEM PURSUANT TO THIS ARTICLE.
   3. THE COMPTROLLER IN  CONSULTATION  WITH  THE  DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES  AND  THE  NEW YORK STATE OFFICE FOR THE PREVENTION OF
 DOMESTIC VIOLENCE SHALL ENSURE THAT RETIRED MEMBERS ARE PROVIDED  NOTICE
 OF THE PROVISIONS OF THIS SUBDIVISION.
   4.  THE  COMPTROLLER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
 NECESSARY FOR THE IMPLEMENTATION OF THIS SUBDIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05559-01-3
 S. 5131                             2

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