S T A T E O F N E W Y O R K
________________________________________________________________________
5223
2025-2026 Regular Sessions
I N A S S E M B L Y
February 12, 2025
___________
Introduced by M. of A. REYES, BUTTENSCHON, HUNTER, CRUZ, SIMON, MORINEL-
LO, GLICK, GIGLIO, LAVINE, HEVESI, ALVAREZ, ROSENTHAL, RAGA, ZINERMAN,
LEVENBERG -- Multi-Sponsored by -- M. of A. COOK -- read once and
referred to the Committee on Governmental Employees
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 their 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 SUCH MEMBER'S
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 SUCH MEMBER'S ELECTION OR
DESIGNATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE
RETIREMENT 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06842-01-5
A. 5223 2
4. THE COMPTROLLER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
NECESSARY FOR THE IMPLEMENTATION OF THIS SUBDIVISION.
§ 2. Section 390 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 SUCH MEMBER'S
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 SUCH MEMBER'S ELECTION OR
DESIGNATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE
RETIREMENT 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.
§ 3. Section 513 of the education law is amended by adding a new
subdivision 5 to read as follows:
5. BENEFICIARY CONVICTED OF A FAMILY OFFENSE. A. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, A RETIRED MEMBER SUBJECT TO THE
PROVISIONS OF THIS ARTICLE SHALL BE PERMITTED TO CHANGE SUCH MEMBER'S
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.
B. A RETIRED MEMBER SHALL HAVE ONE HUNDRED EIGHTY DAYS FROM THE DATE
OF THE BENEFICIARY'S CONVICTION TO CHANGE SUCH MEMBER'S ELECTION OR
DESIGNATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE
RETIREMENT 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.
C. 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.
D. THE COMPTROLLER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
NECESSARY FOR THE IMPLEMENTATION OF THIS SUBDIVISION.
§ 4. The administrative code of the city of New York is amended by
adding a new section 13-177.2 to read as follows:
§ 13-177.2 BENEFICIARY CONVICTED OF A FAMILY OFFENSE. A. NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY, A RETIRED MEMBER SUBJECT
TO THE PROVISIONS OF THIS TITLE SHALL BE PERMITTED TO CHANGE SUCH
MEMBER'S OPTION ELECTION OR DESIGNATE A NEW BENEFICIARY WHERE THE BENE-
FICIARY 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 SUCH MEMBER'S ELECTION OR
DESIGNATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE
A. 5223 3
RETIREMENT SYSTEM. ONCE THE RETIREMENT SYSTEM RECEIVES SUCH WRITTEN
REQUEST THE MEMBER'S BENEFICIARY SHALL BE CHANGED OR A NEW BENEFIT SHALL
BE CALCULATED PURSUANT TO THIS TITLE.
C. THE COMPTROLLER IN CONSULTATION WITH THE OFFICE OF CRIMINAL JUSTICE
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 SECTION.
D. THE COMPTROLLER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
§ 5. The administrative code of the city of New York is amended by
adding a new section 13-261.4 to read as follows:
§ 13-261.4 BENEFICIARY CONVICTED OF A FAMILY OFFENSE. A. NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY, A RETIRED MEMBER SUBJECT
TO THE PROVISIONS OF THIS TITLE SHALL BE PERMITTED TO CHANGE SUCH
MEMBER'S OPTION ELECTION OR DESIGNATE A NEW BENEFICIARY WHERE THE BENE-
FICIARY 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 SUCH MEMBER'S ELECTION OR
DESIGNATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE
RETIREMENT 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 TITLE.
C. THE COMPTROLLER IN CONSULTATION WITH THE OFFICE OF CRIMINAL JUSTICE
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 SECTION.
D. THE COMPTROLLER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
§ 6. The administrative code of the city of New York is amended by
adding a new section 13-369.2 to read as follows:
§ 13-369.2 BENEFICIARY CONVICTED OF A FAMILY OFFENSE. A. NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY, A RETIRED MEMBER SUBJECT
TO THE PROVISIONS OF THIS TITLE SHALL BE PERMITTED TO CHANGE SUCH
MEMBER'S OPTION ELECTION OR DESIGNATE A NEW BENEFICIARY WHERE THE BENE-
FICIARY 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 SUCH MEMBER'S ELECTION OR
DESIGNATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE
RETIREMENT 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 TITLE.
C. THE COMPTROLLER IN CONSULTATION WITH THE OFFICE OF CRIMINAL JUSTICE
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 SECTION.
D. THE COMPTROLLER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
§ 7. The administrative code of the city of New York is amended by
adding a new section 13-559.2 to read as follows:
§ 13-559.2 BENEFICIARY CONVICTED OF A FAMILY OFFENSE. A. NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY, A RETIRED MEMBER SUBJECT
TO THE PROVISIONS OF THIS TITLE SHALL BE PERMITTED TO CHANGE SUCH
A. 5223 4
MEMBER'S OPTION ELECTION OR DESIGNATE A NEW BENEFICIARY WHERE THE BENE-
FICIARY 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 SUCH MEMBER'S ELECTION OR
DESIGNATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE
RETIREMENT 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 TITLE.
C. THE COMPTROLLER IN CONSULTATION WITH THE OFFICE OF CRIMINAL JUSTICE
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 SECTION.
D. THE COMPTROLLER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
§ 8. This act shall take effect on the one hundred eightieth day after
it shall have become a law.