S T A T E O F N E W Y O R K
________________________________________________________________________
5165
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
___________
Introduced by M. of A. GLICK, O'DONNELL, HOYT, PERALTA, N. RIVERA --
Multi-Sponsored by -- M. of A. BING, BRENNAN, CAHILL, COLTON, DIAZ,
DINOWITZ, ESPAILLAT, GOTTFRIED, JOHN, KELLNER, LIFTON, V. LOPEZ, McEN-
ENY, ORTIZ, PAULIN, PHEFFER, TOWNS -- read once and referred to the
Committee on Governmental Employees
AN ACT to amend the general municipal law and the retirement and social
security law, in relation to providing accidental death benefits to
domestic partners and the children of domestic partners in the case of
certain members
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 3 and 4 of section 208-b of the general munic-
ipal law, as added by chapter 882 of the laws of 1958, are amended and a
new subdivision 6 is added to read as follows:
3. The death benefit shall be paid to:
a. The member's widow OR HIS OR HER DOMESTIC PARTNER, or if he OR SHE
shall leave no widow OR WIDOWER, OR DOMESTIC PARTNER, or if his OR HER
widow OR WIDOWER, OR DOMESTIC PARTNER shall die before receiving the
total of the amounts provided in subdivision two [hereof] OF THIS
SECTION, then to
b. His OR HER child or children, INCLUDING THE DEPENDENT CHILD OR
CHILDREN OF HIS OR HER DOMESTIC PARTNER, under age eighteen, in equal
amounts.
4. Application for death benefit shall be made:
a. By the member's widow OR WIDOWER, OR DOMESTIC PARTNER.
b. By any of his OR HER children, INCLUDING THE DEPENDENT CHILD OR
CHILDREN OF HIS OR HER DOMESTIC PARTNER.
c. By any person in behalf of the widow OR WIDOWER, DOMESTIC PARTNER
or children.
6. FOR PURPOSES OF THIS SECTION ONLY, "DOMESTIC PARTNER" MEANS A
PERSON WHO, WITH RESPECT TO ANOTHER PERSON:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04493-02-9
A. 5165 2
A. IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
OR FOREIGN JURISDICTION; OR
B. IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER THE
OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
C. IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH A
OR B OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP OF
THE PERSONS.
S 2. Section 208-f of the general municipal law is amended by adding
two new subdivisions j and k to read as follows:
J. FOR THE PURPOSES OF THIS SECTION, WHERE ALL REQUIREMENTS OF THIS
SECTION HAVE BEEN MET FOR THE PAYMENT OF SPECIAL ACCIDENTAL DEATH BENE-
FIT PURSUANT TO THIS SECTION BASED ON THE DEATH OF (1) A DECEASED MEMBER
OF A PENSION OR RETIREMENT SYSTEM OF A POLICE DEPARTMENT OR PAID FIRE
DEPARTMENT OF A CITY (OUTSIDE THE CITY OF NEW YORK), TOWN OR VILLAGE;
(2) A DECEASED PAID UNIFORMED MEMBER OF A COUNTY SHERIFF'S DEPARTMENT
(OUTSIDE THE CITY OF NEW YORK); OR (3) A DECEASED EMPLOYEE (OUTSIDE THE
CITY OF NEW YORK) IN A TITLE WHOSE DUTIES REQUIRE THE SUPERVISION OF
EMPLOYEES WHOSE DUTIES ARE THOSE OF AN EMERGENCY MEDICAL TECHNICIAN OR
ADVANCED EMERGENCY MEDICAL TECHNICIAN (AS THOSE TERMS ARE DEFINED IN
SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW), THE TERMS "WIDOW"
AND "WIDOWER", AS USED IN THIS SECTION, SHALL BE DEEMED TO INCLUDE THE
SURVIVING DOMESTIC PARTNER AND THE TERM "DECEASED MEMBER'S CHILDREN"
SHALL BE DEEMED TO INCLUDE THE DEPENDENT CHILD OR CHILDREN OF HIS OR HER
DOMESTIC PARTNER.
K. FOR PURPOSES OF THIS SECTION ONLY, "DOMESTIC PARTNER" MEANS A
PERSON WHO, WITH RESPECT TO ANOTHER PERSON:
1. IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
OR FOREIGN JURISDICTION; OR
2. IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER THE
OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
3. IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH ONE
OR TWO OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP
OF THE PERSONS.
S 3. Paragraphs 1 and 2 of subdivision d of section 361 of the retire-
ment and social security law, as amended by chapter 733 of the laws of
1990, are amended to read as follows:
1. The member's widow or widower, OR DOMESTIC PARTNER, to continue
during his or her lifetime. If he or she shall leave no widow or widow-
A. 5165 3
er OR DOMESTIC PARTNER, or if his or her widow or widower OR DOMESTIC
PARTNER shall die before all his or her children, INCLUDING THE DEPEND-
ENT CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER, shall have
attained age eighteen, or if students, before all of his or her
children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF HIS OR HER DOMES-
TIC PARTNER, shall have attained age twenty-three, or sooner die, then
to
2. His or her child or children, INCLUDING THE DEPENDENT CHILD OR
CHILDREN OF HIS OR HER DOMESTIC PARTNER, under age eighteen, or, if
students, his or her children under age twenty-three, divided in such
manner as the comptroller, in his discretion, shall determine. Such
pension shall continue as a joint and survivor pension until every such
child shall have attained age eighteen, or, if a student, shall have
attained age twenty-three, or sooner die. If no widow or widower OR
DOMESTIC PARTNER or child under age eighteen, or, if a student, under
age twenty-three, shall survive such member, at the time of his or her
death, then to
S 4. Subdivision d of section 361 of the retirement and social securi-
ty law is amended by adding a new undesignated paragraph to read as
follows:
FOR PURPOSES OF THIS SUBDIVISION ONLY, "DOMESTIC PARTNER" MEANS A
PERSON WHO, WITH RESPECT TO ANOTHER PERSON:
(I) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
OR FOREIGN JURISDICTION; OR
(II) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER
THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
(III) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER SUBPARAGRAPH
(I) OR (II) OF THIS PARAGRAPH; OR THE LENGTH OF THE PERSONAL RELATION-
SHIP OF THE PERSONS.
S 5. The opening paragraph of subdivision a, the opening paragraph of
subdivision b, the opening paragraph of subdivision c and subdivision e
of section 361-a of the retirement and social security law, the opening
paragraph of subdivision a, the opening paragraph of subdivision b and
subdivision e as amended by chapter 733 of the laws of 1990 and the
opening paragraph of subdivision c as amended by chapter 76 of the laws
of 2008, are amended and a new subdivision g is added to read as
follows:
Notwithstanding any other provision of law, a widow or widower, OR
DOMESTIC PARTNER, or the deceased member's children, INCLUDING THE
DEPENDENT CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER, under the
age of eighteen or, if a student, under the age of twenty-three, if the
widow or widower OR DOMESTIC PARTNER has died who is or are receiving
the accidental death benefit provided by section three hundred sixty-one
of this [chapter] TITLE, shall also be paid the special accidental death
benefit authorized by this section.
The special accidental death benefit shall be payable from the pension
accumulation fund, and shall consist of a pension which is equal to the
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salary of the deceased member reduced by the sum of each of the follow-
ing benefits received by the widow or widower OR DOMESTIC PARTNER or the
deceased member's children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF
HIS OR HER DOMESTIC PARTNER, under the age of eighteen or, if a student,
under the age of twenty-three, if the widow or widower OR DOMESTIC PART-
NER has died, on account of the death of the deceased member:
[Commencing July first, two thousand eight the] THE special accidental
death benefit paid to a widow or widower OR DOMESTIC PARTNER or the
deceased member's children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF
HIS OR HER DOMESTIC PARTNER, under the age of eighteen or, if a student,
under the age of twenty-three, if the widow or widower OR DOMESTIC PART-
NER has died, shall be escalated by adding thereto an additional
percentage of the salary of the deceased member, as increased pursuant
to subdivision b of this section, in accordance with the following sche-
dule:
e. The special accidental death benefit shall be paid to:
1. The member's widow or widower OR DOMESTIC PARTNER to continue
during his or her lifetime. If he or she shall leave no widow or widow-
er OR DOMESTIC PARTNER, or if his or her widow or widower OR DOMESTIC
PARTNER shall die before all his or her children, INCLUDING THE DEPEND-
ENT CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER, shall have
attained age eighteen or, if a student, shall have attained the age of
twenty-three or sooner die, then to
2. His or her child or children, INCLUDING THE DEPENDENT CHILD OR
CHILDREN OF HIS OR HER DOMESTIC PARTNER, under age eighteen or, if a
student, under the age of twenty-three, divided in such manner as the
comptroller, in his OR HER discretion, shall determine. Such pension
shall continue in the same amount as received by the member's widow or
widower OR DOMESTIC PARTNER as a joint and survivor pension until every
such child shall have attained age eighteen or, if a student, attained
the age of twenty-three or sooner die.
G. FOR PURPOSES OF THIS SECTION ONLY, "DOMESTIC PARTNER" MEANS A
PERSON WHO, WITH RESPECT TO ANOTHER PERSON:
1. IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
OR FOREIGN JURISDICTION; OR
2. IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER THE
OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
3. IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH ONE
OR TWO OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP
OF THE PERSONS.
S 6. Paragraphs 1 and 2 of subdivision d of section 61 of the retire-
ment and social security law, as amended by chapter 141 of the laws of
1977, are amended and a new subdivision e is added to read as follows:
1. The member's widow or widower to continue during his or her widow-
hood. If he or she shall leave no widow or widower, or if his or her
widow or widower shall die or [remarry] ENTER INTO A MARRIAGE OR REMAR-
RIAGE, OR ENTER INTO ANOTHER DOMESTIC PARTNERSHIP RELATIONSHIP, before
A. 5165 5
all his or her children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF
HIS OR HER DOMESTIC PARTNER, shall have attained age eighteen or sooner
die, then to
2. His or her child or children, INCLUDING THE DEPENDENT CHILD OR
CHILDREN OF HIS OR HER DOMESTIC PARTNER, under age eighteen, divided in
such manner as the comptroller, in his discretion, shall determine. Such
pension shall continue as a joint and survivor pension until every such
child shall have attained age eighteen or sooner die. If no widow or
widower or child under age eighteen shall survive such member, at the
time of his or her death, then to
E. FOR PURPOSES OF THIS SECTION ONLY, THE TERM WIDOW OR WIDOWER SHALL
INCLUDE A SURVIVING DOMESTIC PARTNER AND THE PENSION ON ACCOUNT OF ACCI-
DENTAL DEATH AND THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY SHALL BE
PAY-ABLE TO SUCH SURVIVING DOMESTIC PARTNER IN THE SAME FORM AND MANNER.
THE TERM "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT TO
ANOTHER PERSON:
1. IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
OR FOREIGN JURISDICTION; OR
2. IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER THE
OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
3. IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH ONE
OR TWO OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP
OF THE PERSONS.
S 7. Subdivision 7 of section 501 of the retirement and social securi-
ty law, as amended by chapter 408 of the laws of 2000, is amended and a
new subdivision 25 is added to read as follows:
7. "Eligible beneficiary" for the purposes of section five hundred
nine of this article shall mean the following persons or classes of
persons in the order set forth: (a) a surviving spouse OR DOMESTIC PART-
NER who has not renounced survivorship rights in a separation agreement,
OR until MARRIAGE OR remarriage, OR UNTIL SUCH SURVIVING DOMESTIC PART-
NER ENTERS INTO ANOTHER DOMESTIC PARTNERSHIP RELATIONSHIP, (b) surviving
children until age twenty-five, INCLUDING THE DEPENDENT CHILD OR CHIL-
DREN OF HIS OR HER DOMESTIC PARTNER, (c) dependent parents, determined
under regulations promulgated by the comptroller, (d) any other person
who qualified as a dependent on the final federal income tax return of
the member or the return filed in the year immediately preceding the
year of death, until such person reaches twenty-one years of age and (e)
with respect to members of the New York city employees' retirement
system and the board of education retirement system of the city of New
York, a person whom the member shall have nominated in the form of a
written designation, duly acknowledged and filed with the head of the
retirement system for the purpose of section five hundred eight of this
article. In the event that a class of eligible beneficiaries consists of
more than one person, benefits shall be divided equally among the
persons in such class. For the purposes of section five hundred eight OF
THIS ARTICLE the term "eligible beneficiary" shall mean such person as
A. 5165 6
the member shall have nominated to receive the benefits provided in this
article. To be effective, such a nomination must be in the form of a
written designation, duly acknowledged and filed with the head of the
retirement system for this specific purpose. In the event such desig-
nated beneficiary does not survive him OR HER, or if he OR SHE shall not
have so designated a beneficiary, such benefits shall be payable to the
deceased member's estate or as provided in section one thousand three
hundred ten of the surrogate's court procedure act.
25. "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT TO ANOTH-
ER PERSON, WHEN SUCH OTHER PERSON IS NOT A MEMBER OF A PUBLIC RETIREMENT
SYSTEM OR PENSION FUND IN A CITY OF ONE MILLION OR MORE UNDER PARAGRAPH
ONE OF SUBDIVISION B OF SECTION FIVE HUNDRED OF THIS ARTICLE:
(A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
OR FOREIGN JURISDICTION; OR
(B) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER
THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
(C) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH (A)
OR (B) OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP
OF THE PERSONS.
S 8. Subdivision d of section 601 of the retirement and social securi-
ty law, as amended by chapter 408 of the laws of 2000, is amended and a
new subdivision m is added to read as follows:
d. "Eligible beneficiary" for the purposes of section six hundred
seven of this article shall mean the following persons or classes of
persons in the order set forth:
1. A surviving spouse OR DOMESTIC PARTNER who has not renounced survi-
vorship rights in a separation agreement, OR until MARRIAGE OR remar-
riage, OR UNTIL SUCH SURVIVING DOMESTIC PARTNER ENTERS INTO ANOTHER
DOMESTIC PARTNERSHIP RELATIONSHIP;
2. Surviving children until age twenty-five, INCLUDING THE DEPENDENT
CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER;
3. Dependent parents, determined under regulations promulgated by the
head of the retirement system;
4. Any other person who qualified as a dependent on the final federal
income tax return of the member or the return filed in the year imme-
diately preceding the year of death, until such person reaches twenty-
one years of age. In the event that a class of eligible beneficiaries
consists of more than one person, benefits shall be divided equally
among the persons in such class; and
5. With respect to members of the New York city employees' retirement
system or the board of education employees' retirement system of the
city of New York only, a person or persons whom the member shall have
nominated in the form of a written designation, duly acknowledged and
filed with the head of the retirement system for the purpose of section
six hundred six of this article.
A. 5165 7
M. "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT TO ANOTHER
PERSON, WHEN SUCH OTHER PERSON IS NOT A MEMBER OF A PUBLIC RETIREMENT
SYSTEM OR PENSION FUND IN A CITY OF ONE MILLION OR MORE:
1. IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
OR FOREIGN JURISDICTION; OR
2. IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER THE
OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
3. IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH ONE
OR TWO OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP
OF THE PERSONS.
S 9. This act shall take effect immediately and shall apply only to
members who become deceased on or after the effective date of this act;
provided, however, that the amendments to sections 501 and 601 of the
retirement and social security law made by sections seven and eight of
this act shall expire on the same date as such sections expire pursuant
to section 615 of such law.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend the retirement and social security law and the
general municipal law in relation to accidental death benefits for
members of certain public retirement systems in New York State. It would
grant accidental death benefits to domestic partners and dependent chil-
dren of domestic partners.
If this bill is enacted, insofar as it affects the New York State and
Local Employees Retirement System and the New York State and Local
Police and Fire Retirement System, it could lead to more deaths being
classified as "accidental", since it expands the definition of benefici-
aries eligible for accidental deaths. For each death newly classified as
accidental due to this bill, the cost would depend on the age, service,
salary and plan of the affected member. It is estimated that there could
be per person one-time costs of approximately three (3) times salary for
members in the New York State and Local Employees' Retirement System
(ERS), and twelve (12) times salary for members in the New York State
and Local Police and Fire Retirement System (PFRS). These costs would be
borne by the State of New York and all the participating employers in
the ERS and the PFRS.
This estimate, dated January 29, 2009, and intended for use only
during the 2009 Legislative Session, is Fiscal Note No. 2009-110
prepared by the Actuary for the New York State and Local Employees'
Retirement System and the New York State and Local Police and Fire
Retirement System.