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Assembly Bill A5733

2009-2010 Legislative Session

Prohibits a person who has abandoned his or her spouse or domestic partner from collecting any portion of the spouse's or domestic partner's pension

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A5733 - Details

Current Committee:
Assembly Judiciary
Versions Introduced in Other Legislative Sessions:
2011-2012: A4340
2013-2014: A4783
2015-2016: A6480
2017-2018: A2904
2019-2020: A1331
2021-2022: A1503
2023-2024: A6458
2025-2026: A7247

2009-A5733 - Summary

Prohibits a person who has abandoned his or her spouse or domestic partner from collecting any portion of the spouse's pension.

2009-A5733 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5733

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 19, 2009
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the domestic relations law, in relation to prohibiting a
  person who has abandoned his or her spouse from collecting any portion
  of the spouse's pension

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  domestic  relations  law  is amended by adding a new
section 212 to read as follows:
  S 212. ABANDONMENT; BAR TO PENSION COLLECTION. (A) NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, A PERSON WHO HAS ABANDONED HIS OR  HER
SPOUSE  SHALL  BE  BARRED  FROM  CLAIMING  OR  COLLECTING,  AS PART OF A
DISTRIBUTIVE AWARD, ANY PORTION OF A PENSION OWED TO SUCH SPOUSE BY  ANY
PUBLIC OR PRIVATE EMPLOYER.
  (B)  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO BAR OR IMPEDE THE
ENFORCEMENT OF AN ORDER FOR CHILD SUPPORT OR FOR SPOUSAL MAINTENANCE  BY
GARNISHMENT OR ATTACHMENT OF SUCH PENSION FUNDS OR BY OTHER MEANS.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08765-01-9

2009-A5733A (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Versions Introduced in Other Legislative Sessions:
2011-2012: A4340
2013-2014: A4783
2015-2016: A6480
2017-2018: A2904
2019-2020: A1331
2021-2022: A1503
2023-2024: A6458
2025-2026: A7247

2009-A5733A (ACTIVE) - Summary

Prohibits a person who has abandoned his or her spouse or domestic partner from collecting any portion of the spouse's pension.

2009-A5733A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5733--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 19, 2009
                               ___________

Introduced  by  M. of A. PERRY, COLTON, ESPAILLAT, CAMARA -- Multi-Spon-
  sored by -- M. of A. ROBINSON -- read once and referred to the Commit-
  tee on  Judiciary  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the domestic relations law, in relation to prohibiting a
  person who has abandoned his or her spouse from collecting any portion
  of the spouse's pension

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The domestic relations law  is  amended  by  adding  a  new
section 212 to read as follows:
  S 212. ABANDONMENT; BAR TO PENSION COLLECTION. (A) NOTWITHSTANDING ANY
PROVISION  OF LAW TO THE CONTRARY, A PERSON WHO HAS ABANDONED HIS OR HER
SPOUSE OR DOMESTIC PARTNER SHALL BE BARRED FROM CLAIMING OR  COLLECTING,
AS  PART  OF A DISTRIBUTIVE AWARD, ANY PORTION OF A PENSION OWED TO SUCH
SPOUSE OR DOMESTIC PARTNER BY ANY PUBLIC OR PRIVATE EMPLOYER.
  (B) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO BAR  OR  IMPEDE  THE
ENFORCEMENT  OF AN ORDER FOR CHILD SUPPORT OR FOR SPOUSAL MAINTENANCE BY
GARNISHMENT OR ATTACHMENT OF SUCH PENSION FUNDS OR BY OTHER MEANS.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08765-02-9

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