S T A T E O F N E W Y O R K
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6841
2019-2020 Regular Sessions
I N A S S E M B L Y
March 21, 2019
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Introduced by M. of A. REYES -- read once and referred to the Committee
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.