senate Bill S4062

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to civil service and pensions
Feb 26, 2019 referred to civil service and pensions

Co-Sponsors

S4062 (ACTIVE) - Details

See Assembly Version of this Bill:
A6841
Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §111-b, R & SS L
Versions Introduced in 2021-2022 Legislative Session:
S3991, A6351

S4062 (ACTIVE) - Summary

Imposes the forfeiture of a beneficiary's right to benefits upon conviction of domestic violence offense where the victim of such crime is the member for which he or she is a beneficiary.

S4062 (ACTIVE) - Sponsor Memo

S4062 (ACTIVE) - Bill Text download pdf


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

                                  4062

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 26, 2019
                               ___________

Introduced  by Sen. CARLUCCI -- 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, 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.

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