NY State Assembly Bill 2023-A5629

Assembly Bill A5629

2023-2024 Legislative Session

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

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Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to governmental employees
Mar 20, 2023	referred to governmental employees

co-Sponsors

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multi-Sponsors

2023-A5629 (ACTIVE) - Details

See Senate Version of this Bill:: S5131
Current Committee:: Assembly Governmental Employees
Law Section:: Retirement and Social Security Law
Laws Affected:: Amd §§90 & 390, R & SS L; amd §513, Ed L; add §§13-177.2, 13-261.4, 13-369.2 & 13-559.2, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2019-2020: A6841, S4062
2021-2022: A6351, S3991

2023-A5629 (ACTIVE) - Summary

Permits a retired member to change his or her option election or designate a new beneficiary where the beneficiary has been convicted of a family offense.

2023-A5629 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5629
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2023
                                ___________
 
 Introduced  by  M.  of  A.  REYES, BUTTENSCHON, THIELE, DICKENS, HUNTER,
   CRUZ,  SIMON,  MORINELLO,  GLICK,  J. M. GIGLIO,  LAVINE,  DARLING  --
   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 his or her 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 HIS OR HER
 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 HIS OR HER ELECTION OR DESIG-
 NATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE RETIRE-
 MENT 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.
                                                            LBD05559-01-3
 A. 5629                             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  HIS  OR  HER
 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 HIS OR HER ELECTION OR  DESIG-
 NATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE RETIRE-
 MENT  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  HIS  OR  HER
 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 HIS OR HER ELECTION OR  DESIG-
 NATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE RETIRE-
 MENT  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 HIS OR  HER
 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 HIS OR HER ELECTION OR  DESIG-
 NATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE RETIRE-
 A. 5629                             3

 MENT  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 HIS OR HER
 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 HIS OR HER ELECTION OR DESIG-
 NATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE RETIRE-
 MENT 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 HIS OR  HER
 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 HIS OR HER ELECTION OR  DESIG-
 NATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE RETIRE-
 MENT  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 HIS OR HER
 A. 5629                             4
 
 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 HIS OR HER ELECTION OR  DESIG-
 NATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE RETIRE-
 MENT  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.

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Assembly Bill A5629

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Sponsored By

REYES

Current Bill Status - In Assembly Committee

co-Sponsors

Marianne Buttenschon

Fred Thiele

Inez E. Dickens

Pamela J. Hunter

multi-Sponsors

Vivian Cook

2023-A5629 (ACTIVE) - Details

2023-A5629 (ACTIVE) - Summary

2023-A5629 (ACTIVE) - Bill Text download pdf

Comments