Bill Text: NY A05629 | 2023-2024 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Moderate Partisan Bill (Democrat 18-2)
Status: (Introduced) 2024-01-03 - referred to governmental employees [A05629 Detail]
Download: New_York-2023-A05629-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5629 2023-2024 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Section 90 of the retirement and social security law is 2 amended by adding a new subdivision f to read as follows: 3 f. Beneficiary convicted of a family offense. 1. Notwithstanding any 4 provision of law to the contrary, a retired member subject to the 5 provisions of this article shall be permitted to change his or her 6 option election or designate a new beneficiary where the beneficiary has 7 been convicted of a family offense as defined in section eight hundred 8 twelve of the family court act or section 530.11 of the criminal proce- 9 dure law and the retired member is a complainant. 10 2. A retired member shall have one hundred eighty days from the date 11 of the beneficiary's conviction to change his or her election or desig- 12 nate a new beneficiary by submitting a request in writing to the retire- 13 ment system. Once the retirement system receives such written request 14 the member's beneficiary shall be changed or a new benefit shall be 15 calculated by the retirement system pursuant to this article. 16 3. The comptroller in consultation with the division of criminal 17 justice services and the New York state office for the prevention of 18 domestic violence shall ensure that retired members are provided notice 19 of the provisions of this subdivision. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05559-01-3A. 5629 2 1 4. The comptroller is authorized to promulgate rules and regulations 2 necessary for the implementation of this subdivision. 3 § 2. Section 390 of the retirement and social security law is amended 4 by adding a new subdivision f to read as follows: 5 f. Beneficiary convicted of a family offense. 1. Notwithstanding any 6 provision of law to the contrary, a retired member subject to the 7 provisions of this article shall be permitted to change his or her 8 option election or designate a new beneficiary where the beneficiary has 9 been convicted of a family offense as defined in section eight hundred 10 twelve of the family court act or section 530.11 of the criminal proce- 11 dure law and the retired member is a complainant. 12 2. A retired member shall have one hundred eighty days from the date 13 of the beneficiary's conviction to change his or her election or desig- 14 nate a new beneficiary by submitting a request in writing to the retire- 15 ment system. Once the retirement system receives such written request 16 the member's beneficiary shall be changed or a new benefit shall be 17 calculated by the retirement system pursuant to this article. 18 3. The comptroller in consultation with the division of criminal 19 justice services and the New York state office for the prevention of 20 domestic violence shall ensure that retired members are provided notice 21 of the provisions of this subdivision. 22 4. The comptroller is authorized to promulgate rules and regulations 23 necessary for the implementation of this subdivision. 24 § 3. Section 513 of the education law is amended by adding a new 25 subdivision 5 to read as follows: 26 5. Beneficiary convicted of a family offense. a. Notwithstanding any 27 provision of law to the contrary, a retired member subject to the 28 provisions of this article shall be permitted to change his or her 29 option election or designate a new beneficiary where the beneficiary has 30 been convicted of a family offense as defined in section eight hundred 31 twelve of the family court act or section 530.11 of the criminal proce- 32 dure law and the retired member is a complainant. 33 b. A retired member shall have one hundred eighty days from the date 34 of the beneficiary's conviction to change his or her election or desig- 35 nate a new beneficiary by submitting a request in writing to the retire- 36 ment system. Once the retirement system receives such written request 37 the member's beneficiary shall be changed or a new benefit shall be 38 calculated by the retirement system pursuant to this article. 39 c. The comptroller in consultation with the division of criminal 40 justice services and the New York state office for the prevention of 41 domestic violence shall ensure that retired members are provided notice 42 of the provisions of this subdivision. 43 d. The comptroller is authorized to promulgate rules and regulations 44 necessary for the implementation of this subdivision. 45 § 4. The administrative code of the city of New York is amended by 46 adding a new section 13-177.2 to read as follows: 47 § 13-177.2 Beneficiary convicted of a family offense. a. Notwith- 48 standing any provision of law to the contrary, a retired member subject 49 to the provisions of this title shall be permitted to change his or her 50 option election or designate a new beneficiary where the beneficiary has 51 been convicted of a family offense as defined in section eight hundred 52 twelve of the family court act or section 530.11 of the criminal proce- 53 dure law and the retired member is a complainant. 54 b. A retired member shall have one hundred eighty days from the date 55 of the beneficiary's conviction to change his or her election or desig- 56 nate a new beneficiary by submitting a request in writing to the retire-A. 5629 3 1 ment system. Once the retirement system receives such written request 2 the member's beneficiary shall be changed or a new benefit shall be 3 calculated pursuant to this title. 4 c. The comptroller in consultation with the office of criminal justice 5 and the New York state office for the prevention of domestic violence 6 shall ensure that retired members are provided notice of the provisions 7 of this section. 8 d. The comptroller is authorized to promulgate rules and regulations 9 necessary for the implementation of this section. 10 § 5. The administrative code of the city of New York is amended by 11 adding a new section 13-261.4 to read as follows: 12 § 13-261.4 Beneficiary convicted of a family offense. a. Notwith- 13 standing any provision of law to the contrary, a retired member subject 14 to the provisions of this title shall be permitted to change his or her 15 option election or designate a new beneficiary where the beneficiary has 16 been convicted of a family offense as defined in section eight hundred 17 twelve of the family court act or section 530.11 of the criminal proce- 18 dure law and the retired member is a complainant. 19 b. A retired member shall have one hundred eighty days from the date 20 of the beneficiary's conviction to change his or her election or desig- 21 nate a new beneficiary by submitting a request in writing to the retire- 22 ment system. Once the retirement system receives such written request 23 the member's beneficiary shall be changed or a new benefit shall be 24 calculated by the retirement system pursuant to this title. 25 c. The comptroller in consultation with the office of criminal justice 26 and the New York state office for the prevention of domestic violence 27 shall ensure that retired members are provided notice of the provisions 28 of this section. 29 d. The comptroller is authorized to promulgate rules and regulations 30 necessary for the implementation of this section. 31 § 6. The administrative code of the city of New York is amended by 32 adding a new section 13-369.2 to read as follows: 33 § 13-369.2 Beneficiary convicted of a family offense. a. Notwith- 34 standing any provision of law to the contrary, a retired member subject 35 to the provisions of this title shall be permitted to change his or her 36 option election or designate a new beneficiary where the beneficiary has 37 been convicted of a family offense as defined in section eight hundred 38 twelve of the family court act or section 530.11 of the criminal proce- 39 dure law and the retired member is a complainant. 40 b. A retired member shall have one hundred eighty days from the date 41 of the beneficiary's conviction to change his or her election or desig- 42 nate a new beneficiary by submitting a request in writing to the retire- 43 ment system. Once the retirement system receives such written request 44 the member's beneficiary shall be changed or a new benefit shall be 45 calculated by the retirement system pursuant to this title. 46 c. The comptroller in consultation with the office of criminal justice 47 and the New York state office for the prevention of domestic violence 48 shall ensure that retired members are provided notice of the provisions 49 of this section. 50 d. The comptroller is authorized to promulgate rules and regulations 51 necessary for the implementation of this section. 52 § 7. The administrative code of the city of New York is amended by 53 adding a new section 13-559.2 to read as follows: 54 § 13-559.2 Beneficiary convicted of a family offense. a. Notwith- 55 standing any provision of law to the contrary, a retired member subject 56 to the provisions of this title shall be permitted to change his or herA. 5629 4 1 option election or designate a new beneficiary where the beneficiary has 2 been convicted of a family offense as defined in section eight hundred 3 twelve of the family court act or section 530.11 of the criminal proce- 4 dure law and the retired member is a complainant. 5 b. A retired member shall have one hundred eighty days from the date 6 of the beneficiary's conviction to change his or her election or desig- 7 nate a new beneficiary by submitting a request in writing to the retire- 8 ment system. Once the retirement system receives such written request 9 the member's beneficiary shall be changed or a new benefit shall be 10 calculated by the retirement system pursuant to this title. 11 c. The comptroller in consultation with the office of criminal justice 12 and the New York state office for the prevention of domestic violence 13 shall ensure that retired members are provided notice of the provisions 14 of this section. 15 d. The comptroller is authorized to promulgate rules and regulations 16 necessary for the implementation of this section. 17 § 8. This act shall take effect on the one hundred eightieth day after 18 it shall have become a law.
