Bill Text: NY A04253 | 2011-2012 | General Assembly | Amended
Bill Title: Relates to providing accidental death benefits to domestic partners and the children of domestic partners in the case of certain members; changes the definition of eligible beneficiary to include domestic partners and children of domestic partners of members of certain retirement systems; excludes New York city.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Introduced - Dead) 2012-06-18 - ordered to third reading rules cal.287 [A04253 Detail]
Download: New_York-2011-A04253-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4253--B 2011-2012 Regular Sessions I N A S S E M B L Y February 2, 2011 ___________ Introduced by M. of A. GLICK, O'DONNELL, HOYT, N. RIVERA, MARKEY, WEPRIN -- Multi-Sponsored by -- M. of A. BING, BRENNAN, CAHILL, COLTON, DINOWITZ, GOTTFRIED, LIFTON, V. LOPEZ, McENENY, ORTIZ, PAULIN -- read once and referred to the Committee on Governmental Employees -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general municipal law and the retirement and social security law, in relation to providing accidental death benefits to domestic partners and the children of domestic partners in the case of certain members THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivisions 3 and 4 of section 208-b of the general munic- 2 ipal law, as added by chapter 882 of the laws of 1958, are amended and a 3 new subdivision 6 is added to read as follows: 4 3. The death benefit shall be paid to: 5 a. The member's widow OR HIS OR HER DOMESTIC PARTNER, or if he OR SHE 6 shall leave no widow OR WIDOWER, OR DOMESTIC PARTNER, or if his OR HER 7 widow OR WIDOWER, OR DOMESTIC PARTNER shall die before receiving the 8 total of the amounts provided in subdivision two [hereof] OF THIS 9 SECTION, then to 10 b. His OR HER child or children, INCLUDING THE DEPENDENT CHILD OR 11 CHILDREN OF HIS OR HER DOMESTIC PARTNER, under age eighteen, in equal 12 amounts. 13 4. Application for death benefit shall be made: 14 a. By the member's widow OR WIDOWER, OR DOMESTIC PARTNER. 15 b. By any of his OR HER children, INCLUDING THE DEPENDENT CHILD OR 16 CHILDREN OF HIS OR HER DOMESTIC PARTNER. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05970-04-1 A. 4253--B 2 1 c. By any person in behalf of the widow OR WIDOWER, DOMESTIC PARTNER 2 or children. 3 6. FOR PURPOSES OF THIS SECTION ONLY: (A) "DOMESTIC PARTNER" MEANS A 4 PERSON WHO, WITH RESPECT TO ANOTHER PERSON: 5 (I) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION- 6 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE 7 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS- 8 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY 9 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY, 10 OR FOREIGN JURISDICTION; OR 11 (II) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER 12 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR 13 (III) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR 14 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A 15 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO: 16 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON 17 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON; 18 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER SUBPARAGRAPH 19 (I) OR (II) OF THIS PARAGRAPH; OR THE LENGTH OF THE PERSONAL RELATION- 20 SHIP OF THE PERSONS. 21 EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE 22 DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT 23 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER 24 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC 25 PARTNER" SHALL ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN 26 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS 27 RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE 28 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON. 29 B. "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER. 30 S 2. Section 208-f of the general municipal law is amended by adding 31 two new subdivisions j and k to read as follows: 32 J. FOR THE PURPOSES OF THIS SECTION, WHERE ALL REQUIREMENTS OF THIS 33 SECTION HAVE BEEN MET FOR THE PAYMENT OF SPECIAL ACCIDENTAL DEATH BENE- 34 FIT PURSUANT TO THIS SECTION BASED ON THE DEATH OF (1) A DECEASED MEMBER 35 OF A PENSION OR RETIREMENT SYSTEM OF A POLICE DEPARTMENT OR PAID FIRE 36 DEPARTMENT OF A CITY (OUTSIDE THE CITY OF NEW YORK), TOWN OR VILLAGE; 37 (2) A DECEASED PAID UNIFORMED MEMBER OF A COUNTY SHERIFF'S DEPARTMENT 38 (OUTSIDE THE CITY OF NEW YORK); OR (3) A DECEASED EMPLOYEE (OUTSIDE THE 39 CITY OF NEW YORK) IN A TITLE WHOSE DUTIES REQUIRE THE SUPERVISION OF 40 EMPLOYEES WHOSE DUTIES ARE THOSE OF AN EMERGENCY MEDICAL TECHNICIAN OR 41 ADVANCED EMERGENCY MEDICAL TECHNICIAN (AS THOSE TERMS ARE DEFINED IN 42 SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW), THE TERMS "WIDOW" 43 AND "WIDOWER", AS USED IN THIS SECTION, SHALL BE DEEMED TO INCLUDE THE 44 SURVIVING DOMESTIC PARTNER AND THE TERM "DECEASED MEMBER'S CHILDREN" 45 SHALL BE DEEMED TO INCLUDE THE DEPENDENT CHILD OR CHILDREN OF HIS OR HER 46 DOMESTIC PARTNER. 47 K. FOR PURPOSES OF THIS SECTION ONLY: 1. "DOMESTIC PARTNER" MEANS A 48 PERSON WHO, WITH RESPECT TO ANOTHER PERSON: 49 (I) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION- 50 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE 51 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS- 52 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY 53 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY, 54 OR FOREIGN JURISDICTION; OR 55 (II) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER 56 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR A. 4253--B 3 1 (III) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR 2 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A 3 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO: 4 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON 5 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON; 6 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER SUBPARAGRAPH 7 (I) OR (II) OF THIS PARAGRAPH; OR THE LENGTH OF THE PERSONAL RELATION- 8 SHIP OF THE PERSONS. 9 EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE 10 DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT 11 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER 12 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC 13 PARTNER" SHALL ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN 14 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS 15 RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE 16 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON. 17 2. "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER. 18 S 3. Paragraphs 1 and 2 of subdivision d of section 61 of the retire- 19 ment and social security law, as amended by chapter 141 of the laws of 20 1977, are amended and a new subdivision e is added to read as follows: 21 1. The member's widow or widower to continue during his or her widow- 22 hood. If he or she shall leave no widow or widower, or if his or her 23 widow or widower shall die or [remarry] ENTER INTO A MARRIAGE OR REMAR- 24 RIAGE, OR ENTER INTO ANOTHER DOMESTIC PARTNERSHIP RELATIONSHIP, before 25 all his or her children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF 26 HIS OR HER DOMESTIC PARTNER, shall have attained age eighteen or sooner 27 die, then to 28 2. His or her child or children, INCLUDING THE DEPENDENT CHILD OR 29 CHILDREN OF HIS OR HER DOMESTIC PARTNER, under age eighteen, divided in 30 such manner as the comptroller, in his discretion, shall determine. Such 31 pension shall continue as a joint and survivor pension until every such 32 child shall have attained age eighteen or sooner die. If no widow or 33 widower or child under age eighteen shall survive such member, at the 34 time of his or her death, then to 35 E. FOR PURPOSES OF THIS SECTION ONLY, THE TERM WIDOW OR WIDOWER SHALL 36 INCLUDE A SURVIVING DOMESTIC PARTNER AND THE PENSION ON ACCOUNT OF ACCI- 37 DENTAL DEATH AND THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY SHALL BE 38 PAY-ABLE TO SUCH SURVIVING DOMESTIC PARTNER IN THE SAME FORM AND MANNER. 39 THE TERM "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT TO 40 ANOTHER PERSON: 41 1. IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION- 42 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE 43 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS- 44 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY 45 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY, 46 OR FOREIGN JURISDICTION; OR 47 2. IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER THE 48 OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR 49 3. IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR 50 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A 51 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO: 52 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON 53 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON; 54 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH ONE 55 OR TWO OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP 56 OF THE PERSONS. A. 4253--B 4 1 EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE 2 DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT 3 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER 4 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC 5 PARTNER" SHALL ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN 6 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS 7 RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE 8 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON. 9 THE TERM "PERSON" SHALL MEAN A NATURAL PERSON EIGHTEEN YEARS OF AGE OR 10 OLDER. 11 S 4. Paragraphs 1 and 2 of subdivision d of section 361 of the retire- 12 ment and social security law, as amended by chapter 733 of the laws of 13 1990, are amended to read as follows: 14 1. The member's widow or widower, OR DOMESTIC PARTNER, to continue 15 during his or her lifetime. If he or she shall leave no widow or widow- 16 er OR DOMESTIC PARTNER, or if his or her widow or widower OR DOMESTIC 17 PARTNER shall die before all his or her children, INCLUDING THE DEPEND- 18 ENT CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER, shall have 19 attained age eighteen, or if students, before all of his or her 20 children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF HIS OR HER DOMES- 21 TIC PARTNER, shall have attained age twenty-three, or sooner die, then 22 to 23 2. His or her child or children, INCLUDING THE DEPENDENT CHILD OR 24 CHILDREN OF HIS OR HER DOMESTIC PARTNER, under age eighteen, or, if 25 students, his or her children under age twenty-three, divided in such 26 manner as the comptroller, in his discretion, shall determine. Such 27 pension shall continue as a joint and survivor pension until every such 28 child shall have attained age eighteen, or, if a student, shall have 29 attained age twenty-three, or sooner die. If no widow or widower OR 30 DOMESTIC PARTNER or child under age eighteen, or, if a student, under 31 age twenty-three, shall survive such member, at the time of his or her 32 death, then to 33 S 5. Subdivision d of section 361 of the retirement and social securi- 34 ty law is amended by adding three new undesignated paragraphs to read as 35 follows: 36 FOR PURPOSES OF THIS SUBDIVISION ONLY, "DOMESTIC PARTNER" MEANS A 37 PERSON WHO, WITH RESPECT TO ANOTHER PERSON: 38 (I) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION- 39 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE 40 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS- 41 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY 42 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY, 43 OR FOREIGN JURISDICTION; OR 44 (II) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER 45 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR 46 (III) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR 47 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A 48 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO: 49 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON 50 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON; 51 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER SUBPARAGRAPH 52 (I) OR (II) OF THIS PARAGRAPH; OR THE LENGTH OF THE PERSONAL RELATION- 53 SHIP OF THE PERSONS. 54 EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE 55 DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT 56 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER A. 4253--B 5 1 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC 2 PARTNER" SHALL ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN 3 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS 4 RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE 5 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON. 6 "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER. 7 S 6. The opening paragraph of subdivision a, the opening paragraph of 8 subdivision b, the opening paragraph of subdivision c and subdivision e 9 of section 361-a of the retirement and social security law, the opening 10 paragraph of subdivision a, the opening paragraph of subdivision b and 11 subdivision e as amended by chapter 733 of the laws of 1990 and the 12 opening paragraph of subdivision c as amended by chapter 439 of the laws 13 of 2010, are amended and a new subdivision g is added to read as 14 follows: 15 Notwithstanding any other provision of law, a widow or widower, OR 16 DOMESTIC PARTNER, or the deceased member's children, INCLUDING THE 17 DEPENDENT CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER, under the 18 age of eighteen or, if a student, under the age of twenty-three, if the 19 widow or widower OR DOMESTIC PARTNER has died who is or are receiving 20 the accidental death benefit provided by section three hundred sixty-one 21 of this [chapter] TITLE, shall also be paid the special accidental death 22 benefit authorized by this section. 23 The special accidental death benefit shall be payable from the pension 24 accumulation fund, and shall consist of a pension which is equal to the 25 salary of the deceased member reduced by the sum of each of the follow- 26 ing benefits received by the widow or widower OR DOMESTIC PARTNER or the 27 deceased member's children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF 28 HIS OR HER DOMESTIC PARTNER, under the age of eighteen or, if a student, 29 under the age of twenty-three, if the widow or widower OR DOMESTIC PART- 30 NER has died, on account of the death of the deceased member: 31 [Commencing July first, two thousand ten the] THE special accidental 32 death benefit paid to a widow or widower OR DOMESTIC PARTNER or the 33 deceased member's children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF 34 HIS OR HER DOMESTIC PARTNER, under the age of eighteen or, if a student, 35 under the age of twenty-three, if the widow or widower OR DOMESTIC PART- 36 NER has died, shall be escalated by adding thereto an additional 37 percentage of the salary of the deceased member, as increased pursuant 38 to subdivision b of this section, in accordance with the following sche- 39 dule: 40 e. The special accidental death benefit shall be paid to: 41 1. The member's widow or widower OR DOMESTIC PARTNER to continue 42 during his or her lifetime. If he or she shall leave no widow or widow- 43 er OR DOMESTIC PARTNER, or if his or her widow or widower OR DOMESTIC 44 PARTNER shall die before all his or her children, INCLUDING THE DEPEND- 45 ENT CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER, shall have 46 attained age eighteen or, if a student, shall have attained the age of 47 twenty-three or sooner die, then to 48 2. His or her child or children, INCLUDING THE DEPENDENT CHILD OR 49 CHILDREN OF HIS OR HER DOMESTIC PARTNER, under age eighteen or, if a 50 student, under the age of twenty-three, divided in such manner as the 51 comptroller, in his OR HER discretion, shall determine. Such pension 52 shall continue in the same amount as received by the member's widow or 53 widower OR DOMESTIC PARTNER as a joint and survivor pension until every 54 such child shall have attained age eighteen or, if a student, attained 55 the age of twenty-three or sooner die. 56 G. FOR PURPOSES OF THIS SECTION ONLY: A. 4253--B 6 1 1. "DOMESTIC PARTNER" MEANS A PERSON WHO, WITH RESPECT TO ANOTHER 2 PERSON: 3 (I) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION- 4 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE 5 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS- 6 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY 7 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY, 8 OR FOREIGN JURISDICTION; OR 9 (II) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER 10 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR 11 (III) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR 12 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A 13 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO: 14 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON 15 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON; 16 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER SUBPARAGRAPH 17 (I) OR (II) OF THIS PARAGRAPH; OR THE LENGTH OF THE PERSONAL RELATION- 18 SHIP OF THE PERSONS. 19 EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE 20 DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT 21 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER 22 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC 23 PARTNER" SHALL ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN 24 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS 25 RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE 26 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON. 27 2. "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER. 28 S 7. Subdivision 7 of section 501 of the retirement and social securi- 29 ty law, as amended by chapter 408 of the laws of 2000, is amended and 30 two new subdivisions 25 and 26 are added to read as follows: 31 7. "Eligible beneficiary" for the purposes of section five hundred 32 nine of this article shall mean the following persons or classes of 33 persons in the order set forth: (a) a surviving spouse OR DOMESTIC PART- 34 NER who has not renounced survivorship rights in a separation agreement, 35 OR until MARRIAGE OR remarriage, OR UNTIL SUCH SURVIVING DOMESTIC PART- 36 NER ENTERS INTO ANOTHER DOMESTIC PARTNERSHIP RELATIONSHIP, (b) surviving 37 children until age twenty-five, INCLUDING THE DEPENDENT CHILD OR CHIL- 38 DREN OF HIS OR HER DOMESTIC PARTNER, (c) dependent parents, determined 39 under regulations promulgated by the comptroller, (d) any other person 40 who qualified as a dependent on the final federal income tax return of 41 the member or the return filed in the year immediately preceding the 42 year of death, until such person reaches twenty-one years of age and (e) 43 with respect to members of the New York city employees' retirement 44 system and the board of education retirement system of the city of New 45 York, a person whom the member shall have nominated in the form of a 46 written designation, duly acknowledged and filed with the head of the 47 retirement system for the purpose of section five hundred eight of this 48 article. In the event that a class of eligible beneficiaries consists of 49 more than one person, benefits shall be divided equally among the 50 persons in such class. For the purposes of section five hundred eight OF 51 THIS ARTICLE the term "eligible beneficiary" shall mean such person as 52 the member shall have nominated to receive the benefits provided in this 53 article. To be effective, such a nomination must be in the form of a 54 written designation, duly acknowledged and filed with the head of the 55 retirement system for this specific purpose. In the event such desig- 56 nated beneficiary does not survive him OR HER, or if he OR SHE shall not A. 4253--B 7 1 have so designated a beneficiary, such benefits shall be payable to the 2 deceased member's estate or as provided in section one thousand three 3 hundred ten of the surrogate's court procedure act. 4 25. "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT TO ANOTH- 5 ER PERSON, WHEN SUCH OTHER PERSON IS NOT A MEMBER OF A PUBLIC RETIREMENT 6 SYSTEM OR PENSION FUND IN A CITY OF ONE MILLION OR MORE UNDER PARAGRAPH 7 ONE OF SUBDIVISION B OF SECTION FIVE HUNDRED OF THIS ARTICLE: 8 (A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION- 9 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE 10 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS- 11 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY 12 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY, 13 OR FOREIGN JURISDICTION; OR 14 (B) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER 15 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR 16 (C) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR 17 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A 18 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO: 19 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON 20 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON; 21 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH (A) 22 OR (B) OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP 23 OF THE PERSONS. 24 EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE 25 DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT 26 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER 27 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC 28 PARTNER" SHALL ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN 29 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS 30 RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE 31 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON. 32 26. "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER. 33 S 8. Subdivision d of section 601 of the retirement and social securi- 34 ty law, as amended by chapter 408 of the laws of 2000, is amended and 35 two new subdivisions m and n are added to read as follows: 36 d. "Eligible beneficiary" for the purposes of section six hundred 37 seven of this article shall mean the following persons or classes of 38 persons in the order set forth: 39 1. A surviving spouse OR DOMESTIC PARTNER who has not renounced survi- 40 vorship rights in a separation agreement, OR until MARRIAGE OR remar- 41 riage, OR UNTIL SUCH SURVIVING DOMESTIC PARTNER ENTERS INTO ANOTHER 42 DOMESTIC PARTNERSHIP RELATIONSHIP; 43 2. Surviving children until age twenty-five, INCLUDING THE DEPENDENT 44 CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER; 45 3. Dependent parents, determined under regulations promulgated by the 46 head of the retirement system; 47 4. Any other person who qualified as a dependent on the final federal 48 income tax return of the member or the return filed in the year imme- 49 diately preceding the year of death, until such person reaches twenty- 50 one years of age. In the event that a class of eligible beneficiaries 51 consists of more than one person, benefits shall be divided equally 52 among the persons in such class; and 53 5. With respect to members of the New York city employees' retirement 54 system or the board of education employees' retirement system of the 55 city of New York only, a person or persons whom the member shall have 56 nominated in the form of a written designation, duly acknowledged and A. 4253--B 8 1 filed with the head of the retirement system for the purpose of section 2 six hundred six of this article. 3 M. "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT TO ANOTHER 4 PERSON, WHEN SUCH OTHER PERSON IS NOT A MEMBER OF A PUBLIC RETIREMENT 5 SYSTEM OR PENSION FUND IN A CITY OF ONE MILLION OR MORE: 6 1. IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION- 7 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE 8 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS- 9 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY 10 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY, 11 OR FOREIGN JURISDICTION; OR 12 2. IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER THE 13 OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR 14 3. IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR 15 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A 16 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO: 17 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON 18 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON; 19 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH ONE 20 OR TWO OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP 21 OF THE PERSONS. 22 EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE 23 DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT 24 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER 25 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC 26 PARTNER" SHALL ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN 27 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS 28 RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE 29 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON. 30 N. "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER. 31 S 9. This act shall take effect immediately and shall apply only to 32 members who become deceased on or after the effective date of this act. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would amend the Retirement and Social Security Law and the general municipal law in relation to accidental death benefits for members of certain public retirement systems in New York State. It would grant accidental death benefits to domestic partners and dependent chil- dren of domestic partners. If this bill is enacted, insofar as it affects the New York State and Local Employees Retirement System (ERS) and the New York State and Local Police and Fire Retirement System (PFRS), it could lead to more deaths being classified as "accidental", since it expands the definition of beneficiaries eligible for accidental deaths. For each death newly classified as accidental due to this bill, the cost would depend on the age, service, salary and plan of the affected member. It is estimated that there could be per person one-time costs of approximately three (3) times salary for members in the ERS, and twelve (12) times salary for members in the PFRS. These costs would be borne by the State of New York and all the participating employers in the ERS and the PFRS. This estimate, dated January 21, 2011, and intended for use only during the 2011 Legislative Session, is Fiscal Note No. 2011-92 prepared by the Actuary for the New York State and Local Employees' Retirement System and the New York State and Local Police and Fire Retirement System. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: A. 4253--B 9 This bill would amend Sections 501 and 601 of the Retirement and Social Security Law to allow domestic partners, and dependent children of domestic partners, to be included on the list of eligible benefici- aries for purposes of eligibility for receipt of an accidental death benefit from the New York State Teachers' Retirement System. The acci- dental death benefit is available to Tier 3, 4 and 5 members of the New York State Teachers' Retirement System. The annual cost to the employers of the members of the New York State Teachers' Retirement System is estimated to be negligible if this bill is enacted. The source of this estimate is Fiscal Note 2011-57 dated June 8, 2011 prepared by the Actuary of the New York State Teachers' Retirement System and is intended for use only during the 2011 Legislative Session.