Bill Text: NY A04253 | 2011-2012 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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--A
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 --
Multi-Sponsored by -- M. of A. BING, BRENNAN, CAHILL, COLTON, DINOW-
ITZ, GOTTFRIED, LIFTON, V. LOPEZ, McENENY, ORTIZ, PAULIN, PHEFFER,
TOWNS -- read once and referred to the Committee on Governmental
Employees -- committee discharged, bill amended, 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.
17 c. By any person in behalf of the widow OR WIDOWER, DOMESTIC PARTNER
18 or children.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05970-03-1
A. 4253--A 2
1 6. FOR PURPOSES OF THIS SECTION ONLY: (A) "DOMESTIC PARTNER" MEANS A
2 PERSON WHO, WITH RESPECT TO ANOTHER 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 B. "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER.
28 S 2. Section 208-f of the general municipal law is amended by adding
29 two new subdivisions j and k to read as follows:
30 J. FOR THE PURPOSES OF THIS SECTION, WHERE ALL REQUIREMENTS OF THIS
31 SECTION HAVE BEEN MET FOR THE PAYMENT OF SPECIAL ACCIDENTAL DEATH BENE-
32 FIT PURSUANT TO THIS SECTION BASED ON THE DEATH OF (1) A DECEASED MEMBER
33 OF A PENSION OR RETIREMENT SYSTEM OF A POLICE DEPARTMENT OR PAID FIRE
34 DEPARTMENT OF A CITY (OUTSIDE THE CITY OF NEW YORK), TOWN OR VILLAGE;
35 (2) A DECEASED PAID UNIFORMED MEMBER OF A COUNTY SHERIFF'S DEPARTMENT
36 (OUTSIDE THE CITY OF NEW YORK); OR (3) A DECEASED EMPLOYEE (OUTSIDE THE
37 CITY OF NEW YORK) IN A TITLE WHOSE DUTIES REQUIRE THE SUPERVISION OF
38 EMPLOYEES WHOSE DUTIES ARE THOSE OF AN EMERGENCY MEDICAL TECHNICIAN OR
39 ADVANCED EMERGENCY MEDICAL TECHNICIAN (AS THOSE TERMS ARE DEFINED IN
40 SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW), THE TERMS "WIDOW"
41 AND "WIDOWER", AS USED IN THIS SECTION, SHALL BE DEEMED TO INCLUDE THE
42 SURVIVING DOMESTIC PARTNER AND THE TERM "DECEASED MEMBER'S CHILDREN"
43 SHALL BE DEEMED TO INCLUDE THE DEPENDENT CHILD OR CHILDREN OF HIS OR HER
44 DOMESTIC PARTNER.
45 K. FOR PURPOSES OF THIS SECTION ONLY: 1. "DOMESTIC PARTNER" MEANS A
46 PERSON WHO, WITH RESPECT TO ANOTHER PERSON:
47 (I) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
48 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
49 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
50 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
51 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
52 OR FOREIGN JURISDICTION; OR
53 (II) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER
54 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
55 (III) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
56 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
A. 4253--A 3
1 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
2 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
3 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
4 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER SUBPARAGRAPH
5 (I) OR (II) OF THIS PARAGRAPH; OR THE LENGTH OF THE PERSONAL RELATION-
6 SHIP OF THE PERSONS.
7 EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE
8 DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT
9 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER
10 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC
11 PARTNER" SHALL ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN
12 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS
13 RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE
14 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON.
15 2. "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER.
16 S 3. Paragraphs 1 and 2 of subdivision d of section 61 of the retire-
17 ment and social security law, as amended by chapter 141 of the laws of
18 1977, are amended and a new subdivision e is added to read as follows:
19 1. The member's widow or widower to continue during his or her widow-
20 hood. If he or she shall leave no widow or widower, or if his or her
21 widow or widower shall die or [remarry] ENTER INTO A MARRIAGE OR REMAR-
22 RIAGE, OR ENTER INTO ANOTHER DOMESTIC PARTNERSHIP RELATIONSHIP, before
23 all his or her children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF
24 HIS OR HER DOMESTIC PARTNER, shall have attained age eighteen or sooner
25 die, then to
26 2. His or her child or children, INCLUDING THE DEPENDENT CHILD OR
27 CHILDREN OF HIS OR HER DOMESTIC PARTNER, under age eighteen, divided in
28 such manner as the comptroller, in his discretion, shall determine. Such
29 pension shall continue as a joint and survivor pension until every such
30 child shall have attained age eighteen or sooner die. If no widow or
31 widower or child under age eighteen shall survive such member, at the
32 time of his or her death, then to
33 E. FOR PURPOSES OF THIS SECTION ONLY, THE TERM WIDOW OR WIDOWER SHALL
34 INCLUDE A SURVIVING DOMESTIC PARTNER AND THE PENSION ON ACCOUNT OF ACCI-
35 DENTAL DEATH AND THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY SHALL BE
36 PAY-ABLE TO SUCH SURVIVING DOMESTIC PARTNER IN THE SAME FORM AND MANNER.
37 THE TERM "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT TO
38 ANOTHER PERSON:
39 1. IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
40 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
41 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
42 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
43 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
44 OR FOREIGN JURISDICTION; OR
45 2. IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER THE
46 OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
47 3. IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
48 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
49 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
50 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
51 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
52 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH ONE
53 OR TWO OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP
54 OF THE PERSONS.
55 EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE
56 DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT
A. 4253--A 4
1 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER
2 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC
3 PARTNER" SHALL ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN
4 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS
5 RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE
6 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON.
7 THE TERM "PERSON" SHALL MEAN A NATURAL PERSON EIGHTEEN YEARS OF AGE OR
8 OLDER.
9 S 4. Paragraphs 1 and 2 of subdivision d of section 361 of the retire-
10 ment and social security law, as amended by chapter 733 of the laws of
11 1990, are amended to read as follows:
12 1. The member's widow or widower, OR DOMESTIC PARTNER, to continue
13 during his or her lifetime. If he or she shall leave no widow or widow-
14 er OR DOMESTIC PARTNER, or if his or her widow or widower OR DOMESTIC
15 PARTNER shall die before all his or her children, INCLUDING THE DEPEND-
16 ENT CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER, shall have
17 attained age eighteen, or if students, before all of his or her
18 children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF HIS OR HER DOMES-
19 TIC PARTNER, shall have attained age twenty-three, or sooner die, then
20 to
21 2. His or her child or children, INCLUDING THE DEPENDENT CHILD OR
22 CHILDREN OF HIS OR HER DOMESTIC PARTNER, under age eighteen, or, if
23 students, his or her children under age twenty-three, divided in such
24 manner as the comptroller, in his discretion, shall determine. Such
25 pension shall continue as a joint and survivor pension until every such
26 child shall have attained age eighteen, or, if a student, shall have
27 attained age twenty-three, or sooner die. If no widow or widower OR
28 DOMESTIC PARTNER or child under age eighteen, or, if a student, under
29 age twenty-three, shall survive such member, at the time of his or her
30 death, then to
31 S 5. Subdivision d of section 361 of the retirement and social securi-
32 ty law is amended by adding three new undesignated paragraphs to read as
33 follows:
34 FOR PURPOSES OF THIS SUBDIVISION ONLY, "DOMESTIC PARTNER" MEANS A
35 PERSON WHO, WITH RESPECT TO ANOTHER PERSON:
36 (I) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
37 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
38 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
39 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
40 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
41 OR FOREIGN JURISDICTION; OR
42 (II) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER
43 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
44 (III) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
45 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
46 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
47 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
48 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
49 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER SUBPARAGRAPH
50 (I) OR (II) OF THIS PARAGRAPH; OR THE LENGTH OF THE PERSONAL RELATION-
51 SHIP OF THE PERSONS.
52 EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE
53 DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT
54 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER
55 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC
56 PARTNER" SHALL ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN
A. 4253--A 5
1 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS
2 RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE
3 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON.
4 "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER.
5 S 6. The opening paragraph of subdivision a, the opening paragraph of
6 subdivision b, the opening paragraph of subdivision c and subdivision e
7 of section 361-a of the retirement and social security law, the opening
8 paragraph of subdivision a, the opening paragraph of subdivision b and
9 subdivision e as amended by chapter 733 of the laws of 1990 and the
10 opening paragraph of subdivision c as amended by chapter 439 of the laws
11 of 2010, are amended and a new subdivision g is added to read as
12 follows:
13 Notwithstanding any other provision of law, a widow or widower, OR
14 DOMESTIC PARTNER, or the deceased member's children, INCLUDING THE
15 DEPENDENT CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER, under the
16 age of eighteen or, if a student, under the age of twenty-three, if the
17 widow or widower OR DOMESTIC PARTNER has died who is or are receiving
18 the accidental death benefit provided by section three hundred sixty-one
19 of this [chapter] TITLE, shall also be paid the special accidental death
20 benefit authorized by this section.
21 The special accidental death benefit shall be payable from the pension
22 accumulation fund, and shall consist of a pension which is equal to the
23 salary of the deceased member reduced by the sum of each of the follow-
24 ing benefits received by the widow or widower OR DOMESTIC PARTNER or the
25 deceased member's children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF
26 HIS OR HER DOMESTIC PARTNER, under the age of eighteen or, if a student,
27 under the age of twenty-three, if the widow or widower OR DOMESTIC PART-
28 NER has died, on account of the death of the deceased member:
29 [Commencing July first, two thousand ten the] THE special accidental
30 death benefit paid to a widow or widower OR DOMESTIC PARTNER or the
31 deceased member's children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF
32 HIS OR HER DOMESTIC PARTNER, under the age of eighteen or, if a student,
33 under the age of twenty-three, if the widow or widower OR DOMESTIC PART-
34 NER has died, shall be escalated by adding thereto an additional
35 percentage of the salary of the deceased member, as increased pursuant
36 to subdivision b of this section, in accordance with the following sche-
37 dule:
38 e. The special accidental death benefit shall be paid to:
39 1. The member's widow or widower OR DOMESTIC PARTNER to continue
40 during his or her lifetime. If he or she shall leave no widow or widow-
41 er OR DOMESTIC PARTNER, or if his or her widow or widower OR DOMESTIC
42 PARTNER shall die before all his or her children, INCLUDING THE DEPEND-
43 ENT CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER, shall have
44 attained age eighteen or, if a student, shall have attained the age of
45 twenty-three or sooner die, then to
46 2. His or her child or children, INCLUDING THE DEPENDENT CHILD OR
47 CHILDREN OF HIS OR HER DOMESTIC PARTNER, under age eighteen or, if a
48 student, under the age of twenty-three, divided in such manner as the
49 comptroller, in his OR HER discretion, shall determine. Such pension
50 shall continue in the same amount as received by the member's widow or
51 widower OR DOMESTIC PARTNER as a joint and survivor pension until every
52 such child shall have attained age eighteen or, if a student, attained
53 the age of twenty-three or sooner die.
54 G. FOR PURPOSES OF THIS SECTION ONLY:
55 1. "DOMESTIC PARTNER" MEANS A PERSON WHO, WITH RESPECT TO ANOTHER
56 PERSON:
A. 4253--A 6
1 (I) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
2 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
3 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
4 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
5 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
6 OR FOREIGN JURISDICTION; OR
7 (II) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER
8 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
9 (III) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
10 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
11 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
12 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
13 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
14 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER SUBPARAGRAPH
15 (I) OR (II) OF THIS PARAGRAPH; OR THE LENGTH OF THE PERSONAL RELATION-
16 SHIP OF THE PERSONS.
17 EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE
18 DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT
19 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER
20 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC
21 PARTNER" SHALL ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN
22 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS
23 RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE
24 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON.
25 2. "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER.
26 S 7. Subdivision 7 of section 501 of the retirement and social securi-
27 ty law, as amended by chapter 408 of the laws of 2000, is amended and a
28 new subdivision 25 is added to read as follows:
29 7. "Eligible beneficiary" for the purposes of section five hundred
30 nine of this article shall mean the following persons or classes of
31 persons in the order set forth: (a) a surviving spouse OR DOMESTIC PART-
32 NER who has not renounced survivorship rights in a separation agreement,
33 OR until MARRIAGE OR remarriage, OR UNTIL SUCH SURVIVING DOMESTIC PART-
34 NER ENTERS INTO ANOTHER DOMESTIC PARTNERSHIP RELATIONSHIP, (b) surviving
35 children until age twenty-five, INCLUDING THE DEPENDENT CHILD OR CHIL-
36 DREN OF HIS OR HER DOMESTIC PARTNER, (c) dependent parents, determined
37 under regulations promulgated by the comptroller, (d) any other person
38 who qualified as a dependent on the final federal income tax return of
39 the member or the return filed in the year immediately preceding the
40 year of death, until such person reaches twenty-one years of age and (e)
41 with respect to members of the New York city employees' retirement
42 system and the board of education retirement system of the city of New
43 York, a person whom the member shall have nominated in the form of a
44 written designation, duly acknowledged and filed with the head of the
45 retirement system for the purpose of section five hundred eight of this
46 article. In the event that a class of eligible beneficiaries consists of
47 more than one person, benefits shall be divided equally among the
48 persons in such class. For the purposes of section five hundred eight OF
49 THIS ARTICLE the term "eligible beneficiary" shall mean such person as
50 the member shall have nominated to receive the benefits provided in this
51 article. To be effective, such a nomination must be in the form of a
52 written designation, duly acknowledged and filed with the head of the
53 retirement system for this specific purpose. In the event such desig-
54 nated beneficiary does not survive him OR HER, or if he OR SHE shall not
55 have so designated a beneficiary, such benefits shall be payable to the
A. 4253--A 7
1 deceased member's estate or as provided in section one thousand three
2 hundred ten of the surrogate's court procedure act.
3 25. "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT TO ANOTH-
4 ER 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 UNDER PARAGRAPH
6 ONE OF SUBDIVISION B OF SECTION FIVE HUNDRED OF THIS ARTICLE:
7 (A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
8 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
9 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
10 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
11 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
12 OR FOREIGN JURISDICTION; OR
13 (B) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER
14 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
15 (C) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
16 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
17 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
18 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
19 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
20 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH (A)
21 OR (B) OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP
22 OF THE PERSONS.
23 EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE
24 DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT
25 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER
26 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC
27 PARTNER" SHALL ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN
28 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS
29 RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE
30 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON.
31 "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER.
32 S 8. Subdivision d of section 601 of the retirement and social securi-
33 ty law, as amended by chapter 408 of the laws of 2000, is amended and a
34 new subdivision m is added to read as follows:
35 d. "Eligible beneficiary" for the purposes of section six hundred
36 seven of this article shall mean the following persons or classes of
37 persons in the order set forth:
38 1. A surviving spouse OR DOMESTIC PARTNER who has not renounced survi-
39 vorship rights in a separation agreement, OR until MARRIAGE OR remar-
40 riage, OR UNTIL SUCH SURVIVING DOMESTIC PARTNER ENTERS INTO ANOTHER
41 DOMESTIC PARTNERSHIP RELATIONSHIP;
42 2. Surviving children until age twenty-five, INCLUDING THE DEPENDENT
43 CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER;
44 3. Dependent parents, determined under regulations promulgated by the
45 head of the retirement system;
46 4. Any other person who qualified as a dependent on the final federal
47 income tax return of the member or the return filed in the year imme-
48 diately preceding the year of death, until such person reaches twenty-
49 one years of age. In the event that a class of eligible beneficiaries
50 consists of more than one person, benefits shall be divided equally
51 among the persons in such class; and
52 5. With respect to members of the New York city employees' retirement
53 system or the board of education employees' retirement system of the
54 city of New York only, a person or persons whom the member shall have
55 nominated in the form of a written designation, duly acknowledged and
A. 4253--A 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 "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.
