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--C
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, N. RIVERA, MARKEY, WEPRIN,
TITONE -- Multi-Sponsored by -- M. of A. 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 -- recommitted to the Committee on Governmental Employees in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05970-06-2
A. 4253--C 2
1 b. By any of his OR HER children, INCLUDING THE DEPENDENT CHILD OR
2 CHILDREN OF HIS OR HER DOMESTIC PARTNER.
3 c. By any person in behalf of the widow OR WIDOWER, DOMESTIC PARTNER
4 or children.
5 6. FOR PURPOSES OF THIS SECTION ONLY: A. "DOMESTIC PARTNER" MEANS A
6 PERSON WHO, WITH RESPECT TO ANOTHER PERSON:
7 (I) 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 (II) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER
14 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
15 (III) 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 SUBPARAGRAPH
21 (I) OR (II) OF THIS PARAGRAPH; OR THE LENGTH OF THE PERSONAL RELATION-
22 SHIP 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 B. "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER.
32 S 2. Section 208-f of the general municipal law is amended by adding
33 two new subdivisions j and k to read as follows:
34 J. FOR THE PURPOSES OF THIS SECTION, WHERE ALL REQUIREMENTS OF THIS
35 SECTION HAVE BEEN MET FOR THE PAYMENT OF SPECIAL ACCIDENTAL DEATH BENE-
36 FIT PURSUANT TO THIS SECTION BASED ON THE DEATH OF (1) A DECEASED MEMBER
37 OF A PENSION OR RETIREMENT SYSTEM OF A POLICE DEPARTMENT OR PAID FIRE
38 DEPARTMENT OF A CITY (OUTSIDE THE CITY OF NEW YORK), TOWN OR VILLAGE;
39 (2) A DECEASED PAID UNIFORMED MEMBER OF A COUNTY SHERIFF'S DEPARTMENT
40 (OUTSIDE THE CITY OF NEW YORK); OR (3) A DECEASED EMPLOYEE (OUTSIDE THE
41 CITY OF NEW YORK) IN A TITLE WHOSE DUTIES REQUIRE THE SUPERVISION OF
42 EMPLOYEES WHOSE DUTIES ARE THOSE OF AN EMERGENCY MEDICAL TECHNICIAN OR
43 ADVANCED EMERGENCY MEDICAL TECHNICIAN (AS THOSE TERMS ARE DEFINED IN
44 SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW), THE TERMS "WIDOW"
45 AND "WIDOWER", AS USED IN THIS SECTION, SHALL BE DEEMED TO INCLUDE THE
46 SURVIVING DOMESTIC PARTNER AND THE TERM "DECEASED MEMBER'S CHILDREN"
47 SHALL BE DEEMED TO INCLUDE THE DEPENDENT CHILD OR CHILDREN OF HIS OR HER
48 DOMESTIC PARTNER.
49 K. FOR PURPOSES OF THIS SECTION ONLY: 1. "DOMESTIC PARTNER" MEANS A
50 PERSON WHO, WITH RESPECT TO ANOTHER PERSON:
51 (I) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
52 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
53 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
54 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
55 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
56 OR FOREIGN JURISDICTION; OR
A. 4253--C 3
1 (II) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER
2 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
3 (III) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
4 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
5 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
6 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
7 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
8 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER SUBPARAGRAPH
9 (I) OR (II) OF THIS PARAGRAPH; OR THE LENGTH OF THE PERSONAL RELATION-
10 SHIP OF THE PERSONS.
11 EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE
12 DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT
13 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER
14 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC
15 PARTNER" SHALL ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN
16 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS
17 RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE
18 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON.
19 2. "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER.
20 S 3. Paragraphs 1 and 2 of subdivision d of section 61 of the retire-
21 ment and social security law, as amended by chapter 141 of the laws of
22 1977, are amended and a new subdivision e is added to read as follows:
23 1. The member's widow or widower to continue during his or her widow-
24 hood. If he or she shall leave no widow or widower, or if his or her
25 widow or widower shall die or [remarry] ENTER INTO A MARRIAGE OR REMAR-
26 RIAGE, OR ENTER INTO ANOTHER DOMESTIC PARTNERSHIP RELATIONSHIP, before
27 all his or her children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF
28 HIS OR HER DOMESTIC PARTNER, shall have attained age eighteen or sooner
29 die, then to
30 2. His or her child or children, INCLUDING THE DEPENDENT CHILD OR
31 CHILDREN OF HIS OR HER DOMESTIC PARTNER, under age eighteen, divided in
32 such manner as the comptroller, in his discretion, shall determine. Such
33 pension shall continue as a joint and survivor pension until every such
34 child shall have attained age eighteen or sooner die. If no widow or
35 widower or child under age eighteen shall survive such member, at the
36 time of his or her death, then to
37 E. FOR PURPOSES OF THIS SECTION ONLY, THE TERM WIDOW OR WIDOWER SHALL
38 INCLUDE A SURVIVING DOMESTIC PARTNER AND THE PENSION ON ACCOUNT OF ACCI-
39 DENTAL DEATH AND THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY SHALL BE
40 PAY-ABLE TO SUCH SURVIVING DOMESTIC PARTNER IN THE SAME FORM AND MANNER.
41 THE TERM "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT TO
42 ANOTHER PERSON:
43 1. IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
44 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
45 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
46 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
47 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
48 OR FOREIGN JURISDICTION; OR
49 2. IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER THE
50 OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
51 3. IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
52 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
53 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
54 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
55 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
56 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH ONE
A. 4253--C 4
1 OR TWO OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP
2 OF THE PERSONS.
3 EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE
4 DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT
5 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER
6 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC
7 PARTNER" SHALL ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN
8 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS
9 RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE
10 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON.
11 THE TERM "PERSON" SHALL MEAN A NATURAL PERSON EIGHTEEN YEARS OF AGE OR
12 OLDER.
13 S 4. Paragraphs 1 and 2 of subdivision d of section 361 of the retire-
14 ment and social security law, as amended by chapter 733 of the laws of
15 1990, are amended to read as follows:
16 1. The member's widow or widower, OR DOMESTIC PARTNER, to continue
17 during his or her lifetime. If he or she shall leave no widow or widow-
18 er OR DOMESTIC PARTNER, or if his or her widow or widower OR DOMESTIC
19 PARTNER shall die before all his or her children, INCLUDING THE DEPEND-
20 ENT CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER, shall have
21 attained age eighteen, or if students, before all of his or her
22 children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF HIS OR HER DOMES-
23 TIC PARTNER, shall have attained age twenty-three, or sooner die, then
24 to
25 2. His or her child or children, INCLUDING THE DEPENDENT CHILD OR
26 CHILDREN OF HIS OR HER DOMESTIC PARTNER, under age eighteen, or, if
27 students, his or her children under age twenty-three, divided in such
28 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, if a student, shall have
31 attained age twenty-three, or sooner die. If no widow or widower OR
32 DOMESTIC PARTNER or child under age eighteen, or, if a student, under
33 age twenty-three, shall survive such member, at the time of his or her
34 death, then to
35 S 5. Subdivision d of section 361 of the retirement and social securi-
36 ty law is amended by adding three new undesignated paragraphs to read as
37 follows:
38 FOR PURPOSES OF THIS SUBDIVISION ONLY, "DOMESTIC PARTNER" MEANS A
39 PERSON WHO, WITH RESPECT TO ANOTHER PERSON:
40 (I) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
41 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
42 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
43 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
44 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
45 OR FOREIGN JURISDICTION; OR
46 (II) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER
47 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
48 (III) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
49 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
50 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
51 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
52 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
53 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER SUBPARAGRAPH
54 (I) OR (II) OF THIS PARAGRAPH; OR THE LENGTH OF THE PERSONAL RELATION-
55 SHIP OF THE PERSONS.
A. 4253--C 5
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 "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER.
10 S 6. The opening paragraph of subdivision a, the opening paragraph of
11 subdivision b, the opening paragraph of subdivision c and subdivision e
12 of section 361-a of the retirement and social security law, the opening
13 paragraph of subdivision a, the opening paragraph of subdivision b and
14 subdivision e as amended by chapter 733 of the laws of 1990 and the
15 opening paragraph of subdivision c as amended by chapter 161 of the laws
16 of 2011, are amended and a new subdivision g is added to read as
17 follows:
18 Notwithstanding any other provision of law, a widow or widower, OR
19 DOMESTIC PARTNER, or the deceased member's children, INCLUDING THE
20 DEPENDENT CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER, under the
21 age of eighteen or, if a student, under the age of twenty-three, if the
22 widow or widower OR DOMESTIC PARTNER has died who is or are receiving
23 the accidental death benefit provided by section three hundred sixty-one
24 of this [chapter] TITLE, shall also be paid the special accidental death
25 benefit authorized by this section.
26 The special accidental death benefit shall be payable from the pension
27 accumulation fund, and shall consist of a pension which is equal to the
28 salary of the deceased member reduced by the sum of each of the follow-
29 ing benefits received by the widow or widower OR DOMESTIC PARTNER or the
30 deceased member's children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF
31 HIS OR HER DOMESTIC PARTNER, under the age of eighteen or, if a student,
32 under the age of twenty-three, if the widow or widower OR DOMESTIC PART-
33 NER has died, on account of the death of the deceased member:
34 [Commencing July first, two thousand eleven the] THE special acci-
35 dental death benefit paid to a widow or widower OR DOMESTIC PARTNER or
36 the deceased member's children, INCLUDING THE DEPENDENT CHILD OR CHIL-
37 DREN OF HIS OR HER DOMESTIC PARTNER, under the age of eighteen or, if a
38 student, under the age of twenty-three, if the widow or widower OR
39 DOMESTIC PARTNER has died, shall be escalated by adding thereto an addi-
40 tional percentage of the salary of the deceased member, as increased
41 pursuant to subdivision b of this section, in accordance with the
42 following schedule:
43 e. The special accidental death benefit shall be paid to:
44 1. The member's widow or widower OR DOMESTIC PARTNER to continue
45 during his or her lifetime. If he or she shall leave no widow or widow-
46 er OR DOMESTIC PARTNER, or if his or her widow or widower OR DOMESTIC
47 PARTNER shall die before all his or her children, INCLUDING THE DEPEND-
48 ENT CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER, shall have
49 attained age eighteen or, if a student, shall have attained the age of
50 twenty-three or sooner die, then to
51 2. His or her child or children, INCLUDING THE DEPENDENT CHILD OR
52 CHILDREN OF HIS OR HER DOMESTIC PARTNER, under age eighteen or, if a
53 student, under the age of twenty-three, divided in such manner as the
54 comptroller, in his OR HER discretion, shall determine. Such pension
55 shall continue in the same amount as received by the member's widow or
56 widower OR DOMESTIC PARTNER as a joint and survivor pension until every
A. 4253--C 6
1 such child shall have attained age eighteen or, if a student, attained
2 the age of twenty-three or sooner die.
3 G. FOR PURPOSES OF THIS SECTION ONLY:
4 1. "DOMESTIC PARTNER" MEANS A PERSON WHO, WITH RESPECT TO ANOTHER
5 PERSON:
6 (I) 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 (II) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER
13 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
14 (III) 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 SUBPARAGRAPH
20 (I) OR (II) OF THIS PARAGRAPH; OR THE LENGTH OF THE PERSONAL RELATION-
21 SHIP 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 2. "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER.
31 S 7. Subdivision 7 of section 501 of the retirement and social securi-
32 ty law, as amended by chapter 408 of the laws of 2000, is amended and
33 two new subdivisions 25 and 26 are added to read as follows:
34 7. "Eligible beneficiary" for the purposes of section five hundred
35 nine of this article shall mean the following persons or classes of
36 persons in the order set forth: (a) a surviving spouse OR DOMESTIC PART-
37 NER who has not renounced survivorship rights in a separation agreement,
38 OR until MARRIAGE OR remarriage, OR UNTIL SUCH SURVIVING DOMESTIC PART-
39 NER ENTERS INTO ANOTHER DOMESTIC PARTNERSHIP RELATIONSHIP, (b) surviving
40 children until age twenty-five, INCLUDING THE DEPENDENT CHILD OR CHIL-
41 DREN OF HIS OR HER DOMESTIC PARTNER, (c) dependent parents, determined
42 under regulations promulgated by the comptroller, (d) any other person
43 who qualified as a dependent on the final federal income tax return of
44 the member or the return filed in the year immediately preceding the
45 year of death, until such person reaches twenty-one years of age and (e)
46 with respect to members of the New York city employees' retirement
47 system and the board of education retirement system of the city of New
48 York, a person whom the member shall have nominated in the form of a
49 written designation, duly acknowledged and filed with the head of the
50 retirement system for the purpose of section five hundred eight of this
51 article. In the event that a class of eligible beneficiaries consists of
52 more than one person, benefits shall be divided equally among the
53 persons in such class. For the purposes of section five hundred eight OF
54 THIS ARTICLE the term "eligible beneficiary" shall mean such person as
55 the member shall have nominated to receive the benefits provided in this
56 article. To be effective, such a nomination must be in the form of a
A. 4253--C 7
1 written designation, duly acknowledged and filed with the head of the
2 retirement system for this specific purpose. In the event such desig-
3 nated beneficiary does not survive him OR HER, or if he OR SHE shall not
4 have so designated a beneficiary, such benefits shall be payable to the
5 deceased member's estate or as provided in section one thousand three
6 hundred ten of the surrogate's court procedure act.
7 25. "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT TO ANOTH-
8 ER PERSON, WHEN SUCH OTHER PERSON IS NOT A MEMBER OF A PUBLIC RETIREMENT
9 SYSTEM OR PENSION FUND IN A CITY OF ONE MILLION OR MORE UNDER PARAGRAPH
10 ONE OF SUBDIVISION B OF SECTION FIVE HUNDRED OF THIS ARTICLE:
11 (A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
12 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
13 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
14 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
15 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
16 OR FOREIGN JURISDICTION; OR
17 (B) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER
18 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
19 (C) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
20 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
21 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
22 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
23 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
24 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH (A)
25 OR (B) OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP
26 OF THE PERSONS.
27 EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE
28 DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT
29 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER
30 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC
31 PARTNER" SHALL ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN
32 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS
33 RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE
34 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON.
35 26. "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER.
36 S 8. Subdivision d of section 601 of the retirement and social securi-
37 ty law, as amended by chapter 408 of the laws of 2000, is amended and
38 two new subdivisions m and n are added to read as follows:
39 d. "Eligible beneficiary" for the purposes of section six hundred
40 seven of this article shall mean the following persons or classes of
41 persons in the order set forth:
42 1. A surviving spouse OR DOMESTIC PARTNER who has not renounced survi-
43 vorship rights in a separation agreement, OR until MARRIAGE OR remar-
44 riage, OR UNTIL SUCH SURVIVING DOMESTIC PARTNER ENTERS INTO ANOTHER
45 DOMESTIC PARTNERSHIP RELATIONSHIP;
46 2. Surviving children until age twenty-five, INCLUDING THE DEPENDENT
47 CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER;
48 3. Dependent parents, determined under regulations promulgated by the
49 head of the retirement system;
50 4. Any other person who qualified as a dependent on the final federal
51 income tax return of the member or the return filed in the year imme-
52 diately preceding the year of death, until such person reaches twenty-
53 one years of age. In the event that a class of eligible beneficiaries
54 consists of more than one person, benefits shall be divided equally
55 among the persons in such class; and
A. 4253--C 8
1 5. With respect to members of the New York city employees' retirement
2 system or the board of education employees' retirement system of the
3 city of New York only, a person or persons whom the member shall have
4 nominated in the form of a written designation, duly acknowledged and
5 filed with the head of the retirement system for the purpose of section
6 six hundred six of this article.
7 M. "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT TO ANOTHER
8 PERSON, WHEN SUCH OTHER PERSON IS NOT A MEMBER OF A PUBLIC RETIREMENT
9 SYSTEM OR PENSION FUND IN A CITY OF ONE MILLION OR MORE:
10 1. IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
11 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
12 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
13 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
14 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
15 OR FOREIGN JURISDICTION; OR
16 2. IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER THE
17 OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
18 3. IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
19 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
20 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
21 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
22 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
23 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH ONE
24 OR TWO OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP
25 OF THE PERSONS.
26 EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE
27 DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT
28 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER
29 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC
30 PARTNER" SHALL ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN
31 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS
32 RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE
33 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON.
34 N. "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER.
35 S 9. This act shall take effect immediately and shall apply only to
36 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, date January 27, 2012, and intended for use only during
the 2012 Legislative Session, is Fiscal Note No. 2012-76 prepared by the
A. 4253--C 9
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:
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 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 2012-19 dated March 7, 2012
prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2012 Legislative Session.
