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--D
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, JAFFEE -- 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 commit-
tee with amendments, ordered reprinted as amended and recommitted to
said committee -- recommitted to the Committee on Governmental Employ-
ees in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- reported and referred to the Committee on Ways
and Means -- 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05970-07-2
A. 4253--D 2
1 4. Application for death benefit shall be made:
2 a. By the member's widow OR WIDOWER, OR DOMESTIC PARTNER.
3 b. By any of his OR HER children, INCLUDING THE DEPENDENT CHILD OR
4 CHILDREN OF HIS OR HER DOMESTIC PARTNER.
5 c. By any person in behalf of the widow OR WIDOWER, DOMESTIC PARTNER
6 or children.
7 6. FOR PURPOSES OF THIS SECTION ONLY: A. "DOMESTIC PARTNER" MEANS A
8 PERSON WHO, WITH RESPECT TO ANOTHER PERSON:
9 (I) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
10 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
11 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
12 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
13 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
14 OR FOREIGN JURISDICTION; OR
15 (II) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER
16 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
17 (III) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
18 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
19 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
20 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
21 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
22 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER SUBPARAGRAPH
23 (I) OR (II) OF THIS PARAGRAPH; OR THE LENGTH OF THE PERSONAL RELATION-
24 SHIP OF THE PERSONS.
25 EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE
26 DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT
27 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER
28 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC
29 PARTNER" SHALL ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN
30 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS
31 RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE
32 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON.
33 B. "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER.
34 S 2. Section 208-f of the general municipal law is amended by adding
35 two new subdivisions j and k to read as follows:
36 J. FOR THE PURPOSES OF THIS SECTION, WHERE ALL REQUIREMENTS OF THIS
37 SECTION HAVE BEEN MET FOR THE PAYMENT OF SPECIAL ACCIDENTAL DEATH BENE-
38 FIT PURSUANT TO THIS SECTION BASED ON THE DEATH OF (1) A DECEASED MEMBER
39 OF A PENSION OR RETIREMENT SYSTEM OF A POLICE DEPARTMENT OR PAID FIRE
40 DEPARTMENT OF A CITY (OUTSIDE THE CITY OF NEW YORK), TOWN OR VILLAGE;
41 (2) A DECEASED PAID UNIFORMED MEMBER OF A COUNTY SHERIFF'S DEPARTMENT
42 (OUTSIDE THE CITY OF NEW YORK); OR (3) A DECEASED EMPLOYEE (OUTSIDE THE
43 CITY OF NEW YORK) IN A TITLE WHOSE DUTIES REQUIRE THE SUPERVISION OF
44 EMPLOYEES WHOSE DUTIES ARE THOSE OF AN EMERGENCY MEDICAL TECHNICIAN OR
45 ADVANCED EMERGENCY MEDICAL TECHNICIAN (AS THOSE TERMS ARE DEFINED IN
46 SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW), THE TERMS "WIDOW"
47 AND "WIDOWER", AS USED IN THIS SECTION, SHALL BE DEEMED TO INCLUDE THE
48 SURVIVING DOMESTIC PARTNER AND THE TERM "DECEASED MEMBER'S CHILDREN"
49 SHALL BE DEEMED TO INCLUDE THE DEPENDENT CHILD OR CHILDREN OF HIS OR HER
50 DOMESTIC PARTNER.
51 K. FOR PURPOSES OF THIS SECTION ONLY: 1. "DOMESTIC PARTNER" MEANS A
52 PERSON WHO, WITH RESPECT TO ANOTHER PERSON:
53 (I) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
54 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
55 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
56 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
A. 4253--D 3
1 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
2 OR FOREIGN JURISDICTION; OR
3 (II) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER
4 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
5 (III) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
6 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
7 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
8 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
9 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
10 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER SUBPARAGRAPH
11 (I) OR (II) OF THIS PARAGRAPH; OR THE LENGTH OF THE PERSONAL RELATION-
12 SHIP OF THE PERSONS.
13 EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE
14 DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT
15 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER
16 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC
17 PARTNER" SHALL ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN
18 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS
19 RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE
20 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON.
21 2. "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER.
22 S 3. Paragraphs 1 and 2 of subdivision d of section 61 of the retire-
23 ment and social security law, as amended by chapter 141 of the laws of
24 1977, are amended and a new subdivision e is added to read as follows:
25 1. The member's widow or widower to continue during his or her widow-
26 hood. If he or she shall leave no widow or widower, or if his or her
27 widow or widower shall die or [remarry] ENTER INTO A MARRIAGE OR REMAR-
28 RIAGE, OR ENTER INTO ANOTHER DOMESTIC PARTNERSHIP RELATIONSHIP, before
29 all his or her children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF
30 HIS OR HER DOMESTIC PARTNER, shall have attained age eighteen or sooner
31 die, then to
32 2. His or her child or children, INCLUDING THE DEPENDENT CHILD OR
33 CHILDREN OF HIS OR HER DOMESTIC PARTNER, under age eighteen, divided in
34 such manner as the comptroller, in his discretion, shall determine. Such
35 pension shall continue as a joint and survivor pension until every such
36 child shall have attained age eighteen or sooner die. If no widow or
37 widower or child under age eighteen shall survive such member, at the
38 time of his or her death, then to
39 E. FOR PURPOSES OF THIS SECTION ONLY, THE TERM WIDOW OR WIDOWER SHALL
40 INCLUDE A SURVIVING DOMESTIC PARTNER AND THE PENSION ON ACCOUNT OF ACCI-
41 DENTAL DEATH AND THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY SHALL BE
42 PAY-ABLE TO SUCH SURVIVING DOMESTIC PARTNER IN THE SAME FORM AND MANNER.
43 THE TERM "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT TO
44 ANOTHER PERSON:
45 1. IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
46 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
47 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
48 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
49 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
50 OR FOREIGN JURISDICTION; OR
51 2. IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER THE
52 OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
53 3. IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
54 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
55 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
56 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
A. 4253--D 4
1 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
2 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH ONE
3 OR TWO OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP
4 OF THE PERSONS.
5 EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE
6 DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT
7 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER
8 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC
9 PARTNER" SHALL ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN
10 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS
11 RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE
12 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON.
13 THE TERM "PERSON" SHALL MEAN A NATURAL PERSON EIGHTEEN YEARS OF AGE OR
14 OLDER.
15 S 4. Paragraphs 1 and 2 of subdivision d of section 361 of the retire-
16 ment and social security law, as amended by chapter 733 of the laws of
17 1990, are amended to read as follows:
18 1. The member's widow or widower, OR DOMESTIC PARTNER, to continue
19 during his or her lifetime. If he or she shall leave no widow or widow-
20 er OR DOMESTIC PARTNER, or if his or her widow or widower OR DOMESTIC
21 PARTNER shall die before all his or her children, INCLUDING THE DEPEND-
22 ENT CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER, shall have
23 attained age eighteen, or if students, before all of his or her
24 children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF HIS OR HER DOMES-
25 TIC PARTNER, shall have attained age twenty-three, or sooner die, then
26 to
27 2. His or her child or children, INCLUDING THE DEPENDENT CHILD OR
28 CHILDREN OF HIS OR HER DOMESTIC PARTNER, under age eighteen, or, if
29 students, his or her children under age twenty-three, divided in such
30 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, if a student, shall have
33 attained age twenty-three, or sooner die. If no widow or widower OR
34 DOMESTIC PARTNER or child under age eighteen, or, if a student, under
35 age twenty-three, shall survive such member, at the time of his or her
36 death, then to
37 S 5. Subdivision d of section 361 of the retirement and social securi-
38 ty law is amended by adding three new undesignated paragraphs to read as
39 follows:
40 FOR PURPOSES OF THIS SUBDIVISION ONLY, "DOMESTIC PARTNER" MEANS A
41 PERSON WHO, WITH RESPECT TO ANOTHER PERSON:
42 (I) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
43 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
44 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
45 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
46 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
47 OR FOREIGN JURISDICTION; OR
48 (II) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER
49 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
50 (III) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
51 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
52 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
53 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
54 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
55 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER SUBPARAGRAPH
A. 4253--D 5
1 (I) OR (II) OF THIS PARAGRAPH; OR THE LENGTH OF THE PERSONAL RELATION-
2 SHIP 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 "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER.
12 S 6. The opening paragraph of subdivision a, the opening paragraph of
13 subdivision b, the opening paragraph of subdivision c and subdivision e
14 of section 361-a of the retirement and social security law, the opening
15 paragraph of subdivision a, the opening paragraph of subdivision b and
16 subdivision e as amended by chapter 733 of the laws of 1990 and the
17 opening paragraph of subdivision c as amended by chapter 161 of the laws
18 of 2011, are amended and a new subdivision g is added to read as
19 follows:
20 Notwithstanding any other provision of law, a widow or widower, OR
21 DOMESTIC PARTNER, or the deceased member's children, INCLUDING THE
22 DEPENDENT CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER, under the
23 age of eighteen or, if a student, under the age of twenty-three, if the
24 widow or widower OR DOMESTIC PARTNER has died who is or are receiving
25 the accidental death benefit provided by section three hundred sixty-one
26 of this [chapter] TITLE, shall also be paid the special accidental death
27 benefit authorized by this section.
28 The special accidental death benefit shall be payable from the pension
29 accumulation fund, and shall consist of a pension which is equal to the
30 salary of the deceased member reduced by the sum of each of the follow-
31 ing benefits received by the widow or widower OR DOMESTIC PARTNER or the
32 deceased member's children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF
33 HIS OR HER DOMESTIC PARTNER, under the age of eighteen or, if a student,
34 under the age of twenty-three, if the widow or widower OR DOMESTIC PART-
35 NER has died, on account of the death of the deceased member:
36 [Commencing July first, two thousand eleven the] THE special acci-
37 dental death benefit paid to a widow or widower OR DOMESTIC PARTNER or
38 the deceased member's children, INCLUDING THE DEPENDENT CHILD OR CHIL-
39 DREN OF HIS OR HER DOMESTIC PARTNER, under the age of eighteen or, if a
40 student, under the age of twenty-three, if the widow or widower OR
41 DOMESTIC PARTNER has died, shall be escalated by adding thereto an addi-
42 tional percentage of the salary of the deceased member, as increased
43 pursuant to subdivision b of this section, in accordance with the
44 following schedule:
45 e. The special accidental death benefit shall be paid to:
46 1. The member's widow or widower OR DOMESTIC PARTNER to continue
47 during his or her lifetime. If he or she shall leave no widow or widow-
48 er OR DOMESTIC PARTNER, or if his or her widow or widower OR DOMESTIC
49 PARTNER shall die before all his or her children, INCLUDING THE DEPEND-
50 ENT CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER, shall have
51 attained age eighteen or, if a student, shall have attained the age of
52 twenty-three or sooner die, then to
53 2. His or her child or children, INCLUDING THE DEPENDENT CHILD OR
54 CHILDREN OF HIS OR HER DOMESTIC PARTNER, under age eighteen or, if a
55 student, under the age of twenty-three, divided in such manner as the
56 comptroller, in his OR HER discretion, shall determine. Such pension
A. 4253--D 6
1 shall continue in the same amount as received by the member's widow or
2 widower OR DOMESTIC PARTNER as a joint and survivor pension until every
3 such child shall have attained age eighteen or, if a student, attained
4 the age of twenty-three or sooner die.
5 G. FOR PURPOSES OF THIS SECTION ONLY:
6 1. "DOMESTIC PARTNER" MEANS A PERSON WHO, WITH RESPECT TO ANOTHER
7 PERSON:
8 (I) 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 (II) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER
15 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
16 (III) 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 SUBPARAGRAPH
22 (I) OR (II) OF THIS PARAGRAPH; OR THE LENGTH OF THE PERSONAL RELATION-
23 SHIP 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 2. "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER.
33 S 7. Subdivision 7 of section 501 of the retirement and social securi-
34 ty law, as amended by chapter 18 of the laws of 2012, is amended and two
35 new subdivisions 28 and 29 are added to read as follows:
36 7. "Eligible beneficiary" for the purposes of section five hundred
37 nine of this article shall mean the following persons or classes of
38 persons in the order set forth: (a) a surviving spouse OR DOMESTIC PART-
39 NER who has not renounced survivorship rights in a separation agreement,
40 OR until MARRIAGE OR remarriage, OR UNTIL SUCH SURVIVING DOMESTIC PART-
41 NER ENTERS INTO ANOTHER DOMESTIC PARTNERSHIP RELATIONSHIP, (b) surviving
42 children until age twenty-five, INCLUDING THE DEPENDENT CHILD OR CHIL-
43 DREN OF HIS OR HER DOMESTIC PARTNER, (c) dependent parents, determined
44 under regulations promulgated by the comptroller, (d) any other person
45 who qualified as a dependent on the final federal income tax return of
46 the member or the return filed in the year immediately preceding the
47 year of death, until such person reaches twenty-one years of age and (e)
48 with respect to members of the New York city employees' retirement
49 system (other than a New York city uniformed correction/sanitation
50 revised plan member or an investigator revised plan member) and the
51 board of education retirement system of the city of New York, a person
52 whom the member shall have nominated in the form of a written desig-
53 nation, duly acknowledged and filed with the head of the retirement
54 system for the purpose of section five hundred eight of this article. In
55 the event that a class of eligible beneficiaries consists of more than
56 one person, benefits shall be divided equally among the persons in such
A. 4253--D 7
1 class. For the purposes of section five hundred eight of this article
2 the term "eligible beneficiary" shall mean such person as the member
3 shall have nominated to receive the benefits provided in this article.
4 To be effective, such a nomination must be in the form of a written
5 designation, duly acknowledged and filed with the head of the retirement
6 system for this specific purpose. In the event such designated benefici-
7 ary does not survive him OR HER, or if he OR SHE shall not have so
8 designated a beneficiary, such benefits shall be payable to the deceased
9 member's estate or as provided in section one thousand three hundred ten
10 of the surrogate's court procedure act.
11 28. "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT TO ANOTH-
12 ER PERSON, WHEN SUCH OTHER PERSON IS NOT A MEMBER OF A PUBLIC RETIREMENT
13 SYSTEM OR PENSION FUND IN A CITY OF ONE MILLION OR MORE UNDER PARAGRAPH
14 ONE OF SUBDIVISION B OF SECTION FIVE HUNDRED OF THIS ARTICLE:
15 (A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
16 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
17 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
18 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
19 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
20 OR FOREIGN JURISDICTION; OR
21 (B) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER
22 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
23 (C) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
24 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
25 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
26 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
27 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
28 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH (A)
29 OR (B) OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP
30 OF THE PERSONS.
31 EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE
32 DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT
33 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER
34 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC
35 PARTNER" SHALL ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN
36 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS
37 RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE
38 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON.
39 29. "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER.
40 S 8. Subdivision d of section 601 of the retirement and social securi-
41 ty law, as amended by chapter 408 of the laws of 2000, is amended and
42 two new subdivisions o and p are added to read as follows:
43 d. "Eligible beneficiary" for the purposes of section six hundred
44 seven of this article shall mean the following persons or classes of
45 persons in the order set forth:
46 1. A surviving spouse OR DOMESTIC PARTNER who has not renounced survi-
47 vorship rights in a separation agreement, OR until MARRIAGE OR remar-
48 riage, OR UNTIL SUCH SURVIVING DOMESTIC PARTNER ENTERS INTO ANOTHER
49 DOMESTIC PARTNERSHIP RELATIONSHIP;
50 2. Surviving children until age twenty-five, INCLUDING THE DEPENDENT
51 CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER;
52 3. Dependent parents, determined under regulations promulgated by the
53 head of the retirement system;
54 4. Any other person who qualified as a dependent on the final federal
55 income tax return of the member or the return filed in the year imme-
56 diately preceding the year of death, until such person reaches twenty-
A. 4253--D 8
1 one years of age. In the event that a class of eligible beneficiaries
2 consists of more than one person, benefits shall be divided equally
3 among the persons in such class; and
4 5. With respect to members of the New York city employees' retirement
5 system or the board of education employees' retirement system of the
6 city of New York only, a person or persons whom the member shall have
7 nominated in the form of a written designation, duly acknowledged and
8 filed with the head of the retirement system for the purpose of section
9 six hundred six of this article.
10 O. "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT TO ANOTHER
11 PERSON, WHEN SUCH OTHER PERSON IS NOT A MEMBER OF A PUBLIC RETIREMENT
12 SYSTEM OR PENSION FUND IN A CITY OF ONE MILLION OR MORE:
13 1. IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
14 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
15 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
16 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
17 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
18 OR FOREIGN JURISDICTION; OR
19 2. IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER THE
20 OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
21 3. IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
22 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
23 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO:
24 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
25 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
26 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH ONE
27 OR TWO OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP
28 OF THE PERSONS.
29 EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE
30 DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT
31 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER
32 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC
33 PARTNER" SHALL ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN
34 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS
35 RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE
36 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON.
37 P. "PERSON" MEANS A NATURAL PERSON EIGHTEEN YEARS OF AGE OR OLDER.
38 S 9. Notwithstanding any provision of section 25 of the retirement
39 and social security law to the contrary, no appropriation shall be
40 required to be included in this act to effectuate its provisions.
41 S 10. This act shall take effect immediately and shall apply only to
42 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)
A. 4253--D 9
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
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.
