Bill Text: NY A04340 | 2011-2012 | General Assembly | Introduced


Bill Title: Prohibits a person who has abandoned his or her spouse or domestic partner from collecting any portion of the spouse's pension.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2012-01-04 - referred to judiciary [A04340 Detail]

Download: New_York-2011-A04340-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4340
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2011
                                      ___________
       Introduced by M. of A. PERRY, COLTON, CAMARA -- Multi-Sponsored by -- M.
         of  A.  JAFFEE, ROBINSON -- read once and referred to the Committee on
         Judiciary
       AN ACT to amend the domestic relations law, in relation to prohibiting a
         person who has abandoned his or her spouse from collecting any portion
         of the spouse's pension
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  domestic  relations  law  is amended by adding a new
    2  section 212 to read as follows:
    3    S 212. ABANDONMENT; BAR TO PENSION COLLECTION. (A) NOTWITHSTANDING ANY
    4  PROVISION OF LAW TO THE CONTRARY, A PERSON WHO HAS ABANDONED HIS OR  HER
    5  SPOUSE  OR DOMESTIC PARTNER SHALL BE BARRED FROM CLAIMING OR COLLECTING,
    6  AS PART OF A DISTRIBUTIVE AWARD, ANY PORTION OF A PENSION OWED  TO  SUCH
    7  SPOUSE OR DOMESTIC PARTNER BY ANY PUBLIC OR PRIVATE EMPLOYER.
    8    (B)  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO BAR OR IMPEDE THE
    9  ENFORCEMENT OF AN ORDER FOR CHILD SUPPORT OR FOR SPOUSAL MAINTENANCE  BY
   10  GARNISHMENT OR ATTACHMENT OF SUCH PENSION FUNDS OR BY OTHER MEANS.
   11    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08551-01-1
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