Bill Text: NY A06841 | 2019-2020 | General Assembly | Introduced

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Bill Title: Imposes the forfeiture of a beneficiary's right to benefits upon conviction of domestic violence offense where the victim of such crime is the member for which he or she is a beneficiary.

Spectrum: Moderate Partisan Bill (Democrat 22-5)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental employees [A06841 Detail]

Download: New_York-2019-A06841-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6841
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 21, 2019
                                       ___________
        Introduced  by M. of A. REYES -- read once and referred to the Committee
          on Governmental Employees
        AN ACT to amend the retirement and social security law, in  relation  to
          forfeiture  of  a beneficiary's right to benefits upon conviction of a
          domestic violence offense
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The retirement and social security law is amended by adding
     2  a new section 111-b to read as follows:
     3    § 111-b. Beneficiary forfeiture. a. A beneficiary convicted of harass-
     4  ment  in  the  first degree, harassment in the second degree, aggravated
     5  harassment in the second degree, sexual misconduct,  forcible  touching,
     6  sexual  abuse  in the third degree, sexual abuse in the second degree as
     7  set forth in subdivision one of section 130.60 of the penal law,  stalk-
     8  ing  in the first degree, stalking in the second degree, stalking in the
     9  third degree, stalking in the fourth degree, criminal mischief, menacing
    10  in the second degree, menacing in the third degree,  reckless  endanger-
    11  ment,  strangulation  in  the  first degree, strangulation in the second
    12  degree, criminal obstruction of breathing or blood circulation,  assault
    13  in  the  second  degree, assault in the third degree, attempted assault,
    14  coercion in the third degree as set forth in subdivisions one,  two  and
    15  three  of  section  135.60  of  the penal law, except if such individual
    16  would not be criminally responsible by reason of age pursuant to section
    17  30.00 of the penal law, where the victim of such crime is the member for
    18  which he or she is a beneficiary, shall be subject to forfeiture of  any
    19  benefits under this article.
    20    b.  Notwithstanding  subdivision a of this section, a member may rein-
    21  state the status of a  beneficiary  subject  to  forfeiture  under  such
    22  subdivision  by  filing  a written request to that effect with the state
    23  comptroller.
    24    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02648-01-9