Bill Text: NY S03991 | 2021-2022 | General Assembly | Amended
Bill Title: Permits a retired member to change his or her option election or designate a new beneficiary where the beneficiary has been convicted of a family offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-05-25 - referred to governmental employees [S03991 Detail]
Download: New_York-2021-S03991-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3991--C 2021-2022 Regular Sessions IN SENATE February 1, 2021 ___________ Introduced by Sen. REICHLIN-MELNICK -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- recommitted to the Committee on Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the retirement and social security law, the education law and the administrative code of the city of New York, in relation to permitting a retired member to change his or her option election or designate a new beneficiary where the beneficiary has been convicted of a family offense The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 90 of the retirement and social security law is 2 amended by adding a new subdivision f to read as follows: 3 f. Beneficiary convicted of a family offense. 1. Notwithstanding any 4 provision of law to the contrary, a retired member subject to the 5 provisions of this article shall be permitted to change his or her 6 option election or designate a new beneficiary where the beneficiary has 7 been convicted of a family offense as defined in section eight hundred 8 twelve of the family court act or section 530.11 of the criminal proce- 9 dure law and the retired member is a complainant. 10 2. A retired member shall have one hundred eighty days from the date 11 of the beneficiary's conviction to change his or her election or desig- 12 nate a new beneficiary by submitting a request in writing to the retire- 13 ment system. Once the retirement system receives such written request 14 the member's beneficiary shall be changed or a new benefit shall be 15 calculated by the retirement system pursuant to this article. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00066-09-2S. 3991--C 2 1 3. The comptroller in consultation with the division of criminal 2 justice services and the New York state office for the prevention of 3 domestic violence shall ensure that retired members are provided notice 4 of the provisions of this subdivision. 5 4. The comptroller is authorized to promulgate rules and regulations 6 necessary for the implementation of this subdivision. 7 § 2. Section 390 of the retirement and social security law is amended 8 by adding a new subdivision f to read as follows: 9 f. Beneficiary convicted of a family offense. 1. Notwithstanding any 10 provision of law to the contrary, a retired member subject to the 11 provisions of this article shall be permitted to change his or her 12 option election or designate a new beneficiary where the beneficiary has 13 been convicted of a family offense as defined in section eight hundred 14 twelve of the family court act or section 530.11 of the criminal proce- 15 dure law and the retired member is a complainant. 16 2. A retired member shall have one hundred eighty days from the date 17 of the beneficiary's conviction to change his or her election or desig- 18 nate a new beneficiary by submitting a request in writing to the retire- 19 ment system. Once the retirement system receives such written request 20 the member's beneficiary shall be changed or a new benefit shall be 21 calculated by the retirement system pursuant to this article. 22 3. The comptroller in consultation with the division of criminal 23 justice services and the New York state office for the prevention of 24 domestic violence shall ensure that retired members are provided notice 25 of the provisions of this subdivision. 26 4. The comptroller is authorized to promulgate rules and regulations 27 necessary for the implementation of this subdivision. 28 § 3. Section 513 of the education law is amended by adding a new 29 subdivision 5 to read as follows: 30 5. Beneficiary convicted of a family offense. a. Notwithstanding any 31 provision of law to the contrary, a retired member subject to the 32 provisions of this article shall be permitted to change his or her 33 option election or designate a new beneficiary where the beneficiary has 34 been convicted of a family offense as defined in section eight hundred 35 twelve of the family court act or section 530.11 of the criminal proce- 36 dure law and the retired member is a complainant. 37 b. A retired member shall have one hundred eighty days from the date 38 of the beneficiary's conviction to change his or her election or desig- 39 nate a new beneficiary by submitting a request in writing to the retire- 40 ment system. Once the retirement system receives such written request 41 the member's beneficiary shall be changed or a new benefit shall be 42 calculated by the retirement system pursuant to this article. 43 c. The comptroller in consultation with the division of criminal 44 justice services and the New York state office for the prevention of 45 domestic violence shall ensure that retired members are provided notice 46 of the provisions of this subdivision. 47 d. The comptroller is authorized to promulgate rules and regulations 48 necessary for the implementation of this subdivision. 49 § 4. The administrative code of the city of New York is amended by 50 adding a new section 13-177.2 to read as follows: 51 § 13-177.2 Beneficiary convicted of a family offense. a. Notwith- 52 standing any provision of law to the contrary, a retired member subject 53 to the provisions of this title shall be permitted to change his or her 54 option election or designate a new beneficiary where the beneficiary has 55 been convicted of a family offense as defined in section eight hundredS. 3991--C 3 1 twelve of the family court act or section 530.11 of the criminal proce- 2 dure law and the retired member is a complainant. 3 b. A retired member shall have one hundred eighty days from the date 4 of the beneficiary's conviction to change his or her election or desig- 5 nate a new beneficiary by submitting a request in writing to the retire- 6 ment system. Once the retirement system receives such written request 7 the member's beneficiary shall be changed or a new benefit shall be 8 calculated pursuant to this title. 9 c. The comptroller in consultation with the office of criminal justice 10 and the New York state office for the prevention of domestic violence 11 shall ensure that retired members are provided notice of the provisions 12 of this section. 13 d. The comptroller is authorized to promulgate rules and regulations 14 necessary for the implementation of this section. 15 § 5. The administrative code of the city of New York is amended by 16 adding a new section 13-261.4 to read as follows: 17 § 13-261.4 Beneficiary convicted of a family offense. a. Notwith- 18 standing any provision of law to the contrary, a retired member subject 19 to the provisions of this title shall be permitted to change his or her 20 option election or designate a new beneficiary where the beneficiary has 21 been convicted of a family offense as defined in section eight hundred 22 twelve of the family court act or section 530.11 of the criminal proce- 23 dure law and the retired member is a complainant. 24 b. A retired member shall have one hundred eighty days from the date 25 of the beneficiary's conviction to change his or her election or desig- 26 nate a new beneficiary by submitting a request in writing to the retire- 27 ment system. Once the retirement system receives such written request 28 the member's beneficiary shall be changed or a new benefit shall be 29 calculated by the retirement system pursuant to this title. 30 c. The comptroller in consultation with the office of criminal justice 31 and the New York state office for the prevention of domestic violence 32 shall ensure that retired members are provided notice of the provisions 33 of this section. 34 d. The comptroller is authorized to promulgate rules and regulations 35 necessary for the implementation of this section. 36 § 6. The administrative code of the city of New York is amended by 37 adding a new section 13-369.2 to read as follows: 38 § 13-369.2 Beneficiary convicted of a family offense. a. Notwith- 39 standing any provision of law to the contrary, a retired member subject 40 to the provisions of this title shall be permitted to change his or her 41 option election or designate a new beneficiary where the beneficiary has 42 been convicted of a family offense as defined in section eight hundred 43 twelve of the family court act or section 530.11 of the criminal proce- 44 dure law and the retired member is a complainant. 45 b. A retired member shall have one hundred eighty days from the date 46 of the beneficiary's conviction to change his or her election or desig- 47 nate a new beneficiary by submitting a request in writing to the retire- 48 ment system. Once the retirement system receives such written request 49 the member's beneficiary shall be changed or a new benefit shall be 50 calculated by the retirement system pursuant to this title. 51 c. The comptroller in consultation with the office of criminal justice 52 and the New York state office for the prevention of domestic violence 53 shall ensure that retired members are provided notice of the provisions 54 of this section. 55 d. The comptroller is authorized to promulgate rules and regulations 56 necessary for the implementation of this section.S. 3991--C 4 1 § 7. The administrative code of the city of New York is amended by 2 adding a new section 13-559.2 to read as follows: 3 § 13-559.2 Beneficiary convicted of a family offense. a. Notwith- 4 standing any provision of law to the contrary, a retired member subject 5 to the provisions of this title shall be permitted to change his or her 6 option election or designate a new beneficiary where the beneficiary has 7 been convicted of a family offense as defined in section eight hundred 8 twelve of the family court act or section 530.11 of the criminal proce- 9 dure law and the retired member is a complainant. 10 b. A retired member shall have one hundred eighty days from the date 11 of the beneficiary's conviction to change his or her election or desig- 12 nate a new beneficiary by submitting a request in writing to the retire- 13 ment system. Once the retirement system receives such written request 14 the member's beneficiary shall be changed or a new benefit shall be 15 calculated by the retirement system pursuant to this title. 16 c. The comptroller in consultation with the office of criminal justice 17 and the New York state office for the prevention of domestic violence 18 shall ensure that retired members are provided notice of the provisions 19 of this section. 20 d. The comptroller is authorized to promulgate rules and regulations 21 necessary for the implementation of this section. 22 § 8. This act shall take effect on the one hundred eightieth day after 23 it shall have become a law.