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S06750 Summary:

BILL NOS06750
 
SAME ASSAME AS A05223
 
SPONSORWEBB
 
COSPNSRBROUK, CLEARE, COMRIE, FERNANDEZ, JACKSON, ROLISON
 
MLTSPNSR
 
Amd §§90 & 390, R & SS L; amd §513, Ed L; add §§13-177.2, 13-261.4, 13-369.2 & 13-559.2, NYC Ad Cd
 
Permits a retired member to change their option election or designate a new beneficiary where the beneficiary has been convicted of a family offense.
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S06750 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6750
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     March 21, 2025
                                       ___________
 
        Introduced  by  Sens.  WEBB,  BROUK, CLEARE, COMRIE, FERNANDEZ, JACKSON,
          ROLISON -- read twice and ordered printed,  and  when  printed  to  be
          committed to the Committee on Civil Service and Pensions
 
        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 their 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 such member's
     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 such member's election or
    12  designate a new beneficiary by submitting a request in  writing  to  the
    13  retirement  system.  Once  the  retirement  system receives such written
    14  request the member's beneficiary shall be changed or a new benefit shall
    15  be calculated by the retirement system pursuant to this article.
    16    3. The comptroller in  consultation  with  the  division  of  criminal
    17  justice  services  and  the  New York state office for the prevention of
    18  domestic violence shall ensure that retired members are provided  notice
    19  of the provisions of this subdivision.
    20    4.  The  comptroller is authorized to promulgate rules and regulations
    21  necessary for the implementation of this subdivision.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06842-01-5

        S. 6750                             2
 
     1    § 2. Section 390 of the retirement and social security law is  amended
     2  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 such member's
     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 such member's election or
    12  designate a new beneficiary by submitting a request in  writing  to  the
    13  retirement  system.  Once  the  retirement  system receives such written
    14  request the member's beneficiary shall be changed or a new benefit shall
    15  be calculated by the retirement system pursuant to this article.
    16    3. The comptroller in  consultation  with  the  division  of  criminal
    17  justice  services  and  the  New York state office for the prevention of
    18  domestic violence shall ensure that retired members are provided  notice
    19  of the provisions of this subdivision.
    20    4.  The  comptroller is authorized to promulgate rules and regulations
    21  necessary for the implementation of this subdivision.
    22    § 3. Section 513 of the education law  is  amended  by  adding  a  new
    23  subdivision 5 to read as follows:
    24    5.  Beneficiary  convicted of a family offense. a. Notwithstanding any
    25  provision of law to the  contrary,  a  retired  member  subject  to  the
    26  provisions  of  this  article shall be permitted to change such member's
    27  option election or designate a new beneficiary where the beneficiary has
    28  been convicted of a family offense as defined in section  eight  hundred
    29  twelve  of the family court act or section 530.11 of the criminal proce-
    30  dure law and the retired member is a complainant.
    31    b. A retired member shall have one hundred eighty days from  the  date
    32  of  the  beneficiary's  conviction  to  change such member's election or
    33  designate a new beneficiary by submitting a request in  writing  to  the
    34  retirement  system.  Once  the  retirement  system receives such written
    35  request the member's beneficiary shall be changed or a new benefit shall
    36  be calculated by the retirement system pursuant to this article.
    37    c. The comptroller in  consultation  with  the  division  of  criminal
    38  justice  services  and  the  New York state office for the prevention of
    39  domestic violence shall ensure that retired members are provided  notice
    40  of the provisions of this subdivision.
    41    d.  The  comptroller is authorized to promulgate rules and regulations
    42  necessary for the implementation of this subdivision.
    43    § 4. The administrative code of the city of New  York  is  amended  by
    44  adding a new section 13-177.2 to read as follows:
    45    §  13-177.2  Beneficiary  convicted  of a family offense. a.  Notwith-
    46  standing any provision of law to the contrary, a retired member  subject
    47  to  the  provisions  of  this  title  shall  be permitted to change such
    48  member's option election or designate a new beneficiary where the  bene-
    49  ficiary  has  been  convicted  of a family offense as defined in section
    50  eight hundred twelve of the family court act or section  530.11  of  the
    51  criminal procedure law and the retired member is a complainant.
    52    b.  A  retired member shall have one hundred eighty days from the date
    53  of the beneficiary's conviction to  change  such  member's  election  or
    54  designate  a  new  beneficiary by submitting a request in writing to the
    55  retirement system. Once the  retirement  system  receives  such  written

        S. 6750                             3

     1  request the member's beneficiary shall be changed or a new benefit shall
     2  be calculated pursuant to this title.
     3    c. The comptroller in consultation with the office of criminal justice
     4  and  the  New  York state office for the prevention of domestic violence
     5  shall ensure that retired members are provided notice of the  provisions
     6  of this section.
     7    d.  The  comptroller is authorized to promulgate rules and regulations
     8  necessary for the implementation of this section.
     9    § 5. The administrative code of the city of New  York  is  amended  by
    10  adding a new section 13-261.4 to read as follows:
    11    §  13-261.4  Beneficiary  convicted  of a family offense. a.  Notwith-
    12  standing any provision of law to the contrary, a retired member  subject
    13  to  the  provisions  of  this  title  shall  be permitted to change such
    14  member's option election or designate a new beneficiary where the  bene-
    15  ficiary  has  been  convicted  of a family offense as defined in section
    16  eight hundred twelve of the family court act or section  530.11  of  the
    17  criminal procedure law and the retired member is a complainant.
    18    b.  A  retired member shall have one hundred eighty days from the date
    19  of the beneficiary's conviction to  change  such  member's  election  or
    20  designate  a  new  beneficiary by submitting a request in writing to the
    21  retirement system. Once the  retirement  system  receives  such  written
    22  request the member's beneficiary shall be changed or a new benefit shall
    23  be calculated by the retirement system pursuant to this title.
    24    c. The comptroller in consultation with the office of criminal justice
    25  and  the  New  York state office for the prevention of domestic violence
    26  shall ensure that retired members are provided notice of the  provisions
    27  of this section.
    28    d.  The  comptroller is authorized to promulgate rules and regulations
    29  necessary for the implementation of this section.
    30    § 6. The administrative code of the city of New  York  is  amended  by
    31  adding a new section 13-369.2 to read as follows:
    32    §  13-369.2  Beneficiary  convicted  of a family offense. a.  Notwith-
    33  standing any provision of law to the contrary, a retired member  subject
    34  to  the  provisions  of  this  title  shall  be permitted to change such
    35  member's option election or designate a new beneficiary where the  bene-
    36  ficiary  has  been  convicted  of a family offense as defined in section
    37  eight hundred twelve of the family court act or section  530.11  of  the
    38  criminal procedure law and the retired member is a complainant.
    39    b.  A  retired member shall have one hundred eighty days from the date
    40  of the beneficiary's conviction to  change  such  member's  election  or
    41  designate  a  new  beneficiary by submitting a request in writing to the
    42  retirement system. Once the  retirement  system  receives  such  written
    43  request the member's beneficiary shall be changed or a new benefit shall
    44  be calculated by the retirement system pursuant to this title.
    45    c. The comptroller in consultation with the office of criminal justice
    46  and  the  New  York state office for the prevention of domestic violence
    47  shall ensure that retired members are provided notice of the  provisions
    48  of this section.
    49    d.  The  comptroller is authorized to promulgate rules and regulations
    50  necessary for the implementation of this section.
    51    § 7. The administrative code of the city of New  York  is  amended  by
    52  adding a new section 13-559.2 to read as follows:
    53    §  13-559.2  Beneficiary  convicted  of a family offense. a.  Notwith-
    54  standing any provision of law to the contrary, a retired member  subject
    55  to  the  provisions  of  this  title  shall  be permitted to change such
    56  member's option election or designate a new beneficiary where the  bene-

        S. 6750                             4
 
     1  ficiary  has  been  convicted  of a family offense as defined in section
     2  eight hundred twelve of the family court act or section  530.11  of  the
     3  criminal procedure law and the retired member is a complainant.
     4    b.  A  retired member shall have one hundred eighty days from the date
     5  of the beneficiary's conviction to  change  such  member's  election  or
     6  designate  a  new  beneficiary by submitting a request in writing to the
     7  retirement system. Once the  retirement  system  receives  such  written
     8  request the member's beneficiary shall be changed or a new benefit shall
     9  be calculated by the retirement system pursuant to this title.
    10    c. The comptroller in consultation with the office of criminal justice
    11  and  the  New  York state office for the prevention of domestic violence
    12  shall ensure that retired members are provided notice of the  provisions
    13  of this section.
    14    d.  The  comptroller is authorized to promulgate rules and regulations
    15  necessary for the implementation of this section.
    16    § 8. This act shall take effect on the one hundred eightieth day after
    17  it shall have become a law.
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