NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6458
SPONSOR: Chandler-Waterman
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
Prohibits a person who has abandoned his or her spouse or domestic part-
ner from collecting any portion of the spouse's or domestic partner's
pension
 
SUMMARY OF PROVISIONS:
§_212.Abandonment; bar to pension collection. (a)Notwithstanding any
provision of law to the contrary, a person who has abandoned his or her
spouse or domestic partner shall be barred from claiming or collecting,
as part of a distributive award, any portion of a pension owed to such
spouse or domestic partner by any public or private employer. (b)Nothing
in this section shall be construed to bar or impede the enforcement of
an order for child support or for spousal maintenance by garnishment or
attachment of such pension funds or by other means.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
 
JUSTIFICATION:
This bill serves as way to prohibits an individual who has abandoned his
or her spouse or domestic partner from collecting any portion of the
spouse's or domestic partner's pension.
 
PRIOR LEGISLATIVE HISTORY:
2009-2010: A5733 2011-2012: A4340 2013-2014: A4783
2015-2016: A6480 2017-2018: A2904 2019-2020: A1331
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6458
2023-2024 Regular Sessions
IN ASSEMBLY
April 11, 2023
___________
Introduced by M. of A. CHANDLER-WATERMAN -- 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 § 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 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07927-01-3