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.
STATE OF NEW YORK
________________________________________________________________________
4062
2019-2020 Regular Sessions
IN SENATE
February 26, 2019
___________
Introduced by Sen. CARLUCCI -- 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, 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
