BILL NUMBER: S5131
SPONSOR: WEBB
 
TITLE OF BILL:
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
 
PURPOSE:
To prevent named beneficiaries, who commit an act of domestic violence
against a state or city retiree, from receiving any pension benefits.
 
SUMMARY OF PROVISIONS:
Section one adds a new section, § 103, to the retirement and social
security law, focusing on state retirees, providing a retiree may name a
new beneficiary or choose to receive a higher lifetime benefit when
their named beneficiary has been convicted of a domestic violence
offense. A retiree will have one hundred eighty days from the date of
the current beneficiary's conviction to make such changes. This section
also allows the retirement systems to recalculate the retiree's benefit.
Lastly, this section requires the Office of the State Comptroller to
work with the Division of Criminal Services and the NYS Office for the
Prevention of Domestic Violence to ensure retirees are aware of the
provisions of this law.
Section two amends the administrative code of the city of New York by
adding a new section, 13-197, which mirrors the provisions of section
one of the bill and makes them applicable to retirees of the NYC pension
systems.
Section three establishes the effective date.
 
JUSTIFICATION:
Domestic abusers should not be able to collect pension benefits from
their victims, but current state law does not allow retirees to desig-
nate a new beneficiary, even if their current beneficiary has been
convicted of a domestic violence crime. Allowing abusers to collect
benefits from the persons or families they have abused is simply unjust.
This bill will empower survivors to decide what course of action to take
as it relates to their pension when their named beneficiary commits an
act of domestic violence.
 
LEGISLATIVE HISTORY:
2021-22: S.3991-C Passed Senate
2019-20: S4062 Civil Service and Pensions
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

Statutes affected:
S5131: 390 retirement and social security law, 513 education law