Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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May 14, 2024 |
referred to governmental employees delivered to assembly passed senate |
Feb 28, 2024 |
advanced to third reading |
Feb 27, 2024 |
2nd report cal. |
Feb 26, 2024 |
1st report cal.486 |
Feb 06, 2024 |
reported and committed to finance |
Jan 03, 2024 |
referred to civil service and pensions returned to senate died in assembly |
May 22, 2023 |
referred to governmental employees delivered to assembly passed senate |
May 18, 2023 |
advanced to third reading |
May 17, 2023 |
2nd report cal. |
May 16, 2023 |
1st report cal.1032 |
Apr 25, 2023 |
reported and committed to finance |
Feb 23, 2023 |
referred to civil service and pensions |
Senate Bill S5131
2023-2024 Legislative Session
Relates to forfeiture of a beneficiary's right to benefits upon conviction of domestic violence offense
download bill text pdfSponsored By
(D, WF) 52nd Senate District
Current Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: May 14, 2024
aye (60)- Addabbo Jr.
- Ashby
- Bailey
- Borrello
- Breslin
- Brisport
- Brouk
- Canzoneri-Fitzpatrick
- Chu
- Cleare
- Comrie
- Cooney
- Felder
- Fernandez
- Gallivan
- Gianaris
- Gonzalez
- Gounardes
- Griffo
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Krueger
- Lanza
- Liu
- Mannion
- Martinez
- Martins
- Mattera
- May
- Mayer
- Murray
- Myrie
- O'Mara
- Oberacker
- Ortt
- Palumbo
- Parker
- Persaud
- Ramos
- Rhoads
- Rivera
- Rolison
- Ryan
- Salazar
- Sanders Jr.
- Scarcella-Spanton
- Serrano
- Skoufis
- Stavisky
- Stec
- Stewart-Cousins
- Tedisco
- Thomas
- Webb
- Weber
- Weik
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Floor Vote: May 22, 2023
aye (61)- Addabbo Jr.
- Ashby
- Bailey
- Borrello
- Breslin
- Brisport
- Brouk
- Chu
- Cleare
- Comrie
- Cooney
- Felder
- Fernandez
- Gallivan
- Gianaris
- Gonzalez
- Gounardes
- Griffo
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martinez
- Martins
- Mattera
- May
- Mayer
- Murray
- Myrie
- O'Mara
- Oberacker
- Ortt
- Palumbo
- Persaud
- Ramos
- Rhoads
- Rivera
- Rolison
- Ryan
- Salazar
- Sanders Jr.
- Scarcella-Spanton
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stec
- Stewart-Cousins
- Tedisco
- Thomas
- Walczyk
- Webb
- Weber
- Weik
excused (2)
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Feb 26, 2024 - Finance Committee Vote
S513120Aye0Nay0Aye with Reservations2Absent0Excused0AbstainedMay 16, 2023 - Finance Committee Vote
S513122Aye0Nay0Aye with Reservations0Absent0Excused0AbstainedFeb 6, 2024 - Civil Service And Pensions Committee Vote
S51317Aye0Nay0Aye with Reservations0Absent0Excused0Abstained-
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Civil Service And Pensions Committee Vote: Feb 6, 2024
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Apr 25, 2023 - Civil Service And Pensions Committee Vote
S51317Aye0Nay0Aye with Reservations0Absent0Excused0Abstained-
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Civil Service And Pensions Committee Vote: Apr 25, 2023
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co-Sponsors
(D, WF) 55th Senate District
(D) 30th Senate District
(D) 14th Senate District
(D) 34th Senate District
(D, WF) 31st Senate District
(R) 39th Senate District
2023-S5131 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5629
- Current Committee:
- Assembly Governmental Employees
- Law Section:
- Retirement and Social Security Law
- Laws Affected:
- 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
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
S4062, A6841
2021-2022: S3991, A6351
2023-S5131 (ACTIVE) - Sponsor Memo
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.
2023-S5131 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5131 2023-2024 Regular Sessions I N S E N A T E February 23, 2023 ___________ Introduced by Sen. WEBB -- 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 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: Section 1. Section 90 of the retirement and social security law is amended by adding a new subdivision f to read as follows: F. BENEFICIARY CONVICTED OF A FAMILY OFFENSE. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A RETIRED MEMBER SUBJECT TO THE PROVISIONS OF THIS ARTICLE SHALL BE PERMITTED TO CHANGE HIS OR HER OPTION ELECTION OR DESIGNATE A NEW BENEFICIARY WHERE THE BENEFICIARY HAS BEEN CONVICTED OF A FAMILY OFFENSE AS DEFINED IN SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT OR SECTION 530.11 OF THE CRIMINAL PROCE- DURE LAW AND THE RETIRED MEMBER IS A COMPLAINANT. 2. A RETIRED MEMBER SHALL HAVE ONE HUNDRED EIGHTY DAYS FROM THE DATE OF THE BENEFICIARY'S CONVICTION TO CHANGE HIS OR HER ELECTION OR DESIG- NATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE RETIRE- MENT SYSTEM. ONCE THE RETIREMENT SYSTEM RECEIVES SUCH WRITTEN REQUEST THE MEMBER'S BENEFICIARY SHALL BE CHANGED OR A NEW BENEFIT SHALL BE CALCULATED BY THE RETIREMENT SYSTEM PURSUANT TO THIS ARTICLE. 3. THE COMPTROLLER IN CONSULTATION WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE NEW YORK STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE SHALL ENSURE THAT RETIRED MEMBERS ARE PROVIDED NOTICE OF THE PROVISIONS OF THIS SUBDIVISION. 4. THE COMPTROLLER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SUBDIVISION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05559-01-3 S. 5131 2
§ 2. Section 390 of the retirement and social security law is amended by adding a new subdivision f to read as follows: F. BENEFICIARY CONVICTED OF A FAMILY OFFENSE. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A RETIRED MEMBER SUBJECT TO THE PROVISIONS OF THIS ARTICLE SHALL BE PERMITTED TO CHANGE HIS OR HER OPTION ELECTION OR DESIGNATE A NEW BENEFICIARY WHERE THE BENEFICIARY HAS BEEN CONVICTED OF A FAMILY OFFENSE AS DEFINED IN SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT OR SECTION 530.11 OF THE CRIMINAL PROCE- DURE LAW AND THE RETIRED MEMBER IS A COMPLAINANT. 2. A RETIRED MEMBER SHALL HAVE ONE HUNDRED EIGHTY DAYS FROM THE DATE OF THE BENEFICIARY'S CONVICTION TO CHANGE HIS OR HER ELECTION OR DESIG- NATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE RETIRE- MENT SYSTEM. ONCE THE RETIREMENT SYSTEM RECEIVES SUCH WRITTEN REQUEST THE MEMBER'S BENEFICIARY SHALL BE CHANGED OR A NEW BENEFIT SHALL BE CALCULATED BY THE RETIREMENT SYSTEM PURSUANT TO THIS ARTICLE. 3. THE COMPTROLLER IN CONSULTATION WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE NEW YORK STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE SHALL ENSURE THAT RETIRED MEMBERS ARE PROVIDED NOTICE OF THE PROVISIONS OF THIS SUBDIVISION. 4. THE COMPTROLLER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SUBDIVISION. § 3. Section 513 of the education law is amended by adding a new subdivision 5 to read as follows: 5. BENEFICIARY CONVICTED OF A FAMILY OFFENSE. A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A RETIRED MEMBER SUBJECT TO THE PROVISIONS OF THIS ARTICLE SHALL BE PERMITTED TO CHANGE HIS OR HER OPTION ELECTION OR DESIGNATE A NEW BENEFICIARY WHERE THE BENEFICIARY HAS BEEN CONVICTED OF A FAMILY OFFENSE AS DEFINED IN SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT OR SECTION 530.11 OF THE CRIMINAL PROCE- DURE LAW AND THE RETIRED MEMBER IS A COMPLAINANT. B. A RETIRED MEMBER SHALL HAVE ONE HUNDRED EIGHTY DAYS FROM THE DATE OF THE BENEFICIARY'S CONVICTION TO CHANGE HIS OR HER ELECTION OR DESIG- NATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE RETIRE- MENT SYSTEM. ONCE THE RETIREMENT SYSTEM RECEIVES SUCH WRITTEN REQUEST THE MEMBER'S BENEFICIARY SHALL BE CHANGED OR A NEW BENEFIT SHALL BE CALCULATED BY THE RETIREMENT SYSTEM PURSUANT TO THIS ARTICLE. C. THE COMPTROLLER IN CONSULTATION WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE NEW YORK STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE SHALL ENSURE THAT RETIRED MEMBERS ARE PROVIDED NOTICE OF THE PROVISIONS OF THIS SUBDIVISION. D. THE COMPTROLLER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SUBDIVISION. § 4. The administrative code of the city of New York is amended by adding a new section 13-177.2 to read as follows: § 13-177.2 BENEFICIARY CONVICTED OF A FAMILY OFFENSE. A. NOTWITH- STANDING ANY PROVISION OF LAW TO THE CONTRARY, A RETIRED MEMBER SUBJECT TO THE PROVISIONS OF THIS TITLE SHALL BE PERMITTED TO CHANGE HIS OR HER OPTION ELECTION OR DESIGNATE A NEW BENEFICIARY WHERE THE BENEFICIARY HAS BEEN CONVICTED OF A FAMILY OFFENSE AS DEFINED IN SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT OR SECTION 530.11 OF THE CRIMINAL PROCE- DURE LAW AND THE RETIRED MEMBER IS A COMPLAINANT. B. A RETIRED MEMBER SHALL HAVE ONE HUNDRED EIGHTY DAYS FROM THE DATE OF THE BENEFICIARY'S CONVICTION TO CHANGE HIS OR HER ELECTION OR DESIG- NATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE RETIRE- MENT SYSTEM. ONCE THE RETIREMENT SYSTEM RECEIVES SUCH WRITTEN REQUEST S. 5131 3 THE MEMBER'S BENEFICIARY SHALL BE CHANGED OR A NEW BENEFIT SHALL BE CALCULATED PURSUANT TO THIS TITLE. C. THE COMPTROLLER IN CONSULTATION WITH THE OFFICE OF CRIMINAL JUSTICE AND THE NEW YORK STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE SHALL ENSURE THAT RETIRED MEMBERS ARE PROVIDED NOTICE OF THE PROVISIONS OF THIS SECTION. D. THE COMPTROLLER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION. § 5. The administrative code of the city of New York is amended by adding a new section 13-261.4 to read as follows: § 13-261.4 BENEFICIARY CONVICTED OF A FAMILY OFFENSE. A. NOTWITH- STANDING ANY PROVISION OF LAW TO THE CONTRARY, A RETIRED MEMBER SUBJECT TO THE PROVISIONS OF THIS TITLE SHALL BE PERMITTED TO CHANGE HIS OR HER OPTION ELECTION OR DESIGNATE A NEW BENEFICIARY WHERE THE BENEFICIARY HAS BEEN CONVICTED OF A FAMILY OFFENSE AS DEFINED IN SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT OR SECTION 530.11 OF THE CRIMINAL PROCE- DURE LAW AND THE RETIRED MEMBER IS A COMPLAINANT. B. A RETIRED MEMBER SHALL HAVE ONE HUNDRED EIGHTY DAYS FROM THE DATE OF THE BENEFICIARY'S CONVICTION TO CHANGE HIS OR HER ELECTION OR DESIG- NATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE RETIRE- MENT SYSTEM. ONCE THE RETIREMENT SYSTEM RECEIVES SUCH WRITTEN REQUEST THE MEMBER'S BENEFICIARY SHALL BE CHANGED OR A NEW BENEFIT SHALL BE CALCULATED BY THE RETIREMENT SYSTEM PURSUANT TO THIS TITLE. C. THE COMPTROLLER IN CONSULTATION WITH THE OFFICE OF CRIMINAL JUSTICE AND THE NEW YORK STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE SHALL ENSURE THAT RETIRED MEMBERS ARE PROVIDED NOTICE OF THE PROVISIONS OF THIS SECTION. D. THE COMPTROLLER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION. § 6. The administrative code of the city of New York is amended by adding a new section 13-369.2 to read as follows: § 13-369.2 BENEFICIARY CONVICTED OF A FAMILY OFFENSE. A. NOTWITH- STANDING ANY PROVISION OF LAW TO THE CONTRARY, A RETIRED MEMBER SUBJECT TO THE PROVISIONS OF THIS TITLE SHALL BE PERMITTED TO CHANGE HIS OR HER OPTION ELECTION OR DESIGNATE A NEW BENEFICIARY WHERE THE BENEFICIARY HAS BEEN CONVICTED OF A FAMILY OFFENSE AS DEFINED IN SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT OR SECTION 530.11 OF THE CRIMINAL PROCE- DURE LAW AND THE RETIRED MEMBER IS A COMPLAINANT. B. A RETIRED MEMBER SHALL HAVE ONE HUNDRED EIGHTY DAYS FROM THE DATE OF THE BENEFICIARY'S CONVICTION TO CHANGE HIS OR HER ELECTION OR DESIG- NATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE RETIRE- MENT SYSTEM. ONCE THE RETIREMENT SYSTEM RECEIVES SUCH WRITTEN REQUEST THE MEMBER'S BENEFICIARY SHALL BE CHANGED OR A NEW BENEFIT SHALL BE CALCULATED BY THE RETIREMENT SYSTEM PURSUANT TO THIS TITLE. C. THE COMPTROLLER IN CONSULTATION WITH THE OFFICE OF CRIMINAL JUSTICE AND THE NEW YORK STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE SHALL ENSURE THAT RETIRED MEMBERS ARE PROVIDED NOTICE OF THE PROVISIONS OF THIS SECTION. D. THE COMPTROLLER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION. § 7. The administrative code of the city of New York is amended by adding a new section 13-559.2 to read as follows: § 13-559.2 BENEFICIARY CONVICTED OF A FAMILY OFFENSE. A. NOTWITH- STANDING ANY PROVISION OF LAW TO THE CONTRARY, A RETIRED MEMBER SUBJECT TO THE PROVISIONS OF THIS TITLE SHALL BE PERMITTED TO CHANGE HIS OR HER OPTION ELECTION OR DESIGNATE A NEW BENEFICIARY WHERE THE BENEFICIARY HAS S. 5131 4 BEEN CONVICTED OF A FAMILY OFFENSE AS DEFINED IN SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT OR SECTION 530.11 OF THE CRIMINAL PROCE- DURE LAW AND THE RETIRED MEMBER IS A COMPLAINANT. B. A RETIRED MEMBER SHALL HAVE ONE HUNDRED EIGHTY DAYS FROM THE DATE OF THE BENEFICIARY'S CONVICTION TO CHANGE HIS OR HER ELECTION OR DESIG- NATE A NEW BENEFICIARY BY SUBMITTING A REQUEST IN WRITING TO THE RETIRE- MENT SYSTEM. ONCE THE RETIREMENT SYSTEM RECEIVES SUCH WRITTEN REQUEST THE MEMBER'S BENEFICIARY SHALL BE CHANGED OR A NEW BENEFIT SHALL BE CALCULATED BY THE RETIREMENT SYSTEM PURSUANT TO THIS TITLE. C. THE COMPTROLLER IN CONSULTATION WITH THE OFFICE OF CRIMINAL JUSTICE AND THE NEW YORK STATE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE SHALL ENSURE THAT RETIRED MEMBERS ARE PROVIDED NOTICE OF THE PROVISIONS OF THIS SECTION. D. THE COMPTROLLER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION. § 8. This act shall take effect on the one hundred eightieth day after it shall have become a law.
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