Provides certain benefits and rights to domestic partners of members of certain retirement funds and systems

Summary of specific provisions

§ 1. Subdivisions 21 of section 1-112 of the administrative code of the city of New York, as added by local law number 27 of the city of New York for the year 1998 is amended to define the term "domestic partner".

§ 2. Subdivision a of section 3-240 of the administrative code of the city of New York as amended by local law number 24 of the city of New York for the year 2002, is amended to define the term domestic partner.

§ 3. Section 208-f of the general municipal law is amended by adding a new subdivision h that the terms "widow" and "widower" shall be deemed to include the surviving domestic partner in the payment of a special accidental death benefit for a member of the New York City police pension fund, the New York City fire department fund, a paid member of the uniformed correction force of New York City, an employee of the city of New York or New York City health and hospitals corporation in a title who duties are those of an emergency medical technician or advanced emergency technician, or a paid bridge and tunnel member of the New York city employee's retirement system.

§ 4. Section 12-125 of the administrative code of the city of New York, as amended by chapter 834 of the laws of 1987 is amended to include domestic partner.

§ 5. Subdivision 67 of section 13-101 of the administrative code of the city of New York is amended to include domestic partner.

§ 6. Subdivision a of section 13-149 of the administrative code of the city of New York, paragraph 3 as amended and paragraph 4 as added by chapter 408 of the laws 2000 is amended to include domestic partner.

§ 7. Paragraph 2 of subdivision b of section 13-1349 of the administra- tive code of the city of New York, as amended by chapter 290 of the laws of2001 is amended to include domestic partner.

§ 8. Section 13-177 of the administrative code of the city of New York is amended to include domestic partner.

§ 9. Section 13-184 of the administrative code of the city of New York is amended to include surviving domestic partner.

§10. Section 13-244 of the administrative code of the city of New York, as amended by chapter 348 of the laws of 1989, subdivisions 2 and 3 as amended by chapter 733 of the laws of 1990 and subdivision 4 as added by chapter 105 of the laws of 2005, is amended to include domestic partner.

§ 11. Section 13-253 of the administrative code of the city of New York is amended in regards to dependent benefits for surviving spouses, surviving domestic partners and orphans.

§ 12. Subdivision a of section 13-261 of the administrative code of the city of New York, the opening paragraph as amended by chapter 775 of the laws of 1987, is amended to include domestic partner.

§ 13. Subdivision b of section 13-261.2 of the administrative code of the city of New York, as added by chapter 775 of the laws of 1987 is amended for the purpose of electing an option pursuant to section 13261 in which the pension board shall notify the surviving spouse or domestic partner of any applicant or if no such spouse or domestic partner exists, the personal representative of the estate of such applicant may elect any such option within thirty days after receipt of such notice.

§ 14. Section 13-261.3 of the administrative code of the city of New York, as added by chapter 582 of the laws of 1997, is amended to include domestic partner.

§ 15. Section 13-267 of the administrative code of the city of New York in amended to include domestic partners.

§ 16. Subdivision c of section 13-347 of the administrative code of the city of New York, as amended by chapter 348 of the laws of 1989 and paragraphs 2 and 3 as amended by chapter 733 of the laws of 1990, is amended to include domestic partners.

§ 17. The section heading of section 13-355 of the administrative code of the city of New York is amended to include surviving domestic part- ners.

§ 18. Paragraph 1 of subdivision b of section 13-355 of the administra- tive code of the city of New York is amended to include surviving domes- tic partner.

§ 19. Subdivision c of section 13-355 of the administrative code of the city of New York is amended to read that dependent benefits shall be granted to the surviving spouse, domestic partner, child or children or dependent parent or parents of a member only upon satisfaction of the

applicable requirements set forth in subdivision a of this section or if the member became a member on or after such starting date.

§ 20. Subdivision a of section 13-369 of the administrative code of the city of New York, the opening paragraph as amended by chapter 775 of the laws of 1987 is amended to include domestic partner.

§ 21. Subdivision d of section 13-369 of the administrative code of the city of New York, as added by chapter 775 of the laws of 1987 is amended to include domestic partner.

§ 22. Section 13-369.1 of the administrative code of the city of New York, as added by chapter 582 of the laws of 1997, is amended to include domestic partner.

§ 23. Subdivision a of section 13-370 of the administrative code of the city of New York, as amended by chapter 288 of the laws of 1990, is amended to include domestic partner.

§ 24. Subdivision e of section 13-370 of the administrative code of the city of New York, as added by chapter 288 of the laws of 1990, is amended to include domestic partner.

§ 25. Section 13-370.1 of the administrative code of the city of New York, as added by chapter 582 of the laws of 1997, is amended to include domestic partner.

§ 26. Section 13-379 of the administrative code of the city of New York is amended to include domestic partner.

§ 27. Paragraph 1 of subdivision d of section 13-380 of the administra- tive code of the city of New York is amended to include domestic part- ner.

§ 28. Subdivision f of section 13-380 of the administrative code of the city of New York is amended to include surviving domestic partners and spouses as beneficiaries in case of death of any member of the fire department or leave of absence for the military during his or her service.

§ 29. Paragraphs 1,2 and 3 of subdivision b of section 13-544 of the administrative code of the city of New York are amended to include domestic partner.

§ 30. Subdivision c of section 13-565 of the administrative code of the city of New York is amended to include domestic partner where such nomi- nated beneficiary is a spouse of the retired member.

§ 31. Subdivision g of section 13-696 of the administrative code of the city of New York, as added by chapter 125 of the laws of 2000, is amended to include domestic partners or the surviving spouse as benefi- ciaries of the benefits from the deceased retired member of the New York

city employees' retirement system, the New York city fire department pension fund or the New York city board of education retirement system.

§32. Subdivision 7 of section 501 of the retirement and social security law, as amended by chapter 408 of the laws of2000, is amended to include domestic partner.

§ 33. Subdivision a of section 514 of the retirement and social security law, as amended by chapter 592 of the laws of 1992, is amended to include domestic partners within the term "spouse" as defined in subdi- vision 1-112 of the administrative code of the city of New York, to select an option on behalf of such member if she or he is incompetent.

§ 34. Subdivision c of section 514 of the retirement and social security law, as added by chapter 890 of the laws of 1976, is amended include domestic partner.

§ 35. Paragraph 1 of subdivision d of section 601 of the retirement and social security law, as amended by chapter 408 of the laws of 2000 is amended to include surviving domestic partner.

§ 36. Subdivision b of section 610 of the retirement and social security law, as added by chapter 414 of the laws of 1983, is amended to include domestic partner as a surviving beneficiary.

§ 37. Section 2575 of the education law is amended by adding a new subdivision 26 to include surviving domestic partner.

§ 38. This act shall take effect immediately enclosed with the fiscal note.

Justification

Members serving in uniform services frequently find that their jobs put them at greater risk than the average public employee. Therefore, socie- ty has deemed it appropriate that their surviving family is financial assisted in the event that they die in the line of duty. For those members of uniformed services who are in Domestic Partnerships, their surviving domestic partner and surviving children are in no way provided with the same accidental death benefits as other line of duty officers.

In the post 9/11 legislation that was specific to the World Trade Center attack, this glaring inequity was addressed for those unfortunate line of duty officers and their domestic partners. This inequity needs to be remedied on a permanent basis.

This unfairness is all the more glaring because public employees in New York City and New York State have access to recognition as domestic partnerships for other benefits. It is only in this area that this inap- propriate inequity exists.

Prior legislative history

2007-08: A10895 Referred to Government Employees

Fiscal implications

Fiscal Note, dated March 24, 2010 was prepared by the Chief Actuary for the New York City Employees' Retirement System, the New York City Teach- ers' Retirement System, the New York City Board of Education Retirement System, the New York City Police Pension Fund and the New York City Fire Pension Fund is included in bill language.

Effective date

This act shall take effect immediately; provided that the amendments made by sections three, six, seven, ten, eleven, thirteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-four, twenty-seven, twen- ty-eight, twenty-nine, thirty-two, thirty five, and thirty-seven of this act shall be applicable to the death of any member which occurs on or after the effective date of this act; provided, however, that the amend- ments to sections 501, 514, 601 and 610 of the retirement and social security law made by sections thirty-two, thirty-three, thirty-four, thirty-five and thirty-six of this act shall expire on the same date as such sections expire and shall not affect the expiration of such sections as provided in section 615 of such law.