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S5588Senate2009-2010 SessionSame asA8378

Grants an exemption to provisions prohibiting transfer of any retirement plan upon commencement of matrimonial action when benefits are being paid under such plan

Sponsor John L. SampsonSD-19Affects Legal
Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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Who cares

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Sponsors

Primary sponsor
John L. Sampson

Senator · Senate District 19

No co-sponsors yet.

History

  1. Signed chap.32
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading cal.580
  6. Substituted for A8378A
  7. Referred to judiciary
  8. Delivered to assembly
  9. Passed senateVote 61–0
  10. Advanced to third reading
  11. 2nd report cal.
  12. 1st report cal.55
Show 8 earlier actions
  1. Print number 5588a
  2. Amend and recommit to judiciary
  3. Referred to judiciary
  4. Committed to rules
  5. Advanced to third reading
  6. 2nd report cal.
  7. 1st report cal.530
  8. Referred to judiciary

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the domestic relations law, in relation to the use of the proceeds of a retirement plan after the commencement of a matrimonial action

Purpose of bill

This bill makes a correction to Ch. 72 '09, by permitting either party to a matrimonial action to continue receiving payments from a retirement plan, where such party is already in pay status at the time when the automatic orders preventing dissipation of funds would otherwise take effect.

Summary of provisions

Section 1 amends subparagraph 2 of paragraph b of subdivision 2 of part B section 236 of the domestic relations law, as added by Ch. 72 '09 by exempting either party to a matrimonial action from the automatic order provision relating to retirement accounts, where such party is already in pay status so that such party may continue to receive the retirement payments that he or she was previously receiving.

Justification

This bill clarifies that those who are already retired and are receiving payments from a retirement plan, can continue to receive such payments.

Legislative history

2009 - Ch. Amend to A.2574/S.2970.

Fiscal implications for state and local governments

None.

Effective date

The law shall take effect immediately and shall be deemed to have been in full force and effect on and after September 1, 2009.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.