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History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Prohibits a person who has abandoned his or her spouse or domestic partner from collecting any portion of the spouse's or domestic partner's pension
In Assembly Committee · Judiciary · Sponsor N. Nick Perry
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 prohibiting a person who has abandoned his or her spouse from collecting any portion of the spouse's pension
Purpose or general idea of bill
To prevent a person who has abandoned his or her spouse from claiming or collecting any portion of a pension owed to such a spouse by any public or private employer.
Summary of specific provisions
This bill amends the domestic relations law by adding section 212 Abandonment; bar to pension collection to read as follows: (a) Notwithstanding any provision of law to the contrary, a person who has abandoned his or her spouse or domestic partner shall be barred from claiming or collecting, as part of a distributive award, any portion of a pension owed to such spouse by any public or private employer.
(b) Nothing in this section shall be construed to bar or impede the enforcement of an order of child support or for spousal maintenance by garnishment or attachment of such pension funds or by other means.
Justification
Under New York State Estate Powers & Trust Law (EPTL) a person who abandons his or her spouse forfeits his right to that spouse's estate. The law, however, does not prevent a spouse who has willfully abandoned his or her spouse from collecting a portion of that spouse's pension. This legislation addresses the current law which does not protect spouses from losing a portion of their pension to absentee spouses. Under this legislation a spouse who has willfully abandoned his spouse forfeits his or her right to collect or claim any portion of that spouse's pension.
Prior legislative history
None - new legislation.
Fiscal implications
None to the State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.