What's happening
This bill prohibits individuals who have abandoned their spouse or domestic partner from claiming any portion of that person's pension.
Why it matters
Discourages abandonment in relationships. By barring individuals who abandon their spouse or domestic partner from receiving any part of that person's pension, the bill creates a financial disincentive to leave a relationship without cause, potentially encouraging more responsible behavior in marriages and partnerships.
Protects the financial security of abandoned spouses. The legislation ensures that individuals who are left by their partner retain full rights to their own pension, preventing an abandoning spouse from benefiting financially after leaving.
Clarifies exceptions for support obligations. The bill explicitly states that it does not interfere with court orders for child support or spousal maintenance, meaning pension funds can still be used to fulfill these obligations, protecting the interests of children and dependents even if abandonment has occurred.
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Who cares
Headline styles
No Pensions for Abandoners
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
1 Multi-sponsor
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1331
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
Introduced by M. of A. PERRY, COLTON -- Multi-Sponsored by -- M. of A. JAFFEE -- read once and referred to the Committee on Judiciary
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The domestic relations law is amended by adding a new section 212 to read as follows:
§ 212. Abandonment; bar to pension collection. (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 or domestic partner by any public or private employer.
(b) Nothing in this section shall be construed to bar or impede the enforcement of an order for child support or for spousal maintenance by garnishment or attachment of such pension funds or by other means.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06677-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.