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S4062Senate2019-2020 SessionSame asA6841

Deny Benefits for Abusers

Official title

“Relates to forfeiture of a beneficiary's right to benefits upon conviction of domestic violence offense”

Sponsor David CarlucciSD-38+1 co-sponsorAffects Finance
Status
In Senate Committee
Civil Service And Pensions
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Civil Service And Pensions

What's happening

This bill allows for the forfeiture of retirement benefits for beneficiaries convicted of domestic violence offenses against the member, with possible reinstatement by written request.

Why it matters

  1. Targets a range of domestic violence-related offenses. The bill covers numerous criminal convictions—including harassment, stalking, assault, sexual misconduct, and more—ensuring that a broad scope of abusive behavior could trigger forfeiture of retirement benefits for beneficiaries.

  2. Directly ties consequences to the relationship. Forfeiture only applies when the victim of the crime is the retirement account holder (the member), making the law specifically focused on protecting members from abuse by their designated beneficiaries.

  3. Empowers members with reinstatement authority. Even after forfeiture due to a beneficiary’s conviction, the member retains the right to reinstate that beneficiary by submitting a written request, giving the member final say based on personal circumstances.

  4. Acts as a deterrent and offers accountability. By attaching financial consequences to criminal behavior, the bill may deter potential abusers and holds beneficiaries accountable for domestic violence offenses against the member.

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Who cares

Headline styles

Deny Benefits for Abusers

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
David Carlucci

Senator · Senate District 38

Chair, Mental Health And Developmental Disabilities

1 Co-sponsor

History

  1. Referred to civil service and pensions
  2. Referred to civil service and pensions

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.

A6841Assembly

Strip Benefits from Abusers

In Assembly Committee · Governmental Employees · Sponsor Karines Reyes

Impact 5 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4062

2019-2020 Regular Sessions

IN SENATE

February 26, 2019

Introduced by Sen. CARLUCCI -- 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, in relation to forfeiture of a beneficiary's right to benefits upon conviction of a domestic violence offense

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The retirement and social security law is amended by adding a new section 111-b to read as follows:

§ 111-b. Beneficiary forfeiture. a. A beneficiary convicted of harassment in the first degree, harassment in the second degree, aggravated harassment in the second degree, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in subdivision one of section 130.60 of the penal law, stalking in the first degree, stalking in the second degree, stalking in the third degree, stalking in the fourth degree, criminal mischief, menacing in the second degree, menacing in the third degree, reckless endangerment, strangulation in the first degree, strangulation in the second degree, criminal obstruction of breathing or blood circulation, assault in the second degree, assault in the third degree, attempted assault, coercion in the third degree as set forth in subdivisions one, two and three of section 135.60 of the penal law, except if such individual would not be criminally responsible by reason of age pursuant to section 30.00 of the penal law, where the victim of such crime is the member for which he or she is a beneficiary, shall be subject to forfeiture of any benefits under this article.

b. Notwithstanding subdivision a of this section, a member may reinstate the status of a beneficiary subject to forfeiture under such subdivision by filing a written request to that effect with the state comptroller.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02648-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the retirement and social security law, in relation to forfeiture of a beneficiary's right to benefits upon conviction of a domestic violence offense

Purpose

This bill prohibits someone convicted of a domestic violence offense from receiving any benefits, including Social Security and pensions, from the person to whom they committed the offense.

Summary of provisions

Section 1 adds a new section 111-b to the retirement and social security law stating a beneficiary convicted of enumerated domestic violence offenses, where the victim of such crime is the member for which he or she is a beneficiary, shall be subject to forfeiture of any benefits under this article.

Section 2 is the effective date.

Justification

There have been numerous occasions where a person convicted of a domes- tic violence offense was able to collect benefits, such as a pension or Individual Retirement Account,from the person they abused. This prac- tice of rewarding the abuser for the wrongdoing committed to the victim is simply inconsistent to providing true justice in New York State.

Legislative history

New Legislation

Fiscal implications

None to 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.