Text of NY A 5165 (2010)

S T A T E O F N E W Y O R K ________________________________________________________________________ 5165--A 2009-2010 Regular Sessions I N A S S E M B L Y February 10, 2009 ___________ Introduced by M. of A. GLICK, O'DONNELL, HOYT, PERALTA, N. RIVERA -- Multi-Sponsored by -- M. of A. BING, BRENNAN, CAHILL, COLTON, DINOW- ITZ, ESPAILLAT, GOTTFRIED, JOHN, KELLNER, LIFTON, V. LOPEZ, McENENY, ORTIZ, PAULIN, PHEFFER, TOWNS -- read once and referred to the Commit- tee on Governmental Employees -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general municipal law and the retirement and social security law, in relation to providing accidental death benefits to domestic partners and the children of domestic partners in the case of certain members THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivisions 3 and 4 of section 208-b of the general munic- 2 ipal law, as added by chapter 882 of the laws of 1958, are amended and a 3 new subdivision 6 is added to read as follows: 4 3. The death benefit shall be paid to: 5 a. The member's widow OR HIS OR HER DOMESTIC PARTNER, or if he OR SHE 6 shall leave no widow OR WIDOWER, OR DOMESTIC PARTNER, or if his OR HER 7 widow OR WIDOWER, OR DOMESTIC PARTNER shall die before receiving the 8 total of the amounts provided in subdivision two [hereof] OF THIS 9 SECTION, then to 10 b. His OR HER child or children, INCLUDING THE DEPENDENT CHILD OR 11 CHILDREN OF HIS OR HER DOMESTIC PARTNER, under age eighteen, in equal 12 amounts. 13 4. Application for death benefit shall be made: 14 a. By the member's widow OR WIDOWER, OR DOMESTIC PARTNER. 15 b. By any of his OR HER children, INCLUDING THE DEPENDENT CHILD OR 16 CHILDREN OF HIS OR HER DOMESTIC PARTNER. 17 c. By any person in behalf of the widow OR WIDOWER, DOMESTIC PARTNER 18 or children. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04493-03-0 A. 5165--A 2 1 6. FOR PURPOSES OF THIS SECTION ONLY, "DOMESTIC PARTNER" MEANS A 2 PERSON WHO, WITH RESPECT TO ANOTHER PERSON: 3 A. IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION- 4 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE 5 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS- 6 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY 7 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY, 8 OR FOREIGN JURISDICTION; OR 9 B. IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER THE 10 OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR 11 C. IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR 12 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A 13 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO: 14 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON 15 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON; 16 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH A 17 OR B OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP OF 18 THE PERSONS. 19 S 2. Section 208-f of the general municipal law is amended by adding 20 two new subdivisions j and k to read as follows: 21 J. FOR THE PURPOSES OF THIS SECTION, WHERE ALL REQUIREMENTS OF THIS 22 SECTION HAVE BEEN MET FOR THE PAYMENT OF SPECIAL ACCIDENTAL DEATH BENE- 23 FIT PURSUANT TO THIS SECTION BASED ON THE DEATH OF (1) A DECEASED MEMBER 24 OF A PENSION OR RETIREMENT SYSTEM OF A POLICE DEPARTMENT OR PAID FIRE 25 DEPARTMENT OF A CITY (OUTSIDE THE CITY OF NEW YORK), TOWN OR VILLAGE; 26 (2) A DECEASED PAID UNIFORMED MEMBER OF A COUNTY SHERIFF'S DEPARTMENT 27 (OUTSIDE THE CITY OF NEW YORK); OR (3) A DECEASED EMPLOYEE (OUTSIDE THE 28 CITY OF NEW YORK) IN A TITLE WHOSE DUTIES REQUIRE THE SUPERVISION OF 29 EMPLOYEES WHOSE DUTIES ARE THOSE OF AN EMERGENCY MEDICAL TECHNICIAN OR 30 ADVANCED EMERGENCY MEDICAL TECHNICIAN (AS THOSE TERMS ARE DEFINED IN 31 SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW), THE TERMS "WIDOW" 32 AND "WIDOWER", AS USED IN THIS SECTION, SHALL BE DEEMED TO INCLUDE THE 33 SURVIVING DOMESTIC PARTNER AND THE TERM "DECEASED MEMBER'S CHILDREN" 34 SHALL BE DEEMED TO INCLUDE THE DEPENDENT CHILD OR CHILDREN OF HIS OR HER 35 DOMESTIC PARTNER. 36 K. FOR PURPOSES OF THIS SECTION ONLY, "DOMESTIC PARTNER" MEANS A 37 PERSON WHO, WITH RESPECT TO ANOTHER PERSON: 38 1. IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION- 39 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE 40 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS- 41 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY 42 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY, 43 OR FOREIGN JURISDICTION; OR 44 2. IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER THE 45 OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR 46 3. IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR 47 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A 48 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO: 49 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON 50 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON; 51 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH ONE 52 OR TWO OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP 53 OF THE PERSONS. 54 S 3. Paragraphs 1 and 2 of subdivision d of section 361 of the retire- 55 ment and social security law, as amended by chapter 733 of the laws of 56 1990, are amended to read as follows: A. 5165--A 3 1 1. The member's widow or widower, OR DOMESTIC PARTNER, to continue 2 during his or her lifetime. If he or she shall leave no widow or widow- 3 er OR DOMESTIC PARTNER, or if his or her widow or widower OR DOMESTIC 4 PARTNER shall die before all his or her children, INCLUDING THE DEPEND- 5 ENT CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER, shall have 6 attained age eighteen, or if students, before all of his or her 7 children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF HIS OR HER DOMES- 8 TIC PARTNER, shall have attained age twenty-three, or sooner die, then 9 to 10 2. His or her child or children, INCLUDING THE DEPENDENT CHILD OR 11 CHILDREN OF HIS OR HER DOMESTIC PARTNER, under age eighteen, or, if 12 students, his or her children under age twenty-three, divided in such 13 manner as the comptroller, in his discretion, shall determine. Such 14 pension shall continue as a joint and survivor pension until every such 15 child shall have attained age eighteen, or, if a student, shall have 16 attained age twenty-three, or sooner die. If no widow or widower OR 17 DOMESTIC PARTNER or child under age eighteen, or, if a student, under 18 age twenty-three, shall survive such member, at the time of his or her 19 death, then to 20 S 4. Subdivision d of section 361 of the retirement and social securi- 21 ty law is amended by adding a new undesignated paragraph to read as 22 follows: 23 FOR PURPOSES OF THIS SUBDIVISION ONLY, "DOMESTIC PARTNER" MEANS A 24 PERSON WHO, WITH RESPECT TO ANOTHER PERSON: 25 (I) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION- 26 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE 27 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS- 28 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY 29 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY, 30 OR FOREIGN JURISDICTION; OR 31 (II) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER 32 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR 33 (III) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR 34 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A 35 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO: 36 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON 37 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON; 38 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER SUBPARAGRAPH 39 (I) OR (II) OF THIS PARAGRAPH; OR THE LENGTH OF THE PERSONAL RELATION- 40 SHIP OF THE PERSONS. 41 S 5. The opening paragraph of subdivision a, the opening paragraph of 42 subdivision b, the opening paragraph of subdivision c and subdivision e 43 of section 361-a of the retirement and social security law, the opening 44 paragraph of subdivision a, the opening paragraph of subdivision b and 45 subdivision e as amended by chapter 733 of the laws of 1990 and the 46 opening paragraph of subdivision c as amended by chapter 305 of the laws 47 of 2009, are amended and a new subdivision g is added to read as 48 follows: 49 Notwithstanding any other provision of law, a widow or widower, OR 50 DOMESTIC PARTNER, or the deceased member's children, INCLUDING THE 51 DEPENDENT CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER, under the 52 age of eighteen or, if a student, under the age of twenty-three, if the 53 widow or widower OR DOMESTIC PARTNER has died who is or are receiving 54 the accidental death benefit provided by section three hundred sixty-one 55 of this [chapter] TITLE, shall also be paid the special accidental death 56 benefit authorized by this section. A. 5165--A 4 1 The special accidental death benefit shall be payable from the pension 2 accumulation fund, and shall consist of a pension which is equal to the 3 salary of the deceased member reduced by the sum of each of the follow- 4 ing benefits received by the widow or widower OR DOMESTIC PARTNER or the 5 deceased member's children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF 6 HIS OR HER DOMESTIC PARTNER, under the age of eighteen or, if a student, 7 under the age of twenty-three, if the widow or widower OR DOMESTIC PART- 8 NER has died, on account of the death of the deceased member: 9 [Commencing July first, two thousand nine the] THE special accidental 10 death benefit paid to a widow or widower OR DOMESTIC PARTNER or the 11 deceased member's children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF 12 HIS OR HER DOMESTIC PARTNER, under the age of eighteen or, if a student, 13 under the age of twenty-three, if the widow or widower OR DOMESTIC PART- 14 NER has died, shall be escalated by adding thereto an additional 15 percentage of the salary of the deceased member, as increased pursuant 16 to subdivision b of this section, in accordance with the following sche- 17 dule: 18 e. The special accidental death benefit shall be paid to: 19 1. The member's widow or widower OR DOMESTIC PARTNER to continue 20 during his or her lifetime. If he or she shall leave no widow or widow- 21 er OR DOMESTIC PARTNER, or if his or her widow or widower OR DOMESTIC 22 PARTNER shall die before all his or her children, INCLUDING THE DEPEND- 23 ENT CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER, shall have 24 attained age eighteen or, if a student, shall have attained the age of 25 twenty-three or sooner die, then to 26 2. His or her child or children, INCLUDING THE DEPENDENT CHILD OR 27 CHILDREN OF HIS OR HER DOMESTIC PARTNER, under age eighteen or, if a 28 student, under the age of twenty-three, divided in such manner as the 29 comptroller, in his OR HER discretion, shall determine. Such pension 30 shall continue in the same amount as received by the member's widow or 31 widower OR DOMESTIC PARTNER as a joint and survivor pension until every 32 such child shall have attained age eighteen or, if a student, attained 33 the age of twenty-three or sooner die. 34 G. FOR PURPOSES OF THIS SECTION ONLY, "DOMESTIC PARTNER" MEANS A 35 PERSON WHO, WITH RESPECT TO ANOTHER PERSON: 36 1. IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION- 37 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE 38 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS- 39 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY 40 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY, 41 OR FOREIGN JURISDICTION; OR 42 2. IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER THE 43 OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR 44 3. IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR 45 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A 46 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO: 47 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON 48 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON; 49 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH ONE 50 OR TWO OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP 51 OF THE PERSONS. 52 S 6. Paragraphs 1 and 2 of subdivision d of section 61 of the retire- 53 ment and social security law, as amended by chapter 141 of the laws of 54 1977, are amended and a new subdivision e is added to read as follows: 55 1. The member's widow or widower to continue during his or her widow- 56 hood. If he or she shall leave no widow or widower, or if his or her A. 5165--A 5 1 widow or widower shall die or [remarry] ENTER INTO A MARRIAGE OR REMAR- 2 RIAGE, OR ENTER INTO ANOTHER DOMESTIC PARTNERSHIP RELATIONSHIP, before 3 all his or her children, INCLUDING THE DEPENDENT CHILD OR CHILDREN OF 4 HIS OR HER DOMESTIC PARTNER, shall have attained age eighteen or sooner 5 die, then to 6 2. His or her child or children, INCLUDING THE DEPENDENT CHILD OR 7 CHILDREN OF HIS OR HER DOMESTIC PARTNER, under age eighteen, divided in 8 such manner as the comptroller, in his discretion, shall determine. Such 9 pension shall continue as a joint and survivor pension until every such 10 child shall have attained age eighteen or sooner die. If no widow or 11 widower or child under age eighteen shall survive such member, at the 12 time of his or her death, then to 13 E. FOR PURPOSES OF THIS SECTION ONLY, THE TERM WIDOW OR WIDOWER SHALL 14 INCLUDE A SURVIVING DOMESTIC PARTNER AND THE PENSION ON ACCOUNT OF ACCI- 15 DENTAL DEATH AND THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY SHALL BE 16 PAY-ABLE TO SUCH SURVIVING DOMESTIC PARTNER IN THE SAME FORM AND MANNER. 17 THE TERM "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT TO 18 ANOTHER PERSON: 19 1. IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION- 20 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE 21 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS- 22 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY 23 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY, 24 OR FOREIGN JURISDICTION; OR 25 2. IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER THE 26 OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR 27 3. IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR 28 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A 29 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO: 30 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON 31 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON; 32 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH ONE 33 OR TWO OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP 34 OF THE PERSONS. 35 S 7. Subdivision 7 of section 501 of the retirement and social securi- 36 ty law, as amended by chapter 408 of the laws of 2000, is amended and a 37 new subdivision 25 is added to read as follows: 38 7. "Eligible beneficiary" for the purposes of section five hundred 39 nine of this article shall mean the following persons or classes of 40 persons in the order set forth: (a) a surviving spouse OR DOMESTIC PART- 41 NER who has not renounced survivorship rights in a separation agreement, 42 OR until MARRIAGE OR remarriage, OR UNTIL SUCH SURVIVING DOMESTIC PART- 43 NER ENTERS INTO ANOTHER DOMESTIC PARTNERSHIP RELATIONSHIP, (b) surviving 44 children until age twenty-five, INCLUDING THE DEPENDENT CHILD OR CHIL- 45 DREN OF HIS OR HER DOMESTIC PARTNER, (c) dependent parents, determined 46 under regulations promulgated by the comptroller, (d) any other person 47 who qualified as a dependent on the final federal income tax return of 48 the member or the return filed in the year immediately preceding the 49 year of death, until such person reaches twenty-one years of age and (e) 50 with respect to members of the New York city employees' retirement 51 system and the board of education retirement system of the city of New 52 York, a person whom the member shall have nominated in the form of a 53 written designation, duly acknowledged and filed with the head of the 54 retirement system for the purpose of section five hundred eight of this 55 article. In the event that a class of eligible beneficiaries consists of 56 more than one person, benefits shall be divided equally among the A. 5165--A 6 1 persons in such class. For the purposes of section five hundred eight OF 2 THIS ARTICLE the term "eligible beneficiary" shall mean such person as 3 the member shall have nominated to receive the benefits provided in this 4 article. To be effective, such a nomination must be in the form of a 5 written designation, duly acknowledged and filed with the head of the 6 retirement system for this specific purpose. In the event such desig- 7 nated beneficiary does not survive him OR HER, or if he OR SHE shall not 8 have so designated a beneficiary, such benefits shall be payable to the 9 deceased member's estate or as provided in section one thousand three 10 hundred ten of the surrogate's court procedure act. 11 25. "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT TO ANOTH- 12 ER PERSON, WHEN SUCH OTHER PERSON IS NOT A MEMBER OF A PUBLIC RETIREMENT 13 SYSTEM OR PENSION FUND IN A CITY OF ONE MILLION OR MORE UNDER PARAGRAPH 14 ONE OF SUBDIVISION B OF SECTION FIVE HUNDRED OF THIS ARTICLE: 15 (A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION- 16 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE 17 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS- 18 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY 19 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY, 20 OR FOREIGN JURISDICTION; OR 21 (B) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER 22 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR 23 (C) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR 24 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A 25 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO: 26 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON 27 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON; 28 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH (A) 29 OR (B) OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP 30 OF THE PERSONS. 31 S 8. Subdivision d of section 601 of the retirement and social securi- 32 ty law, as amended by chapter 408 of the laws of 2000, is amended and a 33 new subdivision m is added to read as follows: 34 d. "Eligible beneficiary" for the purposes of section six hundred 35 seven of this article shall mean the following persons or classes of 36 persons in the order set forth: 37 1. A surviving spouse OR DOMESTIC PARTNER who has not renounced survi- 38 vorship rights in a separation agreement, OR until MARRIAGE OR remar- 39 riage, OR UNTIL SUCH SURVIVING DOMESTIC PARTNER ENTERS INTO ANOTHER 40 DOMESTIC PARTNERSHIP RELATIONSHIP; 41 2. Surviving children until age twenty-five, INCLUDING THE DEPENDENT 42 CHILD OR CHILDREN OF HIS OR HER DOMESTIC PARTNER; 43 3. Dependent parents, determined under regulations promulgated by the 44 head of the retirement system; 45 4. Any other person who qualified as a dependent on the final federal 46 income tax return of the member or the return filed in the year imme- 47 diately preceding the year of death, until such person reaches twenty- 48 one years of age. In the event that a class of eligible beneficiaries 49 consists of more than one person, benefits shall be divided equally 50 among the persons in such class; and 51 5. With respect to members of the New York city employees' retirement 52 system or the board of education employees' retirement system of the 53 city of New York only, a person or persons whom the member shall have 54 nominated in the form of a written designation, duly acknowledged and 55 filed with the head of the retirement system for the purpose of section 56 six hundred six of this article. A. 5165--A 7 1 M. "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT TO ANOTHER 2 PERSON, WHEN SUCH OTHER PERSON IS NOT A MEMBER OF A PUBLIC RETIREMENT 3 SYSTEM OR PENSION FUND IN A CITY OF ONE MILLION OR MORE: 4 1. IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION- 5 SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE 6 UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS- 7 TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY 8 MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY, 9 OR FOREIGN JURISDICTION; OR 10 2. IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER THE 11 OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR 12 3. IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR 13 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A 14 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO: 15 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON 16 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON; 17 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH ONE 18 OR TWO OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP 19 OF THE PERSONS. 20 S 9. This act shall take effect immediately and shall apply only to 21 members who become deceased on or after the effective date of this act. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would amend the Retirement and Social Security Law and the general municipal law in relation to accidental death benefits for members of certain public retirement systems in New York State. It would grant accidental death benefits to domestic partners and dependent chil- dren of domestic partners. If this bill is enacted, insofar as it affects the New York State and Local Employees Retirement System (ERS) and the New York State and Local Police and Fire Retirement System (PFRS), it could lead to more deaths being classified as "accidental", since it expands the definition of beneficiaries eligible for accidental deaths. For each death newly clas- sified as accidental due to this bill, the cost would depend on the age, service, salary and plan of the affected member. It is estimated that there could be per person one-time costs of approximately three (3) times salary for members in the ERS, and twelve (12) times salary for members in the PFRS. These costs would be borne by the State of New York and all the participating employers in the ERS and the PFRS. This estimate, dated March 3, 2010, and intended for use only during the 2010 Legislative Session, is Fiscal Note No. 2010-118 prepared by the Actuary for the New York State and Local Employees' Retirement System and the New York State and Local Police and Fire Retirement System.