Text of NY A 9080 (2010)

S T A T E O F N E W Y O R K ________________________________________________________________________ 9080--A 2009-2010 Regular Sessions I N A S S E M B L Y July 27, 2009 ___________ Introduced by M. of A. GLICK -- read once and referred to the Committee on Governmental Employees -- recommitted to the Committee on Govern- mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the administrative code of the city of New York, the general municipal law, the retirement and social security law and the education law, in relation to providing certain benefits and rights to domestic partners of members of the New York city employees' retire- ment system, the New York city police pension fund, subchapter two, the New York city fire department pension fund, subchapter two, the New York city teachers' retirement system and the board of education retirement system of the city of New York THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 21 of section 1-112 of the administrative code 2 of the city of New York, as added by local law number 27 of the city of 3 New York for the year 1998, is amended to read as follows: 4 21. The term "domestic partner" shall mean [persons who have] a PERSON 5 WHO, WITH RESPECT TO ANOTHER PERSON: 6 (A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION- 7 SHIP WITH ANOTHER PERSON AND IS registered AS A domestic partnership 8 pursuant to section 3-240 of [the administrative] THIS code, a domestic 9 partnership registered in accordance with executive order number 123, 10 dated August 7, 1989, or a domestic partnership registered in accordance 11 with executive order number 48, dated January 7, 1993[.]; OR 12 (B) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER 13 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR 14 (C) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR 15 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A 16 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08226-04-0 A. 9080--A 2 1 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON 2 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON; 3 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH (A) 4 OR (B) OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP 5 OF THE PERSONS. 6 S 2. Subdivision a of section 3-240 of the administrative code of the 7 city of New York, as amended by local law number 24 of the city of New 8 York for the year 2002, is amended to read as follows: 9 a. "Domestic partners" shall mean A PERSON, WITH RESPECT TO ANOTHER 10 PERSON: 11 1. IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION- 12 SHIP AND SUCH persons [who] have a registered domestic partnership, 13 which shall include any partnership registered pursuant to this chapter, 14 any partnership registered in accordance with executive order number 15 123, dated August 7, 1989, and any partnership registered in accordance 16 with executive order number 48, dated January 7, 1993, and persons who 17 are members of a marriage that is not recognized by the state of New 18 York, domestic partnership, or civil union, lawfully entered into in 19 another jurisdiction[. Nothing]; PROVIDED THAT NOTHING in this code 20 shall affect a partnership that has been registered pursuant to either 21 such executive order and has not been terminated in accordance with such 22 executive orders or this chapter[.]; OR 23 2. IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER THE 24 OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR 25 3. IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR 26 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A 27 MUTUAL INTENT TO BE DOMESTIC PARTNERS INCLUDING BUT NOT LIMITED TO: 28 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON 29 HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON; 30 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH ONE 31 OR TWO OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATIONSHIP 32 OF THE PERSONS. 33 S 3. Section 208-f of the general municipal law is amended by adding a 34 new subdivision j to read as follows: 35 J. FOR THE PURPOSES OF THIS SECTION, WHERE ALL OTHER REQUIREMENTS OF 36 THIS SECTION HAVE BEEN MET FOR THE PAYMENT OF A SPECIAL ACCIDENTAL DEATH 37 BENEFIT PURSUANT TO THIS SECTION BASED ON THE DEATH OF (I) A MEMBER OF 38 THE NEW YORK CITY POLICE PENSION FUND, SUBCHAPTER TWO; (II) A MEMBER OF 39 THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND, SUBCHAPTER TWO; (III) A 40 PAID MEMBER OF THE UNIFORMED CORRECTION FORCE OF THE NEW YORK CITY 41 DEPARTMENT OF CORRECTION; (IV) AN EMPLOYEE OF THE CITY OF NEW YORK OR 42 THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION IN A TITLE WHOSE 43 DUTIES ARE THOSE OF AN EMERGENCY MEDICAL TECHNICIAN OR ADVANCED EMERGEN- 44 CY MEDICAL TECHNICIAN, AS THOSE TERMS ARE DEFINED IN SECTION THREE THOU- 45 SAND ONE OF THE PUBLIC HEALTH LAW, OR IN A TITLE WHOSE DUTIES REQUIRE 46 THE SUPERVISION OF EMPLOYEES WHOSE DUTIES ARE THOSE OF AN EMERGENCY 47 MEDICAL TECHNICIAN OR ADVANCED EMERGENCY MEDICAL TECHNICIAN, AS THOSE 48 TERMS ARE DEFINED IN SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH 49 LAW; OR (V) A PAID BRIDGE AND TUNNEL MEMBER OF THE NEW YORK CITY EMPLOY- 50 EES' RETIREMENT SYSTEM, THE TERMS "WIDOW" AND "WIDOWER", AS USED IN THIS 51 SECTION, SHALL BE DEEMED TO INCLUDE THE SURVIVING DOMESTIC PARTNER, AS 52 DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION 1-112 OF THE ADMINISTRATIVE 53 CODE OF THE CITY OF NEW YORK OF SUCH A DECEASED MEMBER. 54 S 4. Section 12-125 of the administrative code of the city of New 55 York, as amended by chapter 834 of the laws of 1987, is amended to read 56 as follows: A. 9080--A 3 1 S 12-125 Retired employees; change of options. Notwithstanding any 2 other law to the contrary, no beneficiary shall be permitted to change 3 any optional selection after it has become effective, provided, however, 4 that if: 5 (a) a retired member nominates the spouse OR DOMESTIC PARTNER of such 6 member as the survivor beneficiary under option two or three of section 7 13-177 of [the] THIS code, or if a retired member nominates the spouse 8 OR DOMESTIC PARTNER of such member under option four of such section to 9 receive payment of an annual benefit as a survivor; and 10 (b) such person so nominated, IN THE CASE OF A SPOUSE OF SUCH MEMBER, 11 ceases by causes other than death to be his or her spouse or is sepa- 12 rated from such spouse, OR SUCH PERSON SO NOMINATED, IN THE CASE OF A 13 DOMESTIC PARTNER OF SUCH MEMBER, CEASES BY CAUSES OTHER THAN DEATH TO BE 14 HIS OR HER DOMESTIC PARTNER PURSUANT TO APPLICABLE LAW; then the board 15 of trustees shall have authority to permit the change of the optional 16 benefit to the maximum benefit that is the actuarial equivalent by and 17 with the consent of all parties. 18 S 5. Subdivision 67 of section 13-101 of the administrative code of 19 the city of New York is amended to read as follows: 20 67. "Authorized representative". The husband or wife OR DOMESTIC PART- 21 NER of an incompetent member or incompetent beneficiary, or if there be 22 no husband or wife OR DOMESTIC PARTNER of such an incompetent, the 23 committee of his or her estate. 24 S 6. Subdivision a of section 13-149 of the administrative code of the 25 city of New York, paragraph 3 as amended and paragraph 4 as added by 26 chapter 408 of the laws of 2000, is amended to read as follows: 27 a. Except as otherwise provided in subdivision b of this section, upon 28 the accidental death of a member before retirement, provided that 29 evidence shall be submitted to such board proving that the death of such 30 member was the natural and proximate result of an accident sustained 31 while a member and while in the performance of duty at some definite 32 time and place and that such death was not the result of wilful negli- 33 gence on his or her part, such member's accumulated deductions, if any, 34 shall be paid to his or her estate, or to such persons as he or she has 35 nominated or shall nominate by written designation, duly acknowledged 36 and filed with such board. Upon application by or on behalf of the 37 dependents of such deceased member, such board shall grant a lump sum 38 payment of the reserve-for-increased-take-home-pay and a pension of 39 one-half of the final compensation of such employee: 40 1. To his or her surviving spouse OR SURVIVING DOMESTIC PARTNER, to 41 continue until the [death or remarriage of] surviving spouse DIES, 42 REMARRIES OR ENTERS INTO A DOMESTIC PARTNERSHIP WITHIN THE MEANING OF 43 SUBDIVISION A OF SECTION 3-240 OF THIS CODE, OR UNTIL THE SURVIVING 44 DOMESTIC PARTNER DIES, MARRIES OR ENTERS INTO A SUBSEQUENT DOMESTIC 45 PARTNERSHIP WITHIN THE MEANING OF SUBDIVISION A OF SECTION 3-240 OF THIS 46 CODE; or 47 2. If there be no surviving spouse OR SURVIVING DOMESTIC PARTNER, or 48 if the surviving spouse dies [or], remarries OR ENTERS INTO A DOMESTIC 49 PARTNERSHIP WITHIN THE MEANING OF SUBDIVISION A OF SECTION 3-240 OF THIS 50 CODE, OR THE SURVIVING DOMESTIC PARTNER DIES, MARRIES OR ENTERS INTO A 51 SUBSEQUENT DOMESTIC PARTNERSHIP WITHIN THE MEANING OF SUBDIVISION A OF 52 SECTION 3-240 OF THIS CODE before any child of such deceased member 53 shall have attained the age of eighteen years, then to his or her child 54 or children under such age, divided in such manner as such board in its 55 discretion shall determine, to continue as a joint and survivor pension A. 9080--A 4 1 of one-half of his or her final compensation until every such child dies 2 or attains such age; or 3 3. If there be no surviving spouse, SURVIVING DOMESTIC PARTNER or 4 child under the age of eighteen years surviving such deceased member, 5 then to his or her dependent father or mother, as the deceased member 6 shall have nominated by written designation duly acknowledged and filed 7 with such board; or, if there be no such nomination, then to his or her 8 dependent father or to his or her dependent mother, as such board in its 9 discretion shall direct, to continue for life; or 10 4. If there be no surviving person who is eligible to receive such 11 benefits in accordance with paragraph one, two or three of this subdivi- 12 sion, then to the person that such deceased member shall have nominated 13 by written designation duly executed and filed with such board during 14 the lifetime of the member for the purposes of section 13-148 of this 15 chapter. 16 S 7. Paragraph 2 of subdivision b of section 13-149 of the administra- 17 tive code of the city of New York, as amended by chapter 290 of the laws 18 of 2001, is amended to read as follows: 19 (2) Notwithstanding the provisions of subdivision a of this section, 20 upon the accidental death before retirement of a member who is a sanita- 21 tion member provided that evidence shall be submitted to such board 22 proving that the death of such member was the natural and proximate 23 result of an accident sustained while a member and while in the perform- 24 ance of duty at some definite time and place and that such death was not 25 the result of wilful negligence on his or her part, his or her accumu- 26 lated deductions shall be paid to his or her estate, or to such persons 27 as he or she has nominated or shall nominate by written designation, 28 duly acknowledged and filed with such board. Upon application by or on 29 behalf of the dependents of such deceased member, such board shall grant 30 a lump sum payment of the reserve-for-increased-take-home-pay and a 31 pension of one-half of such member's annual salary or compensation on 32 the date of his or her death; provided that in no case shall such 33 pension be in an amount which is less than one-half of the maximum basic 34 annual salary of sanitation workers payable as of such date of death to 35 sanitation workers employed by the department of sanitation: 36 (1) To his or her surviving spouse OR SURVIVING DOMESTIC PARTNER, to 37 continue until the death of the surviving spouse OR SURVIVING DOMESTIC 38 PARTNER; or 39 (2) If there be no surviving spouse OR SURVIVING DOMESTIC PARTNER, or 40 if the surviving spouse OR SURVIVING DOMESTIC PARTNER dies before any 41 child of such deceased member shall have attained the age of eighteen 42 years, then to his or her child or children under such age, divided in 43 such manner as such board in its discretion shall determine, to continue 44 as a joint and survivor pension in the amount hereinabove specified 45 until every such child dies or attains such age; or 46 (3) If there be no surviving spouse, SURVIVING DOMESTIC PARTNER or 47 child under the age of eighteen years surviving such deceased member, 48 then to his or her dependent father or mother, as the deceased member 49 shall have nominated by written designation duly acknowledged and filed 50 with such board; or, if there be no such nomination, then to his or her 51 dependent father or to his or her dependent mother, as such board in its 52 discretion shall direct, to continue for life. 53 S 8. Section 13-177 of the administrative code of the city of New York 54 is amended to read as follows: 55 S 13-177 Retirement; options in which retirement allowances may be 56 taken. Until the first payment on account of any benefit is made, the A. 9080--A 5 1 beneficiary, or, if such beneficiary is an incompetent, then the husband 2 or wife OR DOMESTIC PARTNER of such beneficiary or, if there be no 3 husband or wife OR DOMESTIC PARTNER, a committee of the estate, may 4 elect to receive such benefit in a retirement allowance payable through- 5 out life, or the beneficiary or the husband or wife OR DOMESTIC PARTNER 6 or committee so electing may then elect to receive the actuarial equiv- 7 alent at that time of his or her annuity, if any, his or her pension, or 8 his or her retirement allowance in a lesser annuity, if any, or a lesser 9 pension or a lesser retirement allowance, payable throughout life with 10 the provision that: 11 Option 1. a. If he or she die before he or she has received in 12 payments the present value of his or her annuity, if any, his or her 13 pension, or his or her retirement allowance, as it was at the time of 14 his or her retirement, the balance shall be paid, in the form of a lump 15 sum or the actuarial equivalent in the form of an annuity, to his or her 16 legal representatives or to such person as the beneficiary, or the 17 husband or wife OR DOMESTIC PARTNER or committee so electing, has nomi- 18 nated or shall nominate by written designation duly acknowledged and 19 filed with the board. 20 b. A retired member, or upon the death of a retired member, the person 21 nominated by him or her as his or her beneficiary, may provide by writ- 22 ten designation duly executed and filed with such board that the actuar- 23 ial equivalent of a benefit otherwise payable in a lump sum shall be 24 paid to the person designated in the form of an annuity payable in 25 installments not more than once a month. 26 Option 2. Upon his or her death, his or her annuity, if any, his or 27 her pension, or his or her retirement allowance, shall be continued 28 throughout the life of and paid to such person as the beneficiary, or 29 the husband or wife OR DOMESTIC PARTNER or committee so electing, has 30 nominated or shall nominate by written designation duly acknowledged and 31 filed with the board at the time of his or her retirement. 32 Option 3. Upon his or her death, one-half of his or her annuity, if 33 any, his or her pension, or his or her retirement allowance, shall be 34 continued throughout the life of and paid to such person as the benefi- 35 ciary, or the husband or wife OR DOMESTIC PARTNER or committee so elect- 36 ing, has nominated or shall nominate by written designation duly 37 acknowledged and filed with the board at the time of his or her retire- 38 ment. 39 Option 4. Upon his or her death, some other benefit or benefits shall 40 be paid to such other person or persons as the beneficiary, or the 41 husband or wife OR DOMESTIC PARTNER or committee so electing, has nomi- 42 nated or shall nominate, provided such other benefit or benefits, 43 together with such lesser annuity, if any, or lesser pension, or lesser 44 retirement allowance, shall be certified by the actuary of the board to 45 be of equivalent actuarial value to his or her annuity, if any, his or 46 her pension or his or her retirement allowance, and shall be approved by 47 such board. 48 For purposes of this section, the words "pension" and "retirement 49 allowance" shall be deemed to include the pension-providing-for-in- 50 creased-take-home-pay, if any. 51 S 9. Section 13-184 of the administrative code of the city of New York 52 is amended to read as follows: 53 S 13-184 Limitation on other statutes; application of chapter. No 54 other provision of law which provides wholly or partly at the expense of 55 the city for pensions or retirement benefits for employees in the city- 56 service, shall apply to such employees who become members or benefici- A. 9080--A 6 1 aries of the retirement system provided for by this chapter, their 2 widows OR SURVIVING DOMESTIC PARTNERS or their other dependents. This 3 chapter shall not apply to any person who is, or may be, entitled to 4 share in the police pension fund, or in the fire department relief fund, 5 or in the teachers' retirement system, or in the Hunter College retire- 6 ment system, or in the department of street cleaning relief and pension 7 fund (except as provided in section 13-614 of this title), or in the 8 board of education retirement system, by reason of service of such 9 person as an employee under provisions of law applicable to such funds. 10 Notwithstanding the foregoing provisions of this section, nothing there- 11 in contained shall prevent a member of this retirement system whose 12 membership is authorized by subdivision three of section 13-104 of this 13 chapter, upon his or her retirement from this retirement system, or his 14 or her widow OR SURVIVING DOMESTIC PARTNER, dependents, or benefici- 15 aries, upon his or her death, from receiving benefits from this retire- 16 ment system, as well as benefits to which they may be entitled from any 17 other retirement system or pension fund maintained by the city. 18 S 10. Section 13-244 of the administrative code of the city of New 19 York, as amended by chapter 348 of the laws of 1989, subdivisions 2 and 20 3 as amended by chapter 733 of the laws of 1990 and subdivision 4 as 21 added by chapter 105 of the laws of 2005, is amended to read as follows: 22 S 13-244 Death benefits; accidental death benefits. Upon the acci- 23 dental death of a member before retirement, provided that evidence shall 24 be submitted to such board proving that the death of such member was the 25 natural and proximate result of an accident sustained while a member and 26 while in the performance of duty at some definite time and place and 27 that such death was not the result of wilful negligence on his or her 28 part, his or her accumulated deductions shall be paid to his or her 29 estate, or to such persons as he or she has nominated or shall nominate 30 by written designation, duly acknowledged and filed with such board. 31 Upon application by or on behalf of the dependents of such deceased 32 member, such board shall grant a lump sum payment of the reserve-for-in- 33 creased-take-home-pay and, in addition thereto, a pension of one-half of 34 the final compensation of such employee, which pension shall in no case 35 be less than one-half of the full salary payable to a first grade police 36 officer on the date of death of such employee: 37 1. To his or her surviving spouse OR SURVIVING DOMESTIC PARTNER, to 38 continue until the death of the surviving spouse OR SURVIVING DOMESTIC 39 PARTNER; or 40 2. If there be no surviving spouse OR SURVIVING DOMESTIC PARTNER,' or 41 if the surviving spouse OR SURVIVING DOMESTIC PARTNER dies before any 42 child of such deceased member shall have attained the age of eighteen 43 years, or if a student, before such child shall have attained the age of 44 twenty-three years, then to his or her child or children under such age, 45 divided in such manner as such board in its discretion shall determine, 46 to continue as a joint and survivor pension of one-half of his or her 47 final compensation until every such child dies or attains such age; or 48 3. If there be no surviving spouse, SURVIVING DOMESTIC PARTNER or 49 child under the age of eighteen years, or if a student, under the age of 50 twenty-three years, surviving such deceased member, then to his or her 51 dependent father or mother, as the deceased member shall have nominated 52 by written designation duly acknowledged and filed with such board; or, 53 if there be no such nomination, then to his or her dependent father or 54 to his or her dependent mother, as such board in its discretion shall 55 direct, to continue for life. A. 9080--A 7 1 4. Notwithstanding any other provision of law to the contrary, and 2 solely for the purposes of this section, a member shall be deemed to 3 have died as the natural and proximate result of an accident sustained 4 in the performance of duty upon which his or her membership is based, 5 and not as a result of willful negligence on his or her part, provided 6 that such member was in active service upon which his or her membership 7 is based at the time that such member was ordered to active duty, other 8 than for training purposes, pursuant to Title 10 of the United States 9 Code, with the armed forces of the United States, and such member died 10 while on such active duty on or after the effective date of [the] chap- 11 ter ONE HUNDRED FIVE of the laws of two thousand five [which added this 12 subdivision] while serving on such active military duty. 13 S 11. Section 13-253 of the administrative code of the city of New 14 York is amended to read as follows: 15 S 13-253 Dependent benefits for surviving spouses, SURVIVING DOMESTIC 16 PARTNERS and orphans. a. The board shall pay a dependent benefit to the 17 surviving spouse, SURVIVING DOMESTIC PARTNER, child or children or 18 dependent parent or parents of any deceased member if the death of such 19 member occur during his or her service or after he or she was retired 20 from service. The amount of any such dependent benefit to be paid by the 21 board to each of the several representatives of such member, in case 22 there shall be more than one, from time to time, may be determined by 23 such board according to the circumstances of each case. The annual 24 dependent benefit to the representative or representatives of such 25 member, however, shall be six hundred dollars, and no part of such sum 26 shall be paid to any such surviving spouse who shall remarry OR ENTER 27 INTO A DOMESTIC PARTNERSHIP WITHIN THE MEANING OF SUBDIVISION A OF 28 SECTION 3-240 OF THIS CODE, after such remarriage OR AFTER ENTERING INTO 29 SUCH DOMESTIC PARTNERSHIP, OR TO ANY SURVIVING DOMESTIC PARTNER WHO 30 SHALL MARRY OR ENTER INTO A SUBSEQUENT DOMESTIC PARTNERSHIP WITHIN THE 31 MEANING OF SUBDIVISION A OF SECTION 3-240 OF THIS CODE, AFTER SUCH 32 MARRIAGE OR AFTER ENTERING INTO SUCH SUBSEQUENT DOMESTIC PARTNERSHIP, or 33 to any child after it shall have reached the age of eighteen years. 34 b. Dependent benefits shall be granted to the surviving spouse, 35 SURVIVING DOMESTIC PARTNER, child or children or dependent parent or 36 parents of a member pursuant to this section only if such member, upon 37 becoming a member, shall elect to contribute the additional deductions 38 provided by subdivision d of section 13-227 of this subchapter. 39 c. The benefits granted pursuant to this section shall be in addition 40 to any other benefit provided for by this subchapter. 41 S 12. Subdivision a of section 13-261 of the administrative code of 42 the city of New York, the opening paragraph as amended by chapter 775 of 43 the laws of 1987, is amended to read as follows: 44 a. Until the first payment on account of any benefit is made, except 45 pursuant to the provisions of section 13-261.2 of this subchapter, the 46 beneficiary, or, if such beneficiary is an incompetent, then the husband 47 or wife OR DOMESTIC PARTNER of such beneficiary, or, if there be no 48 husband or wife OR DOMESTIC PARTNER, a committee of the estate, may 49 elect to receive such benefit in a retirement allowance payable through- 50 out life, or the beneficiary or the husband or wife OR DOMESTIC PARTNER 51 or committee so electing may then elect to receive the actuarial equiv- 52 alent at that time of his or her annuity, his or her pension, or his or 53 her retirement allowance in a lesser annuity or a lesser pension or a 54 lesser retirement allowance, payable throughout life with the provision 55 that: A. 9080--A 8 1 Option 1. If he or she die before he or she has received in payments 2 the present value of his or her annuity, his or her pension, or his or 3 her retirement allowance, as it was at the time of his or her retire- 4 ment, the balance shall be paid to his or her legal representatives or 5 to such person as the beneficiary, or the husband or wife OR DOMESTIC 6 PARTNER or committee so electing, has nominated or shall nominate by 7 written designation duly acknowledged and filed with the board. 8 Option 2. Upon his or her death, his or her annuity, his or her 9 pension, or his or her retirement allowance, shall be continued through- 10 out the life of and paid to such person as the beneficiary, or the 11 husband or wife OR DOMESTIC PARTNER or committee so electing, has nomi- 12 nated or shall nominate by written designation duly acknowledged and 13 filed with the board at the time of his or her retirement. 14 Option 3. Upon his or her death, one-half of his or her annuity, his 15 or her pension, or his or her retirement allowance, shall be continued 16 throughout the life of and paid to such person as the beneficiary, or 17 the husband or wife OR DOMESTIC PARTNER or committee so electing, has 18 nominated or shall nominate by written designation duly acknowledged and 19 filed with the board at the time of his or her retirement. 20 Option 4. Upon his or her death, some other benefit or benefits shall 21 be paid to such other person or persons as the beneficiary, or the 22 husband or wife OR DOMESTIC PARTNER or committee so electing, has nomi- 23 nated or shall nominate, provided such other benefit or benefits, 24 together with such lesser annuity, or lesser pension, or lesser retire- 25 ment allowance, shall be certified by the actuary to be of equivalent 26 actuarial value to his or her annuity, his or her pension or his or her 27 retirement allowance, and shall be approved by such board. 28 S 13. Subdivision b of section 13-261.2 of the administrative code of 29 the city of New York, as added by chapter 775 of the laws of 1987, is 30 amended to read as follows: 31 b. Notwithstanding any law to the contrary, for the purpose of elect- 32 ing an option pursuant to section 13-261 of this subchapter, the pension 33 board shall notify the surviving spouse OR SURVIVING DOMESTIC PARTNER of 34 any applicant described in subdivision a of this section, or, if no such 35 spouse OR SURVIVING DOMESTIC PARTNER exists, the personal representative 36 of the estate of such applicant of the right of election pursuant to 37 said section 13-261 and such surviving spouse OR SURVIVING DOMESTIC 38 PARTNER or personal representative of such estate may elect any such 39 option within thirty days after receipt of such notice. 40 S 14. Section 13-261.3 of the administrative code of the city of New 41 York, as added by chapter 582 of the laws of 1997, is amended to read as 42 follows: 43 S 13-261.3 Retired employees; change of options. Notwithstanding any 44 other provision of law to the contrary, no beneficiary shall be permit- 45 ted to change any optional selection after it has become effective, 46 provided, however, that if: 47 (a) a retired member nominates the spouse OR DOMESTIC PARTNER of such 48 member as the survivor beneficiary under option two or three of section 49 13-261 of [the code] THIS SUBCHAPTER, or if a retired member nominates 50 the spouse OR DOMESTIC PARTNER of such member under option four of such 51 section to receive payment of an annual benefit as a survivor; and 52 (b) such person so nominated, IN THE CASE OF A SPOUSE OF SUCH MEMBER, 53 ceases by causes other than death to be his or her spouse or is divorced 54 from or separated pursuant to a judicial decree from such spouse, OR 55 SUCH PERSON SO NOMINATED, IN THE CASE OF A DOMESTIC PARTNER OF SUCH 56 MEMBER, CEASES BY CAUSES OTHER THAN DEATH TO BE HIS OR HER DOMESTIC A. 9080--A 9 1 PARTNER PURSUANT TO APPLICABLE LAW, then the board of trustees shall 2 have the authority to permit the change of the optional benefit to the 3 maximum benefit that is the actuarial equivalent by and with the consent 4 of all parties. 5 S 15. Section 13-267 of the administrative code of the city of New 6 York is amended to read as follows: 7 S 13-267 Limitation on other statutes; application of article. No 8 other provision of law which provides wholly or partly at the expense of 9 the city for pensions or retirement benefits for employees in the city- 10 service, shall apply to such employees who are entitled to be members or 11 beneficiaries of the pension fund provided for by this subchapter, their 12 surviving spouses OR SURVIVING DOMESTIC PARTNERS or their other depen- 13 dents. 14 S 16. Subdivision c of section 13-347 of the administrative code of 15 the city of New York, as amended by chapter 348 of the laws of 1989 and 16 paragraphs 2 and 3 as amended by chapter 733 of the laws of 1990, is 17 amended to read as follows: 18 c. The applicable lump sum payment and allowance or pension, as the 19 case may be, referred to in subdivision b of this section shall be 20 granted: 21 (1) To such deceased member's surviving spouse OR SURVIVING DOMESTIC 22 PARTNER, to continue until the death of the surviving spouse OR SURVIV- 23 ING DOMESTIC PARTNER; or 24 (2) If there be no surviving spouse OR SURVIVING DOMESTIC PARTNER, or 25 if the surviving spouse OR SURVIVING DOMESTIC PARTNER dies before any 26 child of such deceased member shall have attained the age of eighteen 27 years or if a student under the age of twenty-three years, then to his 28 or her child or children under such age, divided in such manner as such 29 board in its discretion shall determine, to continue, if such deceased 30 member was an original plan member not subject to article eleven at the 31 time of his or her death, as a joint and survivor pension of one-half of 32 his or her final compensation until every such child dies or attains 33 such age, and to continue, if such deceased member was an improved bene- 34 fits plan member not subject to article eleven OF THE RETIREMENT AND 35 SOCIAL SECURITY LAW at the time of his or her death, as a joint and 36 survivor pension of one-half of his or her five-year-average compen- 37 sation until every such child dies or attains such age; or 38 (3) If there be no surviving spouse, SURVIVING DOMESTIC PARTNER or 39 child under the age of eighteen years or if a student under the age of 40 twenty-three years surviving such deceased member, then to his or her 41 dependent father or mother, as such deceased member shall have nominated 42 by written designation duly acknowledged and filed with such board; or, 43 if there be no such nomination, then to his or her dependent father or 44 to his or her dependent mother, as such board in its discretion shall 45 direct, to continue for life. 46 S 17. The section heading of section 13-355 of the administrative code 47 of the city of New York is amended to read as follows: 48 Dependent benefits for surviving spouses, SURVIVING DOMESTIC PARTNERS 49 and orphans. 50 S 18. Paragraph 1 of subdivision b of section 13-355 of the adminis- 51 trative code of the city of New York is amended to read as follows: 52 (1) Except as otherwise provided in paragraph two of this subdivision 53 and subject to the provisions of subdivisions a and d of this section, 54 the board shall pay a dependent benefit to the surviving spouse, SURVIV- 55 ING DOMESTIC PARTNER, child or children or dependent parents of any 56 deceased member if the death of such member occur during his or her A. 9080--A 10 1 service or after he or she was retired from service. The amount of any 2 such dependent benefit to be paid by the board to each of the several 3 representatives of such member, in case there shall be more than one, 4 from time to time, may be determined by such board according to the 5 circumstances of each case. The annual dependent benefit to the repre- 6 sentative or representatives of such member, however, shall be six 7 hundred dollars, and no part of such sum shall be paid to any such 8 surviving spouse who shall remarry OR ENTER INTO A DOMESTIC PARTNERSHIP 9 WITHIN THE MEANING OF SUBDIVISION A OF SECTION 3-240 OF THIS CODE, after 10 such remarriage OR AFTER ENTERING INTO SUCH DOMESTIC PARTNERSHIP, OR TO 11 ANY SURVIVING DOMESTIC PARTNER WHO SHALL MARRY OR ENTER INTO A SUBSE- 12 QUENT DOMESTIC PARTNERSHIP WITHIN THE MEANING OF SUBDIVISION A OF 13 SECTION 3-240 OF THIS CODE, AFTER SUCH MARRIAGE OR AFTER ENTERING INTO 14 SUCH SUBSEQUENT DOMESTIC PARTNERSHIP, or to any child after it shall 15 have reached the age of eighteen years. 16 S 19. Subdivision c of section 13-355 of the administrative code of 17 the city of New York is amended to read as follows: 18 c. Dependent benefits shall be granted pursuant to this section to the 19 surviving spouse, SURVIVING DOMESTIC PARTNER, child or children or 20 dependent parent or parents of a member: 21 (1) only upon satisfaction of the applicable requirements set forth in 22 subdivision a of this section, if such member last became a member prior 23 to such starting date; and 24 (2) only if the member, where he or she becomes a member on or after 25 such starting date, shall elect to contribute the additional deductions 26 provided for by subdivision c of section 13-329 of this subchapter. 27 S 20. Subdivision a of section 13-369 of the administrative code of 28 the city of New York, the opening paragraph as amended by chapter 775 of 29 the laws of 1987, is amended to read as follows: 30 a. Subject to the provisions of subdivision b of this section, until 31 the first payment on account of any benefit is made, except pursuant to 32 the provisions of subdivision c of this section, any beneficiary who was 33 an original plan member at the time of his or her retirement, or, if 34 such beneficiary is an incompetent, then the spouse OR DOMESTIC PARTNER 35 of such beneficiary, or, if there be no spouse OR DOMESTIC PARTNER, a 36 committee of the estate, may elect to receive such benefit in a retire- 37 ment allowance payable throughout life, or any such beneficiary or the 38 spouse OR DOMESTIC PARTNER or committee so electing may then elect to 39 receive the actuarial equivalent at the time of his or her retirement 40 allowance in a lesser retirement allowance, payable throughout life with 41 the provision that: 42 Option 1. If he or she die before he or she has received in payments 43 the present value of his or her retirement allowance, as it was at the 44 time of his or her retirement, the balance shall be paid to his or her 45 legal representatives or to such person as such beneficiary, or the 46 spouse OR DOMESTIC PARTNER or committee so electing, has nominated or 47 shall nominate by written designation duly acknowledged and filed with 48 the board. 49 Option 2. Upon his or her death, his or her retirement allowance shall 50 be continued throughout the life of and paid to such person as such 51 beneficiary, or the spouse OR DOMESTIC PARTNER or committee so electing, 52 has nominated or shall nominate by written designation duly acknowledged 53 and filed with the board at the time of his or her retirement. 54 Option 3. Upon his or her death, one-half of his or her retirement 55 allowance shall be continued throughout the life of and paid to such 56 person as such beneficiary, or the spouse OR DOMESTIC PARTNER or commit- A. 9080--A 11 1 tee so electing, has nominated or shall nominate by written designation 2 duly acknowledged and filed with the board at the time of his or her 3 retirement. 4 Option 4. Upon his or her death, some other benefit or benefits shall 5 be paid to such other person or persons as such beneficiary, or the 6 spouse OR DOMESTIC PARTNER or committee so electing, has nominated or 7 shall nominate, provided such other benefit or benefits, together with 8 such lesser retirement allowance, shall be certified by the actuary to 9 be of equivalent actuarial value to his or her retirement allowance, and 10 shall be approved by such board. 11 S 21. Subdivision d of section 13-369 of the administrative code of 12 the city of New York, as added by chapter 775 of the laws of 1987, is 13 amended to read as follows: 14 d. Notwithstanding any law to the contrary, for the purpose of elect- 15 ing an option pursuant to this section, the pension board shall notify 16 the surviving spouse OR SURVIVING DOMESTIC PARTNER of any applicant 17 described in subdivision c of this section, or, if no such spouse OR 18 DOMESTIC PARTNER exists, the personal representative of the estate of 19 such applicant of the right of election pursuant to this section and 20 such surviving spouse OR SURVIVING DOMESTIC PARTNER or personal repre- 21 sentative of such estate may elect any such option within thirty days 22 after receipt of such notice. 23 S 22. Section 13-369.1 of the administrative code of the city of New 24 York, as added by chapter 582 of the laws of 1997, is amended to read as 25 follows: 26 S 13-369.1 Retired employees; change of options. Notwithstanding any 27 other provision of law to the contrary, no beneficiary shall be permit- 28 ted to change any optional selection after it has become effective, 29 provided, however, that if: 30 (a) a retired member nominates the spouse OR DOMESTIC PARTNER of such 31 member as the survivor beneficiary under option two or three of section 32 13-369 of [the code] THIS SUBCHAPTER, or if a retired member nominates 33 the spouse OR DOMESTIC PARTNER of such member under option four of such 34 section to receive payment of an annual benefit as a survivor; and 35 (b) such person so nominated, IN THE CASE OF A SPOUSE OF SUCH MEMBER, 36 ceases by causes other than death to be his or her spouse or is divorced 37 from or separated pursuant to a judicial decree from such spouse, OR 38 SUCH PERSON SO NOMINATED, IN THE CASE OF A DOMESTIC PARTNER OF SUCH 39 MEMBER, CEASES BY CAUSES OTHER THAN DEATH TO BE HIS OR HER DOMESTIC 40 PARTNER PURSUANT TO APPLICABLE LAW, then the board of trustees shall 41 have the authority to permit the change of the optional benefit to the 42 maximum benefit that is the actuarial equivalent by and with the consent 43 of all parties. 44 S 23. Subdivision a of section 13-370 of the administrative code of 45 the city of New York, as amended by chapter 288 of the laws of 1990, is 46 amended to read as follows: 47 a. Subject to the provisions of subdivision c of this section, until 48 the first payment on account of any benefit is made, except pursuant to 49 the provisions of subdivision d of this section any beneficiary who was 50 an improved benefits plan member at the time of his or her retirement, 51 or, if such beneficiary is an incompetent, then the spouse or DOMESTIC 52 PARTNER OF such beneficiary, or, if there be no spouse OR DOMESTIC PART- 53 NER, a committee of the estate, may elect to receive such benefit in a 54 retirement allowance payable throughout life, or any such beneficiary or 55 the spouse OR DOMESTIC PARTNER or committee so electing may then elect 56 to receive the actuarial equivalent at the time of his or her annuity, A. 9080--A 12 1 his or her pension, or his or her retirement allowance in a lesser annu- 2 ity or a lesser pension or a lesser retirement allowance, payable 3 throughout life with the provision that: 4 Option 1. If he or she die before he or she has received in payments 5 the present value of his or her annuity, his or her pension, or his or 6 her retirement allowance, as it was at the time of his or her retire- 7 ment, the balance shall be paid to his or her legal representatives or 8 to such person as such beneficiary, or the spouse OR DOMESTIC PARTNER or 9 committee so electing, has nominated or shall nominate by written desig- 10 nation duly acknowledged and filed with the board. 11 Option 2. Upon his or her death, his or her annuity, his or her 12 pension, or his or her retirement allowance, shall be continued through- 13 out the life of and paid to such person as such beneficiary, or the 14 spouse OR DOMESTIC PARTNER or committee so electing, has nominated or 15 shall nominate by written designation duly acknowledged and filed with 16 the board at the time of his or her retirement. 17 Option 3. Upon his or her death, one-half of his or her annuity, his 18 or her pension, or his or her retirement allowance, shall be continued 19 throughout the life of and paid to such person as such beneficiary, or 20 the spouse OR DOMESTIC PARTNER or committee so electing, has nominated 21 or shall nominate by written designation duly acknowledged and filed 22 with the board at the time of his or her retirement. 23 Option 4. Upon his or her death, some other benefit or benefits shall 24 be paid to such other person or persons as such beneficiary, or the 25 spouse OR DOMESTIC PARTNER or committee so electing, has nominated or 26 shall nominate, provided such other benefit or benefits, together with 27 such lesser annuity, or lesser pension or lesser retirement allowance, 28 shall be certified by the actuary to be of equivalent actuarial value to 29 his or her annuity, his or her pension or his or her retirement allow- 30 ance, and shall be approved by such board. 31 S 24. Subdivision e of section 13-370 of the administrative code of 32 the city of New York, as added by chapter 288 of the laws of 1990, is 33 amended to read as follows: 34 e. Notwithstanding any law to the contrary, for the purpose of elect- 35 ing an option pursuant to this section, the pension board shall notify 36 the surviving spouse OR SURVIVING DOMESTIC PARTNER of any applicant 37 described in subdivision d of this section, or, if no such spouse OR 38 DOMESTIC PARTNER exists, the personal representative of the estate of 39 such applicant of the right of election pursuant to this section and 40 such surviving spouse OR SURVIVING DOMESTIC PARTNER or personal repre- 41 sentative of such estate may elect any such option within thirty days 42 after receipt of such notice. 43 S 25. Section 13-370.1 of the administrative code of the city of New 44 York, as added by chapter 582 of the laws of 1997, is amended to read as 45 follows: 46 S 13-370.1 Retired employees; change of options. Notwithstanding any 47 other provision of law to the contrary, no beneficiary shall be permit- 48 ted to change any optional selection after it has become effective, 49 provided, however, that if: 50 (a) a retired member nominates the spouse OR DOMESTIC PARTNER of such 51 member as the survivor beneficiary under option two or three of section 52 13-370 of [the code] THIS SUBCHAPTER, or if a retired member nominates 53 the spouse OR DOMESTIC PARTNER of such member under option four of such 54 section to receive payment of an annual benefit as a survivor; and 55 (b) such person so nominated, IN THE CASE OF A SPOUSE OF SUCH MEMBER, 56 ceases by causes other than death to be his or her spouse or is divorced A. 9080--A 13 1 from or separated pursuant to a judicial decree from such spouse, OR 2 SUCH PERSON SO NOMINATED, IN THE CASE OF A DOMESTIC PARTNER OF SUCH 3 MEMBER, CEASES BY CAUSES OTHER THAN DEATH TO BE HIS OR HER DOMESTIC 4 PARTNER PURSUANT TO APPLICABLE LAW, then the board of trustees shall 5 have the authority to permit the change of the optional benefit to the 6 maximum benefit that is the actuarial equivalent by and with the consent 7 of all parties. 8 S 26. Section 13-379 of the administrative code of the city of New 9 York is amended to read as follows: 10 S 13-379 Limitation on other statutes; application of subchapter. 11 Except as otherwise provided in this subchapter, no other provision of 12 law which provides wholly or partly at the expense of the city for 13 retirement benefits for employees in the city-service, shall apply to 14 such employees who are entitled to be members or beneficiaries of the 15 pension fund provided for by this subchapter, their surviving spouse OR 16 SURVIVING DOMESTIC PARTNER or their other dependents. 17 S 27. Paragraph 1 of subdivision d of section 13-380 of the adminis- 18 trative code of the city of New York is amended to read as follows: 19 (1) In case of the death of any active member or of any pensioned or 20 retired member of such department, and so contributing, there shall be 21 paid to the beneficiary or beneficiaries named in a written designation 22 filed with the board of trustees, or if there be no such written desig- 23 nation, then to the surviving spouse OR SURVIVING DOMESTIC PARTNER, or 24 if there be no surviving spouse OR SURVIVING DOMESTIC PARTNER, then to 25 the legal representatives of such deceased active member or pensioned 26 and retired member out of the monies so assessed, a sum as hereinafter 27 in this paragraph one provided: 28 (i) subject to the provisions of subdivision g of this section, the 29 sum of five thousand dollars, if such member was an active member at the 30 time of his or her death; or 31 (ii) subject to the provisions of subdivision g of this section, the 32 sum of two thousand dollars, if such member was a pensioned or retired 33 member of such department at the time of his or her death. 34 S 28. Subdivision f of section 13-380 of the administrative code of 35 the city of New York is amended to read as follows: 36 f. Any member of such fund who is on leave of absence from the fire 37 department for military duty as defined in sections two hundred forty- 38 two and two hundred forty-three of the military law of the state of New 39 York shall continue to be a member of such fund during such military 40 duty. Upon his or her restoration to his or her position in the fire 41 department, there shall be deducted monthly from his or her salary and 42 paid to the New York fire department life insurance fund, such sum, as 43 will over a period of five years, equal the amount which he or she would 44 have been required to contribute if he or she had been continuously 45 employed in the fire department during such period of service, or any 46 part of such amount remaining unpaid at the date of such restoration. In 47 lieu of such deduction, however, such amount or any part thereof may be 48 paid by such member at any time or from time to time while in such 49 service, or, in a lump sum or by larger monthly deductions, after his or 50 her restoration to his or her position in the fire department, or by any 51 other method of deduction which will complete the payment of such amount 52 in a period less than five years from the date of such restoration. In 53 the event such member has failed or shall fail to complete full payment 54 of such amount of contributions remaining due and unpaid within the time 55 herein specified, there shall be deducted monthly from the salary of 56 such member or by any other method of deduction and paid to the New York A. 9080--A 14 1 fire department life insurance fund within a period of eighteen months, 2 such sum as will equal the amount which he or she would have been 3 required to contribute if he or she had been continuously employed in 4 the fire department during such period of service, or any part of such 5 amount remaining unpaid, plus interest at the rate of two and one-half 6 per centum per annum computed from either five years after the date of 7 such restoration or January first, nineteen hundred fifty-three, which- 8 ever date is later. In case of death of any member during his or her 9 absence in such service or at any time prior to the full payment by him 10 or her of the contributions due and payable to such fund during his or 11 her absence, his or her beneficiary or beneficiaries or his or her 12 surviving spouse OR SURVIVING DOMESTIC PARTNER or legal representatives, 13 as the case may be, shall receive the sum required to be paid pursuant 14 to subdivision d or g of this section in the case of the death of an 15 active member, less the amount of such contributions remaining due and 16 unpaid. 17 S 29. Paragraphs 1, 2 and 3 of subdivision b of section 13-544 of the 18 administrative code of the city of New York are amended to read as 19 follows: 20 1. to the spouse OR DOMESTIC PARTNER, to continue until [death or 21 remarriage] THE SPOUSE DIES, REMARRIES OR ENTERS INTO A DOMESTIC PART- 22 NERSHIP WITHIN THE MEANING OF SUBDIVISION A OF SECTION 3-240 OF THIS 23 CODE, OR UNTIL THE DOMESTIC PARTNER DIES, MARRIES OR ENTERS INTO A 24 SUBSEQUENT DOMESTIC PARTNERSHIP WITHIN THE MEANING OF SUBDIVISION A OF 25 SECTION 3-240 OF THIS CODE; or 26 2. if there be no spouse OR DOMESTIC PARTNER, or if the spouse dies 27 [or], remarries OR ENTERS INTO A DOMESTIC PARTNERSHIP WITHIN THE MEANING 28 OF SUBDIVISION A OF SECTION 3-240 OF THIS CODE, OR THE DOMESTIC PARTNER 29 DIES, MARRIES OR ENTERS INTO A SUBSEQUENT DOMESTIC PARTNERSHIP WITHIN 30 THE MEANING OF SUBDIVISION A OF SECTION 3-240 OF THIS CODE before any 31 child of such deceased shall have attained the age of eighteen years, 32 then to the child or children under said age, divided in such manner as 33 the retirement board in its discretion shall determine, to continue as a 34 joint and survivor pension of one-half his or her final compensation 35 until every such child dies or attains said age; or 36 3. if there be no spouse, DOMESTIC PARTNER or child under the age of 37 eighteen years surviving such deceased, then to the dependent father or 38 mother, as the deceased shall have nominated by written designation 39 filed with the retirement board; or, if there be no such nomination, 40 then to the dependent father or to the dependent mother, as the retire- 41 ment board in its discretion shall direct, to continue for life. 42 S 30. Subdivision c of section 13-565 of the administrative code of 43 the city of New York is amended to read as follows: 44 c. If the survivor beneficiary nominated under option two, three or 45 four of section 13-558 of this chapter is a spouse OR DOMESTIC PARTNER 46 of the retired member, and, WHERE SUCH NOMINATED BENEFICIARY IS A SPOUSE 47 OF THE RETIRED MEMBER, such person by causes other than death ceases to 48 be his or her spouse or is separated from him or her, or if such option 49 was selected in contemplation of marriage which has not taken place, OR, 50 WHERE SUCH NOMINATED BENEFICIARY IS A DOMESTIC PARTNER OF THE RETIRED 51 MEMBER, SUCH PERSON BY CAUSES OTHER THAN DEATH CEASES TO BE HIS OR HER 52 DOMESTIC PARTNER PURSUANT TO APPLICABLE LAW, then the [board of esti- 53 mate] RETIREMENT BOARD shall have authority to permit the change of the 54 optional benefit to the maximum benefit that is the actuarial equivalent 55 by and with the consent of all parties. A. 9080--A 15 1 S 31. Subdivision g of section 13-696 of the administrative code of 2 the city of New York, as added by chapter 125 of the laws of 2000, is 3 amended to read as follows: 4 g. Notwithstanding any other provision of law, the surviving spouse OR 5 SURVIVING DOMESTIC PARTNER of a deceased retired member of the New York 6 city employees' retirement system, the New York city teachers' retire- 7 ment system, the New York city police pension fund, the New York city 8 fire department pension fund or the New York city board of education 9 retirement system who retired under an option which provides that bene- 10 fits are to be continued for life to the surviving spouse OR SURVIVING 11 DOMESTIC PARTNER after the death of the member, shall be entitled to 12 receive a benefit pursuant to this section. Said benefit shall be fifty 13 percent of the monthly benefit which the pensioner would be receiving if 14 living, and shall commence WITH RESPECT TO A SURVIVING SPOUSE (i) with a 15 payment for the month of September, two thousand, or (ii) the month 16 following the death of the deceased retired member, whichever is later, 17 OR, WITH RESPECT TO A SURVIVING DOMESTIC PARTNER, SUCH BENEFIT SHALL 18 COMMENCE WITH A PAYMENT FOR THE LATER OF THE MONTH OF SEPTEMBER, TWO 19 THOUSAND NINE OR THE MONTH NEXT FOLLOWING THE DEATH OF THE DECEASED 20 RETIRED MEMBER. 21 S 32. Subdivision 7 of section 501 of the retirement and social secu- 22 rity law, as amended by chapter 408 of the laws of 2000, is amended to 23 read as follows: 24 7. "Eligible beneficiary" for the purposes of section five hundred 25 nine of this article shall mean the following persons or classes of 26 persons in the order set forth: (a) WITH RESPECT TO A DECEASED MEMBER OF 27 A PUBLIC RETIREMENT SYSTEM OF THE STATE OTHER THAN THE NEW YORK CITY 28 EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK CITY TEACHERS' RETIREMENT 29 SYSTEM OR THE BOARD OF EDUCATION RETIREMENT SYSTEM OF THE CITY OF NEW 30 YORK a surviving spouse who has not renounced survivorship rights in a 31 separation agreement, until remarriage, OR, WITH RESPECT TO A DECEASED 32 MEMBER OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK 33 CITY TEACHERS' RETIREMENT SYSTEM OR THE BOARD OF EDUCATION RETIREMENT 34 SYSTEM OF THE CITY OF NEW YORK, A SURVIVING SPOUSE WHO HAS NOT RENOUNCED 35 SURVIVORSHIP RIGHTS IN A SEPARATION AGREEMENT, UNTIL THE SURVIVING 36 SPOUSE REMARRIES OR ENTERS INTO A DOMESTIC PARTNERSHIP WITHIN THE MEAN- 37 ING OF SUBDIVISION A OF SECTION 3-240 OF THE ADMINISTRATIVE CODE OF THE 38 CITY OF NEW YORK, OR A SURVIVING DOMESTIC PARTNER, AS DEFINED IN SUBDI- 39 VISION TWENTY-ONE OF SECTION 1-112 OF THE ADMINISTRATIVE CODE OF THE 40 CITY OF NEW YORK, UNTIL SUCH SURVIVING DOMESTIC PARTNER MARRIES OR 41 ENTERS INTO A SUBSEQUENT DOMESTIC PARTNERSHIP WITHIN THE MEANING OF 42 SUBDIVISION A OF SECTION 3-240 OF THE ADMINISTRATIVE CODE OF THE CITY OF 43 NEW YORK, (b) surviving children until age twenty-five, (c) dependent 44 parents, determined under regulations promulgated by the comptroller, 45 (d) 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 and (e) with respect to members of the New York city 49 employees' retirement system and the board of education retirement 50 system of the city of New York, a person whom the member shall have 51 nominated in the form of a written designation, duly acknowledged and 52 filed with the head of the retirement system for the purpose of section 53 five hundred eight of this article. In the event that a class of eligi- 54 ble beneficiaries consists of more than one person, benefits shall be 55 divided equally among the persons in such class. For the purposes of 56 section five hundred eight the term "eligible beneficiary" shall mean A. 9080--A 16 1 such person as the member shall have nominated to receive the benefits 2 provided in this article. To be effective, such a nomination must be in 3 the form of a written designation, duly acknowledged and filed with the 4 head of the retirement system for this specific purpose. In the event 5 such designated beneficiary does not survive him OR HER, or if he OR SHE 6 shall not have so designated a beneficiary, such benefits shall be paya- 7 ble to the deceased member's estate or as provided in section one thou- 8 sand three hundred ten of the surrogate's court procedure act. 9 S 33. Subdivision a of section 514 of the retirement and social secu- 10 rity law, as amended by chapter 592 of the laws of 1992, is amended to 11 read as follows: 12 a. 1. A member, or if he or she is an incompetent, the member's spouse 13 or the committee of such member's property, may elect to receive the 14 actuarial equivalent of the retirement allowance at the time of retire- 15 ment, in the form of a smaller retirement allowance payable to such 16 member for life and one of the following optional settlements: 17 Option one. Upon the member's death, a retirement allowance in an 18 amount equal to that paid to the member shall be paid for life to the 19 beneficiary so designated. 20 Option two. Upon the member's death, a retirement allowance of ninety 21 percent or less (measured in increments of not less than ten percent) of 22 the amount paid to such member shall be paid for life to the beneficiary 23 so designated. 24 Option three. A five-year certain option under which payment is made 25 to the member for life but is guaranteed for a minimum of five years 26 following retirement. 27 Option four. A ten-year certain option under which payment is made to 28 the member for life but is guaranteed for a minimum of ten years follow- 29 ing retirement. 30 Option five. Upon the member's death, a retirement allowance in an 31 amount equal to fifty percent or one hundred percent of that paid to the 32 member shall be paid for life to such person as he OR SHE shall nominate 33 by written designation duly acknowledged and filed with the retirement 34 system at the time of retirement. Upon the death, prior to the death of 35 the member, of said person so nominated, the member shall begin receiv- 36 ing, in lieu of the allowance then payable, an allowance equal in amount 37 to that which would have been payable if no optional modification of the 38 retirement allowance were in effect. 39 2. WITH RESPECT TO A MEMBER OF THE NEW YORK CITY EMPLOYEES' RETIREMENT 40 SYSTEM, THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM OR THE BOARD OF 41 EDUCATION RETIREMENT SYSTEM OF THE CITY OF NEW YORK WHO IS AN INCOMPE- 42 TENT, THE TERM "SPOUSE", AS USED IN PARAGRAPH ONE OF THIS SUBDIVISION, 43 SHALL BE DEEMED TO INCLUDE THE DOMESTIC PARTNER, AS DEFINED IN SUBDIVI- 44 SION TWENTY-ONE OF SECTION 1-112 OF THE ADMINISTRATIVE CODE OF THE CITY 45 OF NEW YORK, OF SUCH MEMBER FOR THE PURPOSE OF PERMITTING SUCH DOMESTIC 46 PARTNER TO SELECT AN OPTION ON BEHALF OF SUCH MEMBER PURSUANT TO THE 47 PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVISION. 48 S 34. Subdivision c of section 514 of the retirement and social secu- 49 rity law, as added by chapter 890 of the laws of 1976, is amended to 50 read as follows: 51 c. No option hereunder shall be permitted whereby the member would 52 receive less than fifty percent of the pension reserve during such 53 member's life expectancy. Provided, however, the preceding sentence 54 shall not apply if the surviving beneficiary is the member's spouse, OR 55 IF THE SURVIVING BENEFICIARY IS THE DOMESTIC PARTNER, AS DEFINED IN 56 SUBDIVISION TWENTY-ONE OF SECTION 1-112 OF THE ADMINISTRATIVE CODE OF A. 9080--A 17 1 THE CITY OF NEW YORK, OF A MEMBER OF THE NEW YORK CITY EMPLOYEES' 2 RETIREMENT SYSTEM, THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM OR THE 3 BOARD OF EDUCATION RETIREMENT SYSTEM OF THE CITY OF NEW YORK. 4 S 35. Paragraph 1 of subdivision d of section 601 of the retirement 5 and social security law, as amended by chapter 408 of the laws of 2000, 6 is amended to read as follows: 7 1. [A] WITH RESPECT TO A DECEASED MEMBER OF A PUBLIC RETIREMENT SYSTEM 8 OF THE STATE OTHER THAN THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, 9 THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM OR THE BOARD OF EDUCATION 10 RETIREMENT SYSTEM OF THE CITY OF NEW YORK, A surviving spouse who has 11 not renounced survivorship rights in a separation agreement, until 12 remarriage, OR, WITH RESPECT TO A DECEASED MEMBER OF THE NEW YORK CITY 13 EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK CITY TEACHERS' RETIREMENT 14 SYSTEM OR THE BOARD OF EDUCATION RETIREMENT SYSTEM OF THE CITY OF NEW 15 YORK, A SURVIVING SPOUSE WHO HAS NOT RENOUNCED SURVIVORSHIP RIGHTS IN A 16 SEPARATION AGREEMENT UNTIL THE SURVIVING SPOUSE REMARRIES OR ENTERS INTO 17 A DOMESTIC PARTNERSHIP WITHIN THE MEANING OF SUBDIVISION A OF SECTION 18 3-240 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, OR A SURVIVING 19 DOMESTIC PARTNER, AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION 1-112 20 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, UNTIL SUCH SURVIVING 21 DOMESTIC PARTNER MARRIES OR ENTERS INTO A SUBSEQUENT DOMESTIC PARTNER- 22 SHIP WITHIN THE MEANING OF SUBDIVISION A OF SECTION 3-240 OF THE ADMIN- 23 ISTRATIVE CODE OF THE CITY OF NEW YORK; 24 S 36. Subdivision b of section 610 of the retirement and social secu- 25 rity law, as added by chapter 414 of the laws of 1983, is amended to 26 read as follows: 27 b. No option hereunder shall be permitted whereby the member would 28 receive less than fifty percent of the actuarial equivalent of the 29 retirement allowance without optional modification during such member's 30 life expectancy. Provided, however, the preceding sentence shall not 31 apply if the surviving beneficiary is the member's spouse, OR IF THE 32 SURVIVING BENEFICIARY IS THE DOMESTIC PARTNER, AS DEFINED IN SUBDIVISION 33 TWENTY-ONE OF SECTION 1-112 OF THE ADMINISTRATIVE CODE OF THE CITY OF 34 NEW YORK, OF A MEMBER OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, 35 THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM OR THE BOARD OF EDUCATION 36 RETIREMENT SYSTEM OF THE CITY OF NEW YORK. 37 S 37. Section 2575 of the education law is amended by adding a new 38 subdivision 26 to read as follows: 39 26. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERMS "BOARD OF 40 EDUCATION RETIREMENT SYSTEM" AND "RULES AND REGULATIONS" SHALL HAVE THE 41 MEANINGS SET FORTH IN SUBPARAGRAPHS TWO AND FOUR, RESPECTIVELY, OF PARA- 42 GRAPH (A) OF SUBDIVISION EIGHTEEN OF THIS SECTION. 43 (B) FOR THE PURPOSES OF SECTION TWENTY-ONE OF THE RULES AND REGU- 44 LATIONS, WHERE ALL REQUIREMENTS HAVE BEEN MET FOR THE PAYMENT OF AN 45 ACCIDENTAL DEATH PENSION PURSUANT TO SUCH SECTION TWENTY-ONE BASED ON 46 THE DEATH OF A MEMBER OF THE BOARD OF EDUCATION RETIREMENT SYSTEM TO 47 WHICH SUCH SECTION TWENTY-ONE IS OTHERWISE APPLICABLE, THE TERM "WIDOW", 48 AS USED IN SECTION TWENTY-ONE OF THE RULES AND REGULATIONS, SHALL BE 49 DEEMED TO INCLUDE THE SURVIVING DOMESTIC PARTNER, AS DEFINED IN SUBDIVI- 50 SION TWENTY-ONE OF SECTION 1-112 OF THE ADMINISTRATIVE CODE OF THE CITY 51 OF NEW YORK, OF SUCH MEMBER, AND ANY ACCIDENTAL DEATH PENSION PAYMENTS 52 TO A SURVIVING DOMESTIC PARTNER PURSUANT TO SUCH SECTION TWENTY-ONE 53 SHALL CONTINUE UNTIL THE SURVIVING DOMESTIC PARTNER DIES, MARRIES OR 54 ENTERS INTO A SUBSEQUENT DOMESTIC PARTNERSHIP WITHIN THE MEANING OF 55 SUBDIVISION A OF SECTION 3-240 OF THE ADMINISTRATIVE CODE OF THE CITY OF 56 NEW YORK, AND UPON THE CESSATION OF SUCH ACCIDENTAL DEATH PENSION A. 9080--A 18 1 PAYMENTS TO THE SURVIVING DOMESTIC PARTNER, THE OTHERWISE APPLICABLE 2 PROVISIONS OF SECTION TWENTY-ONE OF THE RULES AND REGULATIONS SHALL 3 GOVERN. 4 (C) WHERE AN ACCIDENTAL DEATH PENSION IS OTHERWISE PAYABLE PURSUANT TO 5 SECTION TWENTY-ONE OF THE RULES AND REGULATIONS TO A SURVIVING SPOUSE OF 6 A DECEASED MEMBER OF THE BOARD OF EDUCATION RETIREMENT SYSTEM, SUCH 7 ACCIDENTAL DEATH PENSION PAYMENTS SHALL CONTINUE UNTIL THE SURVIVING 8 SPOUSE DIES, REMARRIES OR ENTERS INTO A DOMESTIC PARTNERSHIP WITHIN THE 9 MEANING OF SUBDIVISION A OF SECTION 3-240 OF THE ADMINISTRATIVE CODE OF 10 THE CITY OF NEW YORK, AND UPON THE CESSATION OF SUCH ACCIDENTAL DEATH 11 PENSION PAYMENTS TO THE SURVIVING SPOUSE, THE OTHERWISE APPLICABLE 12 PROVISIONS OF SECTION TWENTY-ONE OF THE RULES AND REGULATIONS SHALL 13 GOVERN. 14 (D) FOR THE PURPOSES OF SECTION TWENTY-THREE OF THE RULES AND REGU- 15 LATIONS, WITH RESPECT TO A MEMBER OF THE BOARD OF EDUCATION RETIREMENT 16 SYSTEM TO WHICH SUCH SECTION TWENTY-THREE IS OTHERWISE APPLICABLE, THE 17 TERMS "HUSBAND" AND "WIFE", AS USED IN SECTION TWENTY-THREE OF THE RULES 18 AND REGULATIONS, SHALL BE DEEMED TO INCLUDE THE DOMESTIC PARTNER, AS 19 DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION 1-112 OF THE ADMINISTRATIVE 20 CODE OF THE CITY OF NEW YORK, OF SUCH MEMBER. 21 S 38. This act shall take effect immediately; provided that the amend- 22 ments made by sections three, six, seven, ten, eleven, thirteen, 23 sixteen, seventeen, eighteen, nineteen, twenty, twenty-four, twenty-sev- 24 en, twenty-eight, twenty-nine, thirty-two, thirty-five and thirty-seven 25 of this act shall be applicable to the death of any member which occurs 26 on or after the effective date of this act. FISCAL NOTE.--PROVISIONS OF LEGISLATION: This proposed legislation would amend many sections of the Administrative Code of the City of New York ("ACNY"), several sections of the Retirement and Social Security Law ("RSSL"), add a new Subdivision 26 to Section 2575 of the Education Law ("Ed Law") and add a new Subdivision j to Section 208-f of the General Municipal Law ("GML") to establish the rights and benefits for certain domestic partners (hereafter referred to as "DPs" and, in accordance with the definition of DP set forth in the proposed legis- lation, covering more than just registered DPs) of members of the New York City Retirement Systems ("NYCRS").{1} The Effective Date of the proposed legislation would be the date of enactment. SECTIONS OF LAW BEING AMENDED: If enacted, the proposed legislation would establish rights and benefits for DPs in the following sections of law: NYCRS GROUPS IMPACTED LAW PROVISIONS MODIFIED ACNY SECTION CHANGES NYCRS All 1-112.21, 3-240.a NYCERS (Tiers I, II) 13-101.67,13-149.a, 13-149.b, 13-177, 13-184 (All Tiers) NYCRS (Tiers I, II) 12-125 POLICE (All Tiers) 13-244, 13-253, 13-261.a, 13-261.2, 13-261.3, 13-267 FIRE (All Tiers) 13-347.c, 13-355, 13-355.b, 13-355.c, 13-369.a, 13-369.d, 13-369.1, 13-370.a, 13-370.e, 13-370.1, 13-379 Fire Life Insurance Fund 13-380.d, 13-380.f A. 9080--A 19 NYCTRS (Tiers I, II) 13-544.b, 13-565.c NYCRS (All Tiers) 13-696.g RSSL SECTION CHANGES NYCERS, NYCTRS, BERS (Tier III) 501.7, 514.a, 514.c (Tier IV) 601.d, 610.b ED LAW SECTION CHANGE BERS (All Tiers) 2575.26 GML SECTION CHANGE NYCERS, POLICE, FIRE 208-f.j DEFINITION OF DOMESTIC PARTNER: With respect to the NYCRS provisions which are based on the ACNY, the specific details defining and setting out the limits of DP relationships in Sections 1-112.21 and 3-240 are as follows: ACNY SECTION 1-112.21 A DP is a person who, with respect to another person: * Is formerly a party in a domestic partnership or similar relation- ship and is registered as a domestic partnership pursuant to: ** ACNY Section 3-240, or ** In accordance with Executive Order Number 123 dated August 7, 1989 ("ExecO-89"), or ** In accordance with Executive Order Number 48 dated January 7, 1993 ("ExecO-93"), or * Is formally recognized as a beneficiary or covered person under the other person's employment benefits or health insurance, or * Is dependent or mutually interdependent on the other person for support, as evidenced by the totality of the circumstances indicating a mutual intent to be DPs including but not limited to: common ownership or joint leasing of real or personal property, common householding, shared income or shared expenses, children in common, signs of intent to marry or become domestic partners according to the definitions above. ACNY SECTION 3-240.A ACNY Section 3-240.a promulgated under New York City (the "City") Local Law 27 of the Laws of 1998 (as amended in Calendar Year 2002) further defines DP, who qualifies as a registered DP, confidentiality of DP information, issuance of City Clerk DP Certification and special DP situations. * DP DEFINITION In addition to DPs who register under ExecO-89 and ExecO-93, DPs include relationships entered into in jurisdictions other than New York State ("NYS") which are not recognized by NYS, as follows: **Members of a marriage, **Domestic partners, and **Members of a civil union. * CONDITIONS TO BE REGISTERED AS A DP All of the following conditions need to be satisfied to be registered: 1. Both persons are either: NYS residents or one person is employed by the City, 2. Both persons are at least 18, 3. Neither of the persons is married, 4. Neither person is in another DP relationship or has been in another DP relationship within the 6 months before current registration, 5. Neither person is related by blood that would otherwise bar marriage in NYS (as stipulated in Section 502-6 of the NYS Domestic Relations Law), A. 9080--A 20 6. The persons have a close and committed relationship, live together and have been living together on a continuous basis, and 7. Both persons must register in person together by executing an affi- davit to be submitted to the City Clerk which will be maintained in a registry (excepting if one person is in prison, in a hospital or unable to travel due to disability which will require whatever substantiations as deemed necessary by the City Clerk). * TERMINATION - DP RELATIONSHIP A DP relationship is deemed to be terminated: If one of the DPs files a termination statement with the City Clerk that is signed by both DPs. If only signed by one DP, the other DP must be notified of such termination by a registered letter with a return receipt requested, or If one of the DPs marries. * ISSUANCE OF DP CERTIFICATE OR DP REGISTRATION The City Clerk will issue a certificate of DP registration ("C-DPR") provided the applicants meet the requirements. Such C-DPR will consti- tute proof of DP registration for: ** Leave of Absence from the City for bereavement or child care, ** Visitation at City Correctional and juvenile facilities, ** Visitation at City Health and Hospital facilities, ** Eligibility to qualify as a family member to an existing tenancy as a permanent resident, ** Eligibility to qualify as a family member to succeed in tenancy or occupancy in buildings supervised or under jurisdiction of the Depart- ment of Housing Preservation and Development, ** Eligibility for City health benefits available to City employees and retirees, or ** Any other rights or benefits established pursuant to applicable law. IMPACT ON BENEFITS: Currently, DPs for other than being a named bene- ficiary of a NYCRS member do not have any special entitlement or rights under the NYCRS. With respect to the NYCRS, if the proposed legislation were enacted, the following rights, benefits are/or options would be made available to DPs (Law Sections changed relate to the specific NYCRS as noted above): RIGHT TO CHANGE OPTION (ACNY: 12-125, 13-261.3, 13-369.1, 13-370.1, 13-565.c) If a NYCRS (except BERS) Tier I or Tier II retiree nominates a DP as a joint and survivor beneficiary under Option 2, Option 3 or Option 4, then if such DP ceases to retain such relationship with the retiree for reasons other than death, then the applicable NYCRS Board of Trustees or Retirement Board would be permitted to change the benefit back to the maximum benefit with the consent of all parties. INCLUDE DP IN CERTAIN DEFINITIONS With respect to the terminology used in the ACNY, Ed Law, GML and RSSL, DP is supposed to be included in the following definitions: "Authorized Representative" - ACNY: 13-101 "Eligible Beneficiary" - RSSL: 501.7, 601.d "Spouse" - RSSL: 514.a "Surviving Beneficiary" - RSSL: 514.c, 610.b "Widow," "Widower," "Husband/Wife" - Ed Law: 2575.26, GML 208-f.j ACCIDENTAL DEATH BENEFIT ("ADB") (ACNY: 13-149, 13-244, 13-347, 13-544.b, Ed Law: 2575.26) Upon the death of a Tier I or Tier II NYCRS member which is determined to have been accidental and in the Line-of-Duty{2} ("LOD"), DPs would A. 9080--A 21 become eligible to receive the ADB of the Increased-Take-Home-Pay ("ITHP") plus a pension of 50% of the member's final compensation (as limited in Tier II positions under RSSL Section 443) payable until death, marriage or entering into another DP relationship (except in POLICE and FIRE). Also, in certain NYCRS the surviving spouse ADB pension would be amended to also not be payable if such surviving spouse entered into a DP relationship. Such DP ADB would precede any ADB that would have otherwise been paya- ble to the deceased member's children or dependent parents. Thus, the ADB pension benefits otherwise payable to: * Eligible surviving children under age 18 (if there were no eligible surviving spouses), * Surviving dependent parents (if there were no surviving spouse or eligible children under age 18), or * The designated person duly elected or named by written election (if there were no surviving spouse, no eligible children under age 18, and no dependent parents) could only become payable if there were no surviving DP. SPECIAL ACCIDENTAL DEATH BENEFIT ("SADB") (GML: 208-f.j) The NYS SADB for those eligible NYCRS members who die in the LOD would become payable to DPs (who are in receipt of a City ADB) for life provided at the time of the member's death. Because of the precedence of existing law, the payability of the NYS SADB to a DP may be contingent on there being no surviving spouses or eligible surviving children under age 18 (students under age 23). ELIGIBILITY FOR RETIREMENT OPTION (ACNY: 13-101, 13-177, 13-261.a, 13-369.a, 13-370) The DP is eligible to receive the Tier I or Tier II NYCRS (except BERS) member's retirement allowance in the event the member becomes incompetent prior to the first monthly payment being made. The DP can elect a respective actuarial equivalent form of payment from among four options. Additionally, the Tier I or Tier II NYCRS (except BERS) member can elect to have the DP as a beneficiary under each of the options avail- able. EXCEPTION TO OPTION RESTRICTION (RSSL: 514.c, 610.b) No option shall be permitted whereby the member would receive less than fifty percent of the pension reserve during the member's life expectancy. This statement will not apply if the surviving beneficiary is a spouse or DP of a Tier III or Tier IV member of NYCERS, TRS or BERS. LIMITATION OF OTHER CITY-PROVIDED BENEFITS (ACNY: 13-184, 13-267, 13-379) No other laws which provide for pensions at the expense (in part or in total) of the City would apply to the benefits payable to a member's DP under a specific NYCRS. Nothing prevents a member after retirement from a particular NYCRS from earning another benefit from a different NYCRS and provide such benefit to his/her DP. DEPENDENT DEATH BENEFIT (ACNY: 13-253, 13-355, 13-355.b, 13-355.c) A DP would become eligible for a $600 (elected by the member) annual death benefit from POLICE or FIRE. Such amount is subject to adjustment by the Board of Trustees, if there are other eligible recipients such as surviving children under 18 or dependent parents. A. 9080--A 22 Such DP $600 benefit would cease on death, marriage or new DP relationship. For surviving spouses who would be eligible if there were no other eligible recipients, the $600 benefit would cease on death, marriage or entrance into a DP relationship. 30-DAY OPTION ELECTION FOR DEATH AFTER FILING FOR DISABILITY RETIRE- MENT (ACNY: 13-261.2, 13-370.e) If a POLICE or FIRE member, otherwise eligible for Ordinary Disability Retirement or Accidental Disability Retirement, dies within 30 days of having filed for such retirement and such disability was directly related to such member's death, the surviving DP would have 30 days from the date of receipt of Board of Trustees notification to elect an optional mode of payout. COVERAGE FOR COLA PAYMENTS (ACNY: 13-696.g) With respect to the payment of the Cost-of-Living Adjustment ("COLA"), DPs, as of a member's retirement date, would be considered as surviving spouses for recipients of ADB and as eligible surviving spouse benefici- aries of deceased retirees whose retirement allowance were payable on a joint and survivor option. As such, any COLA that would otherwise be payable to the surviving spouse would first become payable to DPs begin- ning September 2010. FIRE LIFE INSURANCE FUND (ACNY: 13-380.d, 13-380.f) A DP could become the recipient of Fire Life Insurance Fund ("FLIF") benefits payable upon the death of the active or retired FIRE member. Any FLIF benefits payable to a DP would be reduced for any unpaid member FLIF premiums. DP PROVISIONS VALUED IN FISCAL NOTE: With respect to the changes in benefits and provisions noted above, this Fiscal Note limits the devel- opment of additional costs to the provisions which govern the additional City ADB and Spousal COLA benefits payable to DPs. ADDITIONAL ACTUARIAL PRESENT VALUE OF BENEFITS AND EMPLOYER COSTS: Insofar as this proposed legislation relates to the NYCRS, the addi- tional Actuarial Present Values of Benefits ("APVB") cannot be readily determined. It would depend on the number, salaries, ages, lengths of service and ages at death of members and the survivorship of their DP beneficiaries who will be affected by this proposed legislation. However, based upon the actuarial assumptions used for this Fiscal Note, and taking into account those benefits that were valued as described in this Fiscal Note, the enactment of this proposed legis- lation would increase the APVB for the NYCRS, which, if funded over the future working lifetimes of NYCRS members, would result in increased annualized costs, as follows: ======================================================================== Table 1 Estimated Financial Impact to Establish Rights and Benefits for Certain Domestic Partners of NYCRS Members ($ Thousands) ________________________________________________________________________ Estimated Retirement System First Year or Pension Increase In Additional Fund APVB* Employer Cost** ________________________________________________________________________ NYCERS $ 6,642 $ 864 NYCTRS 2,319 234 A. 9080--A 23 BERS 356 45 POLICE 626 86 FIRE 829 95 _______ ______ Total $10,772 $1,324 ======================================================================== * As of June 30, 2008 based on the actuarial assumptions as noted here- in. ** Effective Fiscal Year 2010 if enacted and signed by the Governor on or before June 30, 2010. ADDITIONAL EMPLOYER COSTS - GENERAL: In general, the real cost of the enactment of this proposed legislation would be the additional benefits paid. FINANCIAL IMPACT - ADDITIONAL EMPLOYER CONTRIBUTIONS - FISCAL YEARS 2010 AND LATER: If this proposed legislation were enacted during the current Legislative Session on or before June 30, 2010, the Actuary's revised actuarial assumptions and methods reflecting probabilities of payment of Accidental Death noted herein were in effect, then the enact- ment of this proposed legislation would increase annual employer costs to the NYCRS beginning Fiscal Year 2010. If the Actuary's revisions in these actuarial assumptions are delayed, then increased employer contributions to the NYCRS are first impacted by the actuarial experience losses recognized during the Fiscal Year following the death of NYCRS members where payments continue to a DP. However, the timing and amount of additional employer contributions attributable to the enactment of this proposed legislation will depend mostly upon three factors: * First, the point in time when the Actuary revises actuarial assump- tions to reflect that certain active members and retired members who now would be expected to leave to their beneficiaries the payment of Acci- dental Death Benefits, would in the future be leaving these same death benefits to their respective DPs. * Second, the point in time at which the Actuary revises actuarial assumptions to reflect possible, further, increased expectations for the payment of Spousal COLA benefits to DPs. * Third, the impact on employer contributions of any actuarial gains or losses attributable to additional Accidental Death Benefits and the additional payment of Spousal COLA benefits to DPs. UNMEASURED ADDITIONAL COSTS: The additional APVB and employer contrib- utions attributable to additional Accidental Death Benefits and Spousal COLA Benefits shown herein are based on data described in the CENSUS DATA section of this Fiscal Note using the actuarial assumptions and methods as noted herein. Additional APVB and employer contributions attributable to any other additional benefits payable/available described in the IMPACT ON BENE- FITS section other than ADB and Spousal COLA benefits to DPs have not been estimated. No estimate has been made of the cost impact to the State of New York for the payment of Special Accidental Death Benefits that may become payable to DPs. In addition, no estimate has been made for potential increased medical benefits, administrative or other costs. A. 9080--A 24 CENSUS DATA: The census data used in these calculations are based on the active and retired members included in the June 30, 2008 actuarial valuations of the NYCRS. ACTUARIAL ASSUMPTIONS AND METHODS: The actuarial assumptions and meth- ods used to determine additional APVB and additional employer contrib- utions are the actuarial methods used in the June 30, 2008 (Lag) actuar- ial valuations of the NYCRS for use in determining Fiscal Year 2010 employer contributions. With respect to the current actuarial assumptions used to determine ongoing employer contributions, the Actuary assumes that 100% of the members are married. For purposes of estimating the coverage of DPs for certain benefit rights in this Fiscal Note, it was first necessary to break down the group of active members into different categories. It was assumed that 60% of members are married with a surviving spouse and ADB eligible children, 15% of members are married with no ADB eligi- ble children to collect benefits, 5% of members are married with no spouse but have ADB eligible children and the balance, or 20% of members, have no spouse or ADB eligible children. From the groups representing 5% of members with ADB eligible children only and the 20% of members without eligible spouse or ADB eligible children, it was assumed that 40% such members would have DPs (i.e., 2% of members with ADB eligible children only and 8% of members who have no spouse or ADB eligible children). For the profile of DPs relative to the members, it was assumed that 75% would be of the opposite sex to the member where males are assumed to be 3 years older relative to females. For the 25% of members with the same sex DPs, it was assumed that member and DP were the same age. In order to determine the increase in APVB, it was necessary to devel- op a new baseline of liabilities which takes into account the creation of different categories of active members as noted above from the current 100% assumed married assumption. For members who die before attainment of age 37 with surviving spouses and ADB eligible children, it was assumed that the ADB would be guaran- teed to be paid for at least 25 years and then there would be a continu- ing annuity for the balance of the surviving spouse's lifetime after 25 years. For members who die on and after attainment of age 37 with spouse and ADB eligible children, it was assumed that the ADB would be paid for the greater of the lifetime of the spouse or for a guaranteed number of years equal to the number of years between a member's age at death and age 62. For the 5% of members with no surviving spouse but with ADB eligible children, it was assumed that for members dying before attainment of age 37, the ADB would be paid on a term certain basis for 25 years. For members dying on and after attainment of age 37, the ADB would be paid on a term certain basis until the year the member would have attained age 62. Thus, any member in this category who dies after age 62 was assumed to provide no ADB. Because the number of Tier I and Tier II NYCRS members who could possibly benefit for DP ADB was minimal, no additional liabilities for such benefits were developed with respect to these members. In order to develop the impact of DPs on the Spousal COLA benefits that would become payable, it was necessary to assess the different situations in which such benefit would become payable (i.e., for the A. 9080--A 25 surviving spouse under an optional mode of payout based on a joint survivor contingency elected at point of retirement). Such joint and survivor ("J & S") contingencies are available at Service Retirement ("SR"), Ordinary Disability Retirement ("ODR") and Accidental Disability Retirement ("ADR"). For each NYCRS the following percentages represent the elections of all existing retirees as of June 30, 2004 who chose joint and survivor option coverage: ======================================================================== Percentage of NYCRS Members Who Elect Joint and Survivor Coverage at Different Types of Retirement ------------------------------------------------------------------------ NYCERS NYCTRS BERS POLICE FIRE Type of M* F* M* F* M* F* M* F* M* F* Retirement Service 36% 5% 51% 20% 55% 5% 8% 2% 4% 0% Ordinary Disability 5% 5% 25% 11% 39% 8% 5% ** 5% 0% Accidental Disability 10% 4% 47% 17% 46% 8% 7% ** 6% 0% ======================================================================== * M - retired members who are male, F - retired members who are female. ** Percentage less than 1%. By utilizing the assumptions for the percentage of benefits at each type of retirement payable in the form of J & S annuities, 5% of those electing J & S forms of benefit are assumed to be payable upon death of the retirement member to his elected DP. Then, surviving DPs would be eligible for the Spousal COLA benefits upon the death of the retired member. Additional annual employer costs have been estimated assuming the additional APVB are financed through future normal contributions under the Actuary's One-Year Lag methodology. With respect to the age and mortality of DP beneficiaries for measur- ing APVB and employer cost in this Fiscal Note, it was assumed that the ages of the DP would be 3 years older for males relative to females except in NYCTRS where they were assumed to be the same age. The DP beneficiary mortality was generally taken from the NYCERS Clerks mortality tables. However, for NYCTRS beneficiaries, mortality was based on the NYCTRS mortality tables. For purposes of developing the APVB and employer costs for Fiscal Year 2010, it was assumed that the percentage of liabilities representing the increase in APVB for each NYCRS originally established as of June 30, 2004 would remain the same. STATEMENT OF ACTUARIAL OPINION: I, Robert C. North, Jr., am the Chief Actuary for the New York City Retirement Systems. I am a Fellow of the Society of Actuaries and a Member of the American Academy of Actuaries. I meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. FISCAL NOTE IDENTIFICATION: This estimate is intended for use only during the 2010 Legislative Session. It is Fiscal Note 2010-10, dated March 24, 2010, prepared by the Chief Actuary for the New York City Employees' Retirement System, the New York City Teachers' Retirement A. 9080--A 26 System, the New York City Board of Education Retirement System, the New York City Police Pension Fund and the New York City Fire Pension Fund. {1} New York City Employees' Retirement System ("NYCERS") New York City Teachers' Retirement System ("NYCTRS") New York City Board of Education Retirement System ("BERS") New York City Police Pension Fund ("POLICE") New York City Fire Pension Fund ("FIRE") {2} This includes instances where such active member was deemed to have died in the LOD while on active duty for other than training purposes with the US armed forces on or after June 19, 2005.