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Bill

A 7949

Permits surviving spouses of certain retirement plan members to retain certain benefits upon remarriage

2025 Regular Session Introduced by Stacey Pheffer Amato

NY bill removes remarriage penalties for surviving spouses of public retirement plan members, allowing them to keep survivor benefits after remarrying.

SUBSTITUTED BY S7314C
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Bill Summary · A 7949

Legislative bill overview

Assembly Bill A7949 permits surviving spouses of certain New York retirement plan members to retain spousal and survivor benefits even if they remarry. Currently, many public employee retirement systems terminate these benefits upon remarriage, creating a financial penalty for widowed spouses who choose to remarry. This bill removes that restriction for eligible beneficiaries.

Why is this important

Survivor benefits from public retirement plans often represent a significant portion of a surviving spouse's income security. The remarriage penalty creates a financial disincentive to remarry and can trap lower-income widowed spouses in difficult economic circumstances. Removing this penalty aligns New York law with evolving social policy that recognizes remarriage as a personal choice rather than grounds for losing earned benefits.

Potential points of contention

  • Fiscal impact: Removing remarriage penalties expands benefit obligations for public retirement systems, potentially increasing costs to taxpayers or requiring adjustments to pension funding
  • Scope and equity questions: The bill applies to "certain" retirement plan members—the criteria for inclusion may create inconsistencies or leave some public employees' surviving spouses without the same protection
  • System administration: Tracking remarriage status and maintaining benefit eligibility across multiple marital transitions adds administrative complexity to retirement systems

Compiled from official sources — confirm details with the bill’s official record.

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