Requires the court to treat the date of dissolution as if a spouse retired from employment with New York state when calculating the distribution of a pension

2025 Regular Session Introduced by Josh Jensen

The bill requires courts to treat divorce pension divisions for NY state employees as if the date of dissolution is the retirement date, affecting how pensions are valued and alloc

PRINT NUMBER 9593A

Summary of Bill A.9593-A (2025-2026) — New York

Purpose and Intent

The bill amends New York Domestic Relations Law to adjust how pension rights are distributed at the time of divorce for individuals who work for the State of New York.

Specifically, it requires the court to treat the date of dissolution as if a state employee had already retired when calculating the division of a New York state pension.

Key Provisions

Section 1: Amendment to Domestic Relations Law, Subparagraph 4 of paragraph d of subdivision 5 of part B of section 236.

Current language (as of prior law): Addresses loss of inheritance and pension rights upon dissolution of marriage as of the date of dissolution.
New requirement: When calculating pension rights, the court must consider the dissolution date for state employees the same as if that person had retired from the State of New York.

Section 2: Effective Date

The act becomes law 60 days after enactment.
Applies to divorces where the retiree retires on or after the effective date.

Who Would Be Affected

Divorces involving spouses who are employed by the State of New York and who have or will have pension rights under the state pension system.

Courts handling such divorces, as they will implement the “retired for the state” treatment in pension distribution calculations.

Procedural and Timeline Aspects

Effective Date: The bill takes effect 60 days after it becomes law.

Application Timing: Applies to pension distributions in divorces where the retirements occur on or after the effective date.

Potential Impacts

Pension Distribution: Could alter how pension rights are valued and allocated between spouses in a divorce, potentially treating the date of dissolution as if state employment had already ended (retirement) for calculation purposes.

Clarity for State Workers: Provides a uniform rule for state employees, aligning dissolution calculations with retirement status for pension distribution.

Judicial Considerations: Requires state domestic relations courts to apply the retirement-equivalent treatment when determining pension division.

Additional Notes

The bill was introduced by Assembly member Jensen and co-sponsored by Josh Jensen.

It was amended and reprinted as A.9593-A and referred to the Judiciary Committee, with subsequent action to re-refer for committee considerations as of the latest update.