New York Laws
Title 12 - Miscellaneous Provisions; Saving and Construction Clauses
111-A - Bonds Required in Certain Cases.

§ 111-a. Bonds required in certain cases. a. In any case where, by
order of a court of competent jurisdiction, the retirement system is
required to pay over a benefit which is payable in installments and
which is predicated upon the life of a beneficiary, to a payee other
than the recipient who ordinarily would have taken the benefit pursuant
to the provisions of this article, such payee must file a bond. The bond
shall be in favor of the comptroller as administrative head of the
retirement system and shall indemnify him against loss by reason of
excess payments to such payee, after benefits have ceased to become
payable for any reason whatsoever.

The amount of the bond shall be fixed by the court in a sum not less
than the total amount such payee is expected to take for a period of two
years. The bond with at least two sureties must be approved by the
court. It must be filed with the clerk of the court and a certified copy
thereof served upon the comptroller. Before the bond shall be approved
there shall be filed in the court by every surety an acknowledged
instrument wherein the surety designates the clerk of the court and his
successors in office as a person upon whom service of any process
issuing from the court may be made in like manner and with like effect
as if served personally upon the surety, whenever such surety after the
exercise of due diligence cannot be found and served within the state of
New York.

Insofar as they are consistent with this article, the provisions of
law relating to bonds and undertakings in a civil action in the supreme
court shall apply to bonds required by this subdivision.

b. Notwithstanding any provisions to the contrary in subdivision a of
this section, if the retirement system is required to pay over a benefit
which is payable in installments and which is predicated upon the life
of a beneficiary, to a payee other than the recipient who ordinarily
would have taken the benefit pursuant to the provisions of this chapter,
such payee shall not be required to file a bond or any other undertaking
where such payment is required by order of a court of competent
jurisdiction as the result of an action or proceeding for equitable
distribution, alimony, maintenance or child support pursuant to article
three-A or thirteen of the domestic relations law, article four of the
family court act, title six-A or six-B of article three of the social
services law, section fifty-two hundred forty-two of the civil practice
law and rules, or by an income execution issued pursuant to section
fifty-two hundred forty-one of the civil practice law and rules.

Upon the payment of such benefit, the retirement system shall be
relieved and held harmless from any and all liability for any claim of
excess payment which exists at the time with reference to such benefit
or may thereafter be made on account of such benefit.