2023 New York Laws › EPT - Estates, Powers and Trusts › Article 13 - Other Provisions Affecting Estates › Part 3 - Miscellaneous Provisions › 13-3.2 - Rights of Beneficiaries of Pension, Retirement, Death Benefit, Stock Bonus and Profit-Sharing Plans, Systems or Trusts and of Beneficiaries of Annuiti

§ 13-3.2  Rights of beneficiaries of pension, retirement, death benefit,
stock bonus and profit-sharing plans, systems or  trusts  and
of  beneficiaries  of  annuities  and  supplemental insurance
contracts
(a) If  a  person  is  entitled  to  receive  (1)  payment  in  money,
securities or other property under a pension, retirement, death benefit,
stock bonus or profit-sharing plan, system or trust or (2) money payable
by  an  insurance  company  or  a savings bank authorized to conduct the
business of life insurance under an annuity or pure  endowment  contract
or  a policy of life, group life, industrial life or accident and health
insurance, or if a contract made by such  an  insurer  relating  to  the
payment  of  proceeds  or avails of such insurance designates a payee or
beneficiary to receive such payment upon the death of the person  making
the  designation  or  another,  the  rights  of  persons  so entitled or
designated and the ownership of  money,  securities  or  other  property
thereby  received  shall  not  be impaired or defeated by any statute or
rule of law  governing  the  transfer  of  property  by  will,  gift  or
intestacy.
(b)  This section does not limit article 10 of the debtor and creditor
law, articles 10-C and 26 of the tax law, or 2-1.8, 5-1.1-A or 13-3.6.
(c) Paragraph (a) applies  although  a  designation  is  revocable  or
subject  to  change  by the person who makes it, and although the money,
securities or other property receivable thereunder are not  yet  payable
at  the  time  the  designation  is  made  or are subject to withdrawal,
collection or assignment by the person making the designation.
(d) A person entitled to receive payment includes:
(1) An  employee  or  participant  in  a  pension,  retirement,  death
benefit, stock bonus or profit-sharing plan, system or trust.
(2)  The  owner or person purchasing an annuity, the person insured or
the person effecting insurance, the person effecting a contract relating
to payment of the proceeds or avails of a  policy  of  insurance  or  an
annuity or pure endowment contract.
(3)  Any  person  entitled  to receive payment by reason of a payee or
beneficiary designation described in this section.
(e) A designation of a beneficiary or payee to  receive  payment  upon
death  of  the  person making the designation or another must be made in
writing and signed by the person making the designation and be:
(1) Agreed to by the employer or made in  accordance  with  the  rules
prescribed  for  the  pension, retirement, death benefit, stock bonus or
profit-sharing plan, system or trust.
(2) Agreed to by the insurance company or the savings bank  authorized
to conduct the business of life insurance, as the case may be.
(f)  This section applies to designations heretofore or hereafter made
by persons who die on or after the date this section takes effect.  This
section does not invalidate any contract or designation which  is  valid
without regard to this section.