2023 New York Laws › RSS - Retirement and Social Security › Article 8 - New York State and Local Police and Fire Retirement System › Title 13 - Miscellaneous Provisions; Saving and Construction Clauses › 412 - Bonds Required in Certain Cases.

§  412.  Bonds  required  in certain cases.   a. In any case where, by
  order of  a  court  of  competent  jurisdiction,  the  police  and  fire
  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  police and fire retirement system and shall indemnify him
  against loss by reason of excess payment, to such payee, after  benefits
  have ceased to become payable for any reason whatsoever.
The  amounts 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.