Bill Text: NY A03564 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that for members of a public pension or retirement system, accrued benefits shall not be diminished or impaired except as authorized and prescribed by the legislature.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2024-01-26 - opinion referred to judiciary [A03564 Detail]

Download: New_York-2023-A03564-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3564

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

        Introduced by M. of A. FITZPATRICK, TAGUE -- Multi-Sponsored by -- M. of
          A.  MANKTELOW, MORINELLO -- read once and referred to the Committee on
          Governmental Operations

                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

        proposing an amendment to section 7 of article 5 of the constitution, in
          relation to the calculation of pension benefits for public employees

     1    Section 1. Resolved (if the Senate concur), That section 7 of  article
     2  5 of the constitution be amended to read as follows:
     3    §  7.  (a) After July first, nineteen hundred forty, membership in any
     4  pension or retirement system of the state or of a civil division thereof
     5  shall be a contractual relationship, the accrued benefits of  which,  as
     6  defined by law, shall not be diminished or impaired.
     7    (b)  Notwithstanding  subdivision  (a)  of  this  section,  the public
     8  pension of a public  officer,  as  defined  in  paragraph  (c)  of  this
     9  section,  who  stands  convicted of a felony for which such felony has a
    10  direct and actual relationship to the performance of  the  public  offi-
    11  cer's existing duties, may be reduced or revoked, following notice and a
    12  hearing by an appropriate court, as provided by law.  The court determi-
    13  nation  whether  to  reduce or revoke such pension shall be based on the
    14  consideration of factors including the severity of  the  crime  and  the
    15  proportionality  of  a  reduction  or revocation of such pension to such
    16  crime. When a court issues an order to reduce or  revoke  such  pension,
    17  the  court  shall  consider  and  determine  specific findings as to the
    18  amount of such forfeiture, if any, and whether forfeiture, in  whole  or
    19  in  part,  would  result  in  undue  hardship or other inequity upon any
    20  dependent children, spouse or other dependents;  and  other  factors  as
    21  provided  by law.   The legislature shall enact legislation to implement
    22  this amendment taking into account interests of justice.
    23    (c) For the purposes of  paragraph  (b)  of  this  section,  the  term
    24  "public  officer"  shall mean: (i) an official filling an elected office
    25  within the state; (ii) a holder of office filled by  direct  appointment
    26  by  the  governor of this state, either upon or without senate confirma-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89085-01-3
        A. 3564                             2

     1  tion; (iii) a county, city, town or village  administrator,  manager  or
     2  equivalent  position;  (iv)  the  head  or  heads  of any state or local
     3  government department, division, board, commission, bureau, public bene-
     4  fit  corporation,  or public authority of this state who are vested with
     5  authority, direction and control over such department, division,  board,
     6  commission,  bureau, public benefit corporation or public authority; (v)
     7  the chief fiscal officer or treasurer of any  municipal  corporation  or
     8  political  subdivision  of  the  state;  (vi)  a judge or justice of the
     9  unified court system; and (vii) a legislative,  executive,  or  judicial
    10  employee of this state who directly assists in the formulation of legis-
    11  lation,  rules, regulations, policy, or judicial decision-making and who
    12  is designated as a policymaker as set forth in statute.
    13    (d) Paragraph (b) of this section shall only apply to crimes committed
    14  on or after the first of January next succeeding the date upon which the
    15  people shall approve and ratify the amendment to the  constitution  that
    16  added this paragraph.
    17    §  2. Resolved (if the Senate concur), That the foregoing amendment be
    18  referred to the first regular legislative session  convening  after  the
    19  next  succeeding  general  election  of members of the assembly, and, in
    20  conformity with  section  1  of  article  19  of  the  constitution,  be
    21  published for 3 months previous to the time of such election.