Bill Text: NY A04643 | 2015-2016 | General Assembly | Amended

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Bill Title: Proposes the removal of pension and retirement benefits from persons convicted of certain felonies.

Spectrum: Moderate Partisan Bill (Republican 32-4)

Status: (Introduced - Dead) 2016-02-05 - opinion referred to judiciary [A04643 Detail]

Download: New_York-2015-A04643-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4643--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 5, 2015
                                      ___________
       Introduced by M. of A. STEC, WALTER, DUPREY, CROUCH, LALOR, FINCH, RAIA,
         MONTESANO,  BARRETT,  BORELLI,  BARCLAY,  LUPINACCI, McKEVITT, FITZPA-
         TRICK, KEARNS,  DiPIETRO,  McLAUGHLIN,  CURRAN,  HAWLEY,  MALLIOTAKIS,
         GOODELL, CORWIN, BLANKENBUSH, NOJAY, OAKS, KOLB, RA, TEDISCO, LOPEZ --
         Multi-Sponsored  by  --  M.  of  A. BUTLER, KATZ, McDONALD, McDONOUGH,
         TENNEY, THIELE -- read once and referred to the Committee  on  Govern-
         mental  Employees  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
                   CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
       proposing an amendment to section 7 of article 5 of the constitution, in
         relation to removal of pension and retirement  benefits  from  persons
         convicted of certain felonies
    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    S  7.  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 benefits of which shall not  be
    6  diminished or impaired EXCEPT IN INSTANCES WHERE THE MEMBER IS CONVICTED
    7  OF  ANY FELONY OFFENSES AS DEFINED BY STATE OR FEDERAL LAW AND WHEN THAT
    8  OFFENSE WAS DIRECTLY RELATED TO ASSIGNED  DUTIES  WHILE  SERVING  AS  AN
    9  ELECTED  OFFICIAL, OR OFFICER OF THE STATE OR OF A CIVIL DIVISION THERE-
   10  OF. IN SUCH A CASE THE CONTRACTUAL RELATIONSHIP WILL BE DEEMED  TO  HAVE
   11  BEEN  SEVERED BY THE BENEFICIARY DUE TO THEIR BREACH OF THE PUBLIC TRUST
   12  AND VIOLATION OF THEIR OATH OF OFFICE. THE PROVISIONS  OF  THIS  SECTION
   13  SHALL NOT PRECLUDE ANY STATE OR LOCAL OFFICER FROM RECEIVING A REFUND OF
   14  ANY  CONTRIBUTIONS MADE BY SUCH OFFICER TO A PUBLIC RETIREMENT SYSTEM OR
   15  PENSION PLAN.
   16    S 2. Resolved (if the Senate concur), That the foregoing amendment  be
   17  referred  to  the  first regular legislative session convening after the
   18  next succeeding general election of members of  the  assembly,  and,  in
   19  conformity  with  section  1  of  article  19  of  the  constitution, be
   20  published for 3 months previous to the time of such election.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD89060-02-5