Bill Text: NY A10739 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to providing for the reduction or revocation of the public pension of a public officer; authorizes the court to determine whether to reduce or revoke such pension based on the defined terms, and to consider and determine specific findings as to the amount of such forfeiture, if any, and whether forfeiture in whole or in part would result in undue hardship or other inequity upon any dependent children, spouse or other dependents; makes related provisions.

Sponsorship: Moderate Partisan Bill (Democrat 37-7)

Status: (Introduced - Dead) 2016-06-17 - substituted by s8163 [A10739 Detail]

Download: New_York-2015-A10739-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                        10739--A
                   IN ASSEMBLY
                                      June 17, 2016
                                       ___________
        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Buchwald,
          Morelle, Barrett, Brindisi, Fahy, Galef,  Lavine,  Lupardo,  McDonald,
          Otis, Russell, Sepulveda, Skoufis, Stirpe, Zebrowski, Paulin, Woerner,
          Steck,  Santabarbara,  Quart,  Thiele,  Stec,  Ortiz,  Magee,  Gjonaj,
          Kearns, Ceretto, Jaffee, Rozic, Peoples-Stokes, DenDekker,  Montesano,
          Bronson,  Schimminger)  --  read once and referred to the Committee on
          Judiciary -- 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 the public pension of a public officer
     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 benefits of which shall not be
     6  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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89134-08-6
        A. 10739--A                         2
     1  within  the  state; (ii) a holder of office filled by direct appointment
     2  by the governor of this state, either upon or without  senate  confirma-
     3  tion;  (iii)  a  county, city, town or village administrator, manager or
     4  equivalent  position;  (iv)  the  head  or  heads  of any state or local
     5  government department, division, board, commission, bureau, public bene-
     6  fit corporation, or public authority of this state who are  vested  with
     7  authority,  direction and control over such department, division, board,
     8  commission, bureau, public benefit corporation or public authority;  (v)
     9  the  chief  fiscal  officer or treasurer of any municipal corporation or
    10  political subdivision of the state; (vi)  a  judge  or  justice  of  the
    11  unified  court  system;  and (vii) a legislative, executive, or judicial
    12  employee of this state who directly assists in the formulation of legis-
    13  lation, rules, regulations, policy, or judicial decision-making and  who
    14  is designated as a policymaker as set forth in statute.
    15    (d) Paragraph (b) of this section shall only apply to crimes committed
    16  on or after the first of January next succeeding the date upon which the
    17  people  shall  approve and ratify the amendment to the constitution that
    18  added this paragraph.
    19    § 2. Resolved (if the Senate concur), That the foregoing amendment  be
    20  referred  to  the  first regular legislative session convening after the
    21  next succeeding general election of members of  the  assembly,  and,  in
    22  conformity  with  section  1  of  article  19  of  the  constitution, be
    23  published for 3 months previous to the time of such election.