Bill Text: NY A10854 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Relates to reducing a police officer's pension to satisfy judgments in a wrongful death action; provides that a police officer's pension may be reduced to no less than $20,000 to satisfy a wrongful death judgment; provides that a court shall hold a hearing to determine the amount of the reduction.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-07-29 - to attorney-general for opinion [A10854 Detail]

Download: New_York-2019-A10854-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          10854

                   IN ASSEMBLY

                                      July 24, 2020
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Fernandez)
          -- read once and referred to the Committee on Governmental Employees

                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

        proposing an amendment to article 5 of the constitution, in relation  to
          reducing a police officer's pension to satisfy judgments in a wrongful
          death action

     1    Section  1. Resolved (if the Senate concur), That section 7 of article
     2  5 of the constitution be amended by adding a new subdivision (e) to read
     3  as follows:
     4    (e) (i) Notwithstanding subdivision (a) of this  section,  the  public
     5  pension of a police officer, as defined in paragraph (ii) of this subdi-
     6  vision,  who  is  found liable in a wrongful death action arising out of
     7  the performance of his or her duties, may be reduced  to  no  less  than
     8  twenty  thousand  dollars  to  satisfy  the judgment against such police
     9  officer in such wrongful death action prior to the payment of any public
    10  funds, following notice and  a  hearing  by  an  appropriate  court,  as
    11  provided  by law. The court determination whether to reduce such pension
    12  shall be based on the consideration of factors including the severity of
    13  such police officer's actions and the proportionality of a reduction  of
    14  such  pension  to  such  actions. When a court issues an order to reduce
    15  such pension, the court shall consider and determine  specific  findings
    16  as  to  the  amount of such reduction, if any, and whether the reduction
    17  would result in undue hardship or  other  inequity  upon  any  dependent
    18  children,  spouse  or other dependents; and other factors as provided by
    19  law. The legislature shall enact legislation to  implement  this  amend-
    20  ment.
    21    (ii)  For  the purposes of paragraph (i) of this subdivision, the term
    22  "police officer" shall mean any member of a duly organized police  force
    23  or department of any county, city, town, village, municipality, authori-
    24  ty,  police  district, regional state park commission when employed full
    25  time in the enforcement of the general criminal laws of  the  state,  or
    26  any  member  of  the  state  police or a sheriff, undersheriff or deputy
    27  sheriff.
    28    (iii) Paragraph (i) of this subdivision shall only  apply  to  actions
    29  filed  on  or  after  the first of January next succeeding the date upon

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89168-01-0
        A. 10854                            2

     1  which the people shall approve and ratify the amendment to the constitu-
     2  tion that added this subdivision.
     3    §  2. Resolved (if the Senate concur), That the foregoing amendment be
     4  referred to the first regular legislative session  convening  after  the
     5  next  succeeding  general  election  of members of the assembly, and, in
     6  conformity with  section  1  of  article  19  of  the  constitution,  be
     7  published for 3 months previous to the time of such election.