Bill Text: NY S03817 | 2011-2012 | General Assembly | Introduced


Bill Title: Provides that a member shall forfeit his or her retirement rights and benefits if he or she is convicted of or pleads to certain crimes related to public employment.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-02-14 - RECOMMIT, ENACTING CLAUSE STRICKEN [S03817 Detail]

Download: New_York-2011-S03817-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3817
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     March 5, 2011
                                      ___________
       Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
         printed to be committed to the Committee on Civil Service and Pensions
       AN ACT to amend the retirement and social security law, in  relation  to
         forfeiture of pension rights or retirement benefits upon conviction of
         certain crimes related to public employment
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The retirement and social security law is amended by adding
    2  a new article 3-B to read as follows:
    3                                 ARTICLE 3-B
    4                PENSION FORFEITURE FOR PUBLIC MISCONDUCT ACT
    5  SECTION 156. SHORT TITLE.
    6          157. DEFINITIONS.
    7          158. PENSION FORFEITURE.
    8          159. MISCELLANEOUS.
    9    S 156. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
   10  THE "PENSION FORFEITURE FOR PUBLIC MISCONDUCT ACT".
   11    S  157.  DEFINITIONS. THE FOLLOWING WORDS AND PHRASES, AS USED IN THIS
   12  ARTICLE, SHALL HAVE THE FOLLOWING MEANINGS, UNLESS A  DIFFERENT  MEANING
   13  IS PLAINLY REQUIRED BY THE CONTEXT:
   14    1. "DEFENDANT" SHALL MEAN A PERSON AGAINST WHOM A FORFEITURE ACTION IS
   15  COMMENCED.
   16    2. "COVERED CRIME" SHALL MEAN ANY OF THE FOLLOWING:
   17    (A) ANY CLASS A OR CLASS B FELONY OFFENSE;
   18    (B)  ANY OTHER FELONY OFFENSE, OR ANY ATTEMPT, CONSPIRACY OR SOLICITA-
   19  TION TO COMMIT ANY OTHER SUCH OFFENSE WHERE SUCH ACT HAS  A  DIRECT  AND
   20  ACTUAL  RELATIONSHIP BETWEEN THE CRIMINAL CONDUCT AND THE PERFORMANCE OF
   21  ONE'S STATUTORY OR REGULATORY PUBLIC DUTIES;
   22    (C) ANY OTHER FELONY OR MISDEMEANOR  COMMITTED  BY  LARCENY,  PERJURY,
   23  FALSE  OR FRAUDULENT STATEMENT OR OMISSION, EXTORTION, BRIBERY, THEFT OR
   24  FAILURE TO ACT WHEN A DUTY TO ACT EXISTS, OR INTENTIONAL CONCEALMENT  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05392-04-1
       S. 3817                             2
    1  SUCH ACTS BY THE PERSON OR ANY OTHER PERSON OR ENTITY WHEN SUCH IS KNOWN
    2  TO THE PUBLIC OFFICIAL, BY WHICH A PUBLIC OFFICER OBTAIN MONEY, GOODS OR
    3  SERVICES  UNDER  FALSE  PRETENSES  AS A RESULT OF FILINGS BY SAID PUBLIC
    4  OFFICER;
    5    (D)  ANY  CONVICTION  OF A CRIME INVOLVING FALSE, FRAUDULENT OR FORGED
    6  DOCUMENTS INTENDED TO BE MADE PART OF A PUBLIC PROCEEDING OR  RECORD  IN
    7  ORDER TO WILLFULLY ALTER OR MISREPRESENT THE PUBLIC RECORD;
    8    (E)  ANY  CRIMINAL  OFFENSE  COMMITTED  IN WHOLE IN PART UPON USE OF A
    9  PUBLIC OFFICE, OR A REPRESENTATION IN WORD OR DEED THAT THE ACTOR WAS  A
   10  PUBLIC  OFFICER,  ACTING  UNDER LEGAL AUTHORITY OR COLOR OF LAW, WHETHER
   11  WITHIN OR WITHOUT THE SCOPE OF THE ACTOR'S PUBLIC EMPLOYMENT;
   12    (F) ANY OFFENSE RELATIVE TO THE CONCEALMENT, OR  OBSTRUCTING  INVESTI-
   13  GATION OF SUCH ACTS LISTED HEREIN; OR
   14    (G) ANY SUBSTANTIALLY SIMILAR FELONY OFFENSE UNDER THE LAWS OF ANOTHER
   15  STATE OR FEDERAL JURISDICTION AS LISTED IN PARAGRAPHS (A) THROUGH (F) OF
   16  THIS SUBDIVISION.
   17    3. "CHIEF ADMINISTRATOR OF THE RETIREMENT SYSTEM" SHALL MEAN THE COMP-
   18  TROLLER  OF THE STATE OF NEW YORK WITH RESPECT TO THE NEW YORK STATE AND
   19  LOCAL EMPLOYEES' RETIREMENT SYSTEM AND THE  NEW  YORK  STATE  AND  LOCAL
   20  POLICE  AND  FIRE  RETIREMENT  SYSTEM  AND  THE  BOARDS OF TRUSTEES WITH
   21  RESPECT TO THE OTHER PUBLIC RETIREMENT SYSTEMS AND PENSION FUNDS OF  THE
   22  STATE AND THE CITY OF NEW YORK.
   23    4.  "MEMBER"  SHALL  MEAN  A  MEMBER  OF  THE NEW YORK STATE AND LOCAL
   24  EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK STATE AND  LOCAL  POLICE  AND
   25  FIRE  RETIREMENT SYSTEM, THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM,
   26  THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK CITY TEACH-
   27  ERS' RETIREMENT SYSTEM, THE NEW YORK CITY POLICE PENSION FUND,  THE  NEW
   28  YORK  CITY  FIRE  DEPARTMENT PENSION FUND AND THE NEW YORK CITY BOARD OF
   29  EDUCATION RETIREMENT SYSTEM WHO JOINED  SUCH  SYSTEM  ON  OR  AFTER  THE
   30  EFFECTIVE DATE OF THIS ARTICLE.
   31    5. "RETIRED MEMBER" SHALL MEAN A PERSON WHO IS RETIRED FROM AND WHO IS
   32  RECEIVING  A  RETIREMENT  ALLOWANCE FROM A RETIREMENT SYSTEM AND WHO HAD
   33  JOINED SUCH SYSTEM ON OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
   34    6. "RETIREMENT SYSTEM" SHALL MEAN THE NEW YORK STATE AND LOCAL EMPLOY-
   35  EES' RETIREMENT SYSTEM, THE NEW YORK STATE AND  LOCAL  POLICE  AND  FIRE
   36  RETIREMENT  SYSTEM,  THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM, THE
   37  NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK CITY  TEACHERS'
   38  RETIREMENT  SYSTEM,  THE NEW YORK CITY POLICE PENSION FUND, THE NEW YORK
   39  CITY FIRE DEPARTMENT PENSION FUND AND THE NEW YORK CITY BOARD OF  EDUCA-
   40  TION RETIREMENT SYSTEM.
   41    7. "DEPENDENT CHILDREN" SHALL INCLUDE:
   42    (A) ANY CHILD OF AN OFFICER OR EMPLOYEE, WHERE SUCH CHILD IS UNDER AGE
   43  NINETEEN;
   44    (B)  ANY  UNMARRIED DEPENDENT CHILD OF AN OFFICER OR EMPLOYEE, REGARD-
   45  LESS OF SUCH CHILD'S AGE, WHERE SUCH CHILD IS INCAPABLE OF SELF-SUSTAIN-
   46  ING EMPLOYMENT BY REASON OF MENTAL OR PHYSICAL DISABILITY AND BECAME  SO
   47  INCAPABLE PRIOR TO ATTAINING THE AGE OF NINETEEN; AND
   48    (C) ANY UNMARRIED CHILD OF AN OFFICER OR EMPLOYEE, WHERE SUCH CHILD IS
   49  AT  AN  ACCREDITED INSTITUTION OF HIGHER LEARNING AND IS UNDER AGE TWEN-
   50  TY-THREE.
   51    8. (A) "NEXUS" SHALL MEAN THAT THE ACT OR OMISSION IS  A  CRIME  WHERE
   52  PUBLIC MONIES WERE IMPROPERLY USED, EXPENDED, OR LOST AND:
   53    (I)  IS  RELATED  DIRECTLY  TO  THE  PERFORMANCE  OF OR THE FAILURE TO
   54  PERFORM DUTIES AS A PUBLIC OFFICER REQUIRED BY LAW; OR
       S. 3817                             3
    1    (II) HAS AN ACTUAL AND DIRECT RELATIONSHIP BETWEEN  THE  CRIMINAL  ACT
    2  AND  PERFORMANCE OF PUBLIC DUTIES OR ACTUALLY AND DIRECTLY ARISES OUT OF
    3  OR IN CONNECTION WITH PUBLIC SERVICE.
    4    (B)  NOTWITHSTANDING  PARAGRAPH  (A)  OF  THIS  SUBDIVISION, PERSONAL,
    5  PRIVATE OFFENSES THAT ARE CRIMINAL IN NATURE WHICH ARE NOT IN CONNECTION
    6  WITH THE ADMINISTRATION OF THE  PUBLIC  EMPLOYEE'S  OFFICE  OR  POSITION
    7  SHALL NOT BE CAUSE FOR USE OF THIS ARTICLE.
    8    S  158.  PENSION  FORFEITURE.  NOTWITHSTANDING  ANY OTHER PROVISION OF
    9  GENERAL, SPECIAL OR LOCAL LAW, RULE OR REGULATION TO THE CONTRARY:
   10    1. IN THE CASE OF A MEMBER OR RETIRED  MEMBER  WHO  IS  CONVICTED  OF,
   11  PLEADS  GUILTY TO, PLEADS NOLO CONTENDERE TO, OR PLEADS GUILTY TO PURSU-
   12  ANT TO SUBDIVISION TWO OF SECTION 220.10 OF THE CRIMINAL  PROCEDURE  LAW
   13  ANY COVERED CRIME SET FORTH IN PARAGRAPH (A), (B), (C), (D), (E), OR (F)
   14  OF  SUBDIVISION  TWO OF SECTION ONE HUNDRED FIFTY-SEVEN OF THIS ARTICLE,
   15  AND SUCH CRIME HAS A NEXUS, AS DEFINED IN SUBDIVISION EIGHT  OF  SECTION
   16  ONE  HUNDRED  FIFTY-SEVEN  OF  THIS  ARTICLE,  TO THE PUBLIC OFFICER, AN
   17  ACTION TO FORFEIT THE PENSION OF THE PUBLIC OFFICER MAY BE COMMENCED  IN
   18  SUPREME COURT.
   19    2. WITHIN SIX MONTHS OF A CONVICTION FOR ANY COVERED CRIME, THE PROSE-
   20  CUTING  AUTHORITY,  WHICH PROSECUTED THE UNDERLYING CRIMINAL CHARGES, OR
   21  THE ATTORNEY GENERAL OF THE STATE MAY INITIATE A SPECIAL  PROCEEDING  IN
   22  THE  SUPREME  COURT  OF  THE  COUNTY IN WHICH THE OFFENSE WAS PROSECUTED
   23  PURSUANT TO THIS SECTION TO SEEK AN ORDER OF THE SUPREME COURT OF  CIVIL
   24  FORFEITURE  OF ALL OR A PORTION OF THE RIGHTS AND BENEFITS TO WHICH SUCH
   25  PERSON IS ENTITLED OR WILL BE ENTITLED TO AS A MEMBER OR RETIRED MEMBER.
   26    3. NO PROCEEDING SHALL BE BEGUN WITHOUT NOTICE BEING PROVIDED  TO  THE
   27  MEMBER  OF  THE RETIREMENT SYSTEM AT ARRAIGNMENT FOR THE CRIMINAL ACTION
   28  IF PROSECUTED IN THIS STATE OR BY NOTICE  WITHIN  SEVEN  DAYS  PRIOR  TO
   29  DISPOSITION  BY  PLEA OR SENTENCE, IF THE COVERED CRIME IS PROSECUTED IN
   30  ANOTHER JURISDICTION.
   31    4. NO PROCEEDING SHALL BE BEGUN BY ANY PROSECUTING  AUTHORITY  WITHOUT
   32  NOTICE  BEING PROVIDED TO THE RETIREMENT SYSTEM THAT THE PERSON HAS BEEN
   33  CONVICTED OF A COVERED CRIME.
   34    5. NO PROCEEDING SHALL BE BEGUN BY ANY PROSECUTING AUTHORITY UNTIL THE
   35  PROSECUTING AUTHORITY HAS SERVED UPON HIM AND WITHIN  TWENTY-FOUR  HOURS
   36  SERVED  UPON THE PERSON CONVICTED OF A COVERED CRIME A FULL STATEMENT OF
   37  THE PENSION RIGHTS AND MONIES TO WHICH THE PERSON MAY BE  ENTITLED  FROM
   38  THEIR SERVICE AS A PUBLIC OFFICER AND SAID SERVICE INFORMATION BE BROKEN
   39  INTO CATEGORIES OF PENSION RIGHTS BASED UPON EACH PUBLIC OFFICE HELD.
   40    6.  SUBJECT  TO  AN  ORDER  OF  THE COURT FOR PURPOSES OF RESTITUTION,
   41  ORDERED AS PART OF THE UNDERLYING CRIMINAL CASE AND ONLY FOR THE COVERED
   42  CRIME, THE PERSON SHALL BE DELIVERED AT THE TIME OF THE NOTICE FROM  THE
   43  RETIREMENT  SYSTEM, AN AMOUNT OF PRO RATA OF CONTRIBUTIONS PAID INTO THE
   44  RETIREMENT SYSTEMS, UNLESS A COURT SHALL ORDER OTHERWISE.
   45    7. THE PERSON SUBJECT TO FORFEITURE OF THE  RIGHTS  AND  MONIES  OF  A
   46  PUBLIC  PENSION  SHALL BE SERVED WITH A SUMMONS AND COMPLAINT SPECIFYING
   47  THE COVERED CRIME, THE JURISDICTION, THE AMOUNT OF PENSION IN ISSUE, THE
   48  BASIS FOR SUCH A CLAIM AS TO THAT PORTION OR ENTITY OF THE PENSION.  THE
   49  PERSON  RECEIVING  SUCH  COMPLAINT MAY FILE AN ANSWER OR MOVE TO DISMISS
   50  WITHIN THE TIME PERIOD FOR SUCH ANSWERS IN  A  SPECIAL  PROCEEDING.  THE
   51  COURT  UPON  RECEIPT  OF  THE  MOTION SHALL PROMPTLY HOLD A HEARING. THE
   52  COURT SHALL APPOINT A GUARDIAN AD LITEM FOR ANY DEPENDENT CHILDREN.
   53    8. THE COURT  SHALL  PERMIT  ANY  DEPENDENT  CHILD,  SPOUSE,  DIVORCED
   54  SPOUSE,  OR PERSON IN SUCH RELATIONSHIP OR CONSANGUINITY OR DOMICILE WHO
   55  SEEKS TO MAKE A CLAIM ON SUCH PENSION AS A RESULT OF ENTITLEMENT TO SUCH
   56  FUNDS HAD THE COVERED CRIME NOT BEEN COMMITTED.  IF SUCH CLAIMANT  PROF-
       S. 3817                             4
    1  ITED  OR  BENEFITED  KNOWINGLY  FROM SUCH COVERED CRIME AND THE COURT SO
    2  FINDS THEN THE COURT MAY EXTINGUISH ANY CLAIM UPON MOTION OF ANY PARTY.
    3    9.  THE  BURDEN  OF PROOF IN ALL MATTERS SHALL BE UPON THE PROSECUTING
    4  AUTHORITY WHO INITIATES THE ACTION.
    5    10. THE PERSON SUBJECT TO THE FORFEITURE PROCEEDING RETAINS  THE  SAME
    6  RIGHTS  AS  IN A CRIMINAL TRIAL. SHOULD THE PERSON ELECTED TO TESTIFY IN
    7  HIS OWN BEHALF, NOTHING SAID IN THE PROCEEDING MAY BE USED  AGAINST  HIM
    8  UPON  APPEAL OR RETRIAL OF SUCH A COVERED CRIME, IF A COURT OF COMPETENT
    9  JURISDICTION VACATED OR REVERSES THE CONVICTION FOR A COVERED CRIME.
   10    11. FORFEITURE OF THE WHOLE OR ANY PART MAY  BE  ORDERED  SOLELY  UPON
   11  CLEAR AND CONVINCING EVIDENCE.
   12    12. THE COURT SHALL MAKE FINDINGS OF FACT AND CONCLUSIONS OF LAW.
   13    13.  (A)  THE COURT SHALL CONSIDER THE FOLLOWING FACTORS IN REACHING A
   14  DETERMINATION:
   15    (I) THE NATURE OF THE OFFENSE IN TERMS OF DURATION AND ACTS.
   16    (II) THE SERIOUSNESS OF THE OFFENSE, MEASURED BY THE AMOUNT OF  PUBLIC
   17  MONIES  ACTUALLY  MISAPPROPRIATED  OR  DIRECTLY  LOST AS A RESULT OF THE
   18  COVERED CRIME.
   19    (III) THE RELATIONSHIP OF THE OFFENSE TO THE PUBLIC OFFICE.
   20    (IV) THE PUBLIC OFFICE WHICH THE  PERSON  HELD  AT  THE  TIME  OF  THE
   21  OFFENSE.
   22    (V) MEMBERS OF THE PUBLIC DIRECTLY AFFECTED BY THE COVERED CRIME.
   23    (VI)  THE  LEVEL  OF WILLFULNESS OR MALICE OR OTHER CULPABILITY IN THE
   24  COMMISSION OF THE COVERED CRIME.
   25    (VII) ANY GOOD FAITH EFFORT TO MITIGATE OR PREVENT THE HARM CAUSED  BY
   26  THE OFFENSE.
   27    (VIII) WHETHER THE PERSON PLEADED GUILTY OR NOT.
   28    (IX)  WHETHER  THE  PERSON  OBSTRUCTED,  IMPEDED  OR CONCEALED MATTERS
   29  DURING OR IN THE COURSE OF INVESTIGATION, TRIAL OR INSTANT PROCEEDING.
   30    (X) WHETHER THE PERSON ACTED OUT OF DURESS,  COERCION  OR  INDUCEMENT,
   31  NOT SUFFICIENT TO BE A DEFENSE UNDER THE PENAL LAW.
   32    (XI) THE LENGTH OF PUBLIC SERVICE AND THE OFFICES HELD.
   33    (XII)  THE NUMBER OF YEARS OF PUBLIC SERVICE BY THE PERSON WITHOUT ANY
   34  CRIMINAL CONDUCT.
   35    (XIII) THE DIRECT PECUNIARY BENEFIT TO THE PERSON, IF ANY.
   36    (XIV) THE EXTENT TO WHICH THE PENSION OF THE PERSON HAS VESTED.
   37    (XV) ANY AMOUNTS PREVIOUSLY PAID OUT OF THE PENSION.
   38    (XVI) ANY OTHER PUBLIC SERVICE, IN ANY OTHER FORM  NOT  COVERED  BY  A
   39  PENSION SYSTEM.
   40    (XVII) THE AVAILABILITY AND ADEQUACY OF OTHER PENAL SANCTIONS.
   41    (XVIII) ANY AND ALL PERSONAL CIRCUMSTANCES OF THE PERSON WHICH BEAR ON
   42  THE JUSTNESS OR NEED FOR FORFEITURE.
   43    (XIX) ANY AND ALL OTHER MATTERS THAT JUSTICE REQUIRES.
   44    (B)  NO  ONE  OF  THESE  FACTORS SHALL BE CONCLUSIVE AND NONE SHALL BE
   45  OMITTED.
   46    (C) THE COURT SHALL ALSO CONSIDER ANY MITIGATING FACTOR SET  FORTH  BY
   47  ANY PARTY OPPOSING FORFEITURE, WITHOUT LIMITATION.
   48    (D) THE COURT SHALL CONSIDER AND MAKE A SPECIFIC FACTUAL FINDING AS TO
   49  THE EXTENT TO WHICH THE PERSON'S FAMILY INCLUDING EACH CHILD OR CHILDREN
   50  IS  DEPENDENT  UPON  SAID  PERSON  AND THE EXTENT TO WHICH THE FAMILY IS
   51  DEPENDENT UPON OR EXPECTED TO BE DEPENDENT UPON SUCH PENSION,  INCLUDING
   52  ANY EVIDENCE OF PLANNING BY SUCH FAMILY.
   53    14.  AT ANY TIME DURING THE PENDENCY OF A FORFEITURE ACTION, THE COURT
   54  MAY DISMISS THE ACTION IF IT FINDS THAT SUCH RELIEF IS WARRANTED BY  THE
   55  EXISTENCE  OF  SOME  COMPELLING  FACTOR,  CONSIDERATION  OR CIRCUMSTANCE
   56  INCLUDING, BUT NOT LIMITED TO, ONE OR MORE OF THE MITIGATING FACTORS SET
       S. 3817                             5
    1  FORTH IN THIS SECTION, OR OTHER INFORMATION  OR  EVIDENCE  WHICH  DEMON-
    2  STRATES  THAT  SUCH  FORFEITURE WOULD NOT SERVE THE ENDS OF JUSTICE. THE
    3  COURT MAY ORDER THAT SOME OR ALL OF THE FORFEITED PENSION  BE  PAID  FOR
    4  THE  BENEFIT  OF  ANY  DEPENDENT  CHILDREN AS JUSTICE MAY REQUIRE, AFTER
    5  TAKING INTO CONSIDERATION THE FINANCIAL NEEDS  AND  RESOURCES  AVAILABLE
    6  FOR  SUPPORT OF SUCH CHILDREN.  THE COURT SHALL ISSUE A WRITTEN DECISION
    7  STATING THE BASIS FOR AN ORDER ISSUED PURSUANT TO THIS SUBDIVISION.
    8    15. UPON A FINDING BY THE SUPREME COURT AFTER A FULL  HEARING  THAT  A
    9  PORTION,  A  PRO  RATA  OR  AN  ENTIRE PENSION SHALL BE FORFEITED TO THE
   10  STATE, THE COURT SHALL ISSUE AN  ORDER  TO  THE  APPROPRIATE  RETIREMENT
   11  SYSTEM  FOR  FORFEITURE OF SUCH PORTION OR ENTIRETY OF THE PENSION, LESS
   12  ANY ADJUSTMENTS OR MODIFICATIONS IN THE TERMS THEREOF TO  PROTECT  THIRD
   13  PARTY  INTERESTS  FOUND  BY  THE  COURT AND SHALL CAUSE SUCH ORDER TO BE
   14  SERVED UPON THE PERSON SUBJECT TO THE ORDER, THIRD PARTIES ADVERSELY  OR
   15  OTHERWISE  EFFECTED BY THE ORDER, THE PROSECUTION AND THE CHIEF ADMINIS-
   16  TRATOR OF THE APPROPRIATE RETIREMENT SYSTEM.
   17    16. ALL PARTIES SHALL HAVE THE SAME APPELLATE RIGHTS AS IN  ANY  CIVIL
   18  ACTION. IN THE EVENT OF AN APPEAL, ANY PARTY WHO SHALL SEEK A STAY PEND-
   19  ING APPEAL SHALL HAVE IT GRANTED FOR GOOD CAUSE SHOWN.
   20    17.  UPON  A FINAL DETERMINATION THAT REVERSES OR VACATES A CONVICTION
   21  OF A COVERED OFFENSE AND WHERE THERE HAS BEEN A DECISION FORFEITING  ALL
   22  OR  A PORTION OF THE PENSION BASED UPON SUCH CONVICTION, THE PROSECUTION
   23  SHALL NOTIFY THE APPROPRIATE RETIREMENT SYSTEM OF THE REVERSAL OR  VACA-
   24  TUR,  NOTIFY  THE  COURT  THAT  ISSUED OR IS HEARING AN APPEAL FROM SUCH
   25  ORDER OF FORFEITURE FORTHWITH AND SEEK A VACATUR OF THE ORDER OF FORFEI-
   26  TURE. UPON THE REVERSAL OR  VACATUR  OF  THE  CONVICTION  OF  A  COVERED
   27  OFFENSE,  THE RIGHTS, PRIVILEGES AND BENEFITS OF THE APPROPRIATE PENSION
   28  SYSTEM SHALL BE IMMEDIATELY RESTORED TO  THE  PERSON  AND  ANY  AND  ALL
   29  ORDERS RESTRICTING OR INTERFERING WITH SUCH PENSION SHALL BE VOIDED.
   30    18.  EXCEPT  AS OTHERWISE PROVIDED BY THIS ARTICLE, THE CIVIL PRACTICE
   31  LAW AND RULES SHALL GOVERN THE PROCEDURE IN ACTIONS COMMENCED UNDER THIS
   32  ARTICLE, EXCEPT WHERE  THE  ACTION  IS  REGULATED  BY  ANY  INCONSISTENT
   33  PROVISIONS HEREIN.
   34    S  159.  MISCELLANEOUS.  THE REMEDIES PROVIDED FOR IN THIS ARTICLE ARE
   35  NOT INTENDED TO SUBSTITUTE FOR, LIMIT OR SUPERSEDE THE LAWFUL  AUTHORITY
   36  OF ANY PUBLIC OFFICER, AGENCY OR OTHER PERSON TO ENFORCE ANY OTHER RIGHT
   37  OR REMEDY PROVIDED FOR BY LAW.
   38    S  2.  This  act shall take effect immediately and shall only apply to
   39  those members who initially join the retirement system on or after  such
   40  effective date.
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