Bill Text: NY S04611 | 2015-2016 | General Assembly | Introduced

New York Senate Bill 4611 (Prior Session Legislation)

Introduced

Bill Title: Provides that members of a public pension or retirement system convicted of a felony involving breach of public trust be subject to forfeiture of pension benefits, rights and privileges.

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2015-05-06 - OPINION REFERRED TO JUDICIARY [S04611 Detail]

Download: New_York-2015-S04611-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4611
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 30, 2015
                                      ___________
       Introduced  by  BUDGET  BILL -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
                   CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
       proposing an amendment to section 7 of article 5 of the constitution, in
         relation to forfeiture of pension rights or retirement  benefits  upon
         conviction of a felony related to public employment
    1    Section  1. Resolved (if the Assembly concur), That section 7 of arti-
    2  cle 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. A PUBLIC OFFICIAL WHO IS A MEMBER OF  A  PENSION
    7  OR  RETIREMENT  SYSTEM  WHO  IS  CONVICTED OF A FELONY RELATED TO PUBLIC
    8  OFFICE SHALL BE  DEEMED  TO  HAVE  WILFULLY  BREACHED  SUCH  CONTRACTUAL
    9  RELATIONSHIP  REGARDLESS OF WHEN SUCH RELATIONSHIP WAS ESTABLISHED. AS A
   10  RESULT OF SUCH BREACH, ALL BENEFITS, RIGHTS AND PRIVILEGES HE OR SHE MAY
   11  HAVE UNDER SUCH PENSION OR RETIREMENT SYSTEM  REGARDLESS  OF  WHEN  SUCH
   12  RIGHTS  OR  PRIVILEGES ACCRUED OR VESTED, SHALL BE SUBJECT TO FORFEITURE
   13  AS MAY BE PROVIDED BY LAW. THE LEGISLATURE SHALL  ENACT  LEGISLATION  TO
   14  IMPLEMENT THIS AMENDMENT TAKING INTO ACCOUNT INTERESTS OF JUSTICE.
   15    S  2.  Resolved (if the Assembly concur), That the foregoing amendment
   16  be referred to the first regular legislative session convening after the
   17  next succeeding general election of members of  the  assembly,  and,  in
   18  conformity  with  section  1  of  article  19  of  the  constitution, be
   19  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.
                                                                  LBD89094-01-5