Bill Text: NY S08163 | 2015-2016 | General Assembly | Introduced

---

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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2016-08-12 - DELIVERED TO SECRETARY OF STATE [S08163 Detail]

Download: New_York-2015-S08163-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          8163
                    IN SENATE
                                      June 17, 2016
                                       ___________
        Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
                    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 Assembly concur), That section 7 of  arti-
     2  cle 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
    25  within the state; (ii) a holder of office filled by  direct  appointment
    26  by  the  governor of this state, either upon or without senate confirma-
    27  tion; (iii) a county, city, town or village  administrator,  manager  or
    28  equivalent  position;  (iv)  the  head  or  heads  of any state or local
    29  government department, division, board, commission, bureau, public bene-
    30  fit corporation, or public authority of this state who are  vested  with
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89134-07-6
        S. 8163                             2
     1  authority,  direction and control over such department, division, board,
     2  commission, bureau, public benefit corporation or public authority;  (v)
     3  the  chief  fiscal  officer or treasurer of any municipal corporation or
     4  political  subdivision  of  the  state;  (vi)  a judge or justice of the
     5  unified court system; and (vii) a legislative,  executive,  or  judicial
     6  employee of this state who directly assists in the formulation of legis-
     7  lation,  rules, regulations, policy, or judicial decision-making and who
     8  is designated as a policymaker as set forth in statute.
     9    (d) Paragraph (b) of this section shall only apply to crimes committed
    10  on or after the first of January next succeeding the date upon which the
    11  people shall approve and ratify the amendment to the  constitution  that
    12  added this paragraph.
    13    §  2.  Resolved (if the Assembly concur), That the foregoing amendment
    14  be referred to the first regular legislative session convening after the
    15  next succeeding general election of members of  the  assembly,  and,  in
    16  conformity  with  section  1  of  article  19  of  the  constitution, be
    17  published for 3 months previous to the time of such election.