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.
STATE OF NEW YORK
________________________________________________________________________
418
2017-2018 Regular Sessions
IN SENATE(Prefiled)
January 4, 2017
___________
Introduced by Sens. CROCI, HANNON, SERINO -- read twice and ordered
printed, and when printed to be committed to the Committee on Judici-
ary
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89025-01-7
S. 418 2
1 by the governor of this state, either upon or without senate confirma-
2 tion; (iii) a county, city, town or village administrator, manager or
3 equivalent position; (iv) the head or heads of any state or local
4 government department, division, board, commission, bureau, public bene-
5 fit corporation, or public authority of this state who are vested with
6 authority, direction and control over such department, division, board,
7 commission, bureau, public benefit corporation or public authority; (v)
8 the chief fiscal officer or treasurer of any municipal corporation or
9 political subdivision of the state; (vi) a judge or justice of the
10 unified court system; and (vii) a legislative, executive, or judicial
11 employee of this state who directly assists in the formulation of legis-
12 lation, rules, regulations, policy, or judicial decision-making and who
13 is designated as a policymaker as set forth in statute.
14 (d) Paragraph (b) of this section shall only apply to crimes committed
15 on or after the first of January next succeeding the date upon which the
16 people shall approve and ratify the amendment to the constitution that
17 added this paragraph.
18 § 2. Resolved (if the Assembly concur), That the foregoing amendment
19 be submitted to the people for approval at the general election to be
20 held in the year 2017 in accordance with the provisions of the election
21 law.