NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9010
SPONSOR: Budget TITLE OF BILL:
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
PURPOSE:
This bill would require any public official who is convicted of a crime
related to public office to forfeit his or her pension. Public officials
who are convicted of public corruption should not have taxpayers pay for
their retirement.
SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT:
This proposal would amend the New York State Constitution, subject to
voter approval, to require that public officials who are members of a
public pension or retirement system and convicted of a crime related to
public office, be subject to forfeiture of pension benefits, rights and
privileges. This requirement would apply regardless of when the public
official was elected to office or when the bad act occurred.
BUDGET IMPLICATIONS:
Enactment of this bill is necessary to implement the 2016-17 Executive
Budget in order to combat corruption by public officials.
EFFECTIVE DATE:
This amendment to the State Constitution would be referred to the first
regular legislative session convening after the next succeeding general
election of members of the Assembly and Senate. If approved, this amend-
ment would be submitted to voters at the next general election.
STATE OF NEW YORK
________________________________________________________________________
9010
IN ASSEMBLY
January 14, 2016
___________
A BUDGET BILL, submitted by the Governor pursuant to article seven of
the Constitution -- read once and referred to the Committee on Ways
and Means
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 Senate concur), That section 7 of article
2 5 of the constitution be amended to read as follows:
3 § 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 crime 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 provided by law.
14 § 2. Resolved (if the Senate concur), That the foregoing amendment be
15 referred to the first regular legislative session convening after the
16 next succeeding general election of members of the assembly, and, in
17 conformity with section 1 of article 19 of the constitution, be
18 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.
LBD89117-01-6
