BILL NO A07173
SAME AS SAME AS S01133
SPONSOR Buchwald
COSPNSR Stirpe, Skoufis, Santabarbara, McDonald, Mosley, Kim, Sepulveda,
Hennessey, Gjonaj, Fahy, Kearns, Rosa, Mayer, Otis, Brindisi, Jaffee,
Schimel, Simotas, Lavine
MLTSPNSR Sweeney, Thiele, Weisenberg
Amd Art 5 S7, Constn
Provides that any state officer or local officer convicted of a felony
involving breach of public trust be subject to forfeiture of pension rights or
retirement benefits.
BILL NUMBER:A7173
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: Provides that any state officer or local officer convicted
of a felony involving breach of public trust be subject to forfeiture
of pension benefits.
SUMMARY OF PROVISIONS: Adds a new subdivision (a) to article 5
section 7 of the constitution to allow a state officer or local
officer who is convicted of a felony related to public employment to
be subject to forfeiture of rights and privileges under the public
retirement system or pension plan in such manner as provided by law.
JUSTIFICATION: Currently, New York State has no policy regarding the
forfeiture of pension benefits by a state officer or local officer who
has been convicted of a crime. No matter how serious the offense or
how grossly a state officer or local officer has abused his or her
public position, current law regulating pension plans for state
employees makes no provision for forfeiture. As it stands, an employee
who meets the age and length of service requirement for pension
collection contained in the New York's Retirement and Social Security
Law is entitled to benefits at the public's expense, regardless of
their conviction record.
When an elected official is sworn into office, he or she must sign a
solemn Oath stating that they will uphold the laws and the
Constitution that govern New York State. This Oath sets the highest
standard for integrity - the public's trust. A violation of that
trust, while in office, demands pecuniary as well as criminal penalty.
Numerous bills have been introduced in past legislative sessions that
seek to revoke or reduce pension or other retirement benefits of
elected officials who are convicted of a crime related to their
employment. Because none of the legislation contends with the
contractual relationship of a public pension under the Constitution,
constitutionality is in question. Article 5 Section 7 of the
constitution sets out a two-part articulation of the public pension
right. First, membership in a retirement system is a contractual
relationship. Second, because of that relationship, pension benefits
cannot be reduced or impaired. Therefore, it is likely that the
proposals are unconstitutional.
This constitutional amendment provides for legislative action to
permit loss of the publicly funded portion of retirement benefits or
pension rights as one of the consequences of misusing positions of
public trust.
LEGISLATIVE HISTORY: 2011/2012 - S.2768 Remained in Senate Committee
on Judiciary
FISCAL IMPACT: None
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS: None
EFFECT ON FINES, TERMS OF IMPRISONMENT OR OTHER PENAL SANCTIONS:
Subjects public officers convicted of a felony involving breach of
public to forfeiture of rights or privileges under a public retirement
system or pension plan
EFFECTIVE DATE: Resolved (if the Senate concur), That the foregoing
amendment be referred to the first regular legislative session
convening after the next succeeding general election of members of the
assembly, and, in conformity with section 1 of article 19 of the
constitution, be published for 3 months previous to the time of such
election.
S T A T E O F N E W Y O R K
________________________________________________________________________
7173
2013-2014 Regular Sessions
I N A S S E M B L Y
May 3, 2013
___________
Introduced by M. of A. BUCHWALD -- read once and referred to the Commit-
tee on Governmental Operations
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 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. ANY STATE OFFICER OR LOCAL OFFICER, AS SUCH
7 TERMS ARE DEFINED IN SECTION TWO OF THE PUBLIC OFFICERS LAW, WHO IS
8 CONVICTED OF A FELONY INVOLVING BREACH OF PUBLIC TRUST SHALL BE SUBJECT
9 TO FORFEITURE OF RIGHTS OR PRIVILEGES UNDER A PUBLIC RETIREMENT SYSTEM
10 OR PENSION PLAN IN SUCH MANNER AS MAY BE PROVIDED BY LAW.
11 S 2. RESOLVED (if the Senate concur), That the foregoing amendment be
12 referred to the first regular legislative session convening after the
13 next succeeding general election of members of the assembly, and, in
14 conformity with section 1 of article 19 of the constitution, be
15 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.
LBD89019-01-3
