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.
STATE OF NEW YORK
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4611
2015-2016 Regular Sessions
IN SENATE
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 § 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 § 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
