Amd S2, add S3-d, Pub Off L; add S153, Civ Serv L; add S3020-b, Ed L
Provides that any public officer, public employee, superintendent of schools, teacher, or employee in a public school who is convicted of a felony related to abuse of office or employment shall have all benefits abolished, including, but not limited to, salary and retirement, except that such convicted person shall be entitled to a pro rata return of his or her contribution paid into the retirement system.
STATE OF NEW YORK
________________________________________________________________________
271
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. MONTESANO, McKEVITT, FINCH -- Multi-Sponsored by
-- M. of A. CORWIN, JORDAN, SALADINO -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the public officers law, the civil service law and the
education law, in relation to forfeiture of benefits for felony
convictions related to abuse of office
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2 of the public officers law is amended to read as
2 follows:
3 § 2. Definitions. The term "state officer" includes every officer for
4 whom all the electors of the state are entitled to vote, members of the
5 legislature, justices of the [supreme] unified court system, regents of
6 the university, and every officer, appointed by one or more state offi-
7 cers, or by the legislature, and authorized to exercise his official
8 functions throughout the entire state, or without limitation to any
9 political subdivision of the state, except United States senators,
10 members of congress, and electors for president and vice-president of
11 the United States. The term "local officer" includes every other officer
12 who is elected by the electors of a portion only of the state, every
13 officer of a political subdivision or municipal corporation of the
14 state, every school officer, and every officer limited in the execution
15 of his official functions to a portion only of the state. The office of
16 a state officer is a state office. The office of a local officer is a
17 local office.
18 § 2. The public officers law is amended by adding a new section 3-d to
19 read as follows:
20 § 3-d. Forfeiture of benefits. Notwithstanding any other provision of
21 law to the contrary, any public officer who is convicted of a felony
22 crime related to abuse of his or her office shall have all benefits
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02288-01-1
A. 271 2
1 abolished, including, but not limited to, salary and retirement bene-
2 fits; provided, however, that such public officer shall be entitled to a
3 pro rata return of his or her contribution paid into the relevant
4 retirement system, in any amount proportionate to the amount of any
5 forfeiture, without interest.
6 § 3. The civil service law is amended by adding a new section 153 to
7 read as follows:
8 § 153. Forfeiture of benefits. Notwithstanding any other provision of
9 law to the contrary, any public employee who is convicted of a felony
10 crime related to abuse of his or her employment shall have all benefits
11 abolished, including, but not limited to, salary and retirement bene-
12 fits; provided, however, that such public employee shall be entitled to
13 a pro rata return of his or her contribution paid into the relevant
14 retirement system, in any amount proportionate to the amount of any
15 forfeiture, without interest.
16 § 4. The education law is amended by adding a new section 3020-b to
17 read as follows:
18 § 3020-b. Forfeiture of benefits. Notwithstanding any other provision
19 of law to the contrary, a person employed as a superintendent of
20 schools, teacher, or employee in a public school who is convicted of a
21 felony crime related to abuse of his or her employment shall have all
22 benefits abolished, including, but not limited to, salary and retirement
23 benefits; provided, however, that such superintendent, teacher, or
24 employee shall be entitled to a pro rata return of his or her contrib-
25 ution paid into the relevant retirement system, in any amount propor-
26 tionate to the amount of any forfeiture, without interest.
27 § 5. This act shall take effect immediately.
