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.
STATE OF NEW YORK
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377--A
2015-2016 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2015
___________
Introduced by M. of A. BUCHWALD, GALEF, STIRPE, SKOUFIS, SANTABARBARA,
McDONALD, MOSLEY, KIM, SEPULVEDA, GJONAJ, FAHY, KEARNS, MAYER, OTIS,
BRINDISI, JAFFEE, SCHIMEL, SIMOTAS, LAVINE, BARCLAY, DUPREY, RAIA,
McKEVITT, MONTESANO, ROZIC, BORELLI, STEC, McLAUGHLIN, GRAF, WALTER,
SOLAGES, GOODELL, ZEBROWSKI, PAULIN, MILLER, LUPINACCI, BRAUNSTEIN,
DiPIETRO, PALUMBO, PICHARDO, JOHNS, DAVILA, STECK, ROBERTS, SKARTADOS,
LALOR, TENNEY, BLANKENBUSH, KATZ, CORWIN, CURRAN, BROOK-KRASNY,
GUNTHER, ORTIZ, WEPRIN, RODRIGUEZ, FINCH, WOERNER, LINARES, KAMINSKY,
BLAKE, SEAWRIGHT, MURRAY, BICHOTTE, BRABENEC -- Multi-Sponsored by --
M. of A. BARRETT, BUTLER, CAMARA, CERETTO, CROUCH, CUSICK, DINOWITZ,
FITZPATRICK, FRIEND, GARBARINO, GIGLIO, GOLDFEDER, HAWLEY, KOLB,
LOPEZ, LUPARDO, MAGEE, MALLIOTAKIS, McDONOUGH, MOYA, NOJAY, OAKS,
PALMESANO, PERRY, QUART, RA, RUSSELL, RYAN, SCHIMMINGER, THIELE,
TITONE -- read once and referred to the Committee on Governmental
Operations -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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. 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; provided,
11 however, the provisions of this sentence shall not preclude any state
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89001-02-5
A. 377--A 2
1 or local officer from receiving a refund of any contributions made by
2 such officer to a public retirement system or pension plan.
3 § 2. Resolved (if the Senate concur), That the foregoing amendment be
4 referred to the first regular legislative session convening after the
5 next succeeding general election of members of the assembly, and, in
6 conformity with section 1 of article 19 of the constitution, be
7 published for 3 months previous to the time of such election.
