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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A377A
SPONSOR: Buchwald (MS) 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:
Amends Article 5, Section 7 of the constitution to allow a state officer
or local officer who is convicted of a felony related to public employ-
ment 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:
A public official in the State of New York can currently accept bribes,
steal public funds or engage in numerous other forms of public
corruption and yet still feel secure in the knowledge that even if
convicted of these serious crimes and thrown in jail, there will still
be a state pension check sent their way every month for the rest of
their lives. No matter how serious the offense or how grossly a state
officer or local officer has abused his or her public position, current
law still assures most public employees that their state pensions cannot
be challenged. As part of the Public integrity Reform Act (Ch. 399 of
the Laws of 2011), public officials who joined the state retirement
system on or after November 13, 2011 are subject to forfeiture of their
pension benefits if they commit certain felonies related to their public
office. However, the vast majority of New York State public officials
entered the State retirement system before November 2011. And for most
state employees, if they meet the age and length of service requirements
for pension collection contained in the New York Retirement and Social
Security Law, they are entitled to benefits at the public's expense,
regardless of their conviction record.
This bill proposes a constitutional amendment that would allow for a law
to be adopted so that public officials could have their pension benefits
stripped when convicted of a felony involving a breach of public trust.
The bill was recently amended to provide that convicted public officials
would be refunded their own contributions, made with their own money as
opposed to taxpayer money, to the pension system or plan. A constitu-
tional amendment is required because of the protections our State
Constitution grants to public pensions. Article 5, Section 7 of the
State Constitution says that public pensions involve a contractual
relationship that cannot be reduced or impaired, unless of course the
State Constitution itself is amended.
This proposed constitutional amendment simply authorizes adoption of a
law to govern when it would be appropriate to reduce or eliminate state
pension benefits for convicted felons. The amendment only applies to the
most serious of crimes, namely felonies involving a breach of the public
trust, such as receiving a bribe, official misconduct or defrauding the
government.
Furthermore, this proposal only impacts public office holders who have
been convicted of such felonies -- not just charged, but convicted.
The bill recognizes that the rights of the public and taxpayers (and
indeed law-abiding public servant beneficiaries of the state pension
system) can outweigh the expectations a corrupt public official has in
his or her state pension. Without this sort of change, New Yorkers are
left with a situation in which pensions are paid no matter how corruptly
a public official has undermined the public trust. In addition, this
legislation if enacted would give public officials prone to putting
their personal interests above the needs of the public a significant
reason to refrain from doing so. This constitutional amendment would in
effect remind public officials that when they are sworn into office,
they 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 of the public's trust. A violation of that trust,
while in office, demands pecuniary as well as criminal penalty.
Simply put, public officials who commit felonies involving a violation
of the public trust have not earned their state pensions, and the People
of the State of New York deserve the opportunity to vote on a state
constitutional amendment that would uphold that principle.
LEGISLATIVE HISTORY:
2014 - A.7173 (Buchwald) - Passed Governmental Operations Committee,
Sponsorship grew to 90 Assembly members / S.1133 (Breslin) Sponsorship
grew to 15 Senators
2013 - A.7173 (Buchwald)- introduced in May, gained 40 Assembly sponsors
by June / S.1133 (Breslin) - sponsorship grew to 10 Senators
2011/2012 - S.2768 (Breslin) Remained in Senate Committee on Judiciary,
sponsored by 3 Senators
FISCAL IMPACT:
Savings to the State to the extent it enables the state pension fund to
not have to make payments to certain convicted felons.
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:
None
EFFECTS ON FINES, TERMS OF IMPRISONMENT OR OTHER PENAL SANCTIONS:
Subjects public officers convicted of a felony involving breach of
public trust 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.
STATE OF NEW YORK
________________________________________________________________________
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.
