Relates to reducing a police officer's pension to satisfy judgments in a wrongful death action; provides that a police officer's pension may be reduced to no less than $20,000 to satisfy a wrongful death judgment; provides that a court shall hold a hearing to determine the amount of the reduction.
STATE OF NEW YORK
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10854
IN ASSEMBLY
July 24, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Fernandez)
-- read once and referred to the Committee on Governmental Employees
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 5 of the constitution, in relation to
reducing a police officer's pension to satisfy judgments in a wrongful
death action
1 Section 1. Resolved (if the Senate concur), That section 7 of article
2 5 of the constitution be amended by adding a new subdivision (e) to read
3 as follows:
4 (e) (i) Notwithstanding subdivision (a) of this section, the public
5 pension of a police officer, as defined in paragraph (ii) of this subdi-
6 vision, who is found liable in a wrongful death action arising out of
7 the performance of his or her duties, may be reduced to no less than
8 twenty thousand dollars to satisfy the judgment against such police
9 officer in such wrongful death action prior to the payment of any public
10 funds, following notice and a hearing by an appropriate court, as
11 provided by law. The court determination whether to reduce such pension
12 shall be based on the consideration of factors including the severity of
13 such police officer's actions and the proportionality of a reduction of
14 such pension to such actions. When a court issues an order to reduce
15 such pension, the court shall consider and determine specific findings
16 as to the amount of such reduction, if any, and whether the reduction
17 would result in undue hardship or other inequity upon any dependent
18 children, spouse or other dependents; and other factors as provided by
19 law. The legislature shall enact legislation to implement this amend-
20 ment.
21 (ii) For the purposes of paragraph (i) of this subdivision, the term
22 "police officer" shall mean any member of a duly organized police force
23 or department of any county, city, town, village, municipality, authori-
24 ty, police district, regional state park commission when employed full
25 time in the enforcement of the general criminal laws of the state, or
26 any member of the state police or a sheriff, undersheriff or deputy
27 sheriff.
28 (iii) Paragraph (i) of this subdivision shall only apply to actions
29 filed on or after the first of January next succeeding the date upon
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89168-01-0
A. 10854 2
1 which the people shall approve and ratify the amendment to the constitu-
2 tion that added this subdivision.
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.
