STATE OF NEW YORK
________________________________________________________________________
3504
2023-2024 Regular Sessions
IN SENATE
January 31, 2023
___________
Introduced by Sens. SKOUFIS, STEC -- read twice and ordered printed, and
when printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 7 of article 5 of the constitution, in
relation to the public pension of a public officer
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. (a) 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.
7 (b) (i) Notwithstanding subdivision (a) of this section, the public
8 pension of a public officer, as defined in paragraph [(c) of this
9 section] (ii) of this subdivision, who stands convicted of a felony for
10 which such felony has a direct and actual relationship to the perform-
11 ance of the public officer's existing duties, may be reduced or revoked,
12 following notice and a hearing by an appropriate court, as provided by
13 law. The court determination whether to reduce or revoke such pension
14 shall be based on the consideration of factors including the severity of
15 the crime and the proportionality of a reduction or revocation of such
16 pension to such crime. When a court issues an order to reduce or revoke
17 such pension, the court shall consider and determine specific findings
18 as to the amount of such forfeiture, if any, and whether forfeiture, in
19 whole or in part, would result in undue hardship or other inequity upon
20 any dependent children, spouse or other dependents; and other factors as
21 provided by law. The legislature shall enact legislation to implement
22 this amendment taking into account interests of justice.
23 [(c)] (ii) For the purposes of [paragraph (b) of this section] this
24 subdivision, the term "public officer" shall mean: [(i)] (A) an official
25 filling an elected office within the state; [(ii)] (B) a holder of
26 office filled by direct appointment by the governor of this state,
27 either upon or without senate confirmation; [(iii)] (C) a county, city,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89068-01-3
S. 3504 2
1 town or village administrator, manager or equivalent position; [(iv)]
2 (D) the head or heads of any state or local government department, divi-
3 sion, board, commission, bureau, public benefit corporation, or public
4 authority of this state who are vested with authority, direction and
5 control over such department, division, board, commission, bureau,
6 public benefit corporation or public authority; [(v)] (E) the chief
7 fiscal officer or treasurer of any municipal corporation or political
8 subdivision of the state; [(vi)] (F) a judge or justice of the unified
9 court system; and [(vii)] (G) a legislative, executive, or judicial
10 employee of this state who directly assists in the formulation of legis-
11 lation, rules, regulations, policy, or judicial decision-making and who
12 is designated as a policymaker as set forth in statute.
13 [(d) Paragraph (b) of this section] (iii) This subdivision shall only
14 apply to crimes committed on or after the first of January next succeed-
15 ing the date upon which the people shall approve and ratify the amend-
16 ment to the constitution that added this paragraph.
17 (c) (i) Notwithstanding subdivision (a) of this section, the member-
18 ship in any public pension of a public officer who stands convicted on
19 an impeachment shall be revoked.
20 (ii) This subdivision shall apply to any public officer who stands
21 convicted on an impeachment including any public officer convicted on an
22 impeachment before the effective date of this subdivision.
23 § 2. Resolved (if the Assembly concur), That section 24 of article 6
24 of the constitution be amended to read as follows:
25 § 24. The assembly shall have the power of impeachment by a vote of a
26 majority of all the members elected thereto. The court for the trial of
27 impeachments shall be composed of the president of the senate, the
28 senators, or the major part of them, and the judges of the court of
29 appeals, or the major part of them. On the trial of an impeachment
30 against the governor or lieutenant-governor, neither the lieutenant-gov-
31 ernor nor the temporary president of the senate shall act as a member of
32 the court. No judicial officer shall exercise his or her office after
33 articles of impeachment against him or her shall have been preferred to
34 the senate, until he or she shall have been acquitted. Before the trial
35 of an impeachment, the members of the court shall take an oath or affir-
36 mation truly and impartially to try the impeachment according to the
37 evidence, and no person shall be convicted without the concurrence of
38 two-thirds of the members present. Judgment in cases of impeachment
39 shall not extend further than to removal from office, or removal from
40 office and disqualification to hold and enjoy any public office of
41 honor, trust, or profit under this state, and revocation of any member-
42 ship in a public pension; but the party impeached shall be liable to
43 indictment and punishment according to law.
44 § 3. Resolved (if the Assembly concur), That the foregoing amendment
45 be referred to the first regular legislative session convening after the
46 next succeeding general election of members of the assembly, and, in
47 conformity with section 1 of article 19 of the constitution, be
48 published for three months previous to the time of such election.
