Senate Bill S4611

2015-2016 Legislative Session

Provides that members of a public pension or retirement system convicted of a felony involving breach of public trust be subject to forfeiture of pension benefits, rights and privileges

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S4611 (ACTIVE) - Details

See Assembly Version of this Bill:
A6722
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 ยง7, Constn

2015-S4611 (ACTIVE) - Summary

Provides that members of a public pension or retirement system convicted of a felony involving breach of public trust be subject to forfeiture of pension benefits, rights and privileges.

2015-S4611 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4611

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 30, 2015
                               ___________

Introduced  by  BUDGET  BILL -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

            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

  Section  1. Resolved (if the Assembly concur), That section 7 of arti-
cle 5 of the constitution be amended to read as follows:
  S 7. After July first,  nineteen  hundred  forty,  membership  in  any
pension or retirement system of the state or of a civil division thereof
shall  be a contractual relationship, the benefits of which shall not be
diminished or impaired. A PUBLIC OFFICIAL WHO IS A MEMBER OF  A  PENSION
OR  RETIREMENT  SYSTEM  WHO  IS  CONVICTED OF A FELONY RELATED TO PUBLIC
OFFICE SHALL BE  DEEMED  TO  HAVE  WILFULLY  BREACHED  SUCH  CONTRACTUAL
RELATIONSHIP  REGARDLESS OF WHEN SUCH RELATIONSHIP WAS ESTABLISHED. AS A
RESULT OF SUCH BREACH, ALL BENEFITS, RIGHTS AND PRIVILEGES HE OR SHE MAY
HAVE UNDER SUCH PENSION OR RETIREMENT SYSTEM  REGARDLESS  OF  WHEN  SUCH
RIGHTS  OR  PRIVILEGES ACCRUED OR VESTED, SHALL BE SUBJECT TO FORFEITURE
AS MAY BE PROVIDED BY LAW. THE LEGISLATURE SHALL  ENACT  LEGISLATION  TO
IMPLEMENT THIS AMENDMENT TAKING INTO ACCOUNT INTERESTS OF JUSTICE.
  S  2.  Resolved (if the Assembly 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.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89094-01-5

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