BILL NUMBER:  S6326        REVISED MEMO 05/12/2016

 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 :

This bill provides that any state officer or local officer convicted
of a felony involving breach of public trust shall, upon exhaustion of
final appeal, be subject to forfeiture of pension benefits.

 SUMMARY OF PROVISIONS :

This bill amends Article 5, Section 7 of the state constitution to
provide that state or local officers convicted of a felony related to
their public employment are subject to forfeiture of rights and
privileges under the public retirement system.

 JUSTIFICATION :

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. Therefore,
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 constitutional amendment provides that public officials could
have their pension benefits stripped when convicted of a felony
involving a breach of public trust, regardless of when they entered
the retirement system. A constitutional 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.

 LEGISLATIVE HISTORY :

New Bill

 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.

 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.