Assembly Bill A10739A

2015-2016 Legislative Session

Provides for the reduction or revocation of the public pension of a public officer

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S8163 - 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

2015-A10739 - Details

See Senate Version of this Bill:
S8163
Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 §7, Constn
Versions Introduced in 2017-2018 Legislative Session:
A1749, S418

2015-A10739 - Summary

Relates to providing for the reduction or revocation of the public pension of a public officer; authorizes the court to determine whether to reduce or revoke such pension based on the defined terms, and to consider and determine specific findings as to the amount of such forfeiture, if any, and whether forfeiture in whole or in part would result in undue hardship or other inequity upon any dependent children, spouse or other dependents; makes related provisions.

2015-A10739 - Bill Text download pdf 

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

                                  10739

                          I N  A S S E M B L Y

                              June 17, 2016
                               ___________

Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Buchwald,
  Morelle, Barrett, Brindisi, Fahy, Galef,  Lavine,  Lupardo,  McDonald,
  Otis, Russell, Sepulveda, Skoufis, Stirpe, Zebrowski, Paulin, Woerner,
  Steck,  Santabarbara,  Quart,  Thiele,  Stec,  Ortiz,  Magee,  Gjonaj,
  Kearns, Ceretto, Jaffee, Rozic, Peoples-Stokes, DenDekker,  Schimming-
  er) -- read once and referred 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

  Section  1. Resolved (if the Senate concur), That section 7 of article
5 of the constitution be amended to read as follows:
  S 7. (A) 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.
  (B) NOTWITHSTANDING  SUBDIVISION  (A)  OF  THIS  SECTION,  THE  PUBLIC
PENSION  OF  A  PUBLIC  OFFICER,  AS  DEFINED  IN  PARAGRAPH (C) OF THIS
SECTION, WHO STANDS CONVICTED OF A FELONY FOR  WHICH  THE  ILLEGAL  ACTS
HAVE  A  DIRECT AND ACTUAL RELATIONSHIP TO THE PERFORMANCE OF THE PUBLIC
OFFICER'S DUTIES, MAY BE REDUCED OR  REVOKED,  FOLLOWING  NOTICE  AND  A
HEARING BY AN APPROPRIATE COURT, AS PROVIDED BY LAW.  THE COURT DETERMI-
NATION  WHETHER  TO  REDUCE OR REVOKE SUCH PENSION SHALL BE BASED ON THE
CONSIDERATION OF FACTORS INCLUDING THE SEVERITY OF  THE  CRIME  AND  THE
PROPORTIONALITY  OF  A  REDUCTION  OR  REVOCATION OF THE PENSION TO SUCH
CRIME. WHEN A COURT ISSUES AN ORDER TO REDUCE OR  REVOKE  SUCH  PENSION,
THE  COURT  SHALL  CONSIDER  AND  DETERMINE  SPECIFIC FINDINGS AS TO THE
AMOUNT OF SUCH FORFEITURE, IF ANY AND WHETHER FORFEITURE IN WHOLE OR  IN
PART WOULD RESULT IN UNDUE HARDSHIP OR OTHER INEQUITY UPON ANY DEPENDENT
CHILDREN,  SPOUSE  OR OTHER DEPENDENTS; AND OTHER FACTORS AS PROVIDED BY
LAW.  THE LEGISLATURE SHALL ENACT LEGISLATION TO IMPLEMENT  THIS  AMEND-
MENT TAKING INTO ACCOUNT INTERESTS OF JUSTICE.
  (C)  FOR  THE  PURPOSES  OF  PARAGRAPH  (B)  OF THIS SECTION, THE TERM
"PUBLIC OFFICER" SHALL MEAN: (I) AN OFFICIAL FILLING AN  ELECTED  OFFICE
WITHIN  THE  STATE; (II) A HOLDER OF OFFICE FILLED BY APPOINTMENT BY THE
GOVERNOR OF THIS STATE, EITHER  UPON  OR  WITHOUT  SENATE  CONFIRMATION;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2015-A10739A (ACTIVE) - Details

See Senate Version of this Bill:
S8163
Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 §7, Constn
Versions Introduced in 2017-2018 Legislative Session:
A1749, S418

2015-A10739A (ACTIVE) - Summary

Relates to providing for the reduction or revocation of the public pension of a public officer; authorizes the court to determine whether to reduce or revoke such pension based on the defined terms, and to consider and determine specific findings as to the amount of such forfeiture, if any, and whether forfeiture in whole or in part would result in undue hardship or other inequity upon any dependent children, spouse or other dependents; makes related provisions.

2015-A10739A (ACTIVE) - Bill Text download pdf 

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

                                10739--A

                          I N  A S S E M B L Y

                              June 17, 2016
                               ___________

Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Buchwald,
  Morelle, Barrett, Brindisi, Fahy, Galef,  Lavine,  Lupardo,  McDonald,
  Otis, Russell, Sepulveda, Skoufis, Stirpe, Zebrowski, Paulin, Woerner,
  Steck,  Santabarbara,  Quart,  Thiele,  Stec,  Ortiz,  Magee,  Gjonaj,
  Kearns, Ceretto, Jaffee, Rozic, Peoples-Stokes, DenDekker,  Montesano,
  Bronson,  Schimminger)  --  read once and referred to the Committee on
  Judiciary -- 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 the public pension of a public officer

  Section  1. Resolved (if the Senate concur), That section 7 of article
5 of the constitution be amended to read as follows:
  S 7. (A) 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.
  (B) NOTWITHSTANDING  SUBDIVISION  (A)  OF  THIS  SECTION,  THE  PUBLIC
PENSION  OF  A  PUBLIC  OFFICER,  AS  DEFINED  IN  PARAGRAPH (C) OF THIS
SECTION, WHO STANDS CONVICTED OF A FELONY FOR WHICH SUCH  FELONY  HAS  A
DIRECT  AND  ACTUAL  RELATIONSHIP TO THE PERFORMANCE OF THE PUBLIC OFFI-
CER'S EXISTING DUTIES, MAY BE REDUCED OR REVOKED, FOLLOWING NOTICE AND A
HEARING BY AN APPROPRIATE COURT, AS PROVIDED BY LAW.  THE COURT DETERMI-
NATION WHETHER TO REDUCE OR REVOKE SUCH PENSION SHALL BE  BASED  ON  THE
CONSIDERATION  OF  FACTORS  INCLUDING  THE SEVERITY OF THE CRIME AND THE
PROPORTIONALITY OF A REDUCTION OR REVOCATION OF  SUCH  PENSION  TO  SUCH
CRIME.  WHEN  A  COURT ISSUES AN ORDER TO REDUCE OR REVOKE SUCH PENSION,
THE COURT SHALL CONSIDER AND  DETERMINE  SPECIFIC  FINDINGS  AS  TO  THE
AMOUNT  OF  SUCH FORFEITURE, IF ANY, AND WHETHER FORFEITURE, IN WHOLE OR
IN PART, WOULD RESULT IN UNDUE  HARDSHIP  OR  OTHER  INEQUITY  UPON  ANY
DEPENDENT  CHILDREN,  SPOUSE  OR  OTHER DEPENDENTS; AND OTHER FACTORS AS
PROVIDED BY LAW.  THE LEGISLATURE SHALL ENACT LEGISLATION  TO  IMPLEMENT
THIS AMENDMENT TAKING INTO ACCOUNT INTERESTS OF JUSTICE.
  (C)  FOR  THE  PURPOSES  OF  PARAGRAPH  (B)  OF THIS SECTION, THE TERM
"PUBLIC OFFICER" SHALL MEAN: (I) AN OFFICIAL FILLING AN  ELECTED  OFFICE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.