Assembly Bill A1749

2017-2018 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 - In Assembly 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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2017-A1749 (ACTIVE) - Details

See Senate Version of this Bill:
S418
Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 §7, Constn
Versions Introduced in 2015-2016 Legislative Session:
A10739, S8163

2017-A1749 (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.

2017-A1749 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1749
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced  by  M.  of  A.  BUCHWALD, MORELLE, CASTORINA, GALEF, LAVINE,
   MAYER, BARRETT, CUSICK,  GJONAJ,  LUPARDO,  McDONALD,  PAULIN,  ROZIC,
   BRINDISI,  DenDEKKER,  JAFFEE,  LUPINACCI,  MONTESANO, PEOPLES-STOKES,
   BRONSON, DINOWITZ, JOHNS, MAGEE, ORTIZ, PICHARDO, SANTABARBARA,  FAHY,
   KEARNS,  MALLIOTAKIS,  OTIS, QUART, SCHIMMINGER, SEAWRIGHT, SEPULVEDA,
   SKOUFIS, STEC, STECK, WOERNER, STIRPE, ZEBROWSKI, THIELE -- 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:
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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