S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3564
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced by M. of A. FITZPATRICK, TAGUE -- Multi-Sponsored by -- M. of
   A.  MANKTELOW, MORINELLO -- read once and referred to the Committee on
   Governmental Operations
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to section 7 of article 5 of the constitution, in
   relation to the calculation of pension benefits for public employees
 
   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 ACCRUED benefits of  which,  AS
 DEFINED BY LAW, 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
 within the state; (ii) a holder of office filled by  direct  appointment
 by  the  governor of this state, either upon or without senate confirma-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89085-01-3
 A. 3564                             2
 
 tion; (iii) a county, city, town or village  administrator,  manager  or
 equivalent  position;  (iv)  the  head  or  heads  of any state or local
 government department, division, board, commission, bureau, public bene-
 fit  corporation,  or public authority of this state who are vested with
 authority, direction and control over such department, division,  board,
 commission,  bureau, public benefit corporation or public authority; (v)
 the chief fiscal officer or treasurer of any  municipal  corporation  or
 political  subdivision  of  the  state;  (vi)  a judge or justice of the
 unified court system; and (vii) a legislative,  executive,  or  judicial
 employee of this state who directly assists in the formulation of legis-
 lation,  rules, regulations, policy, or judicial decision-making and who
 is designated as a policymaker as set forth in statute.
   (d) Paragraph (b) of this section shall only apply to crimes committed
 on or after the first of January next succeeding the date upon which the
 people shall approve and ratify the amendment to the  constitution  that
 added this paragraph.
   §  2. 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.