Assembly Bill A7425

2025-2026 Legislative Session

Relates to reducing a correction officer's pension to satisfy certain judgments

download bill text pdf

Sponsored By

Current 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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2025-A7425 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 §7, Constn

2025-A7425 (ACTIVE) - Summary

Relates to reducing a correction officer's pension to satisfy certain judgments from the death or hospitalization of an incarcerated individual; provides that a correction officer's pension may be reduced to no less than $20,000 to satisfy a judgment; provides that a court shall hold a hearing to determine the amount of the reduction.

2025-A7425 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7425
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 26, 2025
                                ___________
 
 Introduced  by M. of A. GIBBS -- read once and referred to the Committee
   on Governmental Employees
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to article 5 of the constitution, in relation  to
   reducing a correction officer's pension to satisfy certain judgments

   Section  1. Resolved (if the Senate concur), That section 7 of article
 5 of the constitution be amended by adding a new subdivision (e) to read
 as follows:
   (E) (I) NOTWITHSTANDING SUBDIVISION (A) OF THIS  SECTION,  THE  PUBLIC
 PENSION  OF  A  CORRECTION OFFICER, AS DEFINED IN PARAGRAPH (II) OF THIS
 SUBDIVISION, WHO IS FOUND LIABLE FOR THE DEATH OR HOSPITALIZATION OF  AN
 INCARCERATED  INDIVIDUAL, MAY BE REDUCED TO NO LESS THAN TWENTY THOUSAND
 DOLLARS TO SATISFY ANY JUDGMENT AGAINST SUCH CORRECTION OFFICER PRIOR TO
 THE PAYMENT OF ANY PUBLIC FUNDS, FOLLOWING NOTICE AND A  HEARING  BY  AN
 APPROPRIATE  COURT,  AS PROVIDED BY LAW. THE COURT DETERMINATION WHETHER
 TO REDUCE SUCH PENSION SHALL BE BASED ON THE  CONSIDERATION  OF  FACTORS
 INCLUDING  THE  SEVERITY  OF  SUCH  CORRECTION OFFICER'S ACTIONS AND THE
 PROPORTIONALITY OF A REDUCTION OF SUCH PENSION TO SUCH ACTIONS.  WHEN  A
 COURT  ISSUES  AN ORDER TO REDUCE SUCH PENSION, THE COURT SHALL CONSIDER
 AND DETERMINE SPECIFIC FINDINGS AS TO THE AMOUNT OF SUCH  REDUCTION,  IF
 ANY,  AND  WHETHER THE REDUCTION 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 LEGIS-
 LATION TO IMPLEMENT THIS AMENDMENT.
   (II) FOR THE PURPOSES OF PARAGRAPH (I) OF THIS SUBDIVISION,  THE  TERM
 "CORRECTION  OFFICER"  SHALL  MEAN  A  PERSON EMPLOYED BY THE STATE OR A
 POLITICAL SUBDIVISION THEREOF AND IS CHARGED WITH THE DUTY OF  MAINTAIN-
 ING  THE  CUSTODY  AND  SUPERVISION OF PERSONS DETAINED OR CONFINED IN A
 STATE OR LOCAL CORRECTIONAL FACILITY.
   (III) PARAGRAPH (I) OF THIS SUBDIVISION SHALL ONLY  APPLY  TO  ACTIONS
 FILED  ON  OR  AFTER  THE FIRST OF JANUARY NEXT SUCCEEDING THE DATE UPON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD89110-01-5

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