Legislation
SECTION 7
Membership in retirement systems; benefits not to be diminished nor impaired
Constitution (CNS) CHAPTER , ARTICLE V
§ 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
officer's existing duties, may be reduced or revoked, following notice
and a hearing by an appropriate court, as provided by law. The court
determination 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
confirmation; (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
benefit 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 legislation, 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.
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
officer's existing duties, may be reduced or revoked, following notice
and a hearing by an appropriate court, as provided by law. The court
determination 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
confirmation; (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
benefit 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 legislation, 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.