§ 157. Pension forfeiture. 1. Notwithstanding any other law to the
contrary, it shall be a term and condition of membership for every
public official that such public official's rights to a pension in a
retirement system that accrue in such retirement system after his or her
date of initial membership in the retirement system shall be subject to
the provisions of this article.

2. In the case of a public official who stands convicted, by plea of
nolo contendere or plea of guilty to, or by conviction after trial, of
any crime related to public office, and has been sentenced, an action
may be commenced in supreme court of the county in which such public
official was convicted of such felony crime, by the district attorney
having jurisdiction over such crime, or by the attorney general if the
attorney general brought the criminal charge which resulted in such
conviction, for an order to reduce or revoke the pension to which such
public official is otherwise entitled for service as a public official.
Such complaint shall specify with particularity which category of felony
pursuant to subdivision one of section one hundred fifty-six of this
article the defendant has committed, and all other facts that are
alleged to qualify such crime as a felony crime related to public office
subject to pension reduction or revocation pursuant to this article, and
the amount of pension reduction or revocation requested. Such action
shall be commenced within six months after such sentencing.

3. Before commencing an action described in subdivision two of this
section, the district attorney or the attorney general, as the case may
be, shall serve written notice on the chief administrator of the
defendant's retirement system stating that he or she has reason to
believe that the person convicted committed the crime related to public
office in the performance of or failure to perform the public official's
duties and responsibilities. Such notice shall specify with
particularity which category of felony pursuant to subdivision one of
section one hundred fifty-six of this article the defendant has
committed. Within twenty days after receipt of such notice, the chief
administrator of the defendant's retirement system shall submit a notice
of applicability to the district attorney or the attorney general as the
case may be. The notice of applicability shall contain a statement
specifying whether the person convicted is or has been a member or
retired member of a retirement system and shall describe the portion of
such rights and benefits to which such person is or will be entitled to
solely from service as such a public official.

4. No forfeiture action may be commenced by the district attorney or
the attorney general until such district attorney or the attorney
general, as the case may be, has received and served on the defendant
the notice of applicability as set forth in subdivision three of this
section.

5. The district attorney or the attorney general, or any interested
party, may seek, or the court on its own motion may order, that some or
all of the pension that would otherwise be reduced or revoked pursuant
to this article be paid for the benefit of any dependent persons, as may
be in the interests of justice.

6. The defendant shall have the right to a hearing.

7. The burden of proof shall be upon the district attorney or the
attorney general, as the case may be, to prove by clear and convincing
evidence the facts necessary to establish a claim of pension forfeiture.
The district attorney or the attorney general as the case may be must,
at the time of the hearing, prove by clear and convincing evidence that
the defendant knowingly and intentionally committed the crime related to
public office.

8. In determining whether the pension shall be reduced or revoked, the
supreme court shall consider and make findings of fact and conclusions
of law that include, but shall not be limited to, a consideration of the
following factors:

(a) Whether the defendant stands convicted of such a felony of a crime
related to public office, and the specific paragraph or paragraphs of
subdivision one of section one hundred fifty-six of this article that
have been proven or not proven;

(b) The severity of the crime related to public office of which the
defendant stands convicted;

(c) The amount of monetary loss suffered by such state or municipality
as a result of such crime related to public office;

(d) The degree of public trust reposed in the public official by
virtue of the person's position as a public official;

(e) If the crime related to public office was part of a fraudulent
scheme against the state or a municipality, the role of the public
official in such fraudulent scheme against such state or a municipality;

(f) The defendant's criminal history, if any;

(g) The impact of forfeiture, in whole or in part, on defendant's
dependents, present or former spouses, or domestic partners;

(h) The proportionality of forfeiture of all or part of the pension to
the crime committed;

(i) The years of service in public office by the defendant where no
criminal activity has been found by a court; and

(j) Any such other factors as, in the judgment of the supreme court,
justice may require.

9. At any time during the pendency of a forfeiture action, the court
may dismiss the action if it finds that such relief is warranted by the
existence of some compelling factor, consideration or circumstance or
other information or evidence which demonstrates that forfeiture would
not serve the ends of justice. The court may order that some or all of
the reduced or revoked pension be paid to satisfy the terms of any
existing order for the payment of maintenance, child support or
restitution or for the benefit of any dependent persons, as may be in
the interests of justice, after taking into consideration the financial
needs and resources available for support of such persons.

10. (a) Upon a finding by the court by clear and convincing evidence
that the defendant knowingly and intentionally committed a crime related
to public office, the court may issue an order to the appropriate
retirement system to reduce or revoke the defendant's pension to which
he or she is otherwise entitled as such a public official. All orders
and findings made by the court pursuant to this section shall be served
by the attorney general or the district attorney, as the case may be
upon the chief administrator of the defendant's retirement system and
the defendant.

(b) If the court issues an order pursuant to paragraph (a) of this
subdivision, the court shall order payment of a portion of such pension
benefit to: (1) the innocent spouse if so requested by such spouse
payable at the time the public official would have been eligible for
retirement if such spouse has not otherwise waived, in writing, his or
her right to such benefit; and (2) innocent minor children and other
dependents pursuant to law of the public official in an amount that the
court finds just and proper consistent with the pension benefits to
which the public official would be entitled and the portion of those
benefits which would be used for the support of such minor children or
dependents pursuant to law. Such payment to the innocent spouse shall be
computed pursuant to paragraph (c) of this subdivision, and payments
pursuant to subparagraphs one and two of this paragraph shall be
adjusted to reflect interest accrued between the time of such conviction
and the time of such payment.

(c) When determining the amount of benefits which the defendant's
innocent spouse is entitled to receive, the factors contained in
paragraph d of subdivision five of part B of section two hundred
thirty-six of the domestic relations law shall be considered by the
court. However, when determining such apportionment, the court shall not
annul or modify any prior court order regarding such benefits.

11. The court shall issue a written decision including findings of
fact and conclusions of law that are the basis for any order issued
pursuant to this section.

12. Upon a final determination that reverses or vacates the conviction
or convictions of a crime related to public office, or reduces such
crime to a violation, misdemeanor or other criminal act that is not a
crime related to public office, the public official, or if he or she
shall be deceased, his or her estate, shall have such pension
retroactively restored upon application to the court with jurisdiction
over the forfeiture action. Such court, upon finding that such a final
determination has occurred, shall issue an order retroactively restoring
such pension, together with such other relief deemed appropriate.

13. A final judgment entered pursuant to this article may be appealed
pursuant to subdivision (a) of section fifty-seven hundred one and
section fifty-six hundred two of the civil practice law and rules.

14. Except as otherwise provided by this article, the civil practice
law and rules shall govern the procedure in all actions commenced
pursuant to this article, except where the action is specifically
regulated by any inconsistent provisions herein.