senate Bill S4836

Amended

Relates to forfeiture of pension rights or retirement benefits upon conviction of a felony related to public employment

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 25 / Apr / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 13 / May / 2013
    • AMEND (T) AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 13 / May / 2013
    • PRINT NUMBER 4836A
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS

Summary

Relates to forfeiture of pension rights or retirement benefits upon conviction of a felony related to public employment.

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Bill Details

Versions:
S4836
S4836A
Legislative Cycle:
2013-2014
Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement and Social Security Law
Laws Affected:
Add ยง157-a, R & SS L

Sponsor Memo

BILL NUMBER:S4836

TITLE OF BILL: An act to amend the retirement and social security
law, in relation to forfeiture of pension rights or retirement
benefits upon conviction of a felony related to public employment

SUMMARY OF PROVISIONS:

Section One of the bill amends the retirement and social security law
to state that any state officer or local officer who accepts
compensation from the state in the form of reimbursement for per diem
expenses, in whole or in part, and is convicted in any federal or
state court of competent jurisdiction of a felony related to public
office, shall be subject to forfeiture of rights and privileges under
a public retirement system or pension plan.

EXISTING LAW: New law

JUSTIFICATION: Among other provisions, the Public Integrity Reform
Act of 2011 (Chapter 399 of the laws of 2011) requires the reduction
or forfeiture of a public officer's pension under certain
circumstances where he or she has been convicted of a felony related
to his office; however, it only applies to officials who joined the
pension system after 2011, exempting every legislator in office at the
time of the act's enactment.

Legislation has been introduced to rectify this discrepancy through a
state constitutional amendment. This bill solves this problem without
the need for a cumbersome and lengthy constitutional amendment process
by tying the acceptance of per diems for all legislators - not just
those elected after 2011 - to an agreement to forfeit their pensions
in the event of a felony conviction for corruption.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: Savings to the State of New York

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4836

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 25, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the retirement and social security law, in  relation  to
  forfeiture of pension rights or retirement benefits upon conviction of
  a felony related to public employment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The retirement and social security law is amended by adding
a new section 157-a to read as follows:
  S 157-A. PENSION FORFEITURE; PER DIEM EXPENSE ACCEPTANCE. 1. ANY STATE
OFFICER OR LOCAL OFFICER, AS SUCH TERMS ARE DEFINED IN  SECTION  TWO  OF
THE  PUBLIC OFFICERS LAW, WHO ACCEPTS COMPENSATION FROM THE STATE IN THE
FORM OF REIMBURSEMENT FOR PER DIEM EXPENSES, IN WHOLE OR IN PART, AND IS
CONVICTED IN ANY FEDERAL OR STATE COURT OF COMPETENT JURISDICTION  OF  A
FELONY  RELATED  TO  PUBLIC  OFFICE,  SHALL  BE SUBJECT TO FORFEITURE OF
RIGHTS OF PRIVILEGES UNDER A PUBLIC RETIREMENT SYSTEM OR PENSION PLAN.
  2. THE PROVISIONS OF SUBDIVISIONS TWO, THREE, FOUR, FIVE, SIX,  SEVEN,
EIGHT,  NINE,  TEN, ELEVEN, TWELVE, THIRTEEN AND FOURTEEN OF SECTION ONE
HUNDRED FIFTY-SEVEN OF THIS ARTICLE SHALL APPLY TO  ANY  ACTION  FOR  AN
ORDER  TO  REDUCE OR REVOKE THE PENSION TO WHICH SUCH PUBLIC OFFICIAL IS
OTHERWISE ENTITLED FOR SERVICE AS A PUBLIC OFFICIAL.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10509-01-3

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