senate Bill S4836A

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 §157-a, R & SS L; amd §5, Leg L

Sponsor Memo

BILL NUMBER:S4836A

TITLE OF BILL: An act to amend the retirement and social security law
and the legislative 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.

Further, Subdivision 2 of section 5 of the legislative law, as amended
by section 1 of part M-1 of chapter 407 of the laws of 1999 is amended
to state that 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--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 25, 2013
                               ___________

Introduced  by Sens. HOYLMAN, KENNEDY, O'BRIEN -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Civil
  Service  and  Pensions  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the retirement and social security law and the  legisla-
  tive  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. Subdivision 2 of section 5 of the legislative law, as amended by
section 1 of part M-1 of chapter 407 of the laws of 1999, is amended  to
read as follows:
  2.  A.  Each member of the legislature shall receive payment of actual
and necessary transportation expenses and a per diem equivalent  to  the
most  recent  federal  per  diem rates published by the General Services
Administration and set forth in 41 CFR  (Code  of  Federal  Regulations)
Part  301,  App.  A, while in travel status in the performance of his or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10509-02-3

S. 4836--A                          2

her duties; and such other reasonable expenses as may be  necessary  for
the  performance  of  the member's responsibilities as determined by the
temporary president of the senate or speaker of the assembly  for  their
respective  houses.  The per diem allowances, including partial per diem
allowances, shall be made pursuant to  regulations  promulgated  by  the
temporary  president  of  the senate and the speaker of the assembly for
their respective houses, on audit and  warrant  of  the  comptroller  on
vouchers approved by the temporary president of the senate or his or her
designee  and  the  speaker  of  the assembly or his or her designee for
their respective houses.
  B. 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. 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 THE RETIREMENT  AND  SOCIAL  SECURITY
LAW  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 3. This act shall take effect immediately.

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