Assembly Bill A10581

2009-2010 Legislative Session

Eliminates benefits for any public officer, public employee, or public school employee convicted of a felony related to abuse of office

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Archive: Last 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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2009-A10581 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §2, add §3-d, Pub Off L; add §153, Civ Serv L; add §3020-b, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A271

2009-A10581 (ACTIVE) - Summary

Provides that any public officer, public employee, superintendent of schools, teacher, or employee in a public school who is convicted of a felony related to abuse of office or employment shall have all benefits abolished, including, but not limited to, salary and retirement, except that such convicted person shall be entitled to a pro rata return of his or her contribution paid into the retirement system.

2009-A10581 (ACTIVE) - Sponsor Memo

2009-A10581 (ACTIVE) - Bill Text download pdf 

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

                                  10581

                          I N  A S S E M B L Y

                              April 8, 2010
                               ___________

Introduced  by  M.  of  A.  MONTESANO  --  read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the public officers law, the civil service law  and  the
  education  law,  in  relation  to  forfeiture  of  benefits for felony
  convictions related to abuse of office

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

  Section  1. Section 2 of the public officers law is amended to read as
follows:
  S 2. Definitions. The term "state officer" includes every officer  for
whom  all the electors of the state are entitled to vote, members of the
legislature, justices of the [supreme] UNIFIED court SYSTEM, regents  of
the  university, and every officer, appointed by one or more state offi-
cers, or by the legislature, and authorized  to  exercise  his  official
functions  throughout  the  entire  state,  or without limitation to any
political subdivision of  the  state,  except  United  States  senators,
members  of  congress,  and electors for president and vice-president of
the United States. The term "local officer" includes every other officer
who is elected by the electors of a portion only  of  the  state,  every
officer  of  a  political  subdivision  or  municipal corporation of the
state, EVERY SCHOOL OFFICER, and every officer limited in the  execution
of his official functions to a portion only of the state.  The office of
a  state  officer  is a state office. The office of a local officer is a
local office.
  S 2. The public officers law is amended by adding a new section 3-d to
read as follows:
  S 3-D. FORFEITURE OF BENEFITS. NOTWITHSTANDING ANY OTHER PROVISION  OF
LAW  TO  THE  CONTRARY,  ANY PUBLIC OFFICER WHO IS CONVICTED OF A FELONY
CRIME RELATED TO ABUSE OF HIS OR HER  OFFICE  SHALL  HAVE  ALL  BENEFITS
ABOLISHED,  INCLUDING,  BUT  NOT LIMITED TO, SALARY AND RETIREMENT BENE-
FITS; PROVIDED, HOWEVER, THAT SUCH PUBLIC OFFICER SHALL BE ENTITLED TO A
PRO RATA RETURN OF HIS  OR  HER  CONTRIBUTION  PAID  INTO  THE  RELEVANT
RETIREMENT  SYSTEM,  IN  ANY  AMOUNT  PROPORTIONATE TO THE AMOUNT OF ANY
FORFEITURE, WITHOUT INTEREST.

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

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