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Assembly Bill A11201

2009-2010 Legislative Session

Proposes the removal of pension and retirement benefits from persons convicted of certain felonies

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Archive: Last Bill Status - In Assembly Committee

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2009-A11201 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 ยง7, Constn
Versions Introduced in Other Legislative Sessions:
2011-2012: A702
2013-2014: A4935
2015-2016: A4643
2017-2018: A2885

2009-A11201 (ACTIVE) - Summary

Proposes the removal of pension and retirement benefits from persons convicted of certain felonies.

2009-A11201 (ACTIVE) - Bill Text download pdf 

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

                                  11201

                          I N  A S S E M B L Y

                              May 25, 2010
                               ___________

Introduced  by M. of A. SAYWARD -- read once and referred to the Commit-
  tee on Governmental Employees

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 7 of article 5 of the constitution, in
  relation to removal of pension and retirement  benefits  from  persons
  convicted of certain felonies

  Section 1.  Resolved (if the Senate concur), That section 7 of article
5 of the constitution be amended to read as follows:
  S  7.  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 EXCEPT IN INSTANCES WHERE THE MEMBER IS CONVICTED
OF  ANY FELONY OFFENSES AS DEFINED BY STATE OR FEDERAL LAW AND WHEN THAT
OFFENSE WAS DIRECTLY RELATED TO ASSIGNED  DUTIES  WHILE  SERVING  AS  AN
ELECTED  OFFICIAL, OR OFFICER OF THE STATE OR OF A CIVIL DIVISION THERE-
OF. IN SUCH A CASE THE CONTRACTUAL RELATIONSHIP WILL BE DEEMED  TO  HAVE
BEEN  SEVERED BY THE BENEFICIARY DUE TO THEIR BREACH OF THE PUBLIC TRUST
AND VIOLATION OF THEIR OATH OF OFFICE.
  S 2. Resolved (if the Senate concur), That the foregoing amendment  be
referred  to  the  first regular legislative session convening after the
next succeeding general election of members of  the  assembly,  and,  in
conformity  with  section  1  of  article  19  of  the  constitution, be
published for 3 months previous to the time of such election.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89201-01-0

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