S T A T E O F N E W Y O R K
________________________________________________________________________
271
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. MONTESANO, McKEVITT, FINCH -- Multi-Sponsored by
-- M. of A. CORWIN, JORDAN, SALADINO -- 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02288-01-1
A. 271 2
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.
S 3. The civil service law is amended by adding a new section 153 to
read as follows:
S 153. FORFEITURE OF BENEFITS. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, ANY PUBLIC EMPLOYEE WHO IS CONVICTED OF A FELONY
CRIME RELATED TO ABUSE OF HIS OR HER EMPLOYMENT SHALL HAVE ALL BENEFITS
ABOLISHED, INCLUDING, BUT NOT LIMITED TO, SALARY AND RETIREMENT BENE-
FITS; PROVIDED, HOWEVER, THAT SUCH PUBLIC EMPLOYEE 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.
S 4. The education law is amended by adding a new section 3020-b to
read as follows:
S 3020-B. FORFEITURE OF BENEFITS. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, A PERSON EMPLOYED AS A SUPERINTENDENT OF
SCHOOLS, TEACHER, OR EMPLOYEE IN A PUBLIC SCHOOL WHO IS CONVICTED OF A
FELONY CRIME RELATED TO ABUSE OF HIS OR HER EMPLOYMENT SHALL HAVE ALL
BENEFITS ABOLISHED, INCLUDING, BUT NOT LIMITED TO, SALARY AND RETIREMENT
BENEFITS; PROVIDED, HOWEVER, THAT SUCH SUPERINTENDENT, TEACHER, OR
EMPLOYEE SHALL BE ENTITLED TO A PRO RATA RETURN OF HIS OR HER CONTRIB-
UTION PAID INTO THE RELEVANT RETIREMENT SYSTEM, IN ANY AMOUNT PROPOR-
TIONATE TO THE AMOUNT OF ANY FORFEITURE, WITHOUT INTEREST.
S 5. This act shall take effect immediately.