Senate Bill S4591

                                BILL NUMBER:S4591

TITLE OF BILL:  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

PURPOSE OR GENERAL IDEA OF BILL:  The purpose of this legislation is
to propose the removal of pension and retirement benefits from public
officials convicted of certain felonies.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Resolved (if the Assembly concur), That Section 7 of
Article 5 of the constitution be amended to read as follows: § 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 The right to receive benefits by any public
official who is convicted of a felony offense related to public office
as set forth in section 156 of the retirement and social security law
that occurred during their time in office shall, after notice and the
opportunity to be heard, shall be subject to forfeiture or reduction,
regardless of the date that such public official's membership in such
retirement system commenced.

              

Section 2. Resolved (if the Assembly 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.

JUSTIFICATION:  The New York State Constitution provides the oath of
office that every public official is required to take an oath. In this
oath, each public official swears to uphold the Constitution and the
Laws of New York State and to faithfully discharge the duties of his
or her office, The purpose of this oath is to assure the citizens of
the State of New York that the individuals who work for their benefit
are worthy of their trust. When a public official commits a crime
related to his or her public office, he or she has harmed the entire
State of New York and its' citizens. These public officials should not
be allowed to receive a pension for their public service.  Public
Integrity Reform Act of 2011 amended the Retirement and Social
Security Law to add a new Article 3-B to provide that a public
official who is convicted of a crime related to public office will
forfeit his or her rights to a pension from the New York State or the
Local Employees Retirement System or New York City Employees'
Retirement System. Unfortunately, Article 3-B only applies to public
officials who join either retirement system on or after August 15,
2011. Any public official who joined either retirement system before
August 15, 2011 would not be subject to pension forfeiture provisions
of Article 3-B.

Because Section 5 of Article VII provides that "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," the only mechanism available to
provide for pension forfeiture for public officials who are not
subject to the forfeiture provisions of Retirement and Social Security
Law Article 3-B is to amend the Constitution. This bill provides such
an amendment. Because the ultimate victims of any crime related to
public office are the people of the State of New York, the question of
whether public officers who commit a crime against public office
should lose their pension rights should be decided by the people of
the State of New York.

New Yorkers need to feel as though they can trust the people empowered
to safeguard their welfare. This trust has been tested by current
events. All public officials need to remember that their primary
obligation is to New Yorkers. When a public official forgets this
obligation and puts his or her interest above those of the people, he
or she should not be allowed to benefit from public service that he or
she used for his or her own benefit.

PRIOR LEGISLATIVE HISTORY:  New bill

FISCAL IMPLICATIONS:  There are no fiscal implications associated with
the passage of this legislation.

EFFECTIVE DATE:  Resolved (if the Assembly concur), That the foregoing
amendment be referred to the first regular legislation 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.