senate Bill S4807A

2013-2014 Legislative Session

Clarifies the identity of courts having jurisdiction relating to a conviction of a felony as grounds for forfeiture of a public officer's New York state pension benefits

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to civil service and pensions
Apr 26, 2013 print number 4807a
amend and recommit to civil service and pensions
Apr 24, 2013 referred to civil service and pensions

S4807 - Details

Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §157, R & SS L

S4807 - Summary

Clarifies the identity of courts having jurisdiction relating to a conviction of a felony as grounds for forfeiture of a public officer's New York state pension benefits.

S4807 - Sponsor Memo

S4807 - Bill Text download pdf

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

                                  4807

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the retirement and social security law, in  relation  to
  clarifying  the  identity  of courts having jurisdiction relating to a
  conviction of a felony as grounds for forfeiture of a public officer's
  New York state pension benefits

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

  Section  1.  Subdivision 2 of section 157 of the retirement and social
security law, as added by section 1 of part C of chapter 399 of the laws
of 2011, is amended to read as follows:
  2. In the case of a public official who stands convicted, by  plea  of
nolo  contendere  or plea of guilty to, or by conviction after trial, IN
ANY COURT OF COMPETENT JURISDICTION IN THIS OR ANY OTHER STATE OR IN ANY
FEDERAL COURT OF COMPETENT JURISDICTION, of any crime related to  public
office,  an  action  may  be commenced in supreme court of the county in
which such public official was convicted of such felony  crime,  by  the
district  attorney having jurisdiction over such crime, or by the attor-
ney general if the attorney general brought the  criminal  charge  which
resulted  in  such  conviction,  for  an  order  to reduce or revoke the
pension to which such public official is otherwise entitled for  service
as  a  public  official. Such complaint shall specify with particularity
which category of felony pursuant to  subdivision  one  of  section  one
hundred  fifty-six  of this article the defendant has committed, and all
other facts that are alleged to qualify such crime  as  a  felony  crime
related  to  public  office  subject  to pension reduction or revocation
pursuant to this article, and the amount of pension reduction or revoca-
tion requested. Such action shall be commenced within six  months  after
such conviction.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10474-01-3

Co-Sponsors

S4807A (ACTIVE) - Details

Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §157, R & SS L

S4807A (ACTIVE) - Summary

Clarifies the identity of courts having jurisdiction relating to a conviction of a felony as grounds for forfeiture of a public officer's New York state pension benefits.

S4807A (ACTIVE) - Sponsor Memo

S4807A (ACTIVE) - Bill Text download pdf

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

                                 4807--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- 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, in relation to
  clarifying the identity of courts having jurisdiction  relating  to  a
  conviction of a felony as grounds for forfeiture of a public officer's
  New York state pension benefits

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

  Section 1. This act shall be known and may be cited  as  the  "federal
corruption loophole closure act".
  S 2. Subdivision 2 of section 157 of the retirement and social securi-
ty  law,  as  added by section 1 of part C of chapter 399 of the laws of
2011, is amended to read as follows:
  2. In the case of a public official who stands convicted, by  plea  of
nolo  contendere  or plea of guilty to, or by conviction after trial, IN
ANY COURT OF COMPETENT JURISDICTION IN THIS OR ANY OTHER STATE OR IN ANY
FEDERAL COURT OF COMPETENT JURISDICTION, of any crime related to  public
office,  an  action  may  be commenced in supreme court of the county in
which such public official was convicted of such felony  crime,  by  the
district  attorney having jurisdiction over such crime, or by the attor-
ney general if the attorney general brought the  criminal  charge  which
resulted  in  such  conviction,  for  an  order  to reduce or revoke the
pension to which such public official is otherwise entitled for  service
as  a  public  official. Such complaint shall specify with particularity
which category of felony pursuant to  subdivision  one  of  section  one
hundred  fifty-six  of this article the defendant has committed, and all
other facts that are alleged to qualify such crime  as  a  felony  crime
related  to  public  office  subject  to pension reduction or revocation
pursuant to this article, and the amount of pension reduction or revoca-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10474-02-3

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