S T A T E O F N E W Y O R K
________________________________________________________________________
7704
2015-2016 Regular Sessions
I N A S S E M B L Y
May 22, 2015
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Introduced by M. of A. BUCHWALD, MORELLE, BARRETT, BRINDISI, FAHY,
GALEF, KAMINSKY, LAVINE, LUPARDO, McDONALD, OTIS, RUSSELL, SEPULVEDA,
SKOUFIS, STIRPE, ZEBROWSKI, PAULIN, WOERNER -- read once and referred
to the Committee on Governmental Operations
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 7 of article 5 of the constitution, in
relation to the public pension of a public officer
Section 1. Resolved (if the Senate concur), That section 7 of article
5 of the constitution be amended to read as follows:
S 7. (A) 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.
(B) NOTWITHSTANDING SUBDIVISION (A) OF THIS SECTION, THE PUBLIC
PENSION OF A PUBLIC OFFICER, AS DEFINED IN PARAGRAPH (C) OF THIS
SECTION, WHO STANDS CONVICTED OF A FELONY COMMITTED IN DIRECT CONNECTION
WITH SERVICE AS A PUBLIC OFFICER, MAY BE REDUCED OR REVOKED, FOLLOWING
NOTICE AND A HEARING BY AN APPROPRIATE COURT, AS PROVIDED BY LAW. SUCH
REDUCTION OR REVOCATION MAY ONLY BE OF THE PENSION OWED TO THE PUBLIC
OFFICER FROM THE RETIREMENT SYSTEM THAT SUCH OFFICER WAS A MEMBER OF AT
THE TIME OF THE COMMISSION OF SUCH FELONY. THE COURT DETERMINATION
WHETHER TO REDUCE OR REVOKE SUCH PENSION SHALL BE BASED ON THE CONSIDER-
ATION OF FACTORS INCLUDING THE SEVERITY OF THE CRIME AND THE PROPORTION-
ALITY OF A REDUCTION OR REVOCATION OF THE PENSION TO SUCH CRIME, AND
WHEN A COURT ISSUES AN ORDER TO REDUCE OR REVOKE SUCH PENSION, THE COURT
SHALL ORDER: (I) PAYMENT OF A PORTION OF SUCH PENSION TO THE INNOCENT
SPOUSE, INNOCENT MINOR CHILDREN AND OTHER DEPENDENTS PURSUANT TO LAW OF
SUCH OFFICER AFTER CONSIDERATION OF THE FINANCIAL NEEDS AND RESOURCES OF
SUCH SPOUSE, CHILDREN AND DEPENDENTS AND OTHER FACTORS AS PROVIDED BY
LAW; AND (II) THAT CONTRIBUTIONS PAID INTO THE RELEVANT RETIREMENT
SYSTEM BY SUCH OFFICER BE RETURNED TO HIM OR HER, EXCEPT THAT THE LEGIS-
LATURE MAY PROVIDE THAT SUCH RETURN BE CONDITIONED ON THE OFFICER'S
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89101-01-5
A. 7704 2
COMPLIANCE WITH OR SATISFACTION OF ANY JUDGMENTS OR ORDERS FOR THE
PAYMENT OF RESTITUTION TO THE STATE OR A MUNICIPALITY FOR LOSSES
INCURRED AS A RESULT OF SUCH FELONY RELATED TO PUBLIC OFFICE. THE LEGIS-
LATURE SHALL ENACT LEGISLATION TO IMPLEMENT THIS AMENDMENT TAKING INTO
ACCOUNT INTERESTS OF JUSTICE.
(C) FOR THE PURPOSES OF PARAGRAPH (B) OF THIS SECTION, THE TERM
"PUBLIC OFFICER" SHALL MEAN: (I) AN OFFICIAL FILLING AN ELECTED OFFICE
WITHIN THE STATE; (II) A HOLDER OF OFFICE FILLED BY APPOINTMENT BY THE
GOVERNOR OF THIS STATE, EITHER UPON OR WITHOUT SENATE CONFIRMATION;
(III) A COUNTY, CITY, TOWN OR VILLAGE ADMINISTRATOR, MANAGER OR EQUIV-
ALENT POSITION; (IV) THE HEAD OR HEADS OF ANY STATE OR LOCAL GOVERNMENT
DEPARTMENT, DIVISION, BOARD, COMMISSION, BUREAU, PUBLIC BENEFIT CORPO-
RATION, OR PUBLIC AUTHORITY OF THIS STATE WHO ARE VESTED WITH AUTHORITY,
DIRECTION AND CONTROL OVER SUCH DEPARTMENT, DIVISION, BOARD, COMMISSION,
BUREAU, PUBLIC BENEFIT CORPORATION OR PUBLIC AUTHORITY; (V) THE CHIEF
FISCAL OFFICER OR TREASURER OF ANY MUNICIPAL CORPORATION OR POLITICAL
SUBDIVISION OF THE STATE; (VI) A JUDGE OR JUSTICE OF THE UNIFIED COURT
SYSTEM; AND (VII) A LEGISLATIVE, EXECUTIVE, OR JUDICIAL EMPLOYEE OF THIS
STATE WHO DIRECTLY ASSISTS IN THE FORMULATION OF LEGISLATION, RULE,
REGULATION, POLICY, OR JUDICIAL DECISION-MAKING AND WHO IS DESIGNATED AS
A POLICYMAKER AS DEFINED BY LAW OR AS AUTHORIZED BY LAW.
(D) PARAGRAPH (B) OF THIS SECTION SHALL ONLY APPLY TO CRIMES COMMITTED
ON OR AFTER THE FIRST OF JANUARY NEXT SUCCEEDING THE DATE UPON WHICH THE
PEOPLE SHALL APPROVE AND RATIFY THE AMENDMENTS TO THE CONSTITUTION THAT
ADDED THIS PARAGRAPH, PROVIDED, HOWEVER, THAT NOTHING IN SUBDIVISIONS
(B), (C) OR THIS SUBDIVISION OF THIS SECTION SHALL BE READ TO ABROGATE
THE APPLICATION OF ANY EXISTING STATUTORY PROVISIONS RELATED TO THE
REDUCTION OR REVOCATION OF A PUBLIC PENSION OR RETIREMENT SYSTEM BENEFIT
TO ANY PARTICIPANTS WHO BECAME MEMBERS OF SUCH PENSION OR RETIREMENT
SYSTEM AFTER THE EFFECTIVE DATE OF SUCH STATUTORY PROVISIONS.
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.