Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 16, 2016 |
referred to rules delivered to senate passed assembly |
Jan 06, 2016 |
ordered to third reading cal.308 returned to assembly died in senate |
Jun 16, 2015 |
referred to rules delivered to senate passed assembly motion to amend lost ordered to third reading rules cal.505 rules report cal.505 reported |
Jun 08, 2015 |
reported referred to rules reported referred to judiciary reported referred to ways and means reported referred to codes |
May 26, 2015 |
to attorney-general for opinion |
May 22, 2015 |
referred to governmental operations |
Assembly Bill A7704
2015-2016 Legislative Session
Sponsored By
BUCHWALD
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Joseph Morelle
Didi Barrett
Anthony Brindisi
Patricia Fahy
multi-Sponsors
Mark C. Johns
Peter Lopez
Robin Schimminger
James Tedisco
2015-A7704 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Constitution, Concurrent Resolutions to Amend
- Laws Affected:
- Amd Art 5 §7, Constn
- Versions Introduced in 2015-2016 Legislative Session:
-
A7704
2015-A7704 (ACTIVE) - Bill Text download pdf
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 ___________ 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.
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