Senate Bill S2680

                                BILL NUMBER:S2680

TITLE OF BILL:

An act to amend the retirement and social security law, in relation to
forfeiture of pension rights or retirement benefits upon conviction of
a felony related to public employment

PURPOSE:

Prohibits the receipt of pension benefits when any elected official
engages in criminal conduct in relation to that office while earning
the Pension. If the public officer is convicted of a crime involved
with the performance of his or her public duties, then those pension
benefits are ill-gotten gains. The taxpayers must not bear any costs
of illegal activities, let alone from a person held to the highest
standard of trust.

SUMMARY OF PROVISIONS:

* A member or retired member who is convicted of a designated felony
offense related to the performance or failure to perform official
duties and responsibilities may have an action commenced in supreme
court by the district attorney for the forfeiture of all or a portion
of those rights and benefits to which such person is entitled.

              

* Currently the statute only applies to members of the retirement
system elected subsequent to the enactment of this section. This
amendment makes it applicable to all elected officials.

JUSTIFICATION:

Criminal behavior by elected officials cannot be tolerated. To help
restore public confidence in elected officials in state government,
steps must be initiated that will hold elected officials to the
highest degree of accountability. It is the responsibility of this
Legislature, in conjunction with the Executive, to enact laws that
strongly discourage illegal behavior by those persons elected to hold
the public trust.

When an elected official is sworn into office, he or she must sign a
solemn Oath, stating that they will uphold the laws and the
Constitutions that govern us. This Oath sets the highest standard for
integrity, the public's trust. A violation of that trust, while in
office, demands pecuniary as well as criminal costs.

An elected public officer who abuses the power and influence of his or
her position should face significant sanctions. In addition to any
criminal penalty imposed by a court of competent jurisdiction, any
elected official who is convicted of a felony shall forfeit the
pension credits earned during the commission of the crime to which he
or she is convicted.

FISCAL IMPLICATIONS:

There could be a resulting decrease in the fiscal obligations of the
New York State and Local Employee's Retirement System. The amount of


the decrease would be the present value of all such forfeited benefit
payments.

EFFECTIVE DATE:

This act shall take effect immediately.