S T A T E O F N E W Y O R K
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6410
I N S E N A T E
January 14, 2016
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A BUDGET BILL, submitted by the Governor pursuant to article seven of
the Constitution -- read twice and ordered printed, and when printed
to be committed to the Committee on Finance
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 7 of article 5 of the constitution, in
relation to forfeiture of pension rights or retirement benefits upon
conviction of a felony related to public employment
Section 1. Resolved (if the Assembly concur), That section 7 of arti-
cle 5 of the constitution be amended to read as follows:
S 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. A PUBLIC OFFICIAL WHO IS A MEMBER OF A PENSION
OR RETIREMENT SYSTEM WHO IS CONVICTED OF A CRIME RELATED TO PUBLIC
OFFICE SHALL BE DEEMED TO HAVE WILFULLY BREACHED SUCH CONTRACTUAL
RELATIONSHIP REGARDLESS OF WHEN SUCH RELATIONSHIP WAS ESTABLISHED. AS A
RESULT OF SUCH BREACH, ALL BENEFITS, RIGHTS AND PRIVILEGES HE OR SHE MAY
HAVE UNDER SUCH PENSION OR RETIREMENT SYSTEM REGARDLESS OF WHEN SUCH
RIGHTS OR PRIVILEGES ACCRUED OR VESTED, SHALL BE SUBJECT TO FORFEITURE
AS PROVIDED BY LAW.
S 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89117-01-6