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Assembly Bill A4643A

2015-2016 Legislative Session

Proposes the removal of pension and retirement benefits from persons convicted of certain felonies

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2015-A4643 - Details

Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 §7, Constn
Versions Introduced in Other Legislative Sessions:
2009-2010: A11201
2011-2012: A702
2013-2014: A4935
2017-2018: A2885

2015-A4643 - Summary

Proposes the removal of pension and retirement benefits from persons convicted of certain felonies.

2015-A4643 - Bill Text download pdf 

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

                                  4643

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2015
                               ___________

Introduced by M. of A. STEC, WALTER, DUPREY, CROUCH, LALOR, FINCH, RAIA,
  MONTESANO,  BARRETT,  BORELLI,  BARCLAY,  LUPINACCI, McKEVITT, FITZPA-
  TRICK, KEARNS,  DiPIETRO,  McLAUGHLIN,  CURRAN,  HAWLEY,  MALLIOTAKIS,
  GOODELL,  CORWIN,  BLANKENBUSH,  NOJAY,  OAKS,  KOLB,  RA,  TEDISCO --
  Multi-Sponsored by -- M. of  A.  BUTLER,  KATZ,  McDONALD,  McDONOUGH,
  TENNEY,  THIELE  -- read once and referred to the Committee on Govern-
  mental Employees

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 7 of article 5 of the constitution, in
  relation to removal of pension and retirement  benefits  from  persons
  convicted of certain felonies

  Section 1.  Resolved (if the Senate concur), That section 7 of article
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 EXCEPT IN INSTANCES WHERE THE MEMBER IS CONVICTED
OF  ANY FELONY OFFENSES AS DEFINED BY STATE OR FEDERAL LAW AND WHEN THAT
OFFENSE WAS DIRECTLY RELATED TO ASSIGNED  DUTIES  WHILE  SERVING  AS  AN
ELECTED  OFFICIAL, OR OFFICER OF THE STATE OR OF A CIVIL DIVISION THERE-
OF. IN SUCH A CASE THE CONTRACTUAL RELATIONSHIP WILL BE DEEMED  TO  HAVE
BEEN  SEVERED BY THE BENEFICIARY DUE TO THEIR BREACH OF THE PUBLIC TRUST
AND VIOLATION OF THEIR OATH OF OFFICE.
  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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89060-01-5

co-Sponsors

multi-Sponsors

2015-A4643A (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 §7, Constn
Versions Introduced in Other Legislative Sessions:
2009-2010: A11201
2011-2012: A702
2013-2014: A4935
2017-2018: A2885

2015-A4643A (ACTIVE) - Summary

Proposes the removal of pension and retirement benefits from persons convicted of certain felonies.

2015-A4643A (ACTIVE) - Bill Text download pdf 

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

                                 4643--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2015
                               ___________

Introduced by M. of A. STEC, WALTER, DUPREY, CROUCH, LALOR, FINCH, RAIA,
  MONTESANO,  BARRETT,  BORELLI,  BARCLAY,  LUPINACCI, McKEVITT, FITZPA-
  TRICK, KEARNS,  DiPIETRO,  McLAUGHLIN,  CURRAN,  HAWLEY,  MALLIOTAKIS,
  GOODELL, CORWIN, BLANKENBUSH, NOJAY, OAKS, KOLB, RA, TEDISCO, LOPEZ --
  Multi-Sponsored  by  --  M.  of  A. BUTLER, KATZ, McDONALD, McDONOUGH,
  TENNEY, THIELE -- read once and referred to the Committee  on  Govern-
  mental  Employees  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 7 of article 5 of the constitution, in
  relation to removal of pension and retirement  benefits  from  persons
  convicted of certain felonies

  Section 1.  Resolved (if the Senate concur), That section 7 of article
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 EXCEPT IN INSTANCES WHERE THE MEMBER IS CONVICTED
OF  ANY FELONY OFFENSES AS DEFINED BY STATE OR FEDERAL LAW AND WHEN THAT
OFFENSE WAS DIRECTLY RELATED TO ASSIGNED  DUTIES  WHILE  SERVING  AS  AN
ELECTED  OFFICIAL, OR OFFICER OF THE STATE OR OF A CIVIL DIVISION THERE-
OF. IN SUCH A CASE THE CONTRACTUAL RELATIONSHIP WILL BE DEEMED  TO  HAVE
BEEN  SEVERED BY THE BENEFICIARY DUE TO THEIR BREACH OF THE PUBLIC TRUST
AND VIOLATION OF THEIR OATH OF OFFICE. THE PROVISIONS  OF  THIS  SECTION
SHALL NOT PRECLUDE ANY STATE OR LOCAL OFFICER FROM RECEIVING A REFUND OF
ANY  CONTRIBUTIONS MADE BY SUCH OFFICER TO A PUBLIC RETIREMENT SYSTEM OR
PENSION PLAN.
  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.

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

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