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Assembly Bill A6722

2015-2016 Legislative Session

Provides that members of a public pension or retirement system convicted of a felony involving breach of public trust be subject to forfeiture of pension benefits, rights and privileges

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Archive: Last Bill Status - On Floor Calendar

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2015-A6722 (ACTIVE) - Details

Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 §7, Constn

2015-A6722 (ACTIVE) - Summary

Provides that members of a public pension or retirement system convicted of a felony involving breach of public trust be subject to forfeiture of pension benefits, rights and privileges.

2015-A6722 (ACTIVE) - Bill Text download pdf 

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

                                  6722

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 30, 2015
                               ___________

Introduced  by  M.  of A. BUCHWALD, MORELLE -- read once and referred to
  the Committee on Judiciary

            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 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. A PUBLIC OFFICIAL WHO IS A MEMBER OF  A  PENSION
OR  RETIREMENT  SYSTEM  WHO  IS  CONVICTED OF A FELONY 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 MAY BE PROVIDED BY LAW. THE LEGISLATURE SHALL  ENACT  LEGISLATION  TO
IMPLEMENT THIS AMENDMENT TAKING INTO ACCOUNT INTERESTS OF JUSTICE.
  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.
                                                           LBD89094-01-5

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