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

                                                           LBD89101-01-5

A. 7704                             2

COMPLIANCE WITH OR SATISFACTION OF  ANY  JUDGMENTS  OR  ORDERS  FOR  THE
PAYMENT  OF  RESTITUTION  TO  THE  STATE  OR  A  MUNICIPALITY FOR LOSSES
INCURRED AS A RESULT OF SUCH FELONY RELATED TO PUBLIC OFFICE. THE LEGIS-
LATURE  SHALL  ENACT LEGISLATION TO IMPLEMENT THIS AMENDMENT TAKING INTO
ACCOUNT INTERESTS OF JUSTICE.
  (C) FOR THE PURPOSES OF  PARAGRAPH  (B)  OF  THIS  SECTION,  THE  TERM
"PUBLIC  OFFICER"  SHALL MEAN: (I) AN OFFICIAL FILLING AN ELECTED OFFICE
WITHIN THE STATE; (II) A HOLDER OF OFFICE FILLED BY APPOINTMENT  BY  THE
GOVERNOR  OF  THIS  STATE,  EITHER  UPON OR WITHOUT SENATE CONFIRMATION;
(III) A COUNTY, CITY, TOWN OR VILLAGE ADMINISTRATOR, MANAGER  OR  EQUIV-
ALENT  POSITION; (IV) THE HEAD OR HEADS OF ANY STATE OR LOCAL GOVERNMENT
DEPARTMENT, DIVISION, BOARD, COMMISSION, BUREAU, PUBLIC  BENEFIT  CORPO-
RATION, OR PUBLIC AUTHORITY OF THIS STATE WHO ARE VESTED WITH AUTHORITY,
DIRECTION AND CONTROL OVER SUCH DEPARTMENT, DIVISION, BOARD, COMMISSION,
BUREAU,  PUBLIC  BENEFIT  CORPORATION OR PUBLIC AUTHORITY; (V) THE CHIEF
FISCAL OFFICER OR TREASURER OF ANY MUNICIPAL  CORPORATION  OR  POLITICAL
SUBDIVISION  OF  THE STATE; (VI) A JUDGE OR JUSTICE OF THE UNIFIED COURT
SYSTEM; AND (VII) A LEGISLATIVE, EXECUTIVE, OR JUDICIAL EMPLOYEE OF THIS
STATE WHO DIRECTLY ASSISTS IN  THE  FORMULATION  OF  LEGISLATION,  RULE,
REGULATION, POLICY, OR JUDICIAL DECISION-MAKING AND WHO IS DESIGNATED AS
A POLICYMAKER AS DEFINED BY LAW OR AS AUTHORIZED BY LAW.
  (D) PARAGRAPH (B) OF THIS SECTION SHALL ONLY APPLY TO CRIMES COMMITTED
ON OR AFTER THE FIRST OF JANUARY NEXT SUCCEEDING THE DATE UPON WHICH THE
PEOPLE  SHALL APPROVE AND RATIFY THE AMENDMENTS TO THE CONSTITUTION THAT
ADDED THIS PARAGRAPH, PROVIDED, HOWEVER, THAT  NOTHING  IN  SUBDIVISIONS
(B),  (C)  OR THIS SUBDIVISION OF THIS SECTION SHALL BE READ TO ABROGATE
THE APPLICATION OF ANY EXISTING  STATUTORY  PROVISIONS  RELATED  TO  THE
REDUCTION OR REVOCATION OF A PUBLIC PENSION OR RETIREMENT SYSTEM BENEFIT
TO  ANY  PARTICIPANTS  WHO  BECAME MEMBERS OF SUCH PENSION OR RETIREMENT
SYSTEM AFTER THE EFFECTIVE DATE OF SUCH STATUTORY PROVISIONS.
  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.