assembly Bill A7704

2015-2016 Legislative Session

Provides for the reduction or revocation of the public pension of a public officer

download bill text pdf

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Archive: Last Bill Status - Passed Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2016 referred to rules
delivered to senate
passed assembly
Jan 06, 2016 ordered to third reading cal.308
returned to assembly
died in senate
Jun 16, 2015 referred to rules
delivered to senate
passed assembly
motion to amend lost
ordered to third reading rules cal.505
rules report cal.505
reported
Jun 08, 2015 reported referred to rules
reported referred to judiciary
reported referred to ways and means
reported referred to codes
May 26, 2015 to attorney-general for opinion
May 22, 2015 referred to governmental operations

Co-Sponsors

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Multi-Sponsors

A7704 (ACTIVE) - Details

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

A7704 (ACTIVE) - Summary

Relates to providing for the reduction or revocation of the public pension of a public officer; authorizes the court to determine whether to reduce or revoke such pension based on the defined terms.

A7704 (ACTIVE) - Bill Text download pdf

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

                                  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.