senate Bill S8163

2015-2016 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 12, 2016 delivered to secretary of state
Jul 20, 2016 opinion referred to judiciary
Jun 22, 2016 to attorney-general for opinion
Jun 17, 2016 returned to senate
passed assembly
ordered to third reading rules cal.555
substituted for a10739a
referred to judiciary
delivered to assembly
passed senate
ordered to third reading cal.2015
referred to rules

Co-Sponsors

S8163 (ACTIVE) - Details

See Assembly Version of this Bill:
A10739
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 ยง7, Constn
Versions Introduced in 2017-2018 Legislative Session:
S418, A1749

S8163 (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, and to consider and determine specific findings as to the amount of such forfeiture, if any, and whether forfeiture in whole or in part would result in undue hardship or other inequity upon any dependent children, spouse or other dependents; makes related provisions.

S8163 (ACTIVE) - Sponsor Memo

S8163 (ACTIVE) - Bill Text download pdf

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

                                  8163

                            I N  S E N A T E

                              June 17, 2016
                               ___________

Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

            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 Assembly concur), That section 7 of  arti-
cle 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 FOR WHICH SUCH FELONY HAS A
DIRECT AND ACTUAL RELATIONSHIP TO THE PERFORMANCE OF  THE  PUBLIC  OFFI-
CER'S EXISTING DUTIES, MAY BE REDUCED OR REVOKED, FOLLOWING NOTICE AND A
HEARING BY AN APPROPRIATE COURT, AS PROVIDED BY LAW.  THE COURT DETERMI-
NATION  WHETHER  TO  REDUCE OR REVOKE SUCH PENSION SHALL BE BASED ON THE
CONSIDERATION OF FACTORS INCLUDING THE SEVERITY OF  THE  CRIME  AND  THE
PROPORTIONALITY  OF  A  REDUCTION  OR REVOCATION OF SUCH PENSION TO SUCH
CRIME. WHEN A COURT ISSUES AN ORDER TO REDUCE OR  REVOKE  SUCH  PENSION,
THE  COURT  SHALL  CONSIDER  AND  DETERMINE  SPECIFIC FINDINGS AS TO THE
AMOUNT OF SUCH FORFEITURE, IF ANY, AND WHETHER FORFEITURE, IN  WHOLE  OR
IN  PART,  WOULD  RESULT  IN  UNDUE  HARDSHIP OR OTHER INEQUITY UPON ANY
DEPENDENT CHILDREN, SPOUSE OR OTHER DEPENDENTS;  AND  OTHER  FACTORS  AS
PROVIDED  BY LAW.   THE LEGISLATURE 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  DIRECT  APPOINTMENT
BY  THE  GOVERNOR OF THIS STATE, EITHER UPON OR WITHOUT SENATE CONFIRMA-
TION; (III) A COUNTY, CITY, TOWN OR VILLAGE  ADMINISTRATOR,  MANAGER  OR
EQUIVALENT  POSITION;  (IV)  THE  HEAD  OR  HEADS  OF ANY STATE OR LOCAL
GOVERNMENT DEPARTMENT, DIVISION, BOARD, COMMISSION, BUREAU, PUBLIC BENE-
FIT CORPORATION, OR PUBLIC AUTHORITY OF THIS STATE WHO ARE  VESTED  WITH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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