The New York State Senate

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

                                  1749

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2017
                               ___________

Introduced  by  M.  of  A.  BUCHWALD, MORELLE, CASTORINA, GALEF, LAVINE,
  MAYER, BARRETT, CUSICK,  GJONAJ,  LUPARDO,  McDONALD,  PAULIN,  ROZIC,
  BRINDISI,  DenDEKKER,  JAFFEE,  LUPINACCI,  MONTESANO, PEOPLES-STOKES,
  BRONSON, DINOWITZ, JOHNS, MAGEE, ORTIZ, PICHARDO, SANTABARBARA,  FAHY,
  KEARNS,  MALLIOTAKIS,  OTIS, QUART, SCHIMMINGER, SEAWRIGHT, SEPULVEDA,
  SKOUFIS, STEC, STECK, WOERNER, STIRPE, ZEBROWSKI, THIELE -- 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 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:
  § 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.

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

                      [ ] is old law to be omitted.
                                                           LBD89025-01-7

A. 1749                             2

  (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
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 LEGIS-
LATION,  RULES, REGULATIONS, POLICY, OR JUDICIAL DECISION-MAKING AND WHO
IS DESIGNATED AS A POLICYMAKER AS SET FORTH IN STATUTE.
  (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 AMENDMENT TO THE  CONSTITUTION  THAT
ADDED THIS PARAGRAPH.
  §  2. Resolved (if the Senate concur), That the foregoing amendment be
submitted to the people for approval at the general election to be  held
in the year 2017 in accordance with the provisions of the election law.