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Assembly Bill A2885

2017-2018 Legislative Session

Proposes the removal of pension and retirement benefits from persons convicted of certain felonies

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Archive: Last Bill Status - In Assembly Committee

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2017-A2885 (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 §7, Constn
Versions Introduced in Other Legislative Sessions:
2009-2010: A11201
2011-2012: A702
2013-2014: A4935
2015-2016: A4643

2017-A2885 (ACTIVE) - Summary

Proposes the removal of pension and retirement benefits from persons convicted of certain felonies.

2017-A2885 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2885
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced by M. of A. STEC, WALTER, CROUCH, LALOR, FINCH, RAIA, MONTES-
   ANO,  BARRETT,  BARCLAY,  KEARNS,  LUPINACCI,  McKEVITT,  FITZPATRICK,
   DiPIETRO, McLAUGHLIN, CURRAN, HAWLEY, MALLIOTAKIS,  GOODELL,  BLANKEN-
   BUSH,  OAKS, KOLB, RA, LOPEZ -- Multi-Sponsored by -- M. of A. BUTLER,
   McDONALD, McDONOUGH, THIELE -- read once and referred to the Committee
   on Governmental Employees
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to section 7 of article 5 of the constitution, in
   relation to removal of pension and retirement  benefits  from  persons
   convicted of certain felonies
 
   Section 1.  Resolved (if the Senate concur), That section 7 of article
 5 of the constitution be amended to read as follows:
   §  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 EXCEPT IN INSTANCES WHERE THE MEMBER IS CONVICTED
 OF  ANY FELONY OFFENSES AS DEFINED BY STATE OR FEDERAL LAW AND WHEN THAT
 OFFENSE WAS DIRECTLY RELATED TO ASSIGNED  DUTIES  WHILE  SERVING  AS  AN
 ELECTED  OFFICIAL, OR OFFICER OF THE STATE OR OF A CIVIL DIVISION THERE-
 OF. IN SUCH A CASE THE CONTRACTUAL RELATIONSHIP WILL BE DEEMED  TO  HAVE
 BEEN  SEVERED BY THE BENEFICIARY DUE TO THEIR BREACH OF THE PUBLIC TRUST
 AND VIOLATION OF THEIR OATH OF OFFICE. THE PROVISIONS  OF  THIS  SECTION
 SHALL NOT PRECLUDE ANY STATE OR LOCAL OFFICER FROM RECEIVING A REFUND OF
 ANY  CONTRIBUTIONS MADE BY SUCH OFFICER TO A PUBLIC RETIREMENT SYSTEM OR
 PENSION PLAN.
   § 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.
                                                            LBD89057-01-7

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