S T A T E O F N E W Y O R K
________________________________________________________________________
6499
2017-2018 Regular Sessions
I N A S S E M B L Y
March 7, 2017
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the legislative law and the retirement and social secu-
rity law, in relation to prohibiting elected officials from receiving
compensation or pension credit for service as a delegate, officer or
employee of a constitutional convention
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The legislative law is amended by adding a new section
66-c to read as follows:
§ 66-C. CONSTITUTIONAL CONVENTIONS. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED IN THIS CHAPTER OR ANY OTHER GENERAL OR LOCAL LAW,
CHARTER OR CODE, ANY ELECTED OFFICIAL OF THE STATE OR OF ANY MUNICI-
PALITY OF THE STATE, WHO IS A MEMBER OF A LOCAL PENSION SYSTEM, AND WHO
AT THE TIME OF HIS OR HER TENURE AS AN ELECTED OFFICIAL, ALSO SERVES AS
A DELEGATE, OFFICER OR EMPLOYEE OF A CONVENTION TO REVISE AND AMEND THE
CONSTITUTION OF THE STATE SHALL NOT BE ENTITLED TO: (I) RECEIVE SALARY
OR HAVE WAGES PAID OR CREDITED TO HIM OR HER FOR SUCH CONVENTION SERVICE
WHILE HE OR SHE IS RECEIVING SALARY AS AN ELECTED OFFICIAL; OR (II) HAVE
TIME, SALARY OR WAGES OTHERWISE CREDITED TO OR CREDITABLE TO HIM OR HER
FOR SERVICE AT SUCH CONSTITUTIONAL CONVENTION INCLUDED IN THE CALCU-
LATION OF HIS OR HER CREDITED TIME FOR PURPOSES OF PENSION CALCULATION.
NOTHING IN THIS SECTION SHALL PROHIBIT SUCH PERSON FROM RECEIVING
REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED BY HIM OR HER IN THE COURSE
OF HIS OR HER SERVICE AS A DELEGATE, OFFICER OR EMPLOYEE OF SUCH CONSTI-
TUTIONAL CONVENTION.
§ 2. Section 44 of the retirement and social security law is amended
by adding a new subdivision g to read as follows:
G. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS CHAPTER
OR ANY OTHER GENERAL OR LOCAL LAW, CHARTER OR CODE, ANY ELECTED OFFICIAL
OF THE STATE OR OF ANY MUNICIPALITY OF THE STATE, WHO IS A MEMBER OF A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09677-01-7
A. 6499 2
LOCAL PENSION SYSTEM, AND WHO AT THE TIME OF HIS OR HER TENURE AS AN
ELECTED OFFICIAL, ALSO SERVES AS A DELEGATE, OFFICER OR EMPLOYEE OF A
CONVENTION TO REVISE AND AMEND THE CONSTITUTION OF THE STATE SHALL NOT
BE ENTITLED TO: (I) RECEIVE SALARY OR HAVE WAGES PAID OR CREDITED TO HIM
OR HER FOR SUCH CONVENTION SERVICE WHILE HE OR SHE IS RECEIVING SALARY
AS AN ELECTED OFFICIAL; OR (II) TO HAVE TIME, SALARY OR WAGES OTHERWISE
CREDITED TO OR CREDITABLE TO HIM OR HER FOR SERVICE AT SUCH CONSTITU-
TIONAL CONVENTION INCLUDED IN THE CALCULATION OF HIS OR HER CREDITED
TIME FOR PURPOSES OF PENSION CALCULATION. NOTHING IN THIS SUBDIVISION
SHALL PROHIBIT SUCH PERSON FROM RECEIVING REIMBURSEMENT FOR EXPENSES
ACTUALLY INCURRED BY HIM OR HER IN THE COURSE OF HIS OR HER SERVICE AS A
DELEGATE, OFFICER OR EMPLOYEE OF SUCH CONSTITUTIONAL CONVENTION.
§ 3. This act shall take effect immediately and shall apply to service
at any constitutional convention held on or after such date.