BILL NUMBER:  S3147

 TITLE OF BILL :

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

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this legislation is to propose the removal of pension
and retirement benefits from persons convicted of certain felonies.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Resolved (if the Assembly concur), That section 7 of
article 5 of the constitution be amended.

§ 7. After July first, 1940, 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. Any elected official who is convicted of a
felony offense against public administration that occurred during
their time in office shall forfeit rights to their benefits earned
while in such office.
              

Section 2. Resolved (if the Assembly 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.

 JUSTIFICATION :

At the present time, New York State does not have a policy forfeiting
the pension benefits of any elected official who is convicted of a
felony offense associated to their elected position.

When elected officials are sworn into office, they take an oath to
uphold the Constitution and the Laws of New York State. This oath sets
the highest standards for integrity, and violating that public trust
requires criminal penalties. It also demands penalties that bar
elected officials from receiving benefits after their conviction and
removal from office.

Previous legislation has sought to reduce or eliminate the benefits of
elected officials convicted of a crime related to their employment.
These legislative proposals are inadequate. It is necessary to amend
the New York State Constitution, as barring a pension contends with a
contractual relationship and as a result, those benefits cannot be
reduced or impaired simply by changing the law. It is likely these
proposals are unconstitutional so amending the current State
Constitution is necessary.

 PRIOR LEGISLATIVE HISTORY :

A. 5884 and S. 1923 of 2015/2016
A. 6263 and S. 3048 of 2013/2014
A. 9775-A and S. 5006-A of 2011/2012

 FISCAL IMPLICATIONS :

There are no fiscal implications associated with this legislation.

 EFFECTIVE DATE :
Resolved (if the Assembly concur), that the foregoing amendment be
referred to the first regular legislation 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.