senate Bill S418

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status Via A1749 - In Assembly 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
Feb 09, 2017 opinion referred to judiciary
Feb 03, 2017 delivered to secretary of state
Jan 30, 2017 returned to assembly
passed senate
3rd reading cal.54
substituted for s418
Feb 10, 2017 opinion referred to judiciary
Jan 30, 2017 substituted by a1749
Jan 23, 2017 ordered to third reading cal.54
committee discharged and committed to rules
Jan 13, 2017 to attorney-general for opinion
Jan 04, 2017 referred to judiciary

Co-Sponsors

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S418 - Details

See Assembly Version of this Bill:
A1749
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 ยง7, Constn
Versions Introduced in 2015-2016 Legislative Session:
S8163, A10739A

S418 - 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.

S418 - Sponsor Memo

S418 - Bill Text download pdf

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

                                   418

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  Sens.  CROCI,  HANNON,  SERINO -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary

            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

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

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