Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 20, 2018 |
committed to rules |
May 02, 2018 |
advanced to third reading |
May 01, 2018 |
2nd report cal. |
Apr 30, 2018 |
1st report cal.899 |
Mar 21, 2018 |
referred to civil service and pensions |
Senate Bill S8036
2017-2018 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(R, C, IP, RFM) Senate District
(R, C, IP) Senate District
(R) Senate District
(R, C) 60th Senate District
2017-S8036 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Retirement and Social Security Law
- Laws Affected:
- Add §157-a, R & SS L
2017-S8036 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8036 SPONSOR: CROCI TITLE OF BILL: An act to amend the retirement and social security law, in relation to pension forfeiture for public officers under section 7 of article 5 of the state constitution PURPOSE: This bill implements Proposition 2 of 2017, which was overwhelming approved by New York voters last November. SUMMARY OF PROVISIONS: Section 1 adds a new section 157-a, to the Retirement and Social Securi- ty Law, to provide a mechanism for the reduction or revocation of the pension of a public officer convicted of a felony having a direct and actual relationship to the performance of the public officer's existing duties, taking in to account interests of justice.
2017-S8036 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8036 I N S E N A T E March 21, 2018 ___________ Introduced by Sen. CROCI -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the retirement and social security law, in relation to pension forfeiture for public officers under section 7 of article 5 of the state constitution THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The retirement and social security law is amended by adding a new section 157-a to read as follows: § 157-A. PENSION FORFEITURE OF PUBLIC OFFICERS. 1. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, IT SHALL BE A TERM AND CONDITION OF MEMBER- SHIP FOR EVERY PUBLIC OFFICER, AS DEFINED IN SECTION SEVEN OF ARTICLE FIVE OF THE STATE CONSTITUTION, WHO IS A MEMBER OF ANY RETIREMENT SYSTEM, THAT SUCH PUBLIC OFFICER'S RIGHTS TO A PENSION IN A RETIREMENT SYSTEM THAT ACCRUE IN SUCH RETIREMENT SYSTEM AFTER HIS OR HER DATE OF INITIAL MEMBERSHIP IN THE RETIREMENT SYSTEM SHALL BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE. 2. IN THE CASE OF A PUBLIC OFFICER WHO STANDS CONVICTED, BY PLEA OF NOLO CONTENDERE OR PLEA OF GUILTY TO, OR BY CONVICTION AFTER TRIAL, OF ANY FELONY WHICH HAS A DIRECT AND ACTUAL RELATIONSHIP TO THE PERFORMANCE OF THE PUBLIC OFFICER'S EXISTING DUTIES, AN ACTION SHALL BE COMMENCED IN SUPREME COURT OF THE COUNTY IN WHICH SUCH PUBLIC OFFICER WAS CONVICTED OF SUCH FELONY CRIME, BY THE DISTRICT ATTORNEY HAVING JURISDICTION OVER SUCH CRIME, OR BY THE ATTORNEY GENERAL IF THE ATTORNEY GENERAL BROUGHT THE CRIMINAL CHARGE WHICH RESULTED IN SUCH CONVICTION. IF THE CONVICTION WAS SECURED IN FEDERAL COURT THEN THE ACTION SHALL BE COMMENCED BY THE ATTORNEY GENERAL IN ALBANY COUNTY SUPREME COURT. THE ACTION SHALL BE FOR AN ORDER TO REDUCE OR REVOKE THE PENSION TO WHICH SUCH PUBLIC OFFICIAL IS OTHERWISE ENTITLED FOR SERVICE AS A PUBLIC OFFICER. SUCH COMPLAINT SHALL SPECIFY WITH PARTICULARITY WHICH FELONY THE DEFENDANT HAS COMMIT- TED, AND ALL OTHER FACTS THAT ARE ALLEGED TO QUALIFY SUCH CRIME AS A FELONY CRIME WHICH HAS A DIRECT AND ACTUAL RELATIONSHIP TO THE PERFORM- ANCE OF THE PUBLIC OFFICER'S EXISTING DUTIES SUBJECT TO PENSION REDUCTION OR REVOCATION PURSUANT TO SECTION SEVEN OF ARTICLE FIVE OF THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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