S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5368
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2019
                                ___________
 
 Introduced  by  M. of A. FITZPATRICK, TAGUE, SALKA -- Multi-Sponsored by
   -- M. of A.  MANKTELOW -- read once and referred to the  Committee  on
   Governmental Operations
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to section 7 of article 5 of the constitution, in
   relation to the calculation of pension benefits for public employees
 
   Section  1. Resolved (if the Senate concur), That section 7 of article
 5 of the constitution be amended to read as follows:
   § 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 ACCRUED benefits of which, AS
 DEFINED BY LAW, 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
 by the governor of this state, either upon or without  senate  confirma-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89055-01-9

 A. 5368                             2
 
 tion;  (iii)  a  county, city, town or village administrator, manager or
 equivalent position; (iv) the head  or  heads  of  any  state  or  local
 government department, division, board, commission, bureau, public bene-
 fit  corporation,  or public authority of this state who are vested with
 authority, direction and control over such department, division,  board,
 commission,  bureau, public benefit corporation or public authority; (v)
 the chief fiscal officer or treasurer of any  municipal  corporation  or
 political  subdivision  of  the  state;  (vi)  a judge or justice of the
 unified court system; and (vii) a legislative,  executive,  or  judicial
 employee of this state who directly assists in the formulation of legis-
 lation,  rules, regulations, policy, or judicial decision-making and who
 is designated as a policymaker as set forth in statute.
   (d) Paragraph (b) of this section shall only apply to crimes committed
 on or after the first of January next succeeding the date upon which the
 people shall approve and ratify the amendment to the  constitution  that
 added this paragraph.
   §  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.