S T A T E O F N E W Y O R K
________________________________________________________________________
5523
2021-2022 Regular Sessions
I N A S S E M B L Y
February 19, 2021
___________
Introduced by M. of A. FITZPATRICK, SALKA, TAGUE -- Multi-Sponsored by
-- M. of A. MANKTELOW, MORINELLO -- 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.
LBD89096-01-1
A. 5523 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.