S T A T E O F N E W Y O R K
________________________________________________________________________
3188
2025-2026 Regular Sessions
I N A S S E M B L Y
January 23, 2025
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Judiciary
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 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 benefits of which shall not be
diminished or impaired.
(b) (I) Notwithstanding subdivision (a) of this section, the public
pension of a public officer, as defined in paragraph [(c) of this
section] (II) OF THIS SUBDIVISION, who stands convicted of a felony for
which such felony has a direct and actual relationship to the perform-
ance of the public officer's existing duties, may be reduced or revoked,
following notice and a hearing by an appropriate court, as provided by
law. The court determination 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)] (II) For the purposes of [paragraph (b) of this section] THIS
SUBDIVISION, the term "public officer" shall mean: [(i)] (A) an official
filling an elected office within the state; [(ii)] (B) a holder of
office filled by direct appointment by the governor of this state,
either upon or without senate confirmation; [(iii)] (C) a county, city,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89071-01-5
A. 3188 2
town or village administrator, manager or equivalent position; [(iv)]
(D) the head or heads of any state or local government department, divi-
sion, board, commission, bureau, public benefit 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)] (E) the chief
fiscal officer or treasurer of any municipal corporation or political
subdivision of the state; [(vi)] (F) a judge or justice of the unified
court system; and [(vii)] (G) 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] (III) THIS SUBDIVISION shall only
apply to crimes committed on or after the first of January next succeed-
ing the date upon which the people shall approve and ratify the amend-
ment to the constitution that added this paragraph.
(C) (I) NOTWITHSTANDING SUBDIVISION (A) OF THIS SECTION, THE MEMBER-
SHIP IN ANY PUBLIC PENSION OF A PUBLIC OFFICER WHO STANDS CONVICTED ON
AN IMPEACHMENT SHALL BE REVOKED.
(II) THIS SUBDIVISION SHALL APPLY TO ANY PUBLIC OFFICER WHO STANDS
CONVICTED ON AN IMPEACHMENT INCLUDING ANY PUBLIC OFFICER CONVICTED ON AN
IMPEACHMENT BEFORE THE EFFECTIVE DATE OF THIS SUBDIVISION.
§ 2. Resolved (if the Senate concur), That section 24 of article 6 of
the constitution be amended to read as follows:
§ 24. The assembly shall have the power of impeachment by a vote of a
majority of all the members elected thereto. The court for the trial of
impeachments shall be composed of the president of the senate, the
senators, or the major part of them, and the judges of the court of
appeals, or the major part of them. On the trial of an impeachment
against the governor or lieutenant-governor, neither the lieutenant-gov-
ernor nor the temporary president of the senate shall act as a member of
the court. No judicial officer shall exercise [his or her] THEIR office
after articles of impeachment against [him or her] THEM shall have been
preferred to the senate, until [he or she] THEY shall have been acquit-
ted. Before the trial of an impeachment, the members of the court shall
take an oath or affirmation truly and impartially to try the impeachment
according to the evidence, and no person shall be convicted without the
concurrence of two-thirds of the members present. Judgment in cases of
impeachment shall not extend further than to removal from office, or
removal from office and disqualification to hold and enjoy any public
office of honor, trust, or profit under this state, AND REVOCATION OF
ANY MEMBERSHIP IN A PUBLIC PENSION; but the party impeached shall be
liable to indictment and punishment according to law.
§ 3. 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 three months previous to the time of such election.