Establishes the crime of defrauding a public pension plan and provides for disclosure and reporting of contracts of the school district

7 Co-sponsors

• Ginny Fields
• Robert Sweeney
• Richard Brodsky
• Marc Alessi
• Ellen C. Jaffee
• Barbara Clark
• Jane Corwin

3 Multi-sponsors

• Donna Lupardo
• Audrey Pheffer
• Frank Skartados

BILL NUMBER:A9354

Title of bill

An act to amend the penal law, in relation to establish- ing the crime of defrauding a public pension plan and to amend the education law, in relation to requiring disclosure and reporting of certain contracts

Purpose or general idea of bill

Establishes the crime of defrauding a public pension plan and provides for disclosure and reporting of contracts of the school district.

Summary of specific provisions

Section 1. The penal law is amended by adding a new section 190.71 to read as follows: 190.71 Defrauding a public pension plan. A person is guilty of defrauding a public pension plan when he or she: 1. engages in a course of conduct with the intent of obtaining a benefit or asset from a public pension plan relating to employment for the state while doing business or providing a profes- sional service as an independent contractor or private entity when such person is receiving compensation for such service as an independent contractor or private entity and such service is not substantially different from the course of conduct relating to employment for the state: or 2. Engages in a scheme constituting a systematic ongoing course of conduct with intent of obtaining a benefit or asset, or assisting a third party to obtaining a benefit or asset, from a public pension plan to which he or she or the third party is not otherwise entitled. This provision also provides that defrauding a public pension is a class E felony.

The education law is amended by adding a new section 2116-e to read as follows: Reporting committees. 1. Every school district, except those employing fewer than eight teachers, shall establish by a resolution of the trustees or board of education, a local school district reporting committee to oversee all proposed contracts of the school district employees, bargaining units, administrators and superintendents and make a report to the trustees or board of education on such contracts. Such report shall include the details of the contract including but not limited to all compensation, salaries, benefits and assets of all school administrators, superintendents, employees and teachers under employment contracts.

Justification

Recently it has been alleged that individuals that were part-time contracted workers in local school districts were receiving full-time pensions and lifetime medical benefits for themselves and their spouses, thus defrauding tax payers, and school children out of monies earmarked for education.

Prior legislative history

A10211, 2008 referred to Codes. A4684 of 2009 (Eddington)

Fiscal implications

None

Effective date

This act shall take effect on the ninetieth day after it becomes law.