Provides that any state officer or local officer convicted of a felony involving breach of public trust be subject to forfeiture of pension benefits

14 Co-sponsors

• Joseph P. Addabbo Jr.
• Tony Avella
• Adriano Espaillat
• Michael Gianaris
• Terry Gipson
• Brad Hoylman-Sigal
• Liz Krueger
• George Latimer
• Velmanette Montgomery
• Ted O'Brien
• José M. Serrano
• Daniel L. Squadron
• Toby Ann Stavisky
• Cecilia Tkaczyk

BILL NUMBER:S1133

Title of bill

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 7 of article 5 of the constitution, in relation to forfeiture of pension rights or retirement benefits upon conviction of a felony related to public employment

Purpose

Provides that any state officer or local officer convicted of a felony involving breach of public trust be subject to forfeiture of pension benefits.

Summary of provisions

Adds a new subdivision (a) to article 5 section 7 of the constitution to allow a state officer or local officer who is convicted of a felony related to public employment to be subject to forfeiture of rights and privileges under the public retirement system or pension plan in such manner as provided by law.

Justification

Currently, New York State has no policy regarding the forfeiture of pension benefits by a state officer or local officer who has been convicted of a crime. No matter how serious the offense or how grossly a state officer or local officer has abused his or her public position, current law regulating pension plans for state employees makes no provision for forfeiture. As it stands, an employee who meets the age and length of service requirement for pension collection contained in the New York's Retirement and Social Security Law is entitled to benefits at the public's expense, regardless of their conviction record.

When an elected official is sworn into office, he or she must sign a solemn Oath stating that they will uphold the laws and the Constitution that govern New York State. This Oath sets the highest standard for integrity - the public's trust. A violation of that trust, while in office, demands pecuniary as well as criminal penalty.

Numerous bills have been introduced in past legislative sessions that seek to revoke or reduce pension or other retirement benefits of elected officials who are convicted of a crime related to their employment. Because none of the legislation contends with the contractual relation- ship of a public pension under the Constitution, constitutionality is in question. Article 5 Section 7 of the constitution sets out a two-part articulation of the public pension right. First, membership in a retirement system is a contractual relationship. Second, because of that relationship, pension benefits cannot be reduced or impaired. Therefore, it is likely that the proposals are unconstitutional.

This constitutional amendment provides for legislative action to permit loss of the publicly funded portion of retirement benefits or pension rights as one of the consequences of misusing positions of public trust.

Legislative history

2011/2012 - S.2768 Remained in Senate Committee on Judiciary

Fiscal impact

None.

Effective date

Resolved (if the Assembly 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.