Proposes the removal of pension and retirement benefits from public officials convicted of certain felonies

Summary of specific provisions

Section 1. Resolved (if the Assembly concur), That Section 7 of Article 5 of the constitution be amended to read as follows: § 7. 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 The right to receive benefits by any public official who is convicted of a felony offense related to public office as set forth in section 156 of the retirement and social security law that occurred during their time in office shall, after notice and the opportunity to be heard, shall be subject to forfeiture or reduction, regardless of the date that such public official's membership in such retirement system commenced.

Section 2. 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.

Justification

The New York State Constitution provides the oath of office that every public official is required to take an oath. In this oath, each public official swears to uphold the Constitution and the Laws of New York State and to faithfully discharge the duties of his or her office, The purpose of this oath is to assure the citizens of the State of New York that the individuals who work for their benefit are worthy of their trust. When a public official commits a crime related to his or her public office, he or she has harmed the entire State of New York and its' citizens. These public officials should not be allowed to receive a pension for their public service. Public Integrity Reform Act of 2011 amended the Retirement and Social Security Law to add a new Article 3-B to provide that a public official who is convicted of a crime related to public office will forfeit his or her rights to a pension from the New York State or the Local Employees Retirement System or New York City Employees' Retirement System. Unfortunately, Article 3-B only applies to public officials who join either retirement system on or after August 15, 2011. Any public official who joined either retirement system before August 15, 2011 would not be subject to pension forfeiture provisions of Article 3-B.

Because Section 5 of Article VII provides that "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," the only mechanism available to provide for pension forfeiture for public officials who are not subject to the forfeiture provisions of Retirement and Social Security Law Article 3-B is to amend the Constitution. This bill provides such an amendment. Because the ultimate victims of any crime related to public office are the people of the State of New York, the question of whether public officers who commit a crime against public office should lose their pension rights should be decided by the people of the State of New York.

New Yorkers need to feel as though they can trust the people empowered to safeguard their welfare. This trust has been tested by current events. All public officials need to remember that their primary obligation is to New Yorkers. When a public official forgets this obligation and puts his or her interest above those of the people, he or she should not be allowed to benefit from public service that he or she used for his or her own benefit.

Prior legislative history

New bill

Fiscal implications

There are no fiscal implications associated with the passage of this legislation.

Effective date

Resolved (if the Assembly concur), That the foregoing amendment be referred to the first regular legislation 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.