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S4836Senate2013-2014 Session

Relates to forfeiture of pension rights or retirement benefits upon conviction of a felony related to public employment

Sponsor Brad Hoylman-SigalSD-27+5 co-sponsorsAffects Finance
Status
In Senate Committee
Civil Service And Pensions
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Civil Service And Pensions

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History

  1. Referred to civil service and pensions
  2. Print number 4836a
  3. Amend (t) and recommit to civil service and pensions
  4. Referred to civil service and pensions

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S4836A

Title of bill

An act to amend the retirement and social security law and the legislative law, in relation to forfeiture of pension rights or retirement benefits upon conviction of a felony related to public employment

Summary of provisions

Section One of the bill amends the retirement and social security law to state that any state officer or local officer who accepts compensation from the state in the form of reimbursement for per diem expenses, in whole or in part, and is convicted in any federal or state court of competent jurisdiction of a felony related to public office, shall be subject to forfeiture of rights and privileges under a public retirement system or pension plan.

Further, Subdivision 2 of section 5 of the legislative law, as amended by section 1 of part M-1 of chapter 407 of the laws of 1999 is amended to state that that any state officer or local officer who accepts compensation from the state in the form of reimbursement for per diem expenses, in whole or in part, and is convicted in any federal or state court of competent jurisdiction of a felony related to public office, shall be subject to forfeiture of rights and privileges under a public retirement system or pension plan.

Existing law

New law

Justification

Among other provisions, the Public Integrity Reform Act of 2011 (Chapter 399 of the laws of 2011) requires the reduction or forfeiture of a public officer's pension under certain circumstances where he or she has been convicted of a felony related to his office; however, it only applies to officials who joined the pension system after 2011, exempting every legislator in office at the time of the act's enactment.

Legislation has been introduced to rectify this discrepancy through a state constitutional amendment. This bill solves this problem without the need for a cumbersome and lengthy constitutional amendment process by tying the acceptance of per diems for all legislators - not just those elected after 2011 - to an agreement to forfeit their pensions in the event of a felony conviction for corruption.

Legislative history

New bill

Fiscal implications

Savings to the State of New York

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.