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

4 Co-sponsors

• Joseph P. Addabbo Jr.
• Tony Avella
• Todd Kaminsky
• Timothy M. Kennedy

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 1 amends the retirement and social security law is amended by adding a new section 157-a.

Section 2 amends subdivision 2 of section 5 of the legislative law, as amended by section 7 of part CC of chapter 56 of the laws of 2015.

Section 3 establishes the effective date.

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

S.4836-A of 2013-2014 (Hoylman): Died in Civil Service & Pensions

Fiscal implications

Would potentially result in savings for the State of New York.

Effective date

This act shall take effect immediately.