Relates to creating a civil course of action to recover the value of any benefit received from any retirement system by an elected official convicted of certain felonies

1 Co-sponsor

• José Peralta

BILL NUMBER:S3152

Title of bill

An act to amend the civil practice law and rules, in relation to creating a civil course of action to recover the value of any benefit received from any public retirement system or retirement plan by an elected official who has been convicted of certain felonies

Purpose

To create a civil course of action to recover the value of any benefit received from any retirement system by an elected official who have been convicted of certain felonies.

Summary of provisions

Section 1 adds a new subdivision 2-a to section 1310 of the civil practice law and rules to define proceeds of a violation of the public trust to mean an amount equivalent to the monetary value of any benefit received by any public retirement system of retirement plan by an elected official who has committed a felony crime as defined below.

Section 2 amends section 1310 of the civil practice law and rules by adding a new subdivision 51 to define post-conviction forfeiture crime involving an elected official as:

* any felony committing, aiding or abetting a larceny of public funds from the state or a municipality;

* any felony committed in direct connection with service as an elected official; or

* any felony committed by such person who, with the intent to defraud, realizes or obtains, or attempts to realize or obtain, a profit, gain or advantage for himself or herself or for some other person, through the use or attempted use of the power, rights, privileges or duties of his or her position as an elected official.

Section 3 amends the opening paragraph of subdivision 1 of section 1311 of the civil practice law and rules, as amended by chapter 655 of the laws of 1990 to include a civil action may be commenced by the appropriate claiming authority against an elected official to recover a money judgment which constitutes the proceeds of a violation of the public trust.

Section 4 amends subdivision 1 of section 1311 of the civil practice law and rules by adding a new paragraph a-1 to describe actions relating to post-conviction forfeiture crimes involving elected officials.

Section 5 is the effective date.

Justification

This legislation is critical in beginning the path to restoring the public's trust, by ensuring that elected officials who are convicted

of a felony are unable to continue to collect a pension or retirement benefits from that state. This legislation creates a civil course of action to recover the value of any benefit from any retirement system by an elected official convicted of certain felonies.

Legislative history

New Bill.

Fiscal implications

Savings to the state.

Effective date

Immediately.