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

2 Co-sponsors

• Fredrick J. Akshar II
• Patrick M. Gallivan

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

This bill provides that any state officer or local officer convicted of a felony involving breach of public trust shall, upon exhaustion of final appeal, be subject to forfeiture of pension benefits.

Summary of provisions

This bill amends Article 5, Section 7 of the state constitution to provide that state or local officers convicted of a felony related to their public employment are subject to forfeiture of rights and privileges under the public retirement system.

Justification

As part of the Public Integrity Reform Act (Ch. 399 of the Laws of 2011), public officials who joined the state retirement system on or after November 13, 2011 are subject to forfeiture of their pension benefits if they commit certain felonies related to their public office. However, the vast majority of New York State public officials entered the State retirement system before November 2011. Therefore, for most state employees, if they meet the age and length of service requirements for pension collection contained in the New York Retirement and Social Security Law, they are entitled to benefits at the public's expense, regardless of their conviction record.

This constitutional amendment provides that public officials could have their pension benefits stripped when convicted of a felony involving a breach of public trust, regardless of when they entered the retirement system. A constitutional amendment is required because of the protections our State Constitution grants to public pensions. Article 5, Section 7 of the State Constitution says that public pensions involve a contractual relationship that cannot be reduced or impaired, unless of course the State Constitution itself is amended.

Legislative history

New Bill

Fiscal impact

Savings to the State to the extent it enables the state pension fund to not have to make payments to certain convicted felons.

Effective date

Resolved (if the Senate 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.