Provides that the retirement of a public official may be diminished if he or she commits a crime involving the breach of public trust

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 the forfeiture of pension rights of elected officials

Purpose

Amends section 7 of article 5 of the constitution to allow for the forfeiture of any rights and privileges under the public retirement system for a public official who is convicted of, or pleads to in any manner, a crime related to a breach of the public trust

Summary of provisions

Section 1 amends section 7 of article 5 of the constitution, adding an exemption from the contractual relationship between membership in a public retirement system and the rights and privileges of a public pension for a public official who is convicted of, or pleads in any manner, to a crime or offense related to a breach of the public trust.

Justification

Since 1999, 20 Albany politicians have resigned or have been removed from office after run-ins with the law or ethical failures - and that number may climb higher to 23 after the recent political scandals down in New York City.

In total, the State has paid out $4.3 million in pension costs to 14 of those 20 Albany officials who have left office in disgrace since 1999. This bill seeks to allow for the revocation of state pensions for any elected official - current or former - at the state or local level who violates the duties of their office and commits acts of public corruption.

Over the past few years, members of the State Legislature have proposed several bills attempting to revoke or diminish the pension rights of public officials convicted of acts of public corruption. However, in order to allow for the forfeiture of pensions for public officials, the contractual relationship between membership in a public retirement system and public benefits under the constitution must be addressed. This bill provides for an exemption to the constitutional, contractual relationship when and if a Public official is convicted, or pleads to in any manner, a crime related to the breach of the public trust, without the need for further proposals.

Fiscal implications

There could be a resulting decrease in the fiscal obligations of the New York State and Local Employee's Retirement System. The amount of the decrease would be the present value of all such forfeited benefit payments.

Prior legislative history

S.5327 Refereed to Judiciary

Effective date

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.