Relates to the removal of certain pension and retirement benefits from persons convicted of certain felonies

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 removal of pension and retirement benefits from persons convicted of certain felonies

Purpose

To remove certain pension and retirement benefits from persons convicted of certain felonies.

Summary of provisions

Section 1 of this bill amends section 7 of article 5 of the Constitution, by adding language specifying that any elected official who is convicted of a felony offense against public administration that occurred during his or her time in office shall forfeit rights to his or her benefits subsequent to the criminal conduct for which such elected official was convicted.

Section 2 of this bill states that the amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assemble, and, in conformity, with section 1 of article 19 of the constitution, be published for 3 month previous to the time of such election.

Justification

Currently, a former elected official sitting in prison for a felony act committed while he or she was in office can still apply for and receive his or her pension checks. In recent cases, the pension payouts to former State Assembly and Senate members convicted of a felony could cost New York State taxpayers millions of dollars. This is a waste of taxpayer money and does little to disincentivize those looking to use their political office for personal gain.

This bill would propose a constitutional amendment specifying that any elected official convicted of a felony offense against public administration that occurred during his or her time in office shall forfeit rights to his or her benefits subsequent to the time at which the criminal conduct for which the elected official was convicted occurred.

More than half the states across the country have passed pension-forfeiture related bills for public officials and Gov. Andrew Cuomo recently expressed his support for a pension-forfeiture constitutional amendment in his 2016 State of the State Address. Further, a Quinnipiac University poll conducted in March 2015 found that 76 percent of state voters polled said that elected officials should lose their retirement benefits if convicted of a felony.

Legislative history

New Bill. Similar Legislation in 2015: 5.4611 (Budget) - passed Senate / A.6722 (Buchwald) - referred to Assembly Judiciary Committee.

Fiscal implications

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

Effective date

Resolved (if the Assembly concur), that the amendment shall be referred to the first regular legislative session convening after the next succeeding general election of members of the assemble, and, in conformity, with section 1 of article 19 of the constitution, be published for 3 month previous to the time of such election.