Provides for the reduction or revocation of the public pension of a public officer

A court issuing an order to reduce or revoke such pension shall consider and determine specific findings as to the amount of such forfeiture, if any, and whether forfeiture, in whole or in part, would result in undue hardship or other inequity upon any dependent children, spouse or other dependents; and other factors as provided by law.

These provisions will only apply to crimes committed on or after the first of January next succeeding the date upon which the voters of New York State approve a constitutional amendment proposed by this resolution.

Reasons for support

A public officer in the State of New York can currently accept bribes, steal public funds or engage in numerous other forms of public corruption and yet still feel secure in the knowledge that even if convicted of these serious crimes and thrown in jail, there will still be a state pension check sent their way every month for the rest of their lives. No matter how serious the offense or how grossly a state officer or local officer has abused his or her public position, current law still assures most public officers that their state pensions cannot be challenged. 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.

The bill recognizes that the rights of the public and taxpayers (and indeed law-abiding public servant beneficiaries of the state pension system) can outweigh the expectations a corrupt public official has in his or her state pension. Without this sort of change, New Yorkers are left with a situation under state law in which pensions are paid no matter how corruptly a public officer has undermined the public trust. In addition, this legislation if enacted would give many public officers prone to putting their personal interests above the needs of the public a significant reason to refrain from doing so. This constitutional amendment would, in effect, remind public officers that when they are sworn into office, they must sign a solemn oath stating that they will uphold the laws and the Constitution that govern New York State. This oath sets the highest standard for integrity of the public's trust. A violation of that trust, while in office, demands pecuniary as well as criminal penalty. FISCAL IMPACT :

None, other than possible savings to the state pension fund.

Effective date

If the Assembly concurs, the foregoing amendment will 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.