What's happening
This bill amends the constitution to require elected officials convicted of certain felonies to forfeit pension and retirement benefits earned while in office.
Why it matters
Targets corruption more directly. By tying pension forfeiture to felony convictions related to public administration while in office, the amendment creates a tangible consequence for elected officials who abuse their power, potentially deterring misconduct.
Narrows the focus to official wrongdoing. The amendment specifically applies to felonies "against public administration" and only those committed during the official’s time in office, rather than any felony at any time—ensuring the penalty is closely linked to abusing the public trust.
Impacts post-conviction financial security. Losing pension and retirement benefits can have significant long-term financial effects on convicted officials, increasing the stakes for ethical behavior beyond just criminal penalties.
Alters the constitutional protections for pensions. Traditionally, New York’s constitution protects public employees’ pension rights; this amendment creates a notable exception, signaling a shift in how public service misconduct is addressed at the constitutional level.
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Who cares
Elected officials
They would forfeit pension and retirement benefits earned in office if convicted of a felony offense against public administration committed during their time in office.
State and local pension systems
The proposed constitutional amendment would create an exception to the protection against diminishing or impairing benefits for affected elected officials.
State legislators
The resolution would refer the proposed amendment to the first regular legislative session after the next general election of Assembly members for further consideration.
Headline styles
Strip Felons’ Pensions
Plain English, a few words. Used as the page title.
Sponsors
17 Co-sponsors
History
- To attorney-general for opinion
- Referred to governmental employees
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to governmental employees
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
End Felons' Pension Benefits
In Senate Committee · Judiciary · Sponsor Carl L. Marcellino
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3316
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. GALEF, GUNTHER, BUCHWALD, ZEBROWSKI, PAULIN, BARRETT, JENNE, SKOUFIS, SANTABARBARA, SKARTADOS, STIRPE, BRINDISI, KEARNS, RAIA, FINCH, MONTESANO, WOERNER -- Multi-Sponsored by -- M. of A. BARCLAY, CROUCH, CURRAN, DiPIETRO, FITZPATRICK, GIGLIO, GRAF, HAWLEY, LALOR, LUPINACCI, MALLIOTAKIS, McDONOUGH, McKEVITT, McLAUGH- LIN, OAKS, SCHIMMINGER, STEC, THIELE -- read once and referred to the Committee on Governmental Employees
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
Section 1. Resolved (if the Senate concur), That section 7 of article 5 of the constitution be amended to read as follows:
§ 7. After July first, nineteen hundred forty, membership in any pension or retirement system of the state or of a civil division thereof shall be a contractual relationship, the benefits of which shall not be diminished or impaired. Any elected official who is convicted of a felony offense against public administration that occurred during their time in office shall forfeit rights to their benefits earned while in such office.
§ 2. 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89078-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.