What's happening
This bill proposes that elected officials convicted of certain felonies forfeit pension and retirement benefits earned during their time in office.
Why it matters
Targets public corruption specifically. By focusing on felony offenses against public administration, the amendment aims to deter and penalize abuses of public trust by elected officials, sending a clear message that corruption carries severe personal consequences.
Limits forfeiture to time in office. The loss of pension and retirement benefits applies only to what was earned during the official's term, not their entire career. This distinction may affect long-serving officials with previous non-elected service, and underscores the connection between misconduct and public service.
Constitutional significance. Because this is a constitutional amendment, it represents a lasting and foundational change to how New York State handles official misconduct—raising the bar for accountability beyond regular statutory law and making future reversals more difficult.
Potential deterrent effect. The threat of losing significant financial security may act as a stronger deterrent against corrupt practices, potentially reducing instances of felony-level misconduct among those holding elected office.
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Who cares
Elected officials
The proposed constitutional amendment would require them to forfeit pension and retirement benefits earned in office if convicted of a felony against public administration committed during that time.
State and local pension systems
The amendment would create an exception to constitutional benefit protections for elected officials covered by the forfeiture provision.
State legislators
The resolution would refer the proposed amendment to the first regular legislative session after the next Assembly general election for further consideration.
Headline styles
End Felons' Pension Benefits
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
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.
Strip Felons’ Pensions
In Assembly Committee · Governmental Employees · Sponsor Sandy Galef
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3147
2017-2018 Regular Sessions
IN SENATE
January 20, 2017
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
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 Assembly 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 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.
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.
Sponsor's memo
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 or general idea of bill
The purpose of this legislation is to propose the removal of pension and retirement benefits from persons convicted of certain felonies.
Summary of specific provisions
Section 1. Resolved (if the Assembly concur), That section 7 of article 5 of the constitution be amended.
§ 7. After July first, 1940, 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.
Section 2. 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.
Justification
At the present time, New York State does not have a policy forfeiting the pension benefits of any elected official who is convicted of a felony offense associated to their elected position.
When elected officials are sworn into office, they take an oath to uphold the Constitution and the Laws of New York State. This oath sets the highest standards for integrity, and violating that public trust requires criminal penalties. It also demands penalties that bar elected officials from receiving benefits after their conviction and removal from office.
Previous legislation has sought to reduce or eliminate the benefits of elected officials convicted of a crime related to their employment. These legislative proposals are inadequate. It is necessary to amend the New York State Constitution, as barring a pension contends with a contractual relationship and as a result, those benefits cannot be reduced or impaired simply by changing the law. It is likely these proposals are unconstitutional so amending the current State Constitution is necessary.
Prior legislative history
A. 5884 and S. 1923 of 2015/2016 A. 6263 and S. 3048 of 2013/2014 A. 9775-A and S. 5006-A of 2011/2012
Fiscal implications
There are no fiscal implications associated with this legislation.
Effective date
Resolved (if the Assembly concur), that the foregoing amendment be referred to the first regular legislation 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.