Relates to forfeiture of pension rights or retirement benefits upon conviction of a felony related to public employment.
TITLE OF BILL: An act to amend the retirement and social security law, in relation to forfeiture of pension rights or retirement benefits upon conviction of a felony related to public employment
SUMMARY OF PROVISIONS:
Section One of the bill amends the retirement and social security law to state that any state officer or local officer who accepts compensation from the state in the form of reimbursement for per diem expenses, in whole or in part, and is convicted in any federal or state court of competent jurisdiction of a felony related to public office, shall be subject to forfeiture of rights and privileges under a public retirement system or pension plan.
EXISTING LAW: New law
JUSTIFICATION: Among other provisions, the Public Integrity Reform Act of 2011 (Chapter 399 of the laws of 2011) requires the reduction or forfeiture of a public officer's pension under certain circumstances where he or she has been convicted of a felony related to his office; however, it only applies to officials who joined the pension system after 2011, exempting every legislator in office at the time of the act's enactment.
Legislation has been introduced to rectify this discrepancy through a state constitutional amendment. This bill solves this problem without the need for a cumbersome and lengthy constitutional amendment process by tying the acceptance of per diems for all legislators - not just those elected after 2011 - to an agreement to forfeit their pensions in the event of a felony conviction for corruption.
LEGISLATIVE HISTORY: New bill
FISCAL IMPLICATIONS: Savings to the State of New York
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4836 2013-2014 Regular Sessions IN SENATE April 25, 2013 ___________Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the retirement and social security law, in relation to forfeiture of pension rights or retirement benefits upon conviction of a felony related to public employment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The retirement and social security law is amended by adding a new section 157-a to read as follows: S 157-A. PENSION FORFEITURE; PER DIEM EXPENSE ACCEPTANCE. 1. ANY STATE OFFICER OR LOCAL OFFICER, AS SUCH TERMS ARE DEFINED IN SECTION TWO OF THE PUBLIC OFFICERS LAW, WHO ACCEPTS COMPENSATION FROM THE STATE IN THE FORM OF REIMBURSEMENT FOR PER DIEM EXPENSES, IN WHOLE OR IN PART, AND IS CONVICTED IN ANY FEDERAL OR STATE COURT OF COMPETENT JURISDICTION OF A FELONY RELATED TO PUBLIC OFFICE, SHALL BE SUBJECT TO FORFEITURE OF RIGHTS OF PRIVILEGES UNDER A PUBLIC RETIREMENT SYSTEM OR PENSION PLAN. 2. THE PROVISIONS OF SUBDIVISIONS TWO, THREE, FOUR, FIVE, SIX, SEVEN, EIGHT, NINE, TEN, ELEVEN, TWELVE, THIRTEEN AND FOURTEEN OF SECTION ONE HUNDRED FIFTY-SEVEN OF THIS ARTICLE SHALL APPLY TO ANY ACTION FOR AN ORDER TO REDUCE OR REVOKE THE PENSION TO WHICH SUCH PUBLIC OFFICIAL IS OTHERWISE ENTITLED FOR SERVICE AS A PUBLIC OFFICIAL. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10509-01-3