Bill S4836A-2013

Relates to forfeiture of pension rights or retirement benefits upon conviction of a felony related to public employment

Relates to forfeiture of pension rights or retirement benefits upon conviction of a felony related to public employment.

Details

Actions

  • Jan 8, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS
  • May 13, 2013: PRINT NUMBER 4836A
  • May 13, 2013: AMEND (T) AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • Apr 25, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S4836A

TITLE OF BILL: An act to amend the retirement and social security law and the legislative 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.

Further, Subdivision 2 of section 5 of the legislative law, as amended by section 1 of part M-1 of chapter 407 of the laws of 1999 is amended to state that 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 4836--A 2013-2014 Regular Sessions IN SENATE April 25, 2013 ___________
Introduced by Sens. HOYLMAN, KENNEDY, O'BRIEN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the retirement and social security law and the legisla- tive 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. Subdivision 2 of section 5 of the legislative law, as amended by section 1 of part M-1 of chapter 407 of the laws of 1999, is amended to read as follows: 2. A. Each member of the legislature shall receive payment of actual and necessary transportation expenses and a per diem equivalent to the most recent federal per diem rates published by the General Services Administration and set forth in 41 CFR (Code of Federal Regulations) Part 301, App. A, while in travel status in the performance of his or
her duties; and such other reasonable expenses as may be necessary for the performance of the member's responsibilities as determined by the temporary president of the senate or speaker of the assembly for their respective houses. The per diem allowances, including partial per diem allowances, shall be made pursuant to regulations promulgated by the temporary president of the senate and the speaker of the assembly for their respective houses, on audit and warrant of the comptroller on vouchers approved by the temporary president of the senate or his or her designee and the speaker of the assembly or his or her designee for their respective houses. B. 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. 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 THE RETIREMENT AND SOCIAL SECURITY LAW 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 3. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus