Loading chat...

NY S00416

Bill

Official Source

Status

Introduced

1/5/2011

Primary Sponsor

Thomas Duane

Click for details

Origin

Senate

2009-2010 General Assembly

AI Summary

  • Establishes the "Pension Forfeiture for Public Corruption Act" allowing forfeiture of pension rights for public employees convicted of felonies related to their official duties
  • Applies to members of the New York State and Local Employees' Retirement System and Police and Fire Retirement System who joined on or after the act's effective date
  • District Attorneys may commence forfeiture actions in Supreme Court within 6 months of conviction; the Attorney General may do so within 1 year for out-of-state convictions
  • Employee contributions to the retirement system are not subject to forfeiture but must be returned to the convicted official
  • Court may consider mitigating factors including offense severity, willfulness, family dependence on benefits, and years of service without criminal conduct when determining whether to forfeit all or part of benefits
  • Conviction reversal or vacation automatically restores forfeited pension rights and benefits retroactively, provided the member reimburses any refunded contributions

Legislative Description

Prohibits the receipt of pension benefits by an elected official who has been convicted of a designated felony offense relating to such person's performance of official duties or responsibilities; and defines terms; provides for the return of retirement contributions made by the official.

Last Action

REFERRED TO CIVIL SERVICE AND PENSIONS

1/5/2011

Committee Referrals

Civil Service and Pensions1/5/2011

Full Bill Text

No bill text available