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NY A10739
Bill
Status
6/17/2016
Primary Sponsor
David Buchwald
Click for details
AI Summary
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Proposes a constitutional amendment to allow reduction or revocation of public pensions for officers convicted of felonies directly related to their job duties, subject to court review with notice and hearing.
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Requires courts to consider severity of the crime, proportionality of pension reduction or revocation, and potential undue hardship to dependent children, spouses, or other dependents when making forfeiture determinations.
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Defines "public officer" to include elected officials, gubernatorial appointees, county/city/town/village administrators, department heads, fiscal officers, judges, and certain state legislative/executive/judicial employees involved in policymaking.
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Applies only to crimes committed on or after January 1st of the year following voter approval and ratification of the amendment.
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Requires the legislature to enact implementing legislation that takes into account interests of justice.
Legislative Description
Relates to providing for the reduction or revocation of the public pension of a public officer; authorizes the court to determine whether to reduce or revoke such pension based on the defined terms, and to consider and determine specific findings as to the amount of such forfeiture, if any, and whether forfeiture in whole or in part would result in undue hardship or other inequity upon any dependent children, spouse or other dependents; makes related provisions.
Last Action
substituted by s8163
6/17/2016