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NY S08036
Bill
Status
3/21/2018
Primary Sponsor
Thomas Croci
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AI Summary
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Establishes a mechanism for district attorneys and the attorney general to commence civil actions to reduce or revoke pensions of public officers convicted of felonies directly related to their official duties.
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Requires forfeiture actions to be filed within six months of conviction and mandates service of notice on the retirement system administrator, who has 20 days to provide information about the officer's pension eligibility.
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Sets the burden of proof at clear and convincing evidence and requires courts to consider nine specific factors including crime severity, monetary losses, degree of public trust, impact on dependents, and years of service without criminal activity.
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Allows courts to dismiss actions if compelling circumstances warrant it, order partial pension payments to innocent spouses and dependents, and restore pensions retroactively if convictions are reversed or reduced to non-felony offenses.
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Defines qualifying felonies as crimes involving theft of public funds, offenses committed in direct connection with public service, or felonies where the officer used their position to defraud and obtain personal profit; effective retroactively to January 1, 2018.
Legislative Description
Relates to pension forfeiture for public officers under section 7 of article 5 of the state constitution.
Last Action
COMMITTED TO RULES
6/20/2018