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NY A10854
Bill
Status
7/24/2020
Primary Sponsor
Nathalia Fernandez
Click for details
AI Summary
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Proposes amendment to Article 5, Section 7 of the New York Constitution to allow reduction of a police officer's public pension to satisfy wrongful death judgments arising from performance of duties.
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Permits pension reduction to a minimum floor of $20,000 to pay judgments in wrongful death actions, subject to notice and court hearing.
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Requires courts to consider severity of the officer's actions, proportionality of reduction, potential undue hardship on dependents, spouses, and other relevant factors when determining the amount of pension reduction.
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Defines "police officer" to include members of county, city, town, village, municipal, and state police forces, as well as sheriffs and deputy sheriffs employed full-time in criminal law enforcement.
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Applies only to wrongful death actions filed on or after January 1 following voter ratification of the constitutional amendment; requires legislature to enact implementing legislation.
Legislative Description
Relates to reducing a police officer's pension to satisfy judgments in a wrongful death action; provides that a police officer's pension may be reduced to no less than $20,000 to satisfy a wrongful death judgment; provides that a court shall hold a hearing to determine the amount of the reduction.
Last Action
to attorney-general for opinion
7/29/2020