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NY A03564
Bill
Status
2/3/2023
Primary Sponsor
Michael Fitzpatrick
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AI Summary
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Amends Article 5, Section 7 of the New York State Constitution to clarify that only "accrued" pension benefits are protected from diminishment or impairment, with terms to be defined by law.
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Allows courts to reduce or revoke pensions of convicted public officers whose felony has a direct and actual relationship to their job duties, following notice, hearing, and consideration of crime severity and proportionality.
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Defines "public officer" to include elected officials, gubernatorial appointees, county/city/town administrators, department heads, fiscal officers, judges, and state legislative/executive/judicial policymakers.
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Applies pension reduction or revocation authority only to crimes committed on or after January 1 following voter approval of this constitutional amendment.
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Requires courts to consider undue hardship or inequity to dependent children, spouses, or other dependents when determining pension forfeiture amounts.
Legislative Description
Provides that for members of a public pension or retirement system, accrued benefits shall not be diminished or impaired except as authorized and prescribed by the legislature.
Last Action
opinion referred to judiciary
1/26/2024