Bill Text: NY S04807 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Clarifies the identity of courts having jurisdiction relating to a conviction of a felony as grounds for forfeiture of a public officer's New York state pension benefits.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CIVIL SERVICE AND PENSIONS [S04807 Detail]

Download: New_York-2013-S04807-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4807
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    April 24, 2013
                                      ___________
       Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Civil Service and Pensions
       AN ACT to amend the retirement and social security law, in  relation  to
         clarifying  the  identity  of courts having jurisdiction relating to a
         conviction of a felony as grounds for forfeiture of a public officer's
         New York state pension benefits
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 2 of section 157 of the retirement and social
    2  security law, as added by section 1 of part C of chapter 399 of the laws
    3  of 2011, is amended to read as follows:
    4    2. In the case of a public official who stands convicted, by  plea  of
    5  nolo  contendere  or plea of guilty to, or by conviction after trial, IN
    6  ANY COURT OF COMPETENT JURISDICTION IN THIS OR ANY OTHER STATE OR IN ANY
    7  FEDERAL COURT OF COMPETENT JURISDICTION, of any crime related to  public
    8  office,  an  action  may  be commenced in supreme court of the county in
    9  which such public official was convicted of such felony  crime,  by  the
   10  district  attorney having jurisdiction over such crime, or by the attor-
   11  ney general if the attorney general brought the  criminal  charge  which
   12  resulted  in  such  conviction,  for  an  order  to reduce or revoke the
   13  pension to which such public official is otherwise entitled for  service
   14  as  a  public  official. Such complaint shall specify with particularity
   15  which category of felony pursuant to  subdivision  one  of  section  one
   16  hundred  fifty-six  of this article the defendant has committed, and all
   17  other facts that are alleged to qualify such crime  as  a  felony  crime
   18  related  to  public  office  subject  to pension reduction or revocation
   19  pursuant to this article, and the amount of pension reduction or revoca-
   20  tion requested. Such action shall be commenced within six  months  after
   21  such conviction.
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10474-01-3