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

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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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4807--A
                              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
         -- committee discharged, bill amended, ordered  reprinted  as  amended
         and recommitted to said committee
       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. This act shall be known and may be cited  as  the  "federal
    2  corruption loophole closure act".
    3    S 2. Subdivision 2 of section 157 of the retirement and social securi-
    4  ty  law,  as  added by section 1 of part C of chapter 399 of the laws of
    5  2011, is amended to read as follows:
    6    2. In the case of a public official who stands convicted, by  plea  of
    7  nolo  contendere  or plea of guilty to, or by conviction after trial, IN
    8  ANY COURT OF COMPETENT JURISDICTION IN THIS OR ANY OTHER STATE OR IN ANY
    9  FEDERAL COURT OF COMPETENT JURISDICTION, of any crime related to  public
   10  office,  an  action  may  be commenced in supreme court of the county in
   11  which such public official was convicted of such felony  crime,  by  the
   12  district  attorney having jurisdiction over such crime, or by the attor-
   13  ney general if the attorney general brought the  criminal  charge  which
   14  resulted  in  such  conviction,  for  an  order  to reduce or revoke the
   15  pension to which such public official is otherwise entitled for  service
   16  as  a  public  official. Such complaint shall specify with particularity
   17  which category of felony pursuant to  subdivision  one  of  section  one
   18  hundred  fifty-six  of this article the defendant has committed, and all
   19  other facts that are alleged to qualify such crime  as  a  felony  crime
   20  related  to  public  office  subject  to pension reduction or revocation
   21  pursuant to this article, and the amount of pension reduction or revoca-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10474-02-3
       S. 4807--A                          2
    1  tion requested. Such action shall be commenced within six  months  after
    2  such conviction.
    3    S 3. This act shall take effect immediately.