BILL NUMBER: S4772
SPONSOR: SKOUFIS
 
TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to section 7 of article 5 of the constitution, in relation to the public
pension of a public officer
 
PURPOSE:
This bill would propose an amendment to the New York State Constitution,
regarding the revocation of the public pension of a public officer who
stands convicted on an impeachment.
 
SUMMARY OF PROVISIONS:
Section 1: Resolved (if the Assembly concur), amends Article 5, Section
7 of the State Constitution providing that the membership in any public
pension of a public officer who stands convicted on an impeachment shall
be revoked, including any public officer convicted of an impeachment
before the effective date of this amendment.
Section 2: Amends Article 6, Section 24 of the State Constitution,
providing that judgments in cases of impeachment shall also extend to
revocation of any membership in a public pension.
Section 3: Sets Effective Date.
 
JUSTIFICATION:
Despite being impeached and removed from office for violating the public
trust, a public officer in New York State could still collect his or her
state pension due to strong protections currently found within the NYS
Constitution. As adopted by the voters of New York in 2017, an amendment
to the State Constitution was made, allowing for the reduction or revo-
cation of the pensions of public officials convicted of a felony related
to his or her official duties.
This legislation follows and complements that amendment by expressly
providing for the complete revocation of a public officer's state
pension plan upon his or her conviction on an impeachment. If a public
officer was so unfit to serve the residents of New York that he or she
was impeached and removed from office, then the individual should be
entirely precluded from receiving any taxpayer-subsidized pension bene-
fits upon retirement.
 
LEGISLATIVE HISTORY:
Senate
2021: S7316, Referred to Judiciary
2022: S7316, Referred to Judiciary
2023: S3504, Referred to Judiciary
2024: S3504, Referred to Judiciary
Assembly
2021: A8237, Referred to Judiciary
2022: A8237, Referred to Judiciary
2023: A3426, Referred to Judiciary
2024: A3426, Referred to Judiciary
 
FISCAL IMPLICATIONS:
None other than possible savings to the state pension fund.
 
EFFECTIVE DATE:
Resolved (if the Assembly concur), the foregoing amendment will be
referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for three months previous to the time of such election.