BILL NUMBER: S6182
SPONSOR: PARKER
 
TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to article 5 of the constitution, in relation to reducing a police offi-
cer's pension to satisfy judgments in a wrongful death action
 
PURPOSE:
To allow judgment in a wrongful death action to be recoverable from a
police officer's pension.
 
SUMMARY PROVISIONS:
Amends section 7 of article 5 of the constitution to allow, in wrongful
death actions, the public pension of a police officer to be reduced to
no less than $20,000 to satisfy the judgment of such action if the offi-
cer is found liable for the wrongful death and such action arose out of
his or her performance of official duties. Based on numerous factors,
the Court shall consider the amount of the reduction, if any.
 
JUSTIFICATION:
The State pays out million in police misconduct and wrongful death cases
each year; with little to no financial repercussion against the actual
wrongdoer(s). Based on a 2018 report, Officers in New York State retire
with pensions averaging more than $100,000. Requiring that officers pay
a portion out of their pension for their actions which results in death
enforces and encourages professional responsibility.
 
PRIOR LEGISLATIVE HISTORY:
2023-24: S7282
2021-22: S5974 - OPINION REFERRED TO JUDICIARY
2019-20: S8621 - TO ATTORNEY-GENERAL FOR OPINION
 
FISCAL IMPLICATIONS:
None