Res. No. 674
Resolution calling on the New York State Legislature to pass S.1075 and A.1929, an act to amend the retirement and social security law, in relation to forfeiture of pension rights or retirement benefits upon conviction of certain crimes related to public employment.
By Council Members Vallone, Chin, Mendez, Nelson and Williams
Whereas, The New York State Legislature is considering S.1075 and A.1929, an act to amend the retirement and social security law, in relation to forfeiture of pension rights or retirement benefits upon conviction of a certain crimes related to public employment; and
Whereas, These bills would prohibit the receipt of pension benefits when any elected official engages in criminal conduct in relation to that office; and
Whereas, S. 1075 and A.1929 would establish a procedure whereby public misconduct by a public employee may disqualify him or her from all or part of their pension benefits; and
Whereas, New York State has no policy mandating the forfeiture of pension benefits by a public official who has been convicted of a crime; and
Whereas, Currently, a state or local government employee who meets age and length of service requirements for a pension in accordance with the State's Retirement and Social Security Law is entitled to collect pension benefits even if that employee has betrayed the public's trust and has been convicted of a crime related to the betrayal of that trust; and
Whereas, Pension forfeiture statutes can be created to withhold public tax dollars from public servants who break the public trust in a significant way and recognize a fiduciary duty owed to the citizens of the State; and
Whereas, Pennsylvania, Florida, Georgia, Illinois, Massachusetts, Alaska, California, Kentucky, Michigan, Missouri, New Jersey, North Carolina, Ohio, Oklahoma, Tennessee and Virginia have all enacted pension forfeiture statues which operate to sever a public employee's claim to a taxpayer-financed pension if such employees engages in criminal misconduct related to their official duties; now, therefore, be it
Resolved, That the Council of the City of New York calls upon the New York State Legislature to pass S.1075 and A.1929, an act to amend the retirement and social security law, in relation to forfeiture of pension rights or retirement benefits upon conviction of certain crimes related to public employment.
FCC
LS #1890
2/03/11