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    DiNapoli Proposes Pension Forfeiture Bill

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    Daily Freeman
    State Comptroller Thomas DiNapoli has proposed a bill that would revoke the pension benefits of public officials convicted of felonies related to their official duties. The bill aims to ensure officials who violate public trust are not rewarded with pensions. It would also increase penalties for abuse of public trust by classifying official misconduct as a felony and allowing fines up to double the amount obtained through crimes. The pension forfeiture provisions would only apply to future members of the state retirement system to withstand legal challenges.

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    DiNapoli Proposes Pension Forfeiture Bill

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    Daily Freeman
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    State Comptroller Thomas DiNapoli has proposed a bill that would revoke the pension benefits of public officials convicted of felonies related to their official duties. The bill aims to ensure officials who violate public trust are not rewarded with pensions. It would also increase penalties for abuse of public trust by classifying official misconduct as a felony and allowing fines up to double the amount obtained through crimes. The pension forfeiture provisions would only apply to future members of the state retirement system to withstand legal challenges.

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    State Comptroller Thomas DiNapoli has proposed a bill that would revoke the pension benefits of public officials convicted of felonies related to their official duties. The bill aims to ensure officials who violate public trust are not rewarded with pensions. It would also increase penalties for abuse of public trust by classifying official misconduct as a felony and allowing fines up to double the amount obtained through crimes. The pension forfeiture provisions would only apply to future members of the state retirement system to withstand legal challenges.

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    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    547 views2 pages

    DiNapoli Proposes Pension Forfeiture Bill

    Uploaded by

    Daily Freeman
    State Comptroller Thomas DiNapoli has proposed a bill that would revoke the pension benefits of public officials convicted of felonies related to their official duties. The bill aims to ensure officials who violate public trust are not rewarded with pensions. It would also increase penalties for abuse of public trust by classifying official misconduct as a felony and allowing fines up to double the amount obtained through crimes. The pension forfeiture provisions would only apply to future members of the state retirement system to withstand legal challenges.

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    CONT

    ACT:
    Press Office
    (518) 474-4015

     FOR RELEASE:

    Immediately
    January 28, 2011

    DiNapoli Proposes Pension Forfeiture Bill


    Calls for Severe Penalties for Abuse of Public Trust

    Public officials stand to lose pension benefits if they commit a felony related to the performance
    of their duties under a bill proposed today by State Comptroller Thomas P. DiNapoli. DiNapoli's
    bill also imposes a penalty up to twice the amount a public official benefitted from the
    commission of a crime committed in the course of his or her public duty.

    "When public officials break the law while performing their public duty, they should forfeit their
    public pension, plain and simple," DiNapoli said. "It's time to take away the pension of anyone
    found guilty of committing a felony in the course of his or her official duties. No one who
    violates the public trust should be allowed to receive a taxpayer-funded pension. And the tough
    sanctions I'm pushing will remind every public official that violating the public trust will not be
    tolerated.

    "Public confidence in government has been bruised and battered. This bill will be a strong step
    toward rebuilding trust."

    "New York's pension system needs to be reformed and this is a logical first step," said Stephen J.
    Acquario, executive director of the New York State Association of Counties. "This proposal
    ensures government officials who violate the public trust are accountable for their misdeeds, not
    rewarded for them."

    DiNapoli noted that while the state constitution prohibits any diminishment of retirement
    benefits for current public officials and public servants, the new felony provisions would apply
    to all current and future public officials and public servants.
    Fulfilling a pledge made last fall, DiNapoli's legislation provides for the revocation of the
    pension benefits of future Retirement System members who are state or local elected officials,
    officers and appointees, including directors and members of public authorities and public benefit
    corporations, who are convicted of or plead to the commission of a job-related felony.

    DiNapoli's bill also enhances penalties by elevating Official Misconduct to a felony and
    increasing the penalties for any abuse of the public trust by public employees in New York state.
    An abuse of the public trust entails committing a felony and using one's position as a public
    servant to commit or conceal a felony or to conspire to commit a felony.

    Public officials who abuse the public trust would be forced to pay a penalty up to twice the
    amount they benefitted from the commission of the crime. In addition, Class A-1 and Class B
    felons would face increased incarceration time by four to 20 years depending on the severity of
    the crime. The monetary penalty and enhanced sentencing would be in addition to any other
    sanctions imposed by existing law. This portion of the bill would be applicable to all public
    servants in the state regardless of whether they are a member of the New York State and Local
    Retirement System.

    The pension forfeiture provisions in DiNapoli's bill apply only to prospective members of the
    Retirement System so the bill will withstand legal challenges.

    To view DiNapoli's proposed bill, visit: http://osc.state.ny.us/press/releases/jan11/forfeiture.pdf.

    ###

    Albany Phone: (518) 474-4015 Fax: (518) 473-8940


    NYC Phone: (212) 681-4840 Fax: (212) 681-7677
    Internet: www.osc.state.ny.us
    E-Mail: press@osc.state.ny.us

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