Article 5, Section 7 of the New York State Constitution and Article 3-B of the Retirement and Social Security Law (RSSL) (“The Public Integrity Reform Act”) govern the potential reduction and revocation of pensions of public officials and public officers in New York State who have been convicted of certain offenses.
Public Integrity Reform Act
Enacted in 2011 the Public Integrity Reform Act applies to "public officials” who are members of the New York State and Local Employees' Retirement System (ERS) with a date of membership on or after November 13, 2011*, and who are convicted of “crimes related to public office” including felonies such as fraud and larceny.
“Public officials” for purposes of this Act include:
- The governor, lieutenant governor, comptroller or attorney general;
- Members of the state legislature;
- Certain state officers and employees;
- Judges, justices and employees of the unified court system;
- Officers and employees of the legislature; and
- Paid municipal officers and employees.
Upon conviction of a crime related to public office, the prosecuting agency may commence an action for pension forfeiture in the supreme court of the county where the conviction took place. In order to obtain an order reducing or revoking a public official’s pension under the Public Integrity Reform Act, the prosecutor must first prove by clear and convincing evidence that “the defendant knowingly and intentionally committed a crime related to public office.” Once proven, the supreme court has discretion to issue an order reducing or revoking the public official’s pension if the court determines that pension forfeiture is warranted under the circumstances.
*Article 3-B of the Retirement and Social Security Law was amended effective the January 1, 2018, after the ratification of the amendment to Article V, Section 7 of the NYS Constitution, to be applicable to all “public officials” in ERS covered by the constitutional amendment regardless of their date of membership who are convicted of certain felony offices related to public office on or after January 1, 2018.
Constitutional Amendment to Article 5, Section 7 of the NYS Constitution
In 2018, Article 5, Section 7 of the New York State Constitution was ratified by the people of New York State to authorize the reduction and revocation of pensions of public officers in New York State who are members of a public retirement system in New York. This amendment applies to all NYSLRS members, both ERS and PFRS, regardless of date of membership. This law became effective January 1, 2018, and applies to qualifying offenses that occurred on or after January 1, 2018. Qualifying offenses are felonies which have “a direct and actual relationship to the performance of the public officer’s existing duties.”
A “public officer” under the Constitutional Amendment is defined as:
- An official filling an elected office;
- An official appointed directly by the governor;
- A county, city, town or village administrator, manager or equivalent;
- The head of any state or local government department, division, board, commission, bureau, public benefit corporation or public authority who are vested with authority, direction and control over such department, division, board, commission, bureau, public benefit corporation or public authority;
- The chief fiscal officer or treasurer of any municipal corporation or political subdivision of the state;
- A judge or justice of the unified court system; or
- A legislative, executive, or judicial employee who directly assists in the formulation of legislation, rules, regulations, policy or judicial decision-making and is designated as a policymaker in statute.
Benefit forfeiture is not automatic. The State Constitution directs that an appropriate court will determine whether to reduce or revoke a public officer's pension following notice and a hearing.
Rev. 7/24