2013 New York Consolidated Laws
RSS - Retirement & Social Security
Article 3-B - (156 - 159) PENSION FORFEITURE FOR PUBLIC OFFICIALS
156 - Definitions.

 
    §  156.  Definitions. The following words and phrases, as used in this
  article, shall have the following meanings, unless a  different  meaning
  is plainly required by the context:
    1.  "Crime  related  to public office" shall mean any of the following
  criminal offenses whether committed  in  this  state  or  in  any  other
  jurisdiction  by  a public official through the use of his or her public
  office or by the individual representing that he or she was acting  with
  the  authority  of  any  governmental  entity,  and  acting  as a public
  official:
    (a) a felony for committing, aiding or abetting a  larceny  of  public
  funds from the state or a municipality;
    (b)  a  felony committed in direct connection with service as a public
  official; or
    (c) a felony committed by such person who, with the intent to defraud,
  realizes or obtains, or attempts to realize or obtain, a profit, gain or
  advantage for himself or herself or for some other person,  through  the
  use  or  attempted use of the power, rights, privileges or duties of his
  or her position as a public official.
    2. "Chief administrator of  the  retirement  system"  shall  mean  the
  comptroller  of the state of New York with respect to the New York state
  and local employees' retirement system and the boards of  trustees  with
  respect  to the other public retirement systems and pension funds of the
  state and the city of New York.
    3. "Defendant" shall mean a state or  local  officer  against  whom  a
  forfeiture action is commenced.
    4. "Dependent person" shall mean and include:
    (a)  any  child  of  a  public  official or other person for whom such
  person is legally responsible to provide support;
    (b) any present or former spouse  or  domestic  partner  of  a  public
  official;
    (c) any family or household member of a public official, regardless of
  such  person's  age,  where  such person has a disability, as defined in
  subdivision  twenty-one  of  section  two  hundred  ninety-two  of   the
  executive law; and
    (d) any person to whom a public official has provided support.
    5.  "Pension"  shall  mean  the  annual allowance for life, payable in
  monthly installments,  derived  from  contributions  made  by  a  public
  official  to  the  appropriate pension accumulation fund of a retirement
  system pursuant to applicable law.
    6. (a) "Public official" shall mean any of the  following  individuals
  who  were  not  members  of any retirement system prior to the effective
  date of the chapter of the laws of two thousand eleven which added  this
  article but who have become members of a covered retirement system on or
  after  the  effective  date  of  the chapter of the laws of two thousand
  eleven which added this article:
    (i)  the  governor,  lieutenant  governor,  comptroller  or   attorney
  general;
    (ii) members of the state legislature;
    (iii) state officers and employees including:
    (A) heads of state departments and their deputies and assistants other
  than  members  of the board of regents of the university of the state of
  New York who receive no compensation or are compensated on  a  per  diem
  basis;
    (B) officers and employees of statewide elected officials;
    (C)  officers  and  employees  of  state departments, boards, bureaus,
  divisions, commissions, councils or other state agencies; and
    (D) members or directors of public authorities, other than multi-state
  authorities, public benefit corporations and commissions at least one of

  whose members is appointed  by  the  governor,  and  employees  of  such
  authorities, corporations and commissions;
    (iv) judges, justices and employees of the unified court system;
    (v) officers and employees of the legislature; and
    (vi)  paid  municipal  officers  and employees including an officer or
  employee of a municipality, paid members of  any  administrative  board,
  commission or other agency thereof and in the case of a county, shall be
  deemed to also include any officer or employee paid from county funds.
    (b)  A  person who receives no compensation or is compensated on a per
  diem basis for his or her duties as  a  public  official  shall  not  be
  deemed a public official pursuant to this subdivision.
    7.  "Retirement  system"  shall  mean  the  New  York  state and local
  employees'  retirement  system,  and  the  New  York   city   employees'
  retirement system.