2019 New York Laws
RSS - Retirement and Social Security
Article 3-B - 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:
(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.
