Comptroller Tom DiNapoli is proposing legislation that would strip public officials of their pension benefits if they are convicted of a felony.

Convicted ex-pols like Joe Bruno, Alan Hevesi and recently deceased Guy Velella all collected pension benefits despite corruption convictions.

DiNapoli’s bill also imposes a penalty of up to twice the amount of money a public official garnered as a result of a crime committed while in office and elevates Official Misconduct to a felony – which, in the case of the Senate and Assembly, would also result in the lose of one’s seat.

“When public officials break the law while performing their public duty, they should forfeit their public pension, plain and simple,” DiNapoli said in a statement.

“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.”

The state constitution does not allow retirement benefits of sitting public officials to be reduced, but they would be subject to the penalty of up to twice the amount they benefited from their crime.

The pension forfeiture portion of the bill would apply to all public employees who are sworn in subsequent to the bill’s enactment – they would also be subject to the hefty financial penalty of up to twice the sum they unlawfully collected.  This includes state and local elected officials, officers and appointees, including directors and members of public authorities and public benefit corporations who are convicted of a “job-related felony.”

DiNapoli first floated this idea back in December when he said he was researching ways of stopping pension checks from going out to former politicians with felony records.

Here is the bill:

forfeiture

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