{"data":{"id":"us-ny/n.y.-const.-art.-v-7","jurisdiction":"us-ny","citation":"N.Y. Const. art. V, § 7","heading":"Membership in retirement systems; benefits not to be diminished nor impaired","body":"§ 7. (a) After July first, nineteen hundred forty, membership in any\npension or retirement system of the state or of a civil division thereof\nshall be a contractual relationship, the benefits of which shall not be\ndiminished or impaired.\n  (b) Notwithstanding subdivision (a) of this section, the public\npension of a public officer, as defined in paragraph (c) of this\nsection, who stands convicted of a felony for which such felony has a\ndirect and actual relationship to the performance of the public\nofficer's existing duties, may be reduced or revoked, following notice\nand a hearing by an appropriate court, as provided by law.  The court\ndetermination whether to reduce or revoke such pension shall be based on\nthe consideration of factors including the severity of the crime and the\nproportionality of a reduction or revocation of such pension to such\ncrime. When a court issues an order to reduce or revoke such pension,\nthe court shall consider and determine specific findings as to the\namount of such forfeiture, if any, and whether forfeiture, in whole or\nin part, would result in undue hardship or other inequity upon any\ndependent children, spouse or other dependents; and other factors as\nprovided by law.  The legislature shall enact legislation to implement\nthis amendment taking into account interests of justice.\n  (c) For the purposes of paragraph (b) of this section, the term\n\"public officer\" shall mean: (i) an official filling an elected office\nwithin the state; (ii) a holder of office filled by direct appointment\nby the governor of this state, either upon or without senate\nconfirmation; (iii) a county, city, town or village administrator,\nmanager or equivalent position; (iv) the head or heads of any state or\nlocal government department, division, board, commission, bureau, public\nbenefit corporation, or public authority of this state who are vested\nwith authority, direction and control over such department, division,\nboard, commission, bureau, public benefit corporation or public\nauthority; (v) the chief fiscal officer or treasurer of any municipal\ncorporation or political subdivision of the state; (vi) a judge or\njustice of the unified court system; and (vii) a legislative, executive,\nor judicial employee of this state who directly assists in the\nformulation of legislation, rules, regulations, policy, or judicial\ndecision-making and who is designated as a policymaker as set forth in\nstatute.\n  (d) Paragraph (b) of this section shall only apply to crimes committed\non or after the first of January next succeeding the date upon which the\npeople shall approve and ratify the amendment to the constitution that\nadded this paragraph.","path":["Constitution","Article V. Officers and Civil Departments"],"source_url":"https://legislation.nysenate.gov/api/3/laws/CNS/A5S7","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:44Z","sha256":"7a3ee54f7742d2ca65c57a098223a08ee9a0d109dd0dcae60e0989524b41161d","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-const.-art.-v-6","next":"us-ny/n.y.-const.-art.-vi-1"},"notice":"GroundRules: Original legal text. Not legal advice."}