Provides that any officer terminated who was dismissed for malfeasance or serious misconduct or resigned or retired during an investigation relating to such malfeasance or serious misconduct shall not be entitled to receive any retirement or other benefit or payment of any kind.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3408
SPONSOR: Taylor TITLE OF BILL:
An act to amend the civil service law, in relation to the termination of
law enforcement officer benefits for malfeasance or serious misconduct
PURPOSE:
To prohibit law enforcement officers from receiving their pension if
terminated for misconduct. It would also prevent any officer who resigns
while being investigated for misconduct from receiving their pension.
SUMMARY OF PROVISIONS:
Section 1 adds a new section 108 to the civil service law to prohibit
law enforcement officers that are fired for misconduct from receiving
his or her pension. This would also apply to any law enforcement officer
that resigns while they are being investigated for misconduct.
Section 2 sets forth the effective date
JUSTIFICATION:
Currently, former law enforcement officers qualify for benefits if they
meet the length-of-service requirements, regardless of whether termi-
nation of employment was voluntary or involuntary. These public employ-
ees should forfeit their state pensions if they are fired for serious
misconduct.
There have been a number of cases where officers have been fired for
brutality and other misconduct issues but due to the length of their
service, they will still receive a pension. As we take steps to reshape
police reform, we cannot allow misconduct to be awarded.
LEGISLATIVE HISTORY:
STATE OF NEW YORK
________________________________________________________________________
3408
2025-2026 Regular Sessions
IN ASSEMBLY
January 27, 2025
___________
Introduced by M. of A. TAYLOR -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law, in relation to the termination of
law enforcement officer benefits for malfeasance or serious misconduct
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil service law is amended by adding a new section
2 108 to read as follows:
3 § 108. Termination of benefits; law enforcement officers. 1. Notwith-
4 standing any other provision of law, any law enforcement officer that is
5 terminated and who (a) was dismissed for malfeasance or any other seri-
6 ous misconduct, or (b) resigned or retired from such position while
7 under investigation for such malfeasance or other serious misconduct,
8 shall not be entitled to receive any retirement or other benefit or
9 payment of any kind.
10 2. The provisions of this section shall not apply to any law enforce-
11 ment officer who is exonerated of each allegation against such officer
12 of such malfeasance or other serious misconduct.
13 3. For purposes of this section, the following terms shall have the
14 following meanings:
15 (a) "law enforcement officer" means a police officer as defined in
16 subdivision thirty-four of section 1.20 of the criminal procedure law;
17 (b) "malfeasance" means the commonly approved usage of "malfeasance";
18 and
19 (c) "serious misconduct" means improper or illegal actions taken by a
20 law enforcement officer in connection with such officer's official
21 duties that could result in a miscarriage of justice or discrimination,
22 including, but not limited to, (i) a conviction of a felony, (ii) fabri-
23 cation of evidence, (iii) repeated use of excessive force, (iv) accept-
24 ance of a bribe, or (v) the commission of fraud.
25 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03449-01-5
