New York S 6182: Relates to reducing a police officer's pension to satisfy judgments in a wrongful death action

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S06182 Summary:

BILL NOS06182 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Amd Art 5 §7, Constn

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Relates to reducing a police officer's pension to satisfy judgments in a wrongful death action; provides that a police officer's pension may be reduced to no less than $20,000 to satisfy a wrongful death judgment; provides that a court shall hold a hearing to determine the amount of the reduction.

Go to top S06182 Actions:

BILL NOS06182 

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03/06/2025REFERRED TO JUDICIARY

03/06/2025TO ATTORNEY-GENERAL FOR OPINION

03/24/2025OPINION REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

01/08/2026TO ATTORNEY-GENERAL FOR OPINION

02/05/2026OPINION REFERRED TO JUDICIARY

Go to topS06182 Committee&nbspVotes:

Go to topS06182 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS06182 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6182

 2025-2026 Regular Sessions

 IN SENATE

 March 6, 2025
 ___________

 Introduced by Sen. PARKER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary

 CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

 proposing an amendment to article 5 of the constitution, in relation to
 reducing a police officer's pension to satisfy judgments in a wrongful
 death action

 1 Section 1. Resolved (if the Assembly concur), That section 7 of arti-
 2 cle 5 of the constitution be amended by adding a new subdivision (e) to
 3 read as follows:
 4 (e) (i) Notwithstanding subdivision (a) of this section, the public
 5 pension of a police officer, as defined in paragraph (ii) of this subdi-
 6 vision, who is found liable in a wrongful death action arising out of
 7 the performance of such officer's duties, may be reduced to no less than
 8 twenty thousand dollars to satisfy the judgment against such police
 9 officer in such wrongful death action prior to the payment of any public
 10 funds, following notice and a hearing by an appropriate court, as
 11 provided by law. The court determination whether to reduce such pension
 12 shall be based on the consideration of factors including the severity of
 13 such police officer's actions and the proportionality of a reduction of
 14 such pension to such actions. When a court issues an order to reduce
 15 such pension, the court shall consider and determine specific findings
 16 as to the amount of such reduction, if any, and whether the reduction
 17 would result in undue hardship or other inequity upon any dependent
 18 children, spouse or other dependents; and other factors as provided by
 19 law. The legislature shall enact legislation to implement this amend-
 20 ment.
 21 (ii) For the purposes of paragraph (i) of this subdivision, the term
 22 "police officer" shall mean any member of a duly organized police force
 23 or department of any county, city, town, village, municipality, authori-
 24 ty, police district, regional state park commission when employed full
 25 time in the enforcement of the general criminal laws of the state, or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD89108-01-5

 S. 6182 2

 1 any member of the state police or a sheriff, undersheriff or deputy
 2 sheriff.
 3 (iii) Paragraph (i) of this subdivision shall only apply to actions
 4 filed on or after the first of January next succeeding the date upon
 5 which the people shall approve and ratify the amendment to the constitu-
 6 tion that added this subdivision.
 7 § 2. Resolved (if the Assembly concur), That the foregoing amendment
 8 be referred to the first regular legislative session convening after the
 9 next succeeding general election of members of the assembly, and, in
 10 conformity with section 1 of article 19 of the constitution, be
 11 published for 3 months previous to the time of such election.

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