NY Ret & SS L § 156 (2021)
2021 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.