2023 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.