§ 158. Pension contributions returned. 1. Any public official whose pension is reduced or revoked pursuant to this article shall be entitled to a return of his or her contribution paid into the relevant retirement system, without interest.

Terms Used In N.Y. Retirement and Social Security Law 158

  • 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. See N.Y. Retirement and Social Security Law 156
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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. See N.Y. Retirement and Social Security Law 156
  • 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. See N.Y. Retirement and Social Security Law 156
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retirement system: shall mean the New York state and local employees' retirement system, and the New York city employees' retirement system. See N.Y. Retirement and Social Security Law 156

2. Notwithstanding the provisions of subdivision one of this section, no payments in return of contributions shall be made or ordered unless and until the supreme court determines that the public official whose pension has been reduced or revoked has satisfied in full any judgments or orders rendered by any court of competent jurisdiction for the payment of restitution to the state or a municipality for losses incurred as a result of such crime related to public office. If the supreme court determines that such public official whose pension is to be reduced or revoked has failed to satisfy any outstanding judgment or order of restitution rendered by a court of competent jurisdiction, it may order that any funds otherwise due to such public official as a return of contribution, or any portion thereof, be paid in satisfaction of such judgment or order.

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