§ 157. Pension forfeiture. 1. Notwithstanding any other law to the\ncontrary, it shall be a term and condition of membership for every\npublic official that such public official's rights to a pension in a\nretirement system that accrue in such retirement system after his or her\ndate of initial membership in the retirement system shall be subject to\nthe provisions of this article.\n 2. In the case of a public official who stands convicted, by plea of\nnolo contendere or plea of guilty to, or by conviction after trial, of\nany crime related to public office, and has been sentenced, an action\nmay be commenced in supreme court of the county in which such public\nofficial was convicted of such felony crime, by the district attorney\nhaving jurisdiction over such crime, or by the attorney general if the\nattorney general brought the criminal charge which resulted in such\nconviction, for an order to reduce or revoke the pension to which such\npublic official is otherwise entitled for service as a public official.\nSuch complaint shall specify with particularity which category of felony\npursuant to subdivision one of section one hundred fifty-six of this\narticle the defendant has committed, and all other facts that are\nalleged to qualify such crime as a felony crime related to public office\nsubject to pension reduction or revocation pursuant to this article, and\nthe amount of pension reduction or revocation requested. Such action\nshall be commenced within six months after such sentencing.\n 3. Before commencing an action described in subdivision two of this\nsection, the district attorney or the attorney general, as the case may\nbe, shall serve written notice on the chief administrator of the\ndefendant's retirement system stating that he or she has reason to\nbelieve that the person convicted committed the crime related to public\noffice in the performance of or failure to perform the public official's\nduties and responsibilities. Such notice shall specify with\nparticularity which category of felony pursuant to subdivision one of\nsection one hundred fifty-six of this article the defendant has\ncommitted. Within twenty days after receipt of such notice, the chief\nadministrator of the defendant's retirement system shall submit a notice\nof applicability to the district attorney or the attorney general as the\ncase may be. The notice of applicability shall contain a statement\nspecifying whether the person convicted is or has been a member or\nretired member of a retirement system and shall describe the portion of\nsuch rights and benefits to which such person is or will be entitled to\nsolely from service as such a public official.\n 4. No forfeiture action may be commenced by the district attorney or\nthe attorney general until such district attorney or the attorney\ngeneral, as the case may be, has received and served on the defendant\nthe notice of applicability as set forth in subdivision three of this\nsection.\n 5. The district attorney or the attorney general, or any interested\nparty, may seek, or the court on its own motion may order, that some or\nall of the pension that would otherwise be reduced or revoked pursuant\nto this article be paid for the benefit of any dependent persons, as may\nbe in the interests of justice.\n 6. The defendant shall have the right to a hearing.\n 7. The burden of proof shall be upon the district attorney or the\nattorney general, as the case may be, to prove by clear and convincing\nevidence the facts necessary to establish a claim of pension forfeiture.\nThe district attorney or the attorney general as the case may be must,\nat the time of the hearing, prove by clear and convincing evidence that\nthe defendant knowingly and intentionally committed the crime related to\npublic office.\n 8. In determining whether the pension shall be reduced or revoked, the\nsupreme court shall consider and make findings of fact and conclusions\nof law that include, but shall not be limited
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