(a) Whether the defendant stands convicted of such a felony of a crime
related to public office, and the specific paragraph or paragraphs of
subdivision one of section one hundred fifty-six of this article that
have been proven or not proven;
(b) The severity of the crime related to public office of which the
defendant stands convicted;
(c) The amount of monetary loss suffered by such state or municipality
as a result of such crime related to public office;
(d) The degree of public trust reposed in the public official by
virtue of the person's position as a public official;
(e) If the crime related to public office was part of a fraudulent
scheme against the state or a municipality, the role of the public
official in such fraudulent scheme against such state or a municipality;
(f) The defendant's criminal history, if any;
(g) The impact of forfeiture, in whole or in part, on defendant's
dependents, present or former spouses, or domestic partners;
(h) The proportionality of forfeiture of all or part of the pension to
the crime committed;
(i) The years of service in public office by the defendant where no
criminal activity has been found by a court; and
(j) Any such other factors as, in the judgment of the supreme court,
justice may require.
9. At any time during the pendency of a forfeiture action, the court
may dismiss the action if it finds that such relief is warranted by the
existence of some compelling factor, consideration or circumstance or
other information or evidence which demonstrates that forfeiture would
not serve the ends of justice. The court may order that some or all of
the reduced or revoked pension be paid to satisfy the terms of any
existing order for the payment of maintenance, child support or
restitution or for the benefit of any dependent persons, as may be in
the interests of justice, after taking into consideration the financial
needs and resources available for support of such persons.
10. (a) Upon a finding by the court by clear and convincing evidence
that the defendant knowingly and intentionally committed a crime related
to public office, the court may issue an order to the appropriate
retirement system to reduce or revoke the defendant's pension to which
he or she is otherwise entitled as such a public official. All orders
and findings made by the court pursuant to this section shall be served
by the attorney general or the district attorney, as the case may be
upon the chief administrator of the defendant's retirement system and
the defendant.
(b) If the court issues an order pursuant to paragraph (a) of this
subdivision, the court shall order payment of a portion of such pension
benefit to: (1) the innocent spouse if so requested by such spouse
payable at the time the public official would have been eligible for
retirement if such spouse has not otherwise waived, in writing, his or
her right to such benefit; and (2) innocent minor children and other
dependents pursuant to law of the public official in an amount that the
court finds just and proper consistent with the pension benefits to
which the public official would be entitled and the portion of those
benefits which would be used for the support of such minor children or
dependents pursuant to law. Such payment to the innocent spouse shall be
computed pursuant to paragraph (c) of this subdivision, and payments
pursuant to subparagraphs one and two of this paragraph shall be
adjusted to reflect interest accrued between the time of such conviction
and the time of such payment.
(c) When determining the amount of benefits which the defendant's
innocent spouse is entitled to receive, the factors contained in
paragraph d of subdivision five of part B of section two hundred
thirty-six of the domestic relations law shall be considered by the
court. However, when determining such apportionment, the court shall not
annul or modify any prior court order regarding such benefits.
11. The court shall issue a written decision including findings of
fact and conclusions of law that are the basis for any order issued
pursuant to this section.
12. Upon a final determination that reverses or vacates the conviction
or convictions of a crime related to public office, or reduces such
crime to a violation, misdemeanor or other criminal act that is not a
crime related to public office, the public official, or if he or she
shall be deceased, his or her estate, shall have such pension
retroactively restored upon application to the court with jurisdiction
over the forfeiture action. Such court, upon finding that such a final
determination has occurred, shall issue an order retroactively restoring
such pension, together with such other relief deemed appropriate.
13. A final judgment entered pursuant to this article may be appealed
pursuant to subdivision (a) of section fifty-seven hundred one and
section fifty-six hundred two of the civil practice law and rules.
14. Except as otherwise provided by this article, the civil practice
law and rules shall govern the procedure in all actions commenced
pursuant to this article, except where the action is specifically
regulated by any inconsistent provisions herein.