Federal prosecutors have indicted the Suffolk County District Attorney on charges of covering up a crime. If convicted, Thomas Spota faces up to 20 years in prison. But under state law he would keep his taxpayer-financed pension.

That's because in New York, public employees' pensions are so sacred, that they can't be revoked — or even modified — under any condition, including fraud, larceny or even murder. It's a protection enshrined in the state constitution in 1938, when the New Deal was in full swing and labor unions were ascendant.

"That rule clearly didn't take into account what happens when the public officer doesn't uphold their end of the bargain and instead violates the public trust by committing a felony in connection with their job," said David Buchwald, a Democratic Assembly member from Westchester.

The only way to alter the rule is to amend the constitution — something New Yorkers will have a chance to do on Election Day.

Buchwald authored the amendment and helped shepherd it through the legislature. It will be on the ballot on Nov. 8 as Proposition 2. If approved, the amendment would empower judges to take away pensions or reduce them, following conviction and sentencing.

Buchwald said he hopes the prospect of forfeiting pensions will help deter law-breaking — but he recognizes it would be just a start. He favors a broad series of ethical reforms, including limiting campaign contributions and increasing donor transparency.

Proposals including such reforms have circulated around the statehouse in Albany for years, without drawing legislative support. Buchwald said his amendment, if passed by voters, would send a signal to lawmakers that it's time to do something to prevent corruption.

"I think it would show that people really want action," he said.

The pension forfeiture amendment, however, wouldn't affect District Attorney Spota or any of several lawmakers convicted in recent years and currently drawing pensions. As a new penalty, it could only affect law-breakers whose criminal activity occurred after the amendment became law.