Delaware-2013-SB248-Draft

Section 1.Amend Title 29, Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Chapter 51A Termination of State Pensions

§5101A Definitions

For the purposes of this Chapter:

(1) "clean hands" means that the Board of Pension Trustees (or upon appeal, the Superior Court) has ruled that the spouse of the employee had no role in the crime.

(2) "conviction" shall have the same meaning as defined in §222 of Title 11.

(3) "crime" shall mean the following offenses enumerated in Title 11:

§632 Manslaughter; class B felony.

§633 Murder by abuse or neglect in the second degree; class B felony.

§634 Murder by abuse or neglect in the first degree; class A felony.

§635 Murder in the second degree; class A felony.

§636 Murder in the first degree; class A felony.

§769 Unlawful sexual contact in the first degree; class D felony.

§770 Rape in the fourth degree; class C felony.

§771 Rape in the third degree; class B felony.

§772 Rape in the second degree; class B felony.

§773 Rape in the first degree; class A felony.

§774 Sexual extortion; class E felony.

§776 Continuous sexual abuse of a child; class B felony.

§777A Sex offender unlawful sexual conduct against a child.

§778 Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree; penalties.

§787 Trafficking of persons and involuntary servitude; class F felony; class E felony; class C felony; class B felony; class A felony.

§1103B Child abuse in the first degree; class B felony.

§1108 Sexual exploitation of a child; class B felony.

§1109 Dealing in child pornography; class B felony.

§1259 Sexual relations in detention facility; class G felony.

"crime" shall also include offenses specified in the laws of any other state, local jurisdiction, the United States, any territory of the United States, any federal or military reservation, or the District of Columbia which are the same as, or equivalent to, a Delaware offense specified in the definition of "crime".

(4) "employee" shall have the same meaning as defined in §5501 of this Title except that it shall also mean former employees collecting (or to be eligible to collect) a state pension.

(5) "state pension" means a pension provided by Delaware Public Employees' Retirement System.

� 5102A Pension Vesting Limitation

On and after the date of enactment of this Act vesting of pensions of State Employees shall be subject to termination pursuant to this Chapter.

� 5103A Pension Rights Termination

(a) Upon conviction of a crime, The Board of Pension Trustees shall order that an employee lose all rights to a state pension. and for the purposes of an ordinary survivor's pension and/or death benefit be considered dead.

(b) An order forfeiting an employee's pension rights on conviction of a crime listed in §5101A of this Chapter shall not be stayed on the filing of any appeal of the conviction.While an appeal of the conviction is being adjudicated and until a final judgment is issued, for an employee who is not receiving benefits, the employee and the employee's employer are required to continue making contributions toward the pension and for an employee who is receiving benefits, payments shall be suspended and the assets held in trust.If the conviction is reversed on final judgment, no rights or benefits shall be forfeited and the employee's pension rights shall be reinstated.

� 5104A Survivor Pension Rights

If a convicted employee's spouse has clean hands the spouse shall be eligible for pension benefits as if the convicted employee was dead.If the spouse is found not to have clean hands, the spouse shall be treated as if he or she was also dead, for the purposes of a survivor's pension.

� 5105A Application; Collective Bargaining Agreements

(a) This Chapter shall not apply to pension benefits that vested prior to the effective date of this Chapter or to crimes committed before the effective date of this Chapter.

(b) No collective bargaining agreement or other employment agreement entered into on or after the effective date of this Chapter shall contain any provision that limits the application of the provisions of this Chapter.

Section 2.Amend §5529, Title 29, Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§5529 Death benefit.

(a) Upon the death of an employee, former employee or pensioner or if a survivor's pension is payable upon such death, when such pension ceases to be payable, there shall be paid to the designated beneficiary or, in the absence of a designated beneficiary, to the estate of the employee, former employee or pensioner a lump sum equal to the excess, if any, of the accumulated employee contributions with interest over the aggregate of all pension payments made.

(b) Notwithstanding the provisions of subsection (a) of this section, returns of contributions shall not be made or ordered unless and until the Board of Pension Trustees determines that the employee whose pension rights have been forfeited pursuant to §5103A of this Chapter has satisfied in full any judgments or orders rendered by any court of competent jurisdiction for the payment of restitution for losses incurred as a result of the crime or crimes which caused the termination of pension rights.If not, the Board shall order that any funds otherwise due such employee as a return of contributions, or any portion thereof, be paid to satisfy the judgments or orders.

Section 3.Amend §5546, Title 29, Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

(d) Burial benefits shall not be provided for an employee whose pension rights were terminated pursuant to Chapter 51A of this Title.

Section 4.If any provision of this Act, or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

SPONSOR:	Sen. Lopez & Sen. Lavelle
	Sens. Cloutier, Hocker, Lawson, Pettyjohn, Reps. D. Short, Spiegelman, Wilson