Bill Text: IA SF2215 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to public retirement systems by allowing for the forfeiture of certain portions of the pension of a public employee who commits felony theft from a public employer.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-02-07 - Subcommittee: Webster, Bisignano, and Driscoll. S.J. 238. [SF2215 Detail]
Download: Iowa-2023-SF2215-Introduced.html
Senate
File
2215
-
Introduced
SENATE
FILE
2215
BY
ZAUN
A
BILL
FOR
An
Act
relating
to
public
retirement
systems
by
allowing
for
1
the
forfeiture
of
certain
portions
of
the
pension
of
a
2
public
employee
who
commits
felony
theft
from
a
public
3
employer.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
NEW
SECTION
.
97E.1
Revocation
of
rights
to
1
pension.
2
1.
As
used
in
this
section:
3
a.
“Bona
fide
retirement”
means
the
retirement
of
a
vested
4
member
of
the
system
who
is
eligible
to
receive
benefits
under
5
the
system.
6
b.
“Conviction”
means
a
plea
of
guilty
or
a
verdict
of
7
guilty.
8
c.
“Public
employee”
means
any
individual
employed
by
a
9
public
employer
and
who
is
entitled
to
a
pension
under
chapter
10
97A,
97B,
411,
or
602.
“Public
employee”
includes
a
public
11
official
as
defined
in
section
68B.2.
12
d.
“Public
employer”
means
the
state,
its
boards,
13
commissions,
agencies,
and
departments,
and
its
political
14
subdivisions
including
school
districts
and
other
special
15
purpose
districts.
16
e.
“System”
means
the
Iowa
department
of
public
safety
peace
17
officers’
retirement,
accident,
and
disability
system
under
18
chapter
97A;
the
Iowa
public
employees’
retirement
system
under
19
chapter
97B;
the
municipal
fire
and
police
retirement
system
20
under
chapter
411;
and
the
judicial
retirement
system
under
21
chapter
602.
22
f.
“Theft”
means
an
offense
classified
as
a
felony
under
23
section
714.2.
24
2.
In
addition
to
any
other
penalties
provided
by
law,
upon
25
the
conviction
of
a
public
employee
for
theft
from
a
public
26
employer,
the
public
employee
shall
lose
all
rights
in
and
to
27
the
public
employee’s
pension
under
a
system
prior
to
a
bona
28
fide
retirement
and
the
pension
shall
be
revoked
by
the
system.
29
3.
If
a
public
employee
is
convicted
of
theft
from
a
30
public
employer,
the
clerk
of
the
district
court
shall
notify
31
the
applicable
system
that
a
public
employee
has
been
so
32
convicted.
Any
accumulated
contributions
made
by
the
public
33
employee
to
the
system
that
have
not
already
been
returned
to
34
the
public
employee
shall
be
returned
to
the
public
employee.
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Any
benefits
received
by
the
public
employee
in
excess
of
1
the
public
employee’s
contributions
shall
be
returned
to
the
2
system.
3
4.
The
portion
of
the
revoked
pension
that
is
not
4
attributable
to
contributions
made
to
the
system
by
the
public
5
employee
shall
be
considered
property
subject
to
forfeiture
6
under
chapter
809A,
and
the
public
employee
shall
not
be
7
entitled
to
such
portion
of
the
pension
as
a
matter
of
law,
and
8
the
system
shall
proceed
under
the
procedures
of
chapter
809A
9
to
seize
such
portion
of
the
pension.
10
5.
This
section
shall
not
be
construed
in
a
manner
that
11
impairs
the
rights
of
any
individual
under
a
marital
property,
12
spousal
support,
or
child
support
order.
In
addition,
this
13
section
shall
not
be
construed
to
impair
the
statutory
rights
14
of
a
governmental
entity,
including
but
not
limited
to
the
15
right
of
a
governmental
entity
to
collect
an
amount
from
the
16
public
employee
for
deposit
in
the
victim
compensation
fund
17
established
in
chapter
915.
18
Sec.
2.
Section
602.8102,
Code
2024,
is
amended
by
adding
19
the
following
new
subsection:
20
NEW
SUBSECTION
.
16.
Notify
the
applicable
system
as
defined
21
in
section
97E.1
of
a
felony
theft
conviction
by
a
public
22
employee
from
a
public
employer
as
required
in
section
97E.1,
23
subsection
3.
24
Sec.
3.
Section
809A.4,
Code
2024,
is
amended
by
adding
the
25
following
new
subsection:
26
NEW
SUBSECTION
.
6A.
The
portion
of
a
revoked
pension
not
27
attributable
to
the
contributions
of
a
public
employee
as
28
described
in
section
97E.1.
29
Sec.
4.
Section
901.5,
Code
2024,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
15.
If
the
defendant
is
a
public
employee
32
convicted
of
felony
theft
from
a
public
employer
as
described
33
in
section
97E.1,
the
court
shall
inform
the
defendant
that
34
portions
of
the
pension
of
the
public
employee
are
subject
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to
revocation
pursuant
to
section
97E.1
and
forfeiture
under
1
chapter
809A.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
public
retirement
systems
by
allowing
6
for
the
forfeiture
of
certain
portions
of
the
pension
of
7
a
public
employee
who
commits
felony
theft
from
a
public
8
employer.
9
The
bill
defines
“public
employee”
to
mean
an
individual
10
employed
by
a
public
employer
and
who
is
entitled
to
a
pension
11
under
Code
chapter
97A
(Iowa
department
of
public
safety
peace
12
officers’
retirement,
accident,
and
disability
system),
97B
13
(Iowa
public
employees’
retirement
system),
411
(municipal
fire
14
and
police
retirement
system),
or
602
(judicial
retirement
15
system).
“Public
employee”
also
includes
a
public
official
as
16
defined
in
Code
section
68B.2.
17
In
addition
to
any
other
penalties
provided
by
law,
the
18
bill
provides
that
upon
the
conviction
of
a
public
employee
19
for
theft
from
a
public
employer
for
which
the
penalty
is
a
20
felony,
the
public
employee
shall
lose
all
rights
in
the
public
21
employee’s
pension
under
a
public
retirement
system
prior
to
a
22
bona
fide
retirement
and
the
pension
shall
be
revoked
by
the
23
system.
24
If
convicted,
the
clerk
of
the
district
court
is
required
25
to
notify
the
applicable
retirement
system.
Any
accumulated
26
contributions
made
by
the
public
employee
to
the
system
shall
27
be
returned
to
the
public
employee.
Any
benefits
received
28
by
the
public
employee
in
excess
of
the
public
employee’s
29
contributions
shall
be
returned
to
the
system.
30
Under
the
bill,
the
portion
of
the
revoked
pension
that
31
is
not
attributable
to
contributions
made
to
the
system
by
32
the
public
employee
shall
be
considered
property
subject
to
33
forfeiture
under
Code
chapter
809A,
and
the
system
shall
34
proceed
under
the
procedures
of
Code
chapter
809A
to
seize
such
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portion
of
the
pension.
1
The
bill
shall
not
be
construed
in
a
manner
that
impairs
2
the
rights
of
any
individual
under
a
marital
property,
3
spousal
support,
or
child
support
order.
In
addition,
4
this
section
shall
not
be
construed
to
impair
the
statutory
5
rights
of
a
governmental
entity
to
collect
an
amount
from
the
6
public
employee
for
deposit
in
the
victim
compensation
fund
7
established
in
Code
chapter
915.
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