Bill Text: NJ A4586 | 2020-2021 | Regular Session | Introduced
Bill Title: Repeals provision that requires court-ordered pension forfeiture upon conviction of public employee for certain crimes; requires retirement system to consider for pension forfeiture length and duration of misconduct or crime in relation to public employee's length of service.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-08-25 - Introduced, Referred to Assembly State and Local Government Committee [A4586 Detail]
Download: New_Jersey-2020-A4586-Introduced.html
Sponsored by:
Assemblywoman ANGELICA M. JIMENEZ
District 32 (Bergen and Hudson)
SYNOPSIS
Repeals provision that requires court-ordered pension forfeiture upon conviction of public employee for certain crimes; requires retirement system to consider for pension forfeiture length and duration of misconduct or crime in relation to public employee's length of service.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the forfeiture of a pension for misconduct or a crime committed by a public officer or employee, and amending P.L.1995, c.408 and repealing section 2 of P.L.2007, c.49.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1995, c.408 (C.43:1-3) is amended to read as follows:
1. a. The receipt of a public pension or retirement benefit is hereby expressly conditioned upon the rendering of honorable service by a public officer or employee.
b. The board of trustees of any State or locally-administered pension fund or retirement system created under the laws of this State is authorized to order the forfeiture of all or part of the earned service credit or pension or retirement benefit of any member of the fund or system for misconduct occurring during the member's public service which renders the member's service or part thereof dishonorable [and to implement any pension forfeiture ordered by a court pursuant to section 2 of P.L.2007, c.49 (C.43:1-3.1)].
c. In evaluating a member's misconduct to determine whether it constitutes a breach of the condition that public service be honorable and whether forfeiture or partial forfeiture of earned service credit or earned pension or retirement benefits is appropriate, the board of trustees shall consider and balance the following factors in view of the goals to be achieved under the pension laws:
(1) the member's length of service;
(2) the basis for retirement;
(3) the extent to which the member's pension has vested;
(4) the duties of the particular member;
(5) the member's public employment history and record covered under the retirement system;
(6) any other public employment or service;
(7) the nature of the misconduct or crime, including the gravity or substantiality of the offense, whether it was a single or multiple offense and whether it was continuing or isolated, and the duration of the misconduct or crime in relation to the member's length of service;
(8) the relationship between the misconduct and the member's public duties;
(9) the quality of moral turpitude or the degree of guilt or culpability, including the member's motives and reasons, personal gain and similar considerations;
(10) the availability and
adequacy of other penal sanctions; and
(11) other personal circumstances relating to the member which bear upon the justness of forfeiture.
d. Whenever a board of trustees determines, pursuant to this section, that a partial forfeiture of earned service credit or earned pension or retirement benefits is warranted, it shall order that benefits be calculated as if the accrual of pension rights terminated as of the date the misconduct first occurred or, if termination as of that date would in light of the nature and extent of the misconduct result in an excessive pension or retirement benefit or in an excessive forfeiture, a date reasonably calculated to impose a forfeiture that reflects the nature and extent of the misconduct and the years of honorable service.
(cf: P.L.2007, c.49, s.1)
2. Section 2 of P.L.2007, c.49 (C.43:1-3.1) is repealed.
3. This act shall take effect immediately.
STATEMENT
This bill repeals the current law that requires a court to order a pension forfeiture when a person who holds any public office or employment with the State or a political subdivision of the State is convicted of any of 23 listed crimes or of a substantially similar crime under the laws of another state or the United States. The law requires forfeiture of all of the pension earned as a member of any State or locally-administered pension fund or retirement system in which the person participated at the time of the commission of the crime and which covered the office or employment involved in the crime. The law requires the crime to have been directly related to the person's performance in, or circumstances flowing from, the specific public office or employment held by the person.
Full or partial pension forfeiture will remain an option for the board of trustees of any State or locally-administered pension fund or retirement system created under the laws of this State. Currently, a board is authorized to order the forfeiture of all or part of the earned service credit or pension or retirement benefit of any member of the fund or system for misconduct occurring during the member's public service which renders the member's service or part thereof dishonorable. In evaluating a member's misconduct to determine whether it constitutes a breach of the condition that public service be honorable and whether forfeiture or partial forfeiture of earned service credit or earned pension or retirement benefits is appropriate, the board of trustees is to consider and balance the following factors in view of the goals to be achieved under the pension laws:
(1) the member's length of service;
(2) the basis for retirement;
(3) the extent to which the member's pension has vested;
(4) the duties of the particular member;
(5) the member's public employment history and record covered under the retirement system;
(6) any other public employment or service;
(7) the nature of the misconduct or crime, including the gravity or substantiality of the offense, whether it was a single or multiple offense and whether it was continuing or isolated;
(8) the relationship between the misconduct and the member's public duties;
(9) the quality of moral turpitude or the degree of guilt or culpability, including the member's motives and reasons, personal gain and similar considerations;
(10) the availability and adequacy of other penal sanctions; and
(11) other personal circumstances relating to the member which bear upon the justness of forfeiture.
This bill amends this current law to require a board of trustees to consider also the duration of the crime or misconduct in relation to the member's length of service.
