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| PRIOR PRINTER'S NO. 1411 | PRINTER'S NO. 1830 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CASORIO, CALTAGIRONE, D. COSTA, CUTLER, DALLY, DEASY, HENNESSEY, KULA, MAHONEY, MANN, MATZIE, MOUL, MURT, REICHLEY, SIPTROTH, SWANGER, VULAKOVICH, WALKO, MELIO, HORNAMAN, DALEY, PALLONE AND KORTZ, APRIL 3, 2009 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MAY 11, 2009 |
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| AN ACT |
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1 | Amending the act of July 8, 1978 (P.L.752, No.140), entitled "An |
2 | act providing for the forfeiture of the pensions of certain |
3 | public employees and authorizing the State or political |
4 | subdivision to garnish the pension benefits of certain public |
5 | officers and employees upon conviction of certain criminal |
6 | activity related to their office or position of employment," |
7 | further defining "crimes related to public office or public |
8 | employment." employment"; and further providing for | <-- |
9 | disqualification and forfeiture of benefits. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Section 2 of the act of July 8, 1978 (P.L.752, |
13 | No.140), known as the Public Employee Pension Forfeiture Act, |
14 | amended July 15, 2004 (P.L.733, No.86), is amended to read: |
15 | Section 2. Definitions. |
16 | The following words and phrases when used in this act shall |
17 | have, unless the context clearly indicates otherwise, the |
18 | meanings given to them in this section: |
19 | "Crimes related to public office or public employment." Any |
20 | of the criminal offenses as set forth in the following |
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1 | provisions of Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes or other enumerated statute when committed |
3 | by a public official or public employee through his public |
4 | office or position or when his public employment places him in a |
5 | position to commit the crime: |
6 | Any of the criminal offenses set forth in Subchapter B of |
7 | Chapter 31 (relating to definition of offenses) when the |
8 | criminal offense is committed by a school employee as defined in |
9 | 24 Pa.C.S. § 8102 (relating to definitions) against a student. |
10 | Section 3124.2 (relating to institutional sexual assault). |
11 | Section 3922 (relating to theft by deception) when the |
12 | criminal culpability reaches the level of a misdemeanor of the |
13 | first degree or higher. |
14 | Section 3923 (relating to theft by extortion) when the |
15 | criminal culpability reaches the level of a misdemeanor of the |
16 | first degree or higher. |
17 | Section 3926 (relating to theft of services) when the |
18 | criminal culpability reaches the level of a misdemeanor of the |
19 | first degree or higher. |
20 | Section 3927 (relating to theft by failure to make required |
21 | disposition of funds received) when the criminal culpability |
22 | reaches the level of a misdemeanor of the first degree or |
23 | higher. |
24 | Section 4101 (relating to forgery). |
25 | Section 4104 (relating to tampering with records or |
26 | identification). |
27 | Section 4113 (relating to misapplication of entrusted |
28 | property and property of government or financial institutions) |
29 | when the criminal culpability reaches the level of misdemeanor |
30 | of the second degree. |
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1 | Section 4701 (relating to bribery in official and political |
2 | matters). |
3 | Section 4702 (relating to threats and other improper |
4 | influence in official and political matters). |
5 | Section 4902 (relating to perjury). |
6 | Section 4903(a) (relating to false swearing). |
7 | Section 4904 (relating to unsworn falsification to |
8 | authorities). |
9 | Section 4906 (relating to false reports to law enforcement |
10 | authorities). |
11 | Section 4909 (relating to witness or informant taking bribe). |
12 | Section 4910 (relating to tampering with or fabricating |
13 | physical evidence). |
14 | Section 4911 (relating to tampering with public records or |
15 | information). |
16 | Section 4952 (relating to intimidation of witnesses or |
17 | victims). |
18 | Section 4953 (relating to retaliation against witness, victim |
19 | or party). |
20 | Section 5101 (relating to obstructing administration of law |
21 | or other governmental function). |
22 | Section 5123(a), (c) or (c.1) (relating to contraband). |
23 | Section 5301 (relating to official oppression). |
24 | Section 5302 (relating to speculating or wagering on official |
25 | action or information). |
26 | Article III of the act of March 4, 1971 (P.L.6, No.2), known |
27 | as the "Tax Reform Code of 1971." |
28 | In addition to the foregoing specific crimes, the term also |
29 | includes all criminal offenses as set forth in Federal law |
30 | substantially the same as the crimes enumerated herein. |
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1 | "Political subdivision." Any county, city, borough, |
2 | incorporated town, township, school district, vocational school |
3 | district, intermediate unit, municipal authority, home rule, |
4 | optional plan or optional charter municipality, and any |
5 | agencies, boards, commissions, committees, departments, |
6 | instrumentalities, or entities thereof designated to act in |
7 | behalf of a political subdivision either by statute or |
8 | appropriation. |
9 | "Public official" or "public employee." Any person who is |
10 | elected or appointed to any public office or employment |
11 | including justices, judges and justices of the peace and members |
12 | of the General Assembly or who is acting or who has acted in |
13 | behalf of the Commonwealth or a political subdivision or any |
14 | agency thereof including but not limited to any person who has |
15 | so acted and is otherwise entitled to or is receiving retirement |
16 | benefits whether that person is acting on a permanent or |
17 | temporary basis and whether or not compensated on a full or |
18 | part-time basis. This term shall not include independent |
19 | contractors nor their employees or agents under contract to the |
20 | Commonwealth or political subdivision nor shall it apply to any |
21 | person performing tasks over which the Commonwealth or political |
22 | subdivision has no legal right of control. However, this term |
23 | shall include all persons who are members of any retirement |
24 | system funded in whole or in part by the Commonwealth or any |
25 | political subdivision. For the purposes of this act such persons |
26 | are deemed to be engaged in public employment. |
27 | Section 2. Section 3 of the act is amended to read: | <-- |
28 | Section 3. Disqualification and forfeiture of benefits. |
29 | (a) Notwithstanding any other provision of law, no public |
30 | official or public employee nor any beneficiary designated by |
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1 | such public official or public employee shall be entitled to |
2 | receive any retirement or other benefit or payment of any kind |
3 | except a return of the contribution paid into any pension fund |
4 | without interest, if such public official or public employee is |
5 | convicted or pleads guilty or no defense to any crime related to |
6 | public office or public employment. |
7 | (b) The benefits shall be forfeited upon entry of a plea of |
8 | guilty or no defense or upon initial conviction and [no] shall |
9 | be calculated from the date of preliminary arraignment. No |
10 | payment or partial payment shall be made during the pendency of |
11 | an appeal. If a verdict of not guilty is rendered or the |
12 | indictment or criminal information finally dismissed, then the |
13 | public official or public employee shall be reinstated as a |
14 | member of the pension fund or system and shall be entitled to |
15 | all benefits including those accruing during the period of |
16 | forfeiture if any. Such conviction or plea shall be deemed to be |
17 | a breach of a public officer's or public employee's contract |
18 | with his employer. |
19 | (c) Each time a public officer or public employee is |
20 | elected, appointed, promoted, or otherwise changes a job |
21 | classification, there is a termination and renewal of the |
22 | contract for purposes of this act. |
23 | (d) The appropriate retirement board may retain a member's |
24 | contributions and interest thereon for the purpose of paying any |
25 | fine imposed upon the member of the fund, or for the repayment |
26 | of any funds misappropriated by such member from the |
27 | Commonwealth or any political subdivision. |
28 | (e) Notwithstanding any other provision of this act, the |
29 | State Employees' Retirement Board shall not disburse any funds |
30 | to any person who has forfeited their right to benefits until |
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1 | the Auditor General and the Attorney General have determined and |
2 | certified that there has been no loss to the Commonwealth as a |
3 | result of the conduct that resulted in forfeiture of benefits. |
4 | If there is a loss to the Commonwealth, the board shall pay the |
5 | amount of the loss to the State Treasurer from the member's |
6 | contributions and the interest thereon. |
7 | Section 2 3. The amendment of section 2 of the act shall | <-- |
8 | apply to crimes related to public office or public employment |
9 | committed on and after the effective date of this section. |
10 | Section 3 4. This act shall take effect in 60 days. | <-- |
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