Bill Text: PA HB1182 | 2009-2010 | Regular Session | Amended

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Bill Title: Further defining "crimes related to public office or public employment"; and further providing for disqualification and forfeiture of benefits.

Spectrum: Slight Partisan Bill (Democrat 15-8)

Status: (Engrossed - Dead) 2009-06-25 - Re-referred to APPROPRIATIONS [HB1182 Detail]

Download: Pennsylvania-2009-HB1182-Amended.html

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PRIOR PRINTER'S NO. 1411 PRINTER'S NO. 1830
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1182 Session of2009
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
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MAY 11, 2009
AN ACT
Amending the act of July 8, 1978 (P.L.752, No.140), entitled "An
act providing for the forfeiture of the pensions of certain
public employees and authorizing the State or political
subdivision to garnish the pension benefits of certain public
officers and employees upon conviction of certain criminal
activity related to their office or position of employment,"
further defining "crimes related to public office or public
employment." employment"; and further providing for <--
disqualification and forfeiture of benefits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of July 8, 1978 (P.L.752,
No.140), known as the Public Employee Pension Forfeiture Act,
amended July 15, 2004 (P.L.733, No.86), is amended to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
"Crimes related to public office or public employment." Any
of the criminal offenses as set forth in the following
provisions of Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes or other enumerated statute when committed
by a public official or public employee through his public
office or position or when his public employment places him in a
position to commit the crime:
Any of the criminal offenses set forth in Subchapter B of
Chapter 31 (relating to definition of offenses) when the
criminal offense is committed by a school employee as defined in
24 Pa.C.S. § 8102 (relating to definitions) against a student.
Section 3124.2 (relating to institutional sexual assault).
Section 3922 (relating to theft by deception) when the
criminal culpability reaches the level of a misdemeanor of the
first degree or higher.
Section 3923 (relating to theft by extortion) when the
criminal culpability reaches the level of a misdemeanor of the
first degree or higher.
Section 3926 (relating to theft of services) when the
criminal culpability reaches the level of a misdemeanor of the
first degree or higher.
Section 3927 (relating to theft by failure to make required
disposition of funds received) when the criminal culpability
reaches the level of a misdemeanor of the first degree or
higher.
Section 4101 (relating to forgery).
Section 4104 (relating to tampering with records or
identification).
Section 4113 (relating to misapplication of entrusted
property and property of government or financial institutions)
when the criminal culpability reaches the level of misdemeanor
of the second degree.
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Section 4701 (relating to bribery in official and political
matters).
Section 4702 (relating to threats and other improper
influence in official and political matters).
Section 4902 (relating to perjury).
Section 4903(a) (relating to false swearing).
Section 4904 (relating to unsworn falsification to
authorities).
Section 4906 (relating to false reports to law enforcement
authorities).
Section 4909 (relating to witness or informant taking bribe).
Section 4910 (relating to tampering with or fabricating
physical evidence).
Section 4911 (relating to tampering with public records or
information).
Section 4952 (relating to intimidation of witnesses or
victims).
Section 4953 (relating to retaliation against witness, victim
or party).
Section 5101 (relating to obstructing administration of law
or other governmental function).
Section 5123(a), (c) or (c.1) (relating to contraband).
Section 5301 (relating to official oppression).
Section 5302 (relating to speculating or wagering on official
action or information).
Article III of the act of March 4, 1971 (P.L.6, No.2), known
as the "Tax Reform Code of 1971."
In addition to the foregoing specific crimes, the term also
includes all criminal offenses as set forth in Federal law
substantially the same as the crimes enumerated herein.
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"Political subdivision." Any county, city, borough,
incorporated town, township, school district, vocational school
district, intermediate unit, municipal authority, home rule,
optional plan or optional charter municipality, and any
agencies, boards, commissions, committees, departments,
instrumentalities, or entities thereof designated to act in
behalf of a political subdivision either by statute or
appropriation.
"Public official" or "public employee." Any person who is
elected or appointed to any public office or employment
including justices, judges and justices of the peace and members
of the General Assembly or who is acting or who has acted in
behalf of the Commonwealth or a political subdivision or any
agency thereof including but not limited to any person who has
so acted and is otherwise entitled to or is receiving retirement
benefits whether that person is acting on a permanent or
temporary basis and whether or not compensated on a full or
part-time basis. This term shall not include independent
contractors nor their employees or agents under contract to the
Commonwealth or political subdivision nor shall it apply to any
person performing tasks over which the Commonwealth or political
subdivision has no legal right of control. However, this term
shall include all persons who are members of any retirement
system funded in whole or in part by the Commonwealth or any
political subdivision. For the purposes of this act such persons
are deemed to be engaged in public employment.
Section 2. Section 3 of the act is amended to read: <--
Section 3. Disqualification and forfeiture of benefits.
(a) Notwithstanding any other provision of law, no public
official or public employee nor any beneficiary designated by
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such public official or public employee shall be entitled to
receive any retirement or other benefit or payment of any kind
except a return of the contribution paid into any pension fund
without interest, if such public official or public employee is
convicted or pleads guilty or no defense to any crime related to
public office or public employment.
(b) The benefits shall be forfeited upon entry of a plea of
guilty or no defense or upon initial conviction and [no] shall
be calculated from the date of preliminary arraignment. No
payment or partial payment shall be made during the pendency of
an appeal. If a verdict of not guilty is rendered or the
indictment or criminal information finally dismissed, then the
public official or public employee shall be reinstated as a
member of the pension fund or system and shall be entitled to
all benefits including those accruing during the period of
forfeiture if any. Such conviction or plea shall be deemed to be
a breach of a public officer's or public employee's contract
with his employer.
(c) Each time a public officer or public employee is
elected, appointed, promoted, or otherwise changes a job
classification, there is a termination and renewal of the
contract for purposes of this act.
(d) The appropriate retirement board may retain a member's
contributions and interest thereon for the purpose of paying any
fine imposed upon the member of the fund, or for the repayment
of any funds misappropriated by such member from the
Commonwealth or any political subdivision.
(e) Notwithstanding any other provision of this act, the
State Employees' Retirement Board shall not disburse any funds
to any person who has forfeited their right to benefits until
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the Auditor General and the Attorney General have determined and
certified that there has been no loss to the Commonwealth as a
result of the conduct that resulted in forfeiture of benefits.
If there is a loss to the Commonwealth, the board shall pay the
amount of the loss to the State Treasurer from the member's
contributions and the interest thereon.
Section 2 3. The amendment of section 2 of the act shall <--
apply to crimes related to public office or public employment
committed on and after the effective date of this section.
Section 3 4. This act shall take effect in 60 days. <--
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