1Amending the act of July 8, 1978 (P.L.752, No.140), entitled "An
2act providing for the forfeiture of the pensions of certain
3public employees and authorizing the State or political
4subdivision to garnish the pension benefits of certain public
5officers and employees upon conviction of certain criminal
6activity related to their office or position of employment,"
7further providing for definitions, for disqualification and
8forfeiture of benefits and for restitution.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. The definition of "crimes related to public
12office or public employment" in section 2 of the act of July 8,
131978 (P.L.752, No.140), known as the Public Employee Pension
14Forfeiture Act, amended July 15, 2004 (P.L.733, No.86), is
15amended and the section is amended by adding definitions to
16read:

17Section 2. Definitions.

18The following words and phrases when used in this act shall
19have, unless the context clearly indicates otherwise, the
20meanings given to them in this section:

1"Crimes related to public office or public employment." Any
2of the criminal offenses as set forth in the following
3provisions of Title 18 (Crimes and Offenses) of the Pennsylvania
4Consolidated Statutes or other enumerated statute when committed
5by a public official or public employee through his public
6office or position or when his public employment places him in a
7position to commit the crime:

8Any of the criminal offenses set forth in Subchapter B of
9Chapter 31 (relating to definition of offenses) when the
10criminal offense is committed by a school employee [as defined
11in 24 Pa.C.S. § 8102 (relating to definitions)] against a
12student.

13Section 2713 (relating to neglect of care-dependent person).

14Section 3124.2 (relating to institutional sexual assault).

15Section 3922 (relating to theft by deception) when the
16criminal culpability reaches the level of a misdemeanor of the
17first degree or higher.

18Section 3923 (relating to theft by extortion) when the
19criminal culpability reaches the level of a misdemeanor of the
20first degree or higher.

21Section 3926 (relating to theft of services) when the
22criminal culpability reaches the level of a misdemeanor of the
23first degree or higher.

24Section 3927 (relating to theft by failure to make required
25disposition of funds received) when the criminal culpability
26reaches the level of a misdemeanor of the first degree or
27higher.

28Section 4101 (relating to forgery).

29Section 4104 (relating to tampering with records or
30identification).

1Section 4113 (relating to misapplication of entrusted
2property and property of government or financial institutions)
3when the criminal culpability reaches the level of misdemeanor
4of the second degree.

5Section 4304 (relating to endangering welfare of children).

6Section 4701 (relating to bribery in official and political
7matters).

8Section 4702 (relating to threats and other improper
9influence in official and political matters).

10Section 4902 (relating to perjury).

11Section 4903(a) (relating to false swearing).

12Section 4904 (relating to unsworn falsification to
13authorities).

14Section 4906 (relating to false reports to law enforcement
15authorities).

16Section 4909 (relating to witness or informant taking bribe).

17Section 4910 (relating to tampering with or fabricating
18physical evidence).

19Section 4911 (relating to tampering with public records or
20information).

21Section 4952 (relating to intimidation of witnesses or
22victims).

23Section 4953 (relating to retaliation against witness, victim
24or party).

25Section 5101 (relating to obstructing administration of law
26or other governmental function).

27Section 5123 (relating to contraband).

28Section 5301 (relating to official oppression).

29Section 5302 (relating to speculating or wagering on official
30action or information).

1Section 6301 (relating to corruption of minors).

2Article III of the act of March 4, 1971 (P.L.6, No.2), known
3as the "Tax Reform Code of 1971."

4In addition to the foregoing specific crimes, the term also
5includes all criminal offenses as set forth in Federal law
6substantially the same as the crimes enumerated herein.

7* * *

8"School employee." As defined in 24 Pa.C.S. § 8102 (relating
9to definitions).

10"Student." An individual under 18 years of age who is:

11(1) instructed by a school employee;

12(2) supervised by a school employee;

13(3) counseled by a school employee; or

14(4) mentored by a school employee.

15Section 2. Section 3 of the act is amended to read:

16Section 3. Disqualification and forfeiture of benefits.

17(a) Notwithstanding any other provision of law, no public
18official or public employee nor any beneficiary designated by
19such public official or public employee shall be entitled to
20receive any retirement or other benefit or payment of any kind
21except a return of the contribution paid into any pension fund
22without interest, if such public official or public employee is
23convicted or pleads guilty or no [defense] contest to any crime
24related to public office or public employment.

25(b) [The benefits shall be forfeited upon entry of a plea of
26guilty or no defense or upon initial conviction and no payment
27or partial payment shall be made during the pendency of an
28appeal. If] The benefits shall be immediately forfeited upon the 
29public official's or public employee's entry of a plea of guilty 
30or no contest or upon initial entry of a jury verdict or
 

1judicial order of guilty, with respect to any crimes related to 
2public office or public employment. The forfeiture shall not be 
3stayed or affected by the withdrawal of, or the court's refusal 
4to accept, the plea or by the pendency of an appeal or 
5collateral attack on the plea, verdict or order, regardless of 
6whether a court has entered or stayed the sentence pending the 
7appeal or collateral attack. If a plea, verdict or order is 
8vacated and a verdict of not guilty is rendered or the
9indictment or criminal information finally dismissed, then the
10public official or public employee shall be reinstated as a
11member of the pension fund or system and shall be entitled to
12all benefits including those accruing during the period of
13forfeiture if any. Such [conviction or] plea, verdict or order
14shall be deemed to be a breach of a public officer's or public
15employee's contract with his employer.

16(c) Each time a public officer or public employee is
17elected, appointed, promoted, or otherwise changes a job
18classification, there is a termination and renewal of the
19contract for purposes of this act.

20(d) The appropriate retirement board may retain a member's
21contributions and interest thereon for the purpose of paying any
22fine imposed upon the member of the fund, or for the repayment
23of any funds misappropriated by such member from the
24Commonwealth or any political subdivision.

25(e) Notwithstanding any other provision of this act, the
26State Employees' Retirement Board shall not disburse any funds
27to any person who has forfeited their right to benefits until
28the Auditor General and the Attorney General have determined and
29certified that there has been no loss to the Commonwealth as a
30result of the conduct that resulted in forfeiture of benefits.

1If there is a loss to the Commonwealth, the board shall pay the
2amount of the loss to the State Treasurer from the member's
3contributions and the interest thereon.

4Section 3. Section 4 of the act, repealed in part October 5,
51980 (P.L.693, No.142), is amended to read:

6Section 4. Restitution for monetary loss.

7(a) [Whenever] For any public official or employee who is a
8member of any pension system funded by public moneys [is
9convicted or pleads guilty or pleads no defense], whenever the 
10public official or employee enters a plea of guilty or no 
11contest, in any court of record, to any crime related to a 
12public office or public employment or whenever there is initial 
13entry of a jury verdict or judicial order of guilty against the 
14public official or employee, in any court of record, to any
15crime related to a public office or public employment, the court
16shall order the defendant to make complete and full restitution
17to the Commonwealth or political subdivision of any monetary
18loss incurred as a result of the criminal offense.

19(b) If the court fails to order such restitution the
20Commonwealth, through the Attorney General, or a political
21subdivision shall petition the court pronouncing sentence for an
22order establishing the amount of restitution due it. If the
23court does not have authority to order restitution, the
24Commonwealth or the political subdivision shall bring an
25original action for restitution.

26(c) Notwithstanding any law or provision of law exempting
27the pension account or benefits of any public official or public
28employee from garnishment or attachment, whenever the court
29shall order restitution or establish the amount of restitution
30due after petition, all sums then credited to the defendant's

1account or payable to the defendant including the contributions
2shall be available to satisfy such restitution order.

3(d) The retirement board, administrator of the pension fund
4or employer of the defendant, upon being served with a copy of
5the court's order, shall pay over all such pension benefits,
6contributions or other benefits to the extent necessary to
7satisfy the order of restitution.

8Section 4. The General Assembly finds and declares as
9follows:

10(1) This section applies to the following provisions:

11(i) The editorial change in the second paragraph of
12the definition of "crimes related to public office or
13public employment" in section 2 of the act.

14(ii) The addition of the definitions of "school
15employee" and "student" in section 2 of the act.

16(2) The provisions referred to in paragraph (1) are 
17intended to clarify the scope of the act as amended by the 
18act of July 15, 2004 (P.L.733, No.86), entitled "An act 
19amending the act of July 8, 1978 (P.L.752, No.140), entitled 
20'An act providing for the forfeiture of the pensions of 
21certain public employees and authorizing the State or 
22political subdivision to garnish the pension benefits of 
23certain public officers and employees upon conviction of 
24certain criminal activity related to their office or position 
25of employment,' further defining 'crimes related to public 
26office or public employment' to include certain sexual 
27offenses committed by school employees against students."

28Section 5. Except for the editorial change in the second
29paragraph of the definition of "crimes related to public office
30or public employment" in section 2 of the act and the addition

1of the definitions of "school employee" and "student" to section
22 of the act, the amendment of sections 2, 3 and 4 and of the
3act shall apply to crimes related to public office or public
4employment committed on and after the effective date of this
5section.

6Section 6. This act shall take effect as follows:

7(1) The following provisions shall take effect
8immediately:

9(i) The editorial change in the second paragraph of
10the definition of "crimes related to public office or
11public employment" in section 2 of the act.

12(ii) The addition of the definitions of "school
13employee" and "student" to section 2 of the act.

14(iii) Section 4 of this act.

15(iv) This section.

16(2) The remainder of this act shall take effect in 60
17days.