SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BOBACK, TOOHIL, GABLER, LAWRENCE, SCAVELLO, WAGNER, WATSON, CUTLER, PEIFER, MAJOR, GOODMAN, MILNE, HARRIS, SWANGER, TRUITT, TALLMAN, CARROLL, MARSHALL, CREIGHTON, FARRY, ROCK AND RAPP, MAY 23, 2011

SENATOR MCILHINNEY, STATE GOVERNMENT, IN SENATE, AS AMENDED, OCTOBER 15, 2012   

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," 

clarifying the scope of the act; and further providing for 

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definitions, for disqualification and forfeiture of benefits

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and for restitution.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "crimes related to public

office or public employment" in 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 and the section is amended by adding definitions to

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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

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in 24 Pa.C.S. § 8102 (relating to definitions)] against a

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student.

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

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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.

Section 4304 (relating to endangering welfare of children).

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 (relating to contraband).

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Section 5301 (relating to official oppression).

Section 5302 (relating to speculating or wagering on official

action or information).

Section 6301 (relating to corruption of minors).

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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Section 1.1.  Section 3 of the act is amended to read:

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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

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] contest 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 payment

or partial payment shall be made during the pendency of an

appeal. If] The benefits shall be immediately forfeited upon the

public official's or public employee's entry of a plea of guilty

or no contest or upon initial entry of a jury verdict or

judicial order of guilty, with respect to any crimes related to

public office or public employment. The forfeiture shall not be

stayed or affected by the withdrawal of, or the court's refusal

to accept, the plea or by the pendency of an appeal or

collateral attack on the plea, verdict or order, regardless of

whether a court has entered or stayed the sentence pending the

appeal or collateral attack. If a plea, verdict or order is

vacated and 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, verdict or order 

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

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.  Section 4 of the act, repealed in part October 5,

1980 (P.L.693, No.142), is amended to read:

Section 4.  Restitution for monetary loss.

(a)  [Whenever] For any public official or employee who is a

member of any pension system funded by public moneys [is

convicted or pleads guilty or pleads no defense], whenever the

public official or employee enters a plea of guilty or no

contest, in any court of record, to any crime related to a

public office or public employment or whenever there is initial

entry of a jury verdict or judicial order of guilty against the

public official or employee, in any court of record, to any

crime related to a public office or public employment, the court

shall order the defendant to make complete and full restitution

to the Commonwealth or political subdivision of any monetary

loss incurred as a result of the criminal offense.

(b)  If the court fails to order such restitution the

Commonwealth, through the Attorney General, or a political

subdivision shall petition the court pronouncing sentence for an

order establishing the amount of restitution due it. If the

court does not have authority to order restitution, the

Commonwealth or the political subdivision shall bring an

original action for restitution.

(c)  Notwithstanding any law or provision of law exempting

the pension account or benefits of any public official or public

employee from garnishment or attachment, whenever the court

shall order restitution or establish the amount of restitution

due after petition, all sums then credited to the defendant's

account or payable to the defendant including the contributions

shall be available to satisfy such restitution order.

(d)  The retirement board, administrator of the pension fund

or employer of the defendant, upon being served with a copy of

the court's order, shall pay over all such pension benefits,

contributions or other benefits to the extent necessary to

satisfy the order of restitution. 

Section 3.  The amendment of sections 3 and 4 and 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 4.  This act shall take effect in 60 days.

"School employee."  As defined in 24 Pa.C.S. § 8102 (relating 

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to definitions).

"Student."  A minor who is being:

(1)  instructed by a school employee;

(2)  supervised by a school employee;

(3)  counseled by a school employee; or

(4)  mentored by a school employee.

Section 2.  The General Assembly finds and declares as

follows:

(1)  This section applies to the following provisions:

(i)  The editorial change in the second paragraph of

the definition of "crimes related to public office or

public employment" in section 2 of the act.

(ii)  The addition of the definitions of "school

employee" and "student" in section 2 of the act.

(2)  The provisions referred to in paragraph (1) are

intended to clarify the scope of the act as amended by the

act of July 15, 2004 (P.L.733, No.86), entitled "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' to include certain sexual

offenses committed by school employees against students."

Section 3.  This act shall take effect as follows:

(1)  The following provisions shall take effect

immediately:

(i)  The editorial change in the second paragraph of

the definition of "crimes related to public office or

public employment" in section 2 of the act.

(ii)  The addition of the definitions of "school

employee" and "student" to section 2 of the act.

(iii)  Section 2 of this act.

(iv)  This section.

(2)  The remainder of this act shall take effect in 60

days.