Regular Session 2015-2016 House Bill 0787 P.N. 1188

PRIOR PRINTER'S NO. 933

PRINTER'S NO. 1188

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

787

Session of

2015

INTRODUCED BY BOBACK, DIAMOND, HELM, WATSON, TOEPEL, PETRI,

HAHN, SIMMONS, GOODMAN, TALLMAN, KAVULICH, ROZZI, MURT,

BENNINGHOFF, BARRAR, MOUL, TOOHIL AND JOZWIAK, MARCH 13, 2015

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, APRIL 14, 2015

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 providing for definitions, for disqualification and

forfeiture of benefits 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

read:

SECTION 1. THE DEFINITIONS OF "CRIMES RELATED TO PUBLIC

OFFICE OR PUBLIC EMPLOYMENT" AND "PUBLIC OFFICIAL" OR "PUBLIC

EMPLOYEE" IN SECTION 2 OF THE ACT OF JULY 8, 1978 (P.L.752,

NO.140), KNOWN AS THE PUBLIC EMPLOYEE PENSION FORFEITURE ACT,

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AMENDED JULY 15, 2004 (P.L.733, NO.86), ARE AMENDED AND THE

SECTION IS AMENDED BY ADDING DEFINITIONS 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:

"BENEFITS ADMINISTRATOR." A RETIREMENT BOARD, PENSION FUND

ADMINISTRATOR OR EMPLOYER THAT MANAGES, CONTROLS OR MAINTAINS A

PENSION SYSTEM FOR PUBLIC OFFICIALS OR PUBLIC EMPLOYEES.

"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 2713 (relating to neglect of care-dependent

person).

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

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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

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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).

Section 5301 (relating to official oppression).

Section 5302 (relating to speculating or wagering on

official action or information).

Section 6301(a)(1) (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.

* * *

"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]

MAGISTERIAL DISTRICT JUDGES 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

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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.

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

to definitions).

"Student." An individual who is:

(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. 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

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] FOUND GUILTY OF A CRIME RELATED TO PUBLIC OFFICE OR

PUBLIC EMPLOYMENT 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

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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 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.

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] BENEFITS

ADMINISTRATOR may retain a member's contributions and interest

thereon for the purpose of paying any fine imposed upon the

member of the fund BY A COURT OF COMPETENT JURISDICTION, 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 3. 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 PUBLIC 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.

the pension account or benefits of any public official or public

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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 THE FINDING OF GUILTY OF A

PUBLIC OFFICIAL OR PUBLIC EMPLOYEE, OR UPON THE ENTRY OF A PLEA

OF GUILTY OR NO CONTEST IN ANY COURT OF RECORD BY A PUBLIC

OFFICIAL OR PUBLIC EMPLOYEE, THE COURT SHALL NOTIFY THE

APPROPRIATE BENEFITS ADMINISTRATOR OF SUCH FINDING OR ENTRANCE

OF PLEA. THE APPROPRIATE BENEFITS ADMINISTRATOR, 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 4. 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

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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 5. Except for 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 and the addition

of the definitions of "school employee" and "student" to section

2 of the act, the amendment of sections 2, 3 and 4 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 6. 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 4 of this act.

(iv) This section.

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

days IMMEDIATELY.

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