PRINTER'S NO. 554
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
526
Session of
2017
INTRODUCED BY BOBACK, DEAN, NEILSON, WARD, BARRAR, SACCONE,
RYAN, PHILLIPS-HILL, TOEPEL, ROZZI, MULLERY, DEASY, WATSON,
ROTHMAN, B. MILLER, GILLEN, SOLOMON, IRVIN, PETRI, FRITZ,
CUTLER, CORBIN, JAMES, DUSH, STAATS, COX, TALLMAN, SIMMONS,
DELOZIER AND EVERETT, FEBRUARY 17, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 17, 2017
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 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,
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
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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. ยง 8102 (relating to definitions)]
against a student.]
Any of the criminal offenses involving sexual servitude
set forth in Subchapter B of Chapter 30 (relating to
prosecution of human trafficking), any of the criminal
offenses set forth in Subchapter B of Chapter 31 (relating to
definition of offenses), except for sections 3129 (relating
to sexual intercourse with animal) and 3130 (relating to
conduct relating to sex offenders), and sections 4302(b)
(relating to incest), 5902(b.1) (relating to prostitution and
related offenses), 5903(a)(3)(ii), (4)(ii), (5)(ii) or (6)
(relating to obscene and other sexual materials and
performances), 6301(a)(1)(ii) (relating to corruption of
minors), 6312 (relating to sexual abuse of children), 6318
(relating to unlawful contact with minor) and 6320 (relating
to sexual exploitation of children), when the criminal
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offense is committed by a school employee against a student.
Any of the criminal offenses involving sexual servitude
set forth in Subchapter B of Chapter 30 and any of the
criminal offenses set forth in Subchapter B of Chapter 31 if
the victim is under 18 years of age, except for sections 3129
and 3130.
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
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 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).
Section 5301 (relating to official oppression).
Section 5302 (relating to speculating or wagering on
official action or information).
Section 5902(b.1).
Section 5903(a)(3)(ii), (4)(ii), (5)(ii) or (6).
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Section 6301(a)(1)(ii) (relating to corruption of
minors).
Section 6312.
Section 6318.
Section 6320.
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
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.
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"School employee." As defined in 24 Pa.C.S. ยง 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. Sections 3 and 4 of the act are 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
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
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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] 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
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 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
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[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 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
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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 3. The addition of the definition of "school
employee" in section 2 of the act is intended to clarify the
scope of the act as amended by the act of July 15, 2004
(P.L.733, No.86).
Section 4. Except for the addition of the definition of
"school employee" in 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 5. This act shall take effect immediately.
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