PRINTER'S NO. 58

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

113

Session of

2019

INTRODUCED BY DiSANTO, BROWNE, MENSCH, ALLOWAY, AUMENT, FOLMER,

LANGERHOLC, MARTIN, PHILLIPS-HILL, REGAN, STEFANO, VOGEL,

J. WARD AND WHITE, JANUARY 23, 2019

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 for monetary loss;

and repealing a retroactivity provision.

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,

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

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

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 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).]

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

as the "Tax Reform Code of 1971."

Any criminal offense under the laws of this Commonwealth

classified as a felony or punishable by a term of imprisonment

exceeding five years.

In addition to the foregoing specific crimes, the term also

includes all criminal offenses as set forth in Federal law and

the laws of another state substantially the same as the crimes

enumerated herein. The term also includes felony offenses under

18 U.S.C. §§ 371 (relating to conspiracy to commit offense or to

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

in public employment.

Section 2. Section 3(a), (b) and (d) of the act are amended

and the section is amended by adding a subsection 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

or partial payment shall be made during the pendency of an

appeal. If] The benefits shall be forfeited retroactive to the

date of the public official's or public employee's 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

plea, verdict or order shall be deemed to be a breach of a

public officer's or public employee's contract with his

employer.

* * *

(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

Section 3. Section 4(a) and (d) of the act are amended to

read:

Section 4. Restitution for monetary loss.

(a) Whenever 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] enters a plea

of guilty or no contest in any court of record to any crime

related to a public office or public employment and which plea

is accepted by the court or whenever there is initial entry of a

jury verdict or judicial order of guilty against the public

* * *

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

or employer of the defendant] Until restitution is determined by

a court, the appropriate benefits administrator shall not make

payment of any refund of contributions applied for after the

date of such finding or entry to the public official or public

employee until the court notifies the appropriate benefits

administrator that no restitution is due. The court shall notify

the appropriate benefits administrator if restitution is or is

[Section 7. Retroactively.

The provisions of this act shall be retroactive to December

1, 1972.]

to public office or public employment committed on or after the

effective date of this section:

"benefits administrator," "crimes related to public office or

public employment," and "public official" or "public

employee" in section 2 of the act.

act.

Section 6. This act shall take effect as follows:

effect in 60 days.

immediately.