HOUSE AMENDED
PRIOR PRINTER'S NO. 58
PRINTER'S NO. 398
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, WHITE AND BAKER, JANUARY 23, 2019
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 12, 2019
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 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,
No.140), known as the Public Employee Pension Forfeiture Act,
are amended and the section is amended by adding definitions A
DEFINITION 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. § 8102 (relating to definitions) against a student.
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
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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 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 5301 (relating to official oppression).
Section 5302 (relating to speculating or wagering on official
action or information).
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Article III of the act of March 4, 1971 (P.L.6, No.2), known
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
defraud United States) and 1341 (relating to frauds and
swindles).
* * *
"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
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the purposes of this act such persons are deemed to be engaged
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
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 NOLO
CONTENDERE 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 forfeited retroactive to the
date of the public official's or public employee's plea of
guilty or no contest NOLO CONTENDERE or upon initial entry of a
jury verdict OF GUILTY 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
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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.
* * *
(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.
* * *
(f) The Administrative Office of Pennsylvania Courts shall
provide the State Employees' Retirement System and the Public
School Employees' Retirement System the information necessary to
fulfill the duties under subsection (b).
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 NOLO CONTENDERE 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 OF GUILTY or judicial order of guilty
against the public official or public 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
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and full restitution to the Commonwealth or political
subdivision of any monetary loss incurred as a result of the
criminal offense.
* * *
(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
not ordered and the amount, if applicable. 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. Section 7 of the act is repealed:
[Section 7. Retroactively.
The provisions of this act shall be retroactive to December
1, 1972.]
Section 5. The following provisions apply to crimes related
to public office or public employment committed on or after the
effective date of this section:
(1) The amendment or addition of the definitions of
"benefits administrator," "crimes related to public office or
public employment," and "public official" or "public
employee" in section 2 of the act.
(2) The amendment of section 3(a), (b) and (d) of the
act.
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(3) The amendment of section 4(a) and (d) of the act.
(4) The repeal of section 7 of the act.
Section 6. This act shall take effect as follows:
(1) The addition of section 3(f) of the act shall take
effect in 60 days.
(2) The remainder of this act shall take effect
immediately.
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