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Pennsylvania House of Representatives
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House of Representatives
Session of 2013 - 2014 Regular Session


Posted: February 26, 2013 04:17 PM
From: Representative Phyllis Mundy
To: All House members
Subject: Introduction of Legislation: Amending the Public Employee Pension Forfeiture Act to provide for “theft by unlawful taking”
I will soon introduce legislation that amends the Public Employee Pension Forfeiture Act (Act 140 of 1978) to add “theft by unlawful taking” to the list of criminal offenses enumerated in the Act.

It is my understanding that a loophole exists whereby public employees or public officials convicted of theft as related to their public position may not be required to forfeit their pension because they were charged with or pled down to a charge of “theft by unlawful taking” which is not included in the list of criminal offenses in the Public Employee Pension Forfeiture Act.

I find it unacceptable that any person who violates the taxpayers’ trust by stealing from the public coffers is permitted to retain his or her pension. My legislation would include the criminal offense of “theft by unlawful taking” to ensure that public employees and officials found guilty of this type of theft, as related to their public employment, do not escape the forfeiture law.

Simply put, if you are a public employee or public official and violate the taxpayers’ trust and disgrace the position entrusted to you, you should not be allowed to retain the taxpayer-funded portion of your pension.

Introduced as HB1132