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Senate of Pennsylvania
Session of 2019 - 2020 Regular Session


Posted: August 14, 2020 12:23 PM
From: Senator David J. Arnold, Jr.
To: All Senate members
Subject: Public Employee Pension Forfeiture for Crimes Committed Unrelated to Employment
In the near future I will be introducing legislation that would prohibit a state employee from receiving their pension if they commit a ‘crime of moral turpitude’ during their state employment. Currently, certain crimes prohibit a state official or public employee from receiving a pension if the crime is committed through their public office or position, but what about when the crime is not committed in relation to their office or position?
Act 1 of 2019 (DiSanto) made great strides in closing loopholes related to the Public Employee Pension Forfeiture Act and holding those who commit felonies accountable, but more needs to be done.
That is why I propose that if a public employee or official is convicted of a ‘crime of moral turpitude’, regardless of if it had anything to do with their state employment, they will forfeit their pension.
A ‘crime of moral turpitude’ is defined as an offense under the following:
(1) 18 Pa.C.S. § 2501 (relating to criminal homicide).
(2) 18 Pa.C.S. § 2502 (relating to murder).
(3) 18 Pa.C.S. § 2503 (relating to voluntary manslaughter).
(4) 18 Pa.C.S. § 2506 (relating to drug delivery resulting in death).
(5) 18 Pa.C.S. § 2507 (relating to criminal homicide of law enforcement officer).
(6) 18 Pa.C.S. § 2603 (relating to criminal homicide of unborn child).
(7) 18 Pa.C.S. § 2604 (relating to murder of unborn child).
(8) 18 Pa.C.S. § 2605 (relating to voluntary manslaughter of unborn child).
(9) 18 Pa.C.S. § 2606  (relating to aggravated assault of unborn child).
(10) 18 Pa.C.S. § 2901 (relating to kidnapping).
(11) An offense listed under 18 Pa.C.S. Ch. 31, Subch. B (relating to definition of offenses related to sexual offenses).
(12) 18 Pa.C.S. § 6312 (relating to sexual abuse of children).
(13) 18 Pa.C.S. § 6319 (relating to solicitation of minors to traffic drugs).
Receiving a pension should be a privilege. If the character and conduct of the employee is so egregious that they are convicted of a ‘crime of moral turpitude’, they should be ineligible for that privilege. These are taxpayer dollars, after all.

Please join me in cosponsoring this legislation.

Introduced as SB1311