THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY VANCE, RAFFERTY, VOGEL, ALLOWAY, COSTA, GORDNER, SOLOBAY, WAUGH, BOSCOLA, FARNESE, M. WHITE, MENSCH AND BAKER, FEBRUARY 2, 2012

REFERRED TO FINANCE, FEBRUARY 2, 2012  

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.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2 of the act of July 8, 1978 (P.L.752,

No.140), known as the Public Employee Pension Forfeiture Act, is

amended by adding 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

meanings given to them in this section:

* * *

"Infamous crime."  As determined under section 7 of Article

II of the Constitution of Pennsylvania.

* * *

Section 2.  Sections 3(a) and 4(a) 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 or pleads guilty or no defense to any infamous crime

or crime related to public office or public employment.

* * *

Section 4.  Restitution for monetary loss.

(a)  Whenever any public official or employee who is a member

of any pension system funded by public moneys is convicted or

pleads guilty or pleads no defense in any court of record to any

infamous crime or 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.

* * *

Section 3.  This act shall take effect in 60 days.