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Senate Bill 0423


Senate Bill 0423

ARCHIVE (2005)

Latest Information

 

DIGEST OF SB 423 (Updated February 28, 2005 5:57 pm - DI 102)


Forfeiture of public pensions for misconduct. Provides in certain circumstances for the forfeiture of all or a portion of a pension benefit from the state excise police and conservation enforcement officers' retirement fund, the public employees' retirement fund, and the state police benefit system. Allows a pension fund administrator (administrator) investigate a possible forfeiture whenever a fund member is convicted of a felony involving an act of fraud, deceit, or abuse of the public trust that has resulted in a financial loss to the state or in an unlawful benefit to an individual in the conduct of state business, bribery, official misconduct, conflict of interest, computer tampering, identity deception, ghost employment, an attempt or conspiracy to commit any of these offenses, or a crime in any other jurisdiction that is substantially similar to any of these offenses. If the administrator decides by a majority vote to conduct further proceedings, requires the administrator to wait until the entry of judgement of conviction before holding a public hearing to determine whether forfeiture is appropriate. Establishes due process requirements for a forfeiture hearing. Requires a majority vote by the administrator, based on clear and convincing evidence, to forfeit a pension benefit. Requires the administrator to issue a written determination, including findings of fact. Requires the administrator to make a special finding if the administrator determines that forfeiture of an amount that exceeds the amount of the state's financial loss plus the reasonable costs of investigation is appropriate. Requires the administrator to reduce the amount of a proposed forfeiture by the amount of any restitution made. Allows a fund member to request that the administrator reconsider the administrator's forfeiture determination. Provides for a new hearing if a fund member's conviction is reversed, vacated, or set aside. Provides for the return of a fund member's contributions with interest when the pension benefit is forfeited. Provides that the administrator's evidence concerning forfeiture is confidential until the earlier of: (1) the time the fund member is notified of the forfeiture hearing; or (2) the time the fund member elects to have the records made public. Provides that the administrator's final determination is available for inspection and copying.
    Current Status:
     Failed first House
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