Senate Bill 0322
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DIGEST OF SB 322 (Updated January 26, 2006 12:47 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, gaming agent, and conservation enforcement officers' retirement plan, the public employees' retirement fund, and the state police benefit system. Requires the respective boards that administer each of these funds to consider investigating a possible forfeiture whenever a fund member is convicted of a felony arising out of the fund member's service as a public officer or employee and involving an act of fraud, deceit, or abuse of the public trust resulting in a financial loss to the public or an unlawful benefit to an individual in the conduct of state business, bribery, official misconduct, or certain other offenses. Requires a board to wait until the entry of judgment 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 a board, based on clear and convincing evidence, to forfeit a pension benefit. Requires a board to: (1) issue a written determination; and (2) reduce the amount of a proposed forfeiture by the amount of any restitution made. Allows a fund member to request that the respective board reconsider a 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: (1) the fund member is notified of the forfeiture hearing; or (2) the fund member elects to have the records made public. Provides that a final determination of a board is available for inspection and copying.
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