Bill > A4586

Introduced Session

This bill repeals the current law that requires a court to order a pension forfeiture when a person who holds any public office or employment with the State or a political subdivision of the State is convicted of any of 23 listed crimes or of a substantially similar crime under the laws of another state or the United States. The law requires forfeiture of all of the pension earned as a member of any State or locally-administered pension fund or retirement system in which the person participated at the time of the commission of the crime and which covered the office or employment involved in the crime. The law requires the crime to have been directly related to the person's performance in, or circumstances flowing from, the specific public office or employment held by the person. Full or partial pension forfeiture will remain an option for the board of trustees of any State or locally-administered pension fund or retirement system created under the laws of this State. Currently, a board is authorized to order the forfeiture of all or part of the earned service credit or pension or retirement benefit of any member of the fund or system for misconduct occurring during the member's public service which renders the member's service or part thereof dishonorable. In evaluating a member's misconduct to determine whether it constitutes a breach of the condition that public service be honorable and whether forfeiture or partial forfeiture of earned service credit or earned pension or retirement benefits is appropriate, the board of trustees is to consider and balance the following factors in view of the goals to be achieved under the pension laws: (1) the member's length of service; (2) the basis for retirement; (3) the extent to which the member's pension has vested; (4) the duties of the particular member; (5) the member's public employment history and record covered under the retirement system; (6) any other public employment or service; (7) the nature of the misconduct or crime, including the gravity or substantiality of the offense, whether it was a single or multiple offense and whether it was continuing or isolated; (8) the relationship between the misconduct and the member's public duties; (9) the quality of moral turpitude or the degree of guilt or culpability, including the member's motives and reasons, personal gain and similar considerations; (10) the availability and adequacy of other penal sanctions; and (11) other personal circumstances relating to the member which bear upon the justness of forfeiture. This bill amends this current law to require a board of trustees to consider also the duration of the crime or misconduct in relation to the member's length of service.

AI Summary

Committee Categories

Angelica Jimenez (D)*,  Pedro Mejia (D)*, 

Introduced, Referred to Assembly State and Local Government Committee (on 08/25/2020)