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Bill > S960


NJ S960

NJ S960
Makes public officers or employees convicted of certain crimes or found at fault in certain civil actions liable and subject to pension garnishment for public legal expenses and illegally obtained funds.


summary

Introduced
01/31/2022
In Committee
01/31/2022
Crossed Over
Passed
Dead
01/08/2024

Introduced Session

2022-2023 Regular Session

Bill Summary

This bill provides that any person who serves or has served as a public officer or employee under the government of this State, or any political subdivision thereof, who is convicted of a crime that involves or touches that office or employment will be liable to the Attorney General, county prosecutor, or United States Attorney, as appropriate, for the cost of prosecution and, if that person receives legal representation at public expense, will be liable to the public entity that paid for the representation for the cost thereof, except representation by the Office of the Public Defender pursuant to N.J.S.A.2A:158A-1 et seq. unless the cost of services is recoverable under that act. It also provides that any such person who is determined by a court of competent jurisdiction to have been at fault in any civil matter that involves or touches that office or employment and who has received legal representation in connection with that matter at public expense, will be liable for the cost of that representation. The bill provides that the retirement benefit or pension contributions, as appropriate, of any person liable to a public entity for legal expenses or for a money judgment obtained by the State or other public employer and rendered against that person if convicted of an offense under the provisions of chapter 27 of Title 2C of the New Jersey Statutes, or any other offense involving a theft or misuse of public funds, or any attempt or conspiracy to commit any such offense, will be subject to garnishment, attachment or other process in order to satisfy the liability. In addition, the bill requires that on its effective date, the Division of Pensions and Benefits in the Department of the Treasury seek a determination letter from the Internal Revenue Service confirming the status of the State-administered retirement systems and funds, under its provisions, as qualified plans under federal law. If the determination letter states that the bill changes the status of the State-administered retirement systems and funds so that they are no longer qualified plans under federal law, subsection b. of section 1 of the bill will be void and will expire immediately.

AI Summary

This bill provides that any public officer or employee who is convicted of a crime related to their office or employment will be liable for the cost of their prosecution and any public legal representation they received, except for representation by the Office of the Public Defender. The bill also allows the retirement benefits or pension contributions of such individuals to be garnished to satisfy any liability owed to the public entity. The bill requires the Division of Pensions and Benefits to seek confirmation from the Internal Revenue Service that these provisions do not jeopardize the qualified status of the state-administered retirement systems and funds under federal law.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee (on 01/31/2022)

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