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Bill > S1898


NJ S1898

NJ S1898
Allows judgment for restitution of stolen public funds to be levied against convicted employee's retirement allowance or pension contributions.


summary

Introduced
01/09/2024
In Committee
01/09/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill allows a public employer to levy a judgment for restitution of illegally obtained funds against a convicted public employee's retirement allowance from any of the principal State-administered retirement systems or from the employee's pension contributions to any of these systems. Under current law, the right of a public employee to a pension, an annuity, or a retirement allowance or to the return of contributions from the Teachers' Pension and Annuity Fund, the Judicial Retirement System, the Public Employees' Retirement System, the Police and Firemen's Retirement System or the State Police Retirement System is exempt from levy and sale, garnishment, attachment or any other process arising out of any State or federal court. Under this bill, the State or other public employer will be entitled to an order of garnishment against the withdrawal of any contributions by, or the payment of a retirement allowance to, a retirement system member or beneficiary in the amount of a money judgment obtained by the employer and rendered against that member if convicted of an offense under the provisions of chapter 27 of Title 2C of the New Jersey Statutes (concerning bribery and corrupt influence), or any other offense involving a theft or misuse of public funds, or any attempt or conspiracy to commit any such offense. The judgment may include the cost of prosecution as well as the amount of restitution ordered.

AI Summary

This bill allows a public employer to recover stolen public funds from a convicted employee's retirement benefits, including their pension contributions and retirement allowance, from various state-administered retirement systems. Previously, these retirement funds were protected from legal actions like garnishment or attachment. However, under this bill, if a public employee is convicted of bribery, corruption, theft, or misuse of public funds, or attempts to commit such offenses, the state or public employer can obtain a court order to garnish their retirement funds to cover the amount of the judgment, which can include the cost of prosecution and restitution.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee (on 01/09/2024)

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