NJ S961

Bill

Requires public officer or employee forfeit pension upon conviction of certain crimes; alters factors determining honorable service; opens pension to garnishment upon conviction of certain offenses.

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 would change the factors to be considered by the boards of State or locally administered retirement systems hearing pension forfeiture cases concerning public employees. It would emphasize the nature of the misconduct, the relationship between the misconduct and the person's public duties, and the person's moral turpitude, and require the board to direct the person's entire pension be forfeited based on these factors. Additional factors may only be used subsequently to mitigate this full forfeiture to a partial forfeiture. Where a forfeiture is warranted, this bill requires that the person receive a refund of their contributions, but allows for the board to determine whether that refund is with or without any accrued interest. This bill would require the forfeiture of the pension or retirement benefit of a person if the person is convicted of any crime of the first or second degree, or the equivalent under the laws of another state or of the United States, when the offense is related to the person's performance in or circumstances flowing from the public office or employment held by the person. This bill also specifies that pension forfeiture applies in cases that result in qualifying guilty or nolo contendere pleas, in addition to convictions. This bill would also open a person's public pension to garnishment in order to fulfill court ordered restitution of public funds when a person has been convicted of, or plead guilty or nolo contendere to, certain offenses.

AI Summary

This bill would make several changes to the factors considered by retirement system boards when determining pension forfeiture for public employees convicted of certain crimes related to their public service. It would require full forfeiture of a pension based on the nature of the misconduct, its relationship to the public duties, and the degree of moral turpitude, while allowing the board to subsequently mitigate the forfeiture in certain circumstances. The bill would also require pension forfeiture for convictions or pleas of guilty or no contest to any first or second-degree crime related to the person's public position. Additionally, it would allow the public employer to garnish a person's pension to fulfill court-ordered restitution for certain offenses involving theft or misuse of public funds.

Committee Categories

Government Affairs

Sponsors (2)

Kristin Corrado (R)*, Paul Moriarty (D)*,

Last Action

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

Official Document

https://www.njleg.state.nj.us/bill-search/2024/S961

(4 Companion Bills)

Version:

Document Type	Source Location	Created
State Bill Page	https://www.njleg.state.nj.us/bill-search/2024/S961	01/09/2024
BillText	https://pub.njleg.gov/Bills/2024/S1000/961_I1.HTM	01/09/2024

Bill	Bill Name	Last Action	Type
A3947	Requires public officer or employee forfeit pension upon conviction of certain crimes; alters factors determining honorable service; opens pension to garnishment upon conviction of certain offenses.	Introduced, Referred to Assembly State and Local Government Committee	Same As
A4641	Requires public officer or employee to forfeit pension upon conviction of certain crimes; alters factors determining honorable service; opens pension to garnishment upon conviction of certain offenses.	Received in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee	Carry Over
S3188	Requires public officer or employee forfeit pension upon conviction of certain crimes; alters factors determining honorable service; opens pension to garnishment upon conviction of certain offenses.	Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee	Carry Over
S3188	Requires public officer or employee forfeit pension upon conviction of certain crimes; alters factors determining honorable service; opens pension to garnishment upon conviction of certain offenses.	Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee	Reintroduced

Bill > S961

summary

Introduced Session

Bill Summary

AI Summary

Committee Categories

Sponsors (2)

Last Action

Official Document

bill text

bill summary

bill summary

bill summary