Bill

Bill > A2791


NJ A2791

NJ A2791
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
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 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 makes public officers or employees who are convicted of crimes related to their job or found at fault in civil matters connected to their employment liable for the costs of prosecution and any legal representation provided at public expense, with an exception for representation by the Office of the Public Defender unless those costs are recoverable. Furthermore, it allows for the garnishment, attachment, or other seizure of their retirement benefits or pension contributions to satisfy these liabilities, particularly if the conviction involves theft or misuse of public funds. The bill also mandates that the Division of Pensions and Benefits seek a determination from the Internal Revenue Service to ensure that these changes do not disqualify state-administered retirement systems and funds as qualified plans under federal law; if they are disqualified, the provision allowing for the garnishment of retirement benefits will immediately become void.

Committee Categories

Justice

Sponsors (2)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 01/13/2026)

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