Bill > S2074

This bill proposes significant changes to the pension forfeiture law in Massachusetts. The key provisions are: 1. Limits pension forfeiture to only felony convictions, removing the ability to forfeit pensions for misdemeanor convictions. 2. Establishes a tiered system of partial pension forfeiture, allowing retirement boards to reduce a pension by one-third, two-thirds, or down to a minimum amount, rather than an all-or-nothing full forfeiture. Factors to be considered include the severity of the crime, financial loss, and degree of public trust violated. 3. Provides appeal rights to the Superior Court for members whose pensions are forfeited, rather than through the administrative appeal process. 4. Prohibits reinstating members who had their pensions partially forfeited back into the retirement system. 5. Allows restitution to be made from the member's accumulated retirement contributions. The bill aims to address the issues raised in the Bettencourt court decision that found Massachusetts' all-or-nothing pension forfeiture law violated the Eighth Amendment's prohibition on excessive fines. The proposed changes create more flexibility and discretion in the forfeiture process.

https://malegislature.gov/Bills/190/S2074