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Bill > A2340


NJ A2340

NJ A2340
Allows judgment for restitution of stolen public funds to be levied against convicted employee's retirement allowance or pension contributions.


summary

Introduced
02/01/2018
In Committee
02/01/2018
Crossed Over
Passed
Dead
01/08/2020

Introduced Session

2018-2019 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 levy a judgment for restitution of illegally obtained funds against a convicted public employee's retirement allowance or pension contributions from any of the principal State-administered retirement systems. Current law exempts a public employee's pension, annuity, or retirement allowance, as well as their contributions, from levy and sale, garnishment, attachment, or any other legal process. This bill creates an exception to this exemption, allowing the state or other public employer to garnish the employee's retirement funds if the employee is convicted of an offense involving theft or misuse of public funds under the New Jersey criminal code. The judgment can include the cost of prosecution as well as the amount of restitution ordered.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

Introduced, Referred to Assembly State and Local Government Committee (on 02/01/2018)

bill text


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