Bill Text: CA SB115 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Public employees: pensions: forfeiture.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB115 Detail]

Download: California-2011-SB115-Introduced.html

---

BILL NUMBER: SB 115	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Strickland

                        JANUARY 19, 2011

   An act to add Section 1244 to the Government Code, relating to
public employees.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 115, as introduced, Strickland. Public employees: pensions:
forfeiture.
   Existing law provides that any elected public officer who takes
public office, or is reelected to public office, on or after January
1, 2006, who is convicted of any specified felony arising directly
out of his or her official duties, forfeits all rights and benefits
under, and membership in, any public retirement system in which he or
she is a member, effective on the date of final conviction, as
specified.
   This bill would additionally require a public officer or employee
who is convicted of any felony for conduct arising directly out of
his or her official duties on or after January 1, 2012, to forfeit
all rights and benefits under, and membership in, any public
retirement system in which he or she is a member, effective on the
date of final conviction. That public officer or employee would
forfeit only that portion of his or her rights and benefits that
accrued on or after January 1, 2012. The bill would require any
contributions made by that public officer or public employee to the
public retirement system that arose directly from or accrued solely
as a result of his or her forfeited service would be returned to the
public officer or public employee without interest.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1244 is added to the Government Code, to read:
   1244.  (a) If a public officer or public employee is convicted of
any felony for conduct arising directly out of his or her official
duties on or after January 1, 2012, he or she shall forfeit all
rights and benefits under, and membership in, any public retirement
system in which he or she is a member, effective on the date of final
conviction.
   (b) The public officer or employee described in subdivision (a)
shall forfeit only that portion of his or her rights and benefits
that accrued on or after January 1, 2012.
   (c) Any contributions made by the elected public officer or public
employee described in subdivision (a) to the public retirement
system that arose directly from or accrued solely as a result of his
or her forfeited service as an elected public officer or public
employee shall be returned, without interest, to the public officer
or public employee.
   (d) The public agency that employs a public officer or public
employee described in subdivision (b) shall notify the public
retirement system in which the person is a member of the person's
conviction.
   (e) For purposes of this section, the following definitions shall
apply:
   (1) "Public officer" means an officer of the state, or an officer
of a county, city, city and county, district, or authority, or any
department, division, bureau, board, commission, agency, or
instrumentality of any of these entities.
   (2) "Public employee" means any person employed by any public
agency.